Word: harlan
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...young Manhattan lawyer, John Marshall Harlan advised a colleague elated over disproving 21 of 23 assertions made by an opposition claimant to forgo celebration. It would be better, said Harlan, to nail down the discrepancies in the remaining two points. The thoroughness of the lawyer became the hallmark of the Supreme Court Justice. Harlan's death of spinal cancer last week at age 72, following his retirement in September, ended a 16-year career as one of the most notable professional craftsmen ever to serve on the Supreme Court...
Like the grandfather for whom he was named, Harlan was a dissenter, a conservative dedicated to the doctrine of judicial restraint during the Warren Court era of judicial activism...
Nominated to the court by President Eisenhower in 1954, he followed the philosophy of his mentor, Felix Frankfurter, in arguing for a limited judicial role in political and social issues, and the strict separation of state and federal responsibilities. When Frankfurter retired in 1962, Harlan and the late Hugo L. Black remained as the intellectual pillars of the court...
...dealing with women's rights, the Supreme Court has consistently reflected the prevailing spirit of the times. In 1873, for instance, one Justice wrote avuncularly of "the natural and proper timidity and delicacy which belongs to the female sex." As late as 1961, Justice John Harlan held that "woman is still regarded as the center of home and family life," and therefore has "her own special responsibilities." But the climate has changed, and last week the court unanimously held, for the first time in its history, that a law was unconstitutional because of discrimination based...
...continuing America must "subordinate the safety of society to the rights of persons accused of crime." Why? "It is better 10 guilty persons go free than to hang one innocent man." A repressive society does not truly believe this tenet of our American jurisprudence. Holmes, Marshall, Brandeis, Black, Harlan and Warren did, as do millions and millions of thinking Americans...