Word: antitrusters
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...civil division. The old-boy network of Stanford had brought her to Smith's attention. Among those who recommended O'Connor, as the search for a new Justice intensified: Stanford Law Dean Charles Myers, former Stanford Professor William Baxter, who now heads the Justice Department's antitrust division, and one of Stanford Law's most eminent alumni, Justice William Rehnquist. He is clearly the court's most consistent and activist conservative, so his advice that O'Connor was the best woman for the court carried clout. When Goldwater weighed in, too, O'Connor...
...security of lifetime tenure can liberate Justices to see themselves in a new perspective, unencumbered by the pressures of climbing toward the top. They are there. Justices have often confounded the Presidents who appointed them with unpredictable decisions. After Oliver Wendell Holmes ruled against Teddy Roosevelt in a key antitrust case, the President, who had appointed Holmes, fumed: "I could carve out of a banana a judge with more backbone than that." Said Dwight Eisenhower about his selection of Earl Warren: "The worst damn fool mistake I ever made." Harry Blackmun stunned Richard Nixon by writing the court...
...Reagan Administration agrees with Bork. In fact, Bork's writings are required reading for incoming Justice Department antitrust attorneys...
Argues Attorney General Smith: "Efficient firms should not be hobbled under the guise of antitrust enforcement." His antitrust chief, William Baxter, last week acknowledged that the Administration was creating "in many senses a more favorable atmosphere for mergers...
Since Baxter assumed his post in March, his trustbusters have filed only four new suits, compared with the 25 started during the same period in the Carter Administration. Baxter last week dropped two of the antitrust cases inherited from Carter: one against Mack Trucks and the other involving two firms in the brick-selling business. In light of the new attitude, Government approval of the Du Pont-Conoco match-up appears almost certain...