Word: alabamas
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David Edwin Harrell Jr. of the University of Alabama in Birmingham, author of a Roberts biography, notes that in the 1950s, raisings were claimed by several revivalists. To Harrell, the surprise is not that Roberts is making the claim but that he did not do so before...
...week's end White House aides had disclosed the names of nine potential successors, but several appeared to face difficulties. Hatch and Senator Howell Heflin of Alabama, a conservative Democrat, are likely to run afoul of a provision in Article I of the Constitution that prevents any member of Congress from being appointed to a federal position that was voted a salary increase during that term of office. This may keep the Senators from taking court seats, since Congress approved a pay increase for Supreme Court Justices last February...
...influenced what came to be the court's general approach in employment as well as education: race-conscious goals are permissible so long as they do not become permanent, rigid quota systems. In the term just concluded, Powell cast the swing vote in upholding a promotion plan for black Alabama state troopers. But the Reagan Administration has been campaigning to abolish numerical hiring and promotion goals for minorities and women, and Powell could be replaced by a Justice who agrees with the Administration position...
Religion. Powell took a highly eclectic approach: he voted to allow Pawtucket, R.I., to place a creche in a municipal Christmas display, but also to strike down an Alabama law authorizing a moment of silence in public schools. Justices Rehnquist, Byron White and Antonin Scalia want to go further than Powell ever would in approving state practices that foster religion, and O'Connor would like to rewrite the court's standard test for deciding when such practices are constitutional. Powell's successor might make a majority...
Most of the considerable emotion that surrounds the establishment clause concerns education -- aid to schools with religious sponsorship and the treatment of religion in public schools. In 1985 the Supreme Court threw out a law authorizing a "moment of silence" in Alabama's public classrooms because the state law specified that the purpose was to set aside time to pray. The court hinted broadly that it might accept a nearly identical law if the measure did not narrow the purpose so plainly. Such a law is currently under challenge in New Jersey...