Word: brennan
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...confirmed, Rehnquist and Powell will join the President's two other appointees, Chief Justice Warren Burger and Justice Harry Blackmun. The Old liberal, activist Warren majority has now shrunk to three: Justices William Brennan Jr., 65: Thurgood Marshall, 63; and William O. Douglas, 73. Holding four seats, the conservative Nixon Justices will also be a minority, with the balance of power exercised in the middle by Potter Stewart, 56, and Byron White, 54. But the bench will have been heavily tipped to the right by the Nixon bloc. It is now virtually a Nixon Court...
...Nixon court apparently will thus line up with Burger, Blackmun and the two new appointees in an almost automatically conservative group on which Nixon can count; Douglas and Marshall will be isolated on the left, frequently joined by Brennan; Stewart and White will be in the center, devoid of Harlan's influence and even more unpredictable than before...
...Black, William O. Douglas and Thurgood Marshall-contended that there can be no exceptions to the First Amendment's press freedom; no matter what the potential impact on the nation, prior restraints on news cannot be imposed by Government. Another trio composed of Justices Potter Stewart, William J. Brennan Jr. and Byron R. White took a middle position, contending that the First Amendment is not absolute and a potential danger to national security may be so grave as to justify censorship. However, they agreed that this had not been demonstrated in the Times and Post cases...
Troublesome Standard? With some pain, Burger conceded that the "line of [church-state] separation, far from being a 'wall,' is a blurred, indistinct and variable barrier." His reasoning was too blurred for Justices William O. Douglas, Hugo Black, Thurgood Marshall and William Brennan, who dissented in the college-aid decision. None of them could see why Government support of secular services should be more entangling in schools than colleges. All thought that the court should have banned aid to colleges too; Justice Byron White, the lone supporter of school-level aid, argued that if colleges meet the Allen...
...submitted," and gave no indication of when a decision would be handed down. It was expected early this week, however, and supporters of the Times and Post took heart from the narrow (5 to 4) decision to listen to oral arguments; the dissenting Justices (Douglas, Hugo Black, William Brennan, Thurgood Marshall) did not even think the Government's case was worth considering. If only one of the other five joins them-and Stewart is considered an active possibility-then the papers will have won their battle against prior restraint. But the victory would not allow the press to behave...