Word: brennans
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Dates: during 1970-1979
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What worried the four dissenters was the likelihood that some lower-court judges will take Rehnquist at his word and begin closing off courtrooms for no good reason. Justice Harry Blackmun, writing for himself and Justices William Brennan, Thurgood Marshall and Byron White, accused the court of overreacting to the risks of prejudicial publicity in the Clapp murder case. News articles about the case were "placid, routine and innocuous," wrote Blackmun. "There was no screaming headline, no lurid photograph, no front-page overemphasis." Nonetheless, the court "reached for a strict and flat result," he said, an "inflexible rule" that ignores...
...Supreme Court's majority opinion, written by Justice William Brennan, conceded that the lower courts' rulings had followed the letter of the 1964 law, but insisted that they were not within its spirit. The primary concern of Congress was with "the plight of the Negro in our economy," Brennan wrote. It would be "ironic indeed," he said, if Title VII was used to prohibit "all voluntary, private, race-conscious efforts to abolish traditional patterns" of discrimination...
...Brennan did not address the issue, but it is clear that the EEOC can obtain court-ordered affirmative action, including quotas, if it proves past discrimination. Most affirmative-action programs exist because employers cannot get federal contracts without them. Last week the Government said it would no longer buy from Uniroyal, charging that the company had balked at setting up an affirmative-action program for women. Uniroyal is only the 21st company to be so penalized in 15 years, but it is the biggest-with $35 million in outstanding Government contracts...
...give preference to minorities over whites. But to be safe from Weber-type challenges, an affirmative-action program would have to avoid excluding whites altogether, deal with job categories that have traditionally been segregated, and avoid firing whites to make room for blacks. It also must be "temporary." Justice Brennan noted with approval that when the percentage of black skilled workers at the Kaiser plant approximates the percentage of blacks in the local labor force, the program will...
Helstoski had argued that the bribery charges against him should be thrown out. Though Justice William Brennan agreed, the rest of the court would not go that far. The Government can still show that Helstoski promised to introduce bills...