New wings sprout on high court; conservatives divided by independent streak
Article Abstract:
The 1991-92 term of the US Supreme Court was characterized by dissent among conservative justices over whether to fashion new law or stick with precedent and by the potential emergence of a conservative center of Justices Kennedy, O'Connor and Souter. In Lee v Weisman, a narrow majority led by Justices Kennedy and Souter left the establishment clause intact. This marked a shift from Kennedy's leaning toward a revision of that clause in a 1989 case. In R.A.V. v St Paul, the court found unconstitutional a St Paul city ordinance forbidding the display of symbols that might spur hate crimes.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1992
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The new term; high-court watchers wonder if the middle will hold
Article Abstract:
The 1991-1992 US Supreme Court term saw Justices David H. Souter, Anthony M. Kennedy and Sandra Day O'Connor emerging as the court's moderate conservative, centrist faction. In spite of these moderates, public interest groups are more reluctant to take cases to the current court. Some 65 cases are due for oral argument during the 1992-1993 term. The court will hear a freedom of religion case and free speech cases ranging from commercial speech to pornography. The judges will also hear an abortion case and one challenging procedures used in the impeachment of Judge Walter Nixon.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1992
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The Court confounds observers; newest members pick their own paths
Article Abstract:
The US Supreme Court is more conservative than in the past and sliding towards the right but a centrist conservative alliance between Justices O'Connor, Kennedy and Souter emerged during the 1991-92 term. In the abortion case before the court this term, Planned Parenthood v Casey, the two male justices joined with O'Connor in advocating the 'undue burden' test which she first advocated in 1983. On the basis of his first term, Clarence Thomas seems to have found a mentor and soul-mate in the court's most conservative justice, Antonin Scalia.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1992
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