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Even within the 5-to-4 majority, though, the Justices' views differed. The markedly conservative Antonin Scalia sharply declared that although he agreed with the majority, the federal courts "have no business in this field." Sandra Day O'Connor urged that further definitions of incompetents' rights be worked out by legislators in "the 'laboratory' of the states...

Author: /time Magazine | Title: Law: A Limited Right to Die | 7/9/1990 | See Source »

...Texas law barring flag desecration on the ground that it violated the First Amendment's protection of free speech, the Supreme Court last week threw out a law Congress subsequently passed to circumvent that ruling. The 5-to-4 vote was the same as before: conservative Reagan appointees Antonin Scalia and Anthony Kennedy joined William Brennan, Thurgood Marshall and Harry Blackmun in ruling that even offensive forms of political expression -- in fact, especially those offensive forms -- were what the Constitution was designed to protect. "Punishing desecration of the flag dilutes the very freedom that makes this emblem so revered," Brennan...

Author: /time Magazine | Title: Hiding in The Flag | 6/25/1990 | See Source »

...blow to Indian traditions, the court ruled 6-3 that there is no constitutional right to take the hallucinogenic drug peyote as a religious practice. Justice Antonin Scalia, writing for the majority, said that the First Amendment freedom of religion did not allow individuals to break the law: "We have never held that an individual's religious beliefs excuse him from compliance with an otherwise valid law prohibiting conduct that the state is free to regulate." Native American groups were quick to protest the ruling, saying that use of peyote in religious ceremonies predated the Constitution...

Author: /time Magazine | Title: Law: A Victory for Integration | 4/30/1990 | See Source »

Soon the argument attained a higher judicial level. Supreme Court Justice Antonin Scalia with Chief Justice William Rehnquist, joining in dissent from the 1987 decision, cited testimony that "creation science" merits equal class time with Darwinian evolution as a competing theory of the origin of life...

Author: /time Magazine | Title: Essay: Dissent, Dogma and Darwin's Dog | 1/15/1990 | See Source »

Even then, Jakes resisted internal party pressure to convene an emergency session of the Central Committee. "It wasn't just the Central Committee; it was the regional party officials who were shouting for it," says Antonin Mlady, a factory foreman and member of the newly formed Politburo. Finally the Politburo overruled Jakes and called a meeting. On Friday, Nov. 24, the session opened in an austere hall in the Stalinist-era Party Political University on the outskirts of Prague. There, Jakes tried one last tactic to save his job: he proposed a new law that would permit freedom of assembly...

Author: /time Magazine | Title: East-West: Anatomy of A Purge: Czechoslovak Jake and Gorbachev | 12/11/1989 | See Source »

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