FROM THE ARCHIVE
O'Connor's last-minute Supreme Court flip-flop
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MONDAY, JUNE 2, 2003

Supreme Court Justice Sandra Day O'Connor saved the water rights of two Wyoming tribes in a last-minute change of heart.

O'Connor and four other justices were prepared to rule against the Northern Arapaho Tribe and the Eastern Shoshone Tribe. The Wyoming State Supreme Court had upheld the priority of their rights.

But O'Connor recused herself as the decision was being finalized because of the potential for her ranch, in Arizona, to be included in another tribal water rights claim. Her move produced a rare 4-4 "per curiam" order and the tribes were spared a loss.

The case is Wyoming v. United States, No. 88-309.

Get the Story:
Justices save several key cases for last (USA Today 6/2)

Get the Decision:
WYOMING v. UNITED STATES, 492 U.S. 406 (June 26, 1989)