Word: fortases
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The U.S. Supreme Court is generally thought of as a serene haven. For Abe Fortas, that view has been obscured by some ominous clouds. When Lyndon Johnson nominated his old friend and adviser to the high court in 1965, witnesses turned the Senate confirmation hearing into a denunciation of Fortas...
The three dissenters described the new rule as unrealistically rigid. "Strait indeed is the path of the righteous legislator," wrote Justice John Harlan wryly. "Slide rule in hand, he must avoid all thought of county lines, local traditions, politics, history and economics, so as to achieve the magic formula: one...
In arguing against each appeal, Government lawyers studiously avoided mention of the sensitive embassy issue. Justice Byron White, a former Deputy Attorney General who wrote the majority opinion, also made no mention of embassy bugging. White argued that the adversary system entitles the defendant to see all the records of...
Thus, the Government plans to take a rare step this week. It is preparing to petition the Supreme Court for a rehearing on the decision. At the very least, it is seeking to carve out an exception for national security cases, just as was proposed by Justice Fortas.
Despite Black's fears, the court made it plain that it was approving only demonstrations that do not sabotage the normal school routine. The wearing of arm bands in Des Moines, Fortas said, was a symbolic act "closely akin to pure speech" -and it did not provoke any major...