Law & Courts

Justice O’Connor Played Pivotal Role in Education Cases

By Andrew Trotter — July 01, 2005 4 min read
  • Save to favorites
  • Print

Justice Sandra Day O’Connor, whose retirement from the U.S. Supreme Court was announced July 1, has exerted a strong influence in numerous decisions affecting public education over the past 24 years.

Justice O’Connor, 75, the first woman on the nation’s highest court, has been the swing vote who completed the majorities on major decisions on private school vouchers, religion in the public schools, affirmative action in college admissions, and sex discrimination in education.

Though viewed variously as a moderate or a conservative, she was renowned for crafting subtle legal opinions that broadened the middle ground on divisive issues.

“It’s a tremendous loss for the nation—it may be the end of moderation on the court,” said Charles C. Haynes, a senior scholar at the Arlington, Va., office of the Nashville, Tenn.-based First Amendment Center, a nonprofit organization that advocates protection of First Amendment rights. “She was, in my view, a thoughtful, wise, and careful voice of moderation.”

Mr. Haynes noted that though the associate justice was criticized over the years for “parsing each case and not offering enough of a broad vision, I think her broad vision was how are we going to live and work together across our differences,” he said. “She helped us to do that by taking these issues case by case.”

Julie Underwood, the general counsel of the National School Boards Association, agreed, and noted that a proof of her influence is that, by her count over the past six years, Justice O’Connor was part of more Supreme Court majorities than any other justice.

Clint Bolick, the president and general counsel of the Alliance for School Choice, a Phoenix-based organization that pushes for school voucher programs nationally, said he agreed with the assessment of Justice O’Connor as a “consensus builder.” But he said she was also principled with regard to federalism and liberty. “Generally, she sided with the state sovereignty over federal power, and with the individual over government power of any type,” Mr. Bolick said.

Among the key cases related to education in which Justice O’Connor was the swing vote:

Zelman v. Simmons-Harris. Justice O’Connor provided the swing vote in the 2002 decision that upheld the inclusion of religious schools for the state of Ohio’s private school voucher program for Cleveland children. “The constitutionality of a neutral educational aid program simply does not turn on whether and why, in a particular area, at a particular time, most private schools are religious, or most recipients choose to use the aid at a religious school,” she wrote in the majority opinion.

Jackson v. Birmingham Board of Education. In March 2005, she wrote the majority opinion in a 5-4 ruling that a high school girls’ basketball coach could sue his school district for allegedly retaliating against him after he complained that his female athletes were treated unfairly compared with the boys’ basketball team.

Grutter v. Bollinger and Gratz v. Bollinger. In a pair of cases dealing with the University of Michigan’s consideration of race in admissions to its law school and undergraduate program, decided in July 2003, Justice O’Connor wrote the majority opinion in Grutter and joined the majority in Gratz, which together upheld the consideration of race in higher education admissions as long as the process involves individualized review of applicants.

Davis v. Monroe County Board of Education and Gebser v. Lago Vista Independent School District. Justice O’Connor was the author of the majority opinions in two 5-4 decisions, one in 1999, the other in 1998, on how schools should handle sexual harassment of students under Title IX of the Education Amendments of 1972. In Gebser, her opinion laid out for school districts general guidance on how to avoid liability for sex harassment of students by teachers under the federal statute that prohibits sex discrimination in schools that receive federal funds. The court’s more conservative members joined her in that opinion. The next year, in Davis, she voted with the court’s more liberal members and wrote a decision that said districts could be held liable for student-on-student harassment.

Justice O’Connor was not in the majority in all cases, of course. In 1995, in Vernonia School District v. Acton, she wrote a harsh dissent, arguing that drug testing of students violates the Fourth Amendment guarantee against unreasonable searches. “It cannot be too often stated that the greatest threats to our constitutional freedoms come in times of crisis,” she wrote, referring to growing concerns about drug abuse.

In a brief resignation letter to President Bush, Justice O’Connor said she would step down as soon as her replacement was confirmed.

The announcement immediately electrified the public debate over the future of the court, which has centered on speculation that Chief Justice William H. Rehnquist, 80, who is battling thyroid cancer, may retire this summer. Advocacy groups on the right and the left have long prepared to battle over the next court appointment.

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
School Climate & Safety Webinar
There But Not Present: Rethinking Student Engagement
Learn how to recognize the early signs of disengagement and what the behavioral science reveals about which interventions actually work.
Content provided by Frontline Education
Teacher Preparation Webinar What Teacher Education Should Look Like in the Age of AI
Explore the current trends around the use of AI in teacher preparation and continuing education with data from the EdWeek Research Center.
English Learners Webinar How Can School Districts Better Support English Learners With Disabilities?
Join this webinar to hear recent findings from the EdWeek Research Center and discover practical strategies for improvement.

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Law & Courts Trump Says Title IX Excludes Trans Girls. The Supreme Court Could Weigh In Next
It's the flip side of a recent U.S. Supreme Court decision upholding state laws that bar transgender girls.
7 min read
Becky Pepper-Jackson prepares to throw a discus Tuesday, April 7, 2026, at Bridgeport High School in Bridgeport, W.VA.
Becky Pepper-Jackson prepares to throw a discus on April 7, 2026, at Bridgeport High School in Bridgeport, W.Va. Jackson's challenge of a West Virginia law barring transgender girls from girls' athletic teams ended up before the Supreme Court, which upheld the state's law. Now, the court could take on the question of whether Title IX requires that transgender athletes be excluded from teams that match their gender identity.
John Raby/AP
Law & Courts Supreme Court Rejects Appeal Over School's Ban of 'Let's Go Brandon' Sweatshirts
The justices left in place a lower court ruling that schools can ban the phrase over its veiled vulgarity.
1 min read
A spectator wears a Let's Go Brandon shirt in the stands during the first half of the Hula Bowl NCAA college football game, Jan. 15, 2022, in Orlando, Fla.
A spectator wears a Let's Go Brandon shirt in the stands during the first half of the Hula Bowl NCAA college football game, Jan. 15, 2022, in Orlando, Fla.
Phelan M. Ebenhack/AP
Law & Courts Ten Commandments in Classrooms: 'Passive Display' or Part of the Curriculum?
Five states now have laws that require or authorize Ten Commandments displays in public schools.
9 min read
A Ten Commandments poster is seen with boxes of others before they were delivered to local public schools in New Braunfels, Texas, Monday, Nov. 17, 2025.
A Ten Commandments poster is seen with boxes of others before they were delivered to local public schools in New Braunfels, Texas, on Nov. 17, 2025. Texas is one of four states that now require the commandments be displayed in public school classrooms.
Eric Gay/AP
Law & Courts Federal Court Ruling Paves Way for Jewish Charter School in Oklahoma
A federal judge cleared the way for a Florida-based Jewish charter school network to open in the state.
Lenzy Krehbiel-Burton, Tulsa World, Okla.
•
4 min read
WASHINGTON, DC - JANUARY 10: (L to R) Montana Attorney General Austin Knudsen, Oklahoma Attorney General Gentner Drummond, Missouri Attorney General Andrew Bailey and Frank O. Bowman III, professor emeritus of law, University of Missouri School of Law arrive to testify before a House Homeland Security Committee hearing titled "Havoc in the Heartland: How Secretary Mayorkas' Failed Leadership Has Impacted the States," at the U.S. Capitol on January 10, 2024 in Washington, DC. House Republicans have started their hearings into impeaching President Biden's Secretary of Homeland Security, Alejandro Mayorkas.
Oklahoma Attorney General Gentner Drummond, second from left, was a defendant in a lawsuit from the Ben Gamla Jewish Charter School Foundation challenging a decision from the state's charter school authorizing board that denied the group's bid to open a charter school.
Kent Nishimura/Getty Images