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Harry Blackmun's passionate dissent (joined by William Brennan, Thurgood Marshall and John Paul Stevens) asserted that "only the most willful - blindness could obscure" the connection between sexuality and the right to privacy. "No matter how uncomfortable a certain group may make the majority of this court," wrote Blackmun, that does not justify denying homosexuals the right to privacy. As for constitutional authority, the dissenters relied on the due-process clause and the Fourth Amendment's guarantee of "the right of the people to be secure in their persons (and) houses." Wrote Blackmun: "The right of an individual to conduct...

Author: /time Magazine | Title: Knocking on the Bedroom Door | 7/14/1986 | See Source »

...dissent gathered new intensity two weeks ago, on the day the 78-seat Northern Ireland Assembly at Stormont was due to close under orders from Britain. To dramatize their rejection of the Anglo-Irish accord, the Rev. Ian Paisley and members of his Democratic Unionist Party refused to leave the assembly hall. Finally, as the sit-in entered its eleventh hour, police moved in among the blue-leather benches and unceremoniously evicted the militant Protestants by force. That set off a full-scale fracas on the steep steps of the white-stone building. "Don't come crying...

Author: /time Magazine | Title: Northern Ireland Putting Protest Back in Protestant | 7/14/1986 | See Source »

...appeals judge, Scalia has been almost gratuitously antipress. He dissented from an opinion by his rival for the high court, Judge Bork, that threw out a suit by Bertell Ollman, a New York University professor who had been vilified as a Marxist by Columnists Rowland Evans and Robert Novak. Bork held that the column was merely opinion and thus protected speech; Scalia argued that it was "a coolly crafted libel." In his 100-page dissent, Scalia wondered why columnists, "even with full knowledge of the falsity or recklessness of what they say, should be able to destroy private reputations...

Author: /time Magazine | Title: Reagan's Mr. Right | 6/30/1986 | See Source »

Rehnquist was one of two dissenters (the other: Byron White) from Roe vs. Wade, the court's 1973 decision creating a constitutional right to abortion, and he has repeatedly dissented from court decisions banning prayer in schools. Court decisions upholding affirmative action have regularly drawn his scornful dissents. "There is perhaps no device more destructive to the notion of equality than the . . . quota," Rehnquist wrote in United Steelworkers and Kaiser Aluminum vs. Weber in 1979. He adamantly opposes court-ordered busing to remedy school segregation. The Constitution, he wrote in a dissent from a 1979 decision upholding busing in Columbus...

Author: /time Magazine | Title: Reagan's Mr. Right | 6/30/1986 | See Source »

...Justice is a lively and facile writer whose literate prose stands out on a court undistinguished by the eloquence of its opinions. In one dissent he borrowed from Gilbert and Sullivan to twit his colleagues for arrogating too much power to the federal courts: "The law is the true embodiment/ Of everything that's excellent/ It has no kind of fault or flaw/ And I, my Lords, embody...

Author: /time Magazine | Title: Reagan's Mr. Right | 6/30/1986 | See Source »

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