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...thought we had settled." One more vote -- perhaps a Bush appointment to the court -- would give these Justices the clout to undo 40 years of church-state law on everything from school prayer to public aid for church agencies. For now, the swing vote belongs to Sandra Day O'Connor, who voted for the menorah and against the creche last week...

Author: /time Magazine | Title: Law: Is The Court Hostile to Religion? | 7/17/1989 | See Source »

...opinion, a conservative plurality of three members, joined in part by Reagan appointees Antonin Scalia and Sandra Day O'Connor, suggested that as early as next year the court may overturn Roe v. Wade, the landmark 1973 ruling that established the right to terminate a pregnancy. A Missouri law banning the use of state facilities and prohibiting state employees from performing abortions was upheld on the ground that it "leaves a pregnant woman with the same choices as if the State had chosen not to operate any public hospitals at all." Another provision, requiring physicians to perform tests to determine...

Author: /time Magazine | Title: The Battle over Abortion | 7/17/1989 | See Source »

RATHER than reproduce a legislative structure for legal abortion, the Court--led by the unwillingness of Justice Sandra Day O'Connor to overturn Roe--established a political forum within which the forces on both sides of the issue can mobilize and establish clearly the aspects of abortion laws that Americans support...

Author: By Michael Stankiewicz, | Title: Sending it Back to the People | 7/11/1989 | See Source »

...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 »

...Equally unsurprising, the 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...

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

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