WHAT A DIFFERENCE ONE SUPREME COURT JUSTICE CAN MAKE

Justice Sandra Day O'Connor played a key and pivotal role at the center of a very divided Supreme Court. Here are six key issues affected by her deciding vote. What difference does one vote make and how different might the outcomes of these cases have been without O'Connor? Each vote is important, but a replacement for O'Connor will have a crucial say in the future of our basic rights and protections.

DISABILITY RIGHTS
George Lane showed up at a Tennessee courthouse to discover that he needed to get to the second floor for his trial—but Mr. Lane uses a wheelchair and the courthouse had no elevator. At his first appearance, Mr. Lane crawled up the two flights of stairs to get to the courtroom. When he returned and refused to crawl or be carried up the stairs, Mr. Lane was arrested and jailed for failing to appear at his hearing. He sued, and Sandra Day O'Connor provided the crucial vote to uphold the Americans with Disabilities Act. With a different fifth vote, courtrooms might not have had to be physically accessible to people with disabilities. 
Tennessee v. Lane, 541 U.S. 509 (2004).

EDUCATION
The Tennessee Secondary Schools Athletic Association is a not-for-profit organization overseeing the state's interscholastic athletics in mostly public high schools.  Private school Brentwood Academy sued the association for penalizing the academy for improper recruiting practices. The academy tried to argue that because it was a private institution, it was immune from state rules. In a 5-4 decision, the Supreme Court ruled that the Tennessee Secondary Schools Athletic Association was designated by the state to act on behalf of the state, and therefore required not to discriminate. Justice O'Connor's vote was essential in making sure that civil rights laws apply to associations regulating interscholastic sports.
Brentwood Academy v. Tennessee Secondary School Athletic Association, 535 U.S. 971 (2001).

ENVIRONMENTAL PROTECTION
A state environmental agency attempted to apply less stringent environmental standards on a zinc-mining facility than was required by the federal Environmental Protection Agency. Justice O'Connor joined a 5-4 majority of the Supreme Court in holding that the EPA had the power to override the state agency. The decision empowered the federal agency to apply its stronger, federal environmental regulations when a state agency fails to act.
Alaska Dept. of Environmental Conservation v. EPA, 540 U.S. 461 (2004).

HEALTH CARE
The Supreme Court upheld Illinois's HMO Act, which allows patients the right to an independent medical review—a second opinion—for claims or treatment denied by their HMO. The Supreme Court's decision in Rush Prudential leaves the door open for states to regulate against the abuses of insurance companies, an invitation taken up by the 42 states that have adopted similar laws.
Rush Prudential HMO v. Moran, 536 U.S. 355 (2002)

RACIAL JUSTICE
In another 5-4 decision the Supreme Court upheld the University of Michigan Law School's admissions policy, with O'Connor's vote clearing the way for universities to continue assembling diverse student bodies through affirmative action programs. The policy passed muster because it treated race only as a "plus" factor for a minority applicant. Had O'Connor gone the other way, both Michigan affirmative action programs would have been branded unconstitutional, leaving public universities with no affirmative action model approved by the court, and sharply reducing opportunities for minorities and women and the ability to promote diversity on many college campuses.
Grutter v. Bollinger, 539 U.S. 306 (2003).

WOMEN'S RIGHTS
A school board in Alabama retaliated against a teacher (removing him from his coaching post) because he complained of sex discrimination against the girls' basketball team he coached. Justice O'Connor wrote the opinion in this 5-4 decision, saying that retaliation against a person because that person has complained of sex discrimination was another form of intentional discrimination. This important decision gives educators the freedom to report suspected sex discrimination without fear that they will be fired for doing so.
Jackson v. Birmingham Bd. Of Ed., 125 S.Ct  1497 (2005).

FURTHER RESOURCES
An opinion about Justice O'Connor's practical approach - E.J. Dionne presents an interesting summary of Justice O'Connor's practical, case-by-case approach in a July 2, 2005 Washington Post column.