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Abortion rights advocates believe that , despite his past support of a state ban on the late-term procedure that opponents call " partial birth , " he may now assume the moderating " swing vote " role that retired Justice Sandra Day O'Connor formerly played . But on Oct. 3 , 2005 , when he announced he had picked Miers , his loyal legal counsel , to succeed retiring Justice Sandra Day O'Connor , the right wing of their own party skewered both Bush and Miers.A little more than three weeks later , she withdrew from contention amid the unrelenting backlash , particularly from conservatives , who argued that there were far better candidates.Miers ' resume was filled with firsts : first woman president of the Dallas Bar Association , first woman president of the Texas bar , first woman president of her law firm.She was Bush 's personal lawyer in Texas , took on the thankless job of cleaning up the Texas Lottery when he was governor and followed him to Washington to serve as staff secretary . that we're going to be in a kind of bog of mixtures of constitutional law , unclear Oregon state law , not certain exactly what was meant by whom in the context of the trial , et cetera , " said Justice Stephen G. Breyer , who voted in favor of the court 's previous decisions limiting punitive damages.Justices Antonin Scalia and Ruth Bader Ginsburg , who dissented from those decisions , made similar points , as did Justice David H. Souter.Compensatory damages are usually awarded to compensate for economic losses or pain and suffering . Justice David H. Souter limits his remarks almost exclusively to the chambers , and Justice Clarence Thomas is averse to media interviews . Since then , Justice Sandra Day O'Connor , who was in the majority , has been replaced by Justice Samuel A. Alito Jr. " Household Allocations for Children 's College Education : Evidence for the ' Snow White ' Effect " by John Henretta , Beth J. Soldo and Matthew Van Voorhis .