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101 Harv. L. Rev. 395 (1987-1988)
Issue 2

handle is hein.journals/hlr101 and id is 413 raw text is: DECEMBER 1987

HARVARD LAW REVIEW
A TRIBUTE TO
JUSTICE LEWIS F. POWELL, JR.
Sandra Day O'Connor*
Changes in the composition of the Supreme Court are both inev-
itable and inevitably significant. As the law and the nation are to
some degree shaped by the Court, so the Court is shaped by the
Justices who serve on it. It is fitting, on the occasion of Justice Lewis
F. Powell's retirement, to reflect on the role of individual character
in the work of the Court.
Justice Powell's decision to retire, which came as a surprise to his
eight colleagues, provides a particularly apt moment for such reflection
because of Justice Powell's extraordinary personal qualities. His de-
parture from the Court is an important event for many different
reasons, and I leave others to speculate about the effects on the
publicly visible aspects of the Court's work. I wish to focus instead
on the man himself and especially on why his leaving is so poignant
for those of us who remain.
Few people join the Court without their fair share of outstanding
personal accomplishments. With respect to how many of the Justices,
however, could their colleagues say, years later, His very presence
among us, day to day and on the bench, was something each of us
valued - indeed, treasured? I can say that about Justice Powell,
for I have known no one in my lifetime who is kinder or more
courteous than he. If at times he was unhappy or frustrated with one
of us, he never expressed a harsh thought or criticism. Instead, he
would smile and say, in his soft Southern accent, something like:
Now, I would be pleased to have any of you join me. And I would
be happy to hear any of your suggestions.
The humanizing influence of Justice Powell's courtesy and kindness
is not an easy thing to measure, but for those of us who felt it, it will
be impossible to forget. Nor should one assume that his gentle nature
affected only the atmosphere in which we worked. At conference
discussions, he would often focus on the equities of the particular
case, for the parties and the problems they presented were very much
* Associate Justice, United States Supreme Court.

VOLUME 101

NUMBER 2

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