Word: dissenters
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Dates: during 1970-1979
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Despite its growing reputation for splintered decisions, judicial restraint and conservatism, the Burger Court last week confounded the instant image makers. In two decisions that drew only a single dissent, the court expanded the constitutional rights of the poor, continuing a trend that typified the heyday of Supreme Court liberalism under Chief Justice Earl Warren...
Blistering Dissent. On a related poverty question, the court ruled that indigents who want divorces do not have to pay fees to start proceedings. Since marriage is so basic and the state has a monopoly on the means to divorce, said Justice John Harlan for the majority, the Constitution's due-process clause prohibits any state "from denying, solely because of inability to pay, access to its courts to individuals who seek judicial dissolution of their marriages." The victors in the class action were eight New Haven women, all on welfare, who wanted to divorce their husbands but could...
...ever there has been a looser construction of the Constitution in this court's history," said Justice Hugo Black in a blistering ad lib accompanying his written dissent, "I fail to think what it is." Black drew a sharp distinction between the protected rights of poor criminal defendants brought to court against their will and the private, civil claims of the impoverished who come into court on their own. Black predicted that the decision will encourage divorces at taxpayers' expense and lead to a future court-imposed right to counsel for the poor in divorce and other civil...
...Carnegie Commission drew a sharp distinction between campus dissent and disruption, saying that disruption "must be condemned and met properly by the efforts of the campus and, when necessary, by application of the general...
...unwarned suspect later takes the stand, his pretrial statements to the police can be used to impeach his courtroom testimony. In sharp dissent, Justice William J. Brennan argued that the effect of the decision is that police may now "freely interrogate an accused incommunicado" despite Miranda; the accused may then see his own careless words convict him "if he has the temerity to testify in his own defense." Brennan's argument failed to move Burger, who dismissed "the speculative possibility that impermissible police conduct will be encouraged...