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...dramatic decisions were written by Justices Antonin Scalia and Sandra Day O'Connor, who were joined by Justices Byron White and Anthony Kennedy and Chief Justice William Rehnquist. The rulings, together with a decision holding that police need not use the "exact form" of the Miranda warnings to inform arrested suspects of their rights, left little doubt that the court's tough law-and-order majority is firmly entrenched. "The days of criminals' getting off on technicalities are over," declared Daniel Popeo, head of the conservative Washington Legal Foundation, surveying the overall rightward drift of the Rehnquist Court's criminal...

Author: /time Magazine | Title: Law: Bad News for Death Row | 7/10/1989 | See Source »

...obscene or indecent" telephone-message services, had been enacted at the urging of parents' groups that complained the racy phone communications were too easily accessible to children. But last week the court insisted on maintaining the distinction between obscenity, which may be prohibited, and indecency, which may not. Justice Byron White declared that banning indecent but not obscene telephone calls for adults went beyond what was needed to protect children from such messages. He said children could be shielded from phone sex by technological restrictions, like access codes or scramblers, or requiring payment by credit card. The decision, however, still...

Author: /time Magazine | Title: Law: Dial-A-porn, Find-a-Lawyer | 7/3/1989 | See Source »

...most consistent conservative on the bench, Chief Justice William Rehnquist, crafted the main dissent. What was noteworthy, however, was the unusual lineup behind them. John Paul Stevens, who by virtue of the court's rightward swing is now considered a liberal, joined with Sandra Day O'Connor and Byron White in dissent. On the other side, Ronald Reagan's two conservative appointees, Antonin Scalia and Anthony Kennedy, showed that when basic First Amendment rights were involved, they could come down in defense even of flag burning. Thurgood Marshall and Harry Blackmun rounded out the 5-to-4 majority...

Author: /time Magazine | Title: O'Er The Land of The Free | 7/3/1989 | See Source »

...that legacy been more apparent than in the makeup of the current U.S. Supreme Court. Three of its nine members -- Sandra Day O'Connor, Antonin Scalia and Anthony Kennedy -- were appointed by Reagan. William Rehnquist, a Nixon appointee, was promoted to Chief Justice by Reagan. Often allying themselves with Byron White, they have anchored a conservative majority that seems increasingly bent on undoing much of the work of its liberal predecessors...

Author: /time Magazine | Title: Law: Chipping Away at Civil Rights | 6/26/1989 | See Source »

...Brennan, Marshall and Blackmun are usually joined in abortion rulings by John Paul Stevens, a Gerald Ford appointee. Almost certain to be on the other side are Chief Justice William Rehnquist and Byron White, who were the two dissenters when Roe was decided. Reagan appointees Antonin Scalia and Anthony Kennedy never ruled on an abortion case during their years as lower- court judges, but both men are expected to favor limiting or overturning the decision...

Author: /time Magazine | Title: Whose Life Is It? (Roe v. Wade) | 5/1/1989 | See Source »

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