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...choice of a Northerner prevents any immediate test of Nixon's claim that the Senate would not have accepted a Southerner who is a "strict constructionist." There seems little doubt that a Southerner of Blackmun's caliber and philosophy could be confirmed. Many Senators were still bitter last week about the President's charge that they had acted out of regional prejudice. The first evidence of the practical impact of these strained relations could possibly come when the Senate takes up Nixon's plan to expand the ABM program. The animosity...

Author: /time Magazine | Title: Nation: Nixon Makes a Winning Choice | 4/27/1970 | See Source »

...issues-"He's not predictable." Blackmun himself says: "I've been called liberal and I've been called conservative. I think labels are deceiving. Actually, I've been brought up in the Frankfurter tradition" (Frankfurter was a relatively conservative Justice). As for being a "strict constructionist" of the Constitution, Blackmun says: "I don't know what it means." In that, he expresses a view common to many jurists who abhor such terms, feeling that they decide each case on its own particular merits. He thinks that serving on the court would be "a much more...

Author: /time Magazine | Title: Nation: Judge Harry Blackmun: A Craftsman for the Court | 4/27/1970 | See Source »

Unlike her husband, Dottie Blackmun proudly claims to be a "strict constructionist"-in the clothes designing she does as a creative hobby. She and a friend operate a custom dressmaking shop called "The Designing Women," in which they turn out fashionable clothes and teach the art to others. Mrs. Blackmun is excited about the probable move to Washington. "I'm going to have lots of fun because everywhere we go in Washington, I'll have to create a new outfit," she says. None of those who know Judge Blackmun have any fear that the Senate will keep Dottie...

Author: /time Magazine | Title: Nation: Judge Harry Blackmun: A Craftsman for the Court | 4/27/1970 | See Source »

...reason for protesting after the Government recently introduced a 33-item questionnaire including the requirement that demonstration leaders list their arrest and conviction records as well as their views on the use of violence before permits would be issued. U.S. District Judge George Hart, a conservative and strict constructionist, surprised many civil libertarians when he struck down 15 of the 33 questions, ruling that the exhaustive questionnaire had a chilling effect on First Amendment freedoms. The Houston Peace Coalition won a similar court victory over city officials who discouraged political parades in the downtown area while granting permits...

Author: /time Magazine | Title: The Law: Dissent Through the Courts | 4/27/1970 | See Source »

Another lawyer who favors a strict-constructionist court, Freshman Democrat William Spong of Virginia, went through a similar process in arriving at his anti-Carswell decision, though there was no emotional conclusion like Cook's experience at the Medal of Honor ceremony. Spong, too, had voted for Haynsworth, and he had also started out for Carswell. "I agree with the President that there is the need of a Southerner on the court," Spong said. But Carswell's printed opinions as a district court judge turned out to have been reversed, when appealed, nearly three times as often...

Author: /time Magazine | Title: Nation: Four Crucial Nays: Why They Did It | 4/20/1970 | See Source »

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