Sandra Day

Gerrymandered
October 25, 1993

On the first day of the new term, the Supreme Court revisited the question that undid Lani Guinier: How much racial gerrymandering does the Constitution permit, and the Voting Rights Act require? In her opaque majority opinion in Shaw v. Reno last June, Sandra Day O'Connor flirted with, and then retreated from, the argument that the Constitution always forbids states from carving out black and Hispanic electoral districts, even as a remedy for past discrimination.

Banking on Bruce
June 28, 1993

If Bill Clinton nominates Bruce Babbitt to the Supreme Court, he will be hard-pressed to claim that the interior secretary shares his judicial philosophy. For after reviewing Babbitt's extensive writings and speeches, the White House is confident that Babbitt has virtually no opinions on constitutional issues that he has bothered to express. For most politicians, this would be unexceptional; but in Babbitt's case it is somewhat surprising.

Danny and Zoe
February 01, 1993

The drama that culminated in Zoe Baird's selection as attorney general was demeaning to all the players. First, Bill Clinton made it clear that only women need apply. Then Judge Patricia Wald, who deserved to be at the top of a coed list, took herself out of the running. Brooksley Born, a Washington lawyer-activist, lost the job by leaving Clinton cold in her interview--after boasting to friends that she had clinched the nomination.

The Leader of the Opposition
January 18, 1993

Jeffrey Rosen on the tortuous jurisprudence of Antonin Scalia.

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