Word: blackmun
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...think some Justices will put a lot of weight on having a stronger majority," says Columbia University law professor Vincent Blasi. "I also think they'll be confident that in the next few years they will get it." With Roe supporters William Brennan, Thurgood Marshall and Harry Blackmun all in their 80s, George Bush is likely to be able to make some court appointments...
Justice Harry Blackmun, author of the majority opinion in the original Roe decision, predicts that Roe will likely "go down the drain this term." Even if it doesn't, Blackmun and his liberal brethren, Justices Thurgood Marshall and William Brennan, are teetering on the brink of retirement. Another Republican-appointed justice would seal Roe's fate...
...rights. "While the state may have been aware of the dangers that Joshua faced in the free world, it played no part in their creation, nor did it do anything to render him any more vulnerable to them." The majority's ruling provoked an emotional dissent from Justice Harry Blackmun. "Poor Joshua! Victim of repeated attacks by an irresponsible, bullying, cowardly and intemperate father, and abandoned by ((county officials)) who placed him in a dangerous predicament," he wrote. "It is a sad commentary upon American life and constitutional principles...
...requirement that all government distinctions based on race be subject to "strict scrutiny." This means that public-sector affirmative-action programs are valid only if they serve the "compelling state interest" of redressing "identified discrimination." Justice Thurgood Marshall, in a bitter dissent joined by Justices William Brennan and Harry Blackmun, called the decision "a deliberate and giant step backward in this court's affirmative-action jurisprudence...
...violated the Constitution by blurring the separation of powers among the branches of Government. Congress had, for instance, given both legislative and executive functions to a commission within the judicial branch. The commission's recommendations have the force of law unless Congress vetoes them within six months. Justice Harry Blackmun's majority decision admitted that this setup is an "unusual hybrid" but said Congress had been "practical" in asking experts to handle a technical task...