In an article about Sandra Day O’Connor’s new collection of essays titled The Majesty of Law, the Washington Post reports that the published version drops some controversial comments that appeared in the galleys.
In a recent review, David J. Garrow, a professor of law at Emory University, noted that the published edition of the book omits two sentences that were included in prepublication review copies.
The material referred to O’Connor opinions that said the Constitution permits only affirmative action programs that are absolutely necessary to meet the most important government goals. She wrote: “My own views of the level of scrutiny to be given to affirmative action programs expressed in my dissent in Metro Broadcasting were, in due course, adopted by this Court’s opinion in Adarand. I must confess to having hopes that some of my other dissents will one day be similarly vindicated.”
Garrow wondered whether O’Connor deleted this allusion to a “hot-button topic” because the University of Michigan affirmative action battle is before the court.
But O’Connor says simply that it was “not necessary for the text.”
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