Word: blackmun
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...majority agreed that the informant's conduct amounted to interrogation, and since Henry was in custody, he was entitled to have a lawyer present. The test, devised 16 years ago in Massiah vs. U.S., is whether the informant "deliberately elicited" the statements. In a dissent, Justice Harry Blackmun complained that even evidence obtained from a " 'negligent' triggering of events" will now be inadmissible. But liberal scholars were pleased. Said the University of Michigan's Yale Kamisar: "After years of moaning about keeping out reliable evidence, the Chief Justice writes an opinion making Massiah stronger than ever...
...comely . . . pretty . . . piquant . . . zaftig . . ." Thy Neighbor's Wife is an orgy of adjectives, and both sexes get their share. A peak of sorts is reached when Talese describes the members of the Supreme Court: "Broad-chested, sixty-six-year-old mustachioed Thurgood Marshall . . . tidy, hornrimmed, thin-lipped Harry Blackmun." Much of the book reads as if it has been badly translated: "Some inventive interpretation of the malleable wording of the flexible definition of the crime of obscenity...
...decision, Moore vs. Illinois, that denied a new trial to a man who faced a life sentence for murdering a bartender in a tavern quarrel. As the book tells it, Brennan favored a retrial but decided to join in the majority opinion. Reason: Brennan was concerned that Harry Blackmun, who wrote the opinion, would be "personally offended" if he dissented and thus might not support him in other cases. New York Times Columnist Anthony Lewis decided to probe this account of cynical legal horse-trading, which the book suggested was based on the recollection of an unnamed former Brennan clerk...
...court has no one who fits that description, as the authors see it. Decisions turn on the shifting votes of "the group," as Stewart calls it, the court's centrist core-Stewart, Powell, White and John Paul Stevens. Harry Blackmun is described as having to struggle to keep up with the court's work load but, growing in self-confidence and independence, he increasingly joins the group. Justice William Rehnquist has the intelligence and the personal charm to be the leader but is too far to the right to consistently swing others. The two leftover liberals from...
...principle, affirmative action has four apparently solid votes on the court, at least if Bakke and Weber are a guide: Justices Brennan, Marshall, White and Blackmun. The decisive fifth vote might depend on the particular facts of this case. Constitutional Scholar Laurence Tribe thinks this vote could be attracted by the fact that the set-aside is "more of a carrot than a stick" to help minorities...