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...hundreds of ongoing environmental disputes nationwide. It came as a defeat for the Clinton administration, which until now had been successful in lower court decisions seeking a "one-way" interpretation of the law, in which only environmentalists could use the act to sue for greater protection of wildlife. Justice Antonin Scalia wrote in the court opinion that the Endangered Species Act's citizen-suit provision should allow people to sue the government for overprotection as well. In the 1992 case before the court, cattle ranchers and farmers in Oregon had sued to recover some $75 million in damages after...

Author: /time Magazine | Title: The Act Cuts Both Ways | 3/19/1997 | See Source »

Further complicating the case are some unusual court dynamics. The most conservative Justices, like Chief Justice William Rehnquist and Justices Antonin Scalia and Clarence Thomas, who may be least warmly inclined toward this particular President, have been the most philosophically committed to a strong presidency. More liberal members, who are more open to the general idea of allowing a President to be sued, may have more sympathy for this President, who elevated two of them to the bench. Justice Ruth Bader Ginsburg may be in the toughest position of all. As a former women's-rights litigator and a Supreme...

Author: /time Magazine | Title: WILL SHE HAVE HER DAY IN COURT ? | 1/20/1997 | See Source »

...preparations for his upcoming second term inauguration, President Clinton instead found his focus turned toward the Supreme Court building. There, justices aggressively questioned attorneys for both Clinton and Paula Jones as they heard arguments over whether or not Clinton should be allowed to delay Jones' sexual harassment suit. Justice Antonin Scalia challenged the assertion of Clinton attorney Robert Bennett that the President was too busy to defend himself, telling Bennett: "The notion that he doesn't have a minute to spare is not credible." But Scalia seemed sympathetic to the heart of Bennett's argument: that under the Constitution...

Author: /time Magazine | Title: Clinton's Day In Court | 1/13/1997 | See Source »

...court, Justice Stephen Breyer noted that federal tax law excludes from gross income those monetary awards received "on account of personal injuries." Punitive-damages awards are "not received on account of personal injuries; hence the provision does not apply and the damages are taxable," Breyer said. Justice Antonin Scalia dissented, saying "both types of damages are 'received on account of the personal injury.'" The decision came in the case of O'Gilvie vs. U.S., where the family of Betty O'Gilvie, who died of toxic shock syndrome, won $10 million in punitive damages from International Playtex, the maker...

Author: /time Magazine | Title: Congratulations -- Now, Pay Up | 12/10/1996 | See Source »

...JUSTICE ANTONIN SCALIA No constitutional right to die, he says, inadvertently prejudging case on high-court docket...

Author: /time Magazine | Title: Notebook: Nov. 11, 1996 | 11/11/1996 | See Source »

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