Judicature Volume: 77 Issue: 3 Dated: (November-December 1993) Pages: 134-139
A journal article examining Justice O'Connor's voting record.
Data from cases involving civil rights, criminal procedure, and other selected issues decided with a full opinion during the 1981 through 1991 terms of the U.S. Supreme Court are analyzed to assess Suzanna Sherry's claim that O'Connor's decision making reflects a uniquely feminine "different voice" perspective. In support of her conclusion, Sherry maintains that O'Connor has manifested a communitarian viewpoint in her opinions involving civil rights and the establishment clause. Sherry argues, on the other hand, that O'Connor's opinions in the area of criminal procedure emphasize protection of a community from crime at the expense of individual rights of criminal defendants. Davis' analysis concludes that although O'Connor's opinions suggest a communitarian emphasis, such evidence could have other than a gender-related explanation. Further research of the voting behavior and opinions of women judges at all levels of the judiciary is recommended. 3 tables, footnotes.
United States of America