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...which the court's conservatives tightened the screws on affirmative action, said "enough" to a famous effort to achieve school desegregation, approved suspicionless drug testing for high school athletes and forbade Congress to extend power over the states. What made all the difference is that Sandra Day O'Connor and Anthony Kennedy, two perennial swing votes, swung 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...

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

Showing they might still constitute a force to be reckoned with, the liberals brought Kennedy and O'Connor over to their side for a 6-to-3 ruling last week. In a setback for the timber interests that brought the suit, the court ruled that the U.S. Fish and Wildlife Service had not exceeded the intent of the Endangered Species Act of 1973 when it forbade modification or destruction of wildlife habitats on private land. With Congress in the process of rewriting the Endangered Species Act, even that could be a short-lived victory...

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

Though the conservatives prevailed this term largely because of O'Connor and Kennedy, both Justices still drift from time to time to the other side. It was Kennedy who provided the majority in the term-limits case, in which the court decided that states could not limit the terms of members of Congress because the framers of the Constitution established the exclusive qualifications. And O'Connor wrote the strong dissent when the court ruled that public high schools can require drug tests for student athletes without prior suspicion of drug use. Moreover, Kennedy and O'Connor often wrote separate opinions...

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

...nomination has been endorsed by Supreme Court Justice Sandra Day O'Connor and retired Justice William Brennan...

Author: By Alison D. Overholt, | Title: Liberals Attack SJC Nominee | 6/27/1995 | See Source »

...them does not constitute an unreasonable search. Justice Antonin Scalia cautioned that the new ruling applied only to athletes, and 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 »

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