Word: burgers
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Liberals who fear the "soon-to-be" right-wing Supreme Court no longer need to hold their breath. By upholding the Georgia sodomy law last week, the Burger Court has proven itself every bit as capable of violating individual rights as the Rehnquist Court promises...
...trial. Significantly, the appeals-court decision was written by Antonin Scalia, President Reagan's Supreme Court nominee, who is widely regarded as no friend of the press. Judge Scalia's view was supported by a now famous footnote in a 1979 Supreme Court ruling written by Chief Justice Warren Burger. In that case, Burger noted that in order to prove "actual malice"--the stiff standard public figures must meet to win a libel case--plaintiffs have the right to inquire into a reporter's "state of mind." Such a complex undertaking, stated the Chief Justice, "does not readily lend itself...
Dissenting were Justices Byron R. White, Chief Justice Warren E. Burger, who is about to retire, and Justice William H. Rehnquist, Reagan's choice to succeed Burger as chief justice...
...beautiful. Not only would millions of the hungry be fed, but never again would I bite into a sour piece of rubber or peel apart a burger in order to extract the urethane substance like a pair of dirty diapers. Millions and millions of Americans would share in the jubilation. For the few who actually liked the pickles, they would be making a minor sacrifice for a grand cause...
...This court had a couple of Justices with vision," says University of Michigan Law Professor Yale Kamisar. "Brennan on the left and Rehnquist on the right. But nobody had the votes." As a result, the legacy of the Burger Court, insofar as it makes sense to speak of a Burger Court, lies mainly in the details. "It met the hard cases, decided the finer points and didn't push things along any further," says University of Texas Law Professor Scot Powe. For an era of rapid and thus often heated social change, that amounts to a respectable epitaph...