Word: blackmun
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...conservatives strictly limited to those five votes. Byron White is likely to join them on some cases, often those involving criminal law and police powers. Even John Paul Stevens supports them on many free-speech issues. That leaves Thurgood Marshall and Harry Blackmun, both 82, the oldest members of the court, as its only unbudging liberals. "The swing Justices no longer control the outcome," says Duke University law professor Walter Dellinger. "There's no swing Justice, really...
...defense of affirmative action, Supreme Court Justice Harry Blackmun wrote in 1978: "In order to get beyond racism, we must first take account of race . . . And in order to treat some persons equally, we must treat them differently." In the current racial climate, one can only conclude that taking account of race, even in a supposedly ameliorative way, does not guarantee the ability to get beyond race. The only question is how we choose to deal with it. Do we do so by applying outwardly unbiased policies that ultimately rely on the judgment and goodwill of those who assume minorities...
...does not forbid women to seek abortion counseling and referrals. But it narrows -- and in some cases may even eliminate -- access to such services for many poor and low-income women who cannot afford private medical advice, thereby placing informed choice beyond their reach. "For these women," Justice Harry Blackmun warned in a harsh dissenting opinion, "the government will have obliterated the freedom to choose as surely as if it had banned abortions outright." The court's action set pro- and anti- abortion advocates at one another again, arguing the merits of the decision itself and predicting fearfully or hopefully...
...practical consequences for the 4 million women who rely on Title X ) funding. In his majority opinion, Chief Justice William Rehnquist contended that the ban on abortion counseling leaves a woman "in no different position than she would have been if the government had not enacted Title X." Blackmun, who had penned the Roe decision, differed sharply, pointing to the 1988 regulation that requires clinic staff members to answer all abortion inquiries with the words "The project does not consider abortion an appropriate method of family planning." He warned that a patient will construe this message "as professional advice...
...clinics in 49 states, called the decision to halt abortion counseling "an unimaginable blow to free speech." From Capitol Hill came rumblings that liberty of expression had been, as Democratic Congressman Ron Wyden of Oregon put it, "thrown into the trash can." But the toughest counterpunch was landed by Blackmun, who charged the court with "viewpoint- based suppression of speech...