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...Thomas is black, he must represent the views of liberal civil rights organizations. It is demeaning and condescending to try to lump the diverse members of an entire community into one orthodoxy and deem only one view authentic. No one would suggest that Justices Ruth Bader Ginsburg and Stephen Breyer must reflect "Jewish views," or that Justices Sandra Day O'Connor and Anthony Kennedy must represent "Irish opinions." Moreover, the Supreme Court is not a representative body; its members are appointed for life so that they may act as neutral, dispassionate umpires in the constitutional disputes of our day. That...

Author: /time Magazine | Title: Letters, Jul. 31, 1995 | 7/31/1995 | See Source »

...regularly to the right. There they met up with Chief Justice William Rehnquist, Antonin Scalia and Clarence Thomas, the slash-and-burn conservatives. That the term also saw the further consolidation of a fairly reliable four-vote liberal block--John Paul Stevens, David Souter, Ruth Bader Ginsburg and Stephen Breyer--is cold comfort to those four and their supporters. Unless they can attract O'Connor or Kennedy to their side more often, the left wing of the court is in danger of becoming a vestigial organ, visible but pointless...

Author: /time Magazine | Title: THE SOUL OF A NEW MAJORITY | 7/10/1995 | See Source »

...should not be interpreted as condoning suspicionless searches regarding other students.TIME legal correspondent Adam Cohennotes that the justices did not divide along traditional lines in this ruling. "Justice O'Connor and Justice Souter, who are generally viewed as conservatives, strongly dissented from this decision." At the same time, "Justices Breyer and Ginsberg, two Clinton appointees who might be expected to vote in a more liberal manner, went along with the majority...

Author: /time Magazine | Title: SUPREME COURT BACKS STUDENT DRUG TESTING | 6/26/1995 | See Source »

...from today's ruling, Justice Anthony Kennedy called the decision "censorship pure and simple," and a "serious departure" from existing law on commercial speech. TIME's Adam Cohen says the ruling cuts against the trend of High Court rulings deregulating advertising. Also significant, Cohen reports that new Justice Stephen Breyer sided with the majority. "It suggests that, contrary to the popular view, he's not a reliable liberal vote on issues like this...

Author: /time Magazine | Title: FREE SPEECH VS. BAD TASTE | 6/21/1995 | See Source »

...Lopez's lawyer that the Gun-Free School Zones Act of 1990 is unconstitutional, rejecting the government's argument that guns in schools contribute to violence, which in turn hampers students' learning and hurts the economy by making students less productive. The court was deeply divided, however. Justice Stephen Breyer, who called the majority ruling "extraordinary," took the unusual position of reading from the bench a portion of his dissent, which argued that "gun-related violence in and around schools is a commercial, as well as a human problem...

Author: /time Magazine | Title: A GUN BAN IS SHOT DOWN | 5/8/1995 | See Source »

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