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Charging that the court sometimes seems "to equate the judge with the lawgiver," Meese argued that although high-court decisions made "constitutional law," they were not synonymous with the Constitution itself. Neither were they even the last word on the meaning of its provisions. Each of the three branches of government, he said, "has a duty to interpret the Constitution in the performance of its official functions...

Author: /time Magazine | Title: Law: Supreme Or Not Supreme | 11/3/1986 | See Source »

...high-court shuffle was an unusually well-kept secret by Washington standards. Even within the marble temple of the Supreme Court, the Justices were not tipped off. Only 15 minutes before the President went on national television last Tuesday, the Chief Justice's clerks fanned out to other chambers bearing copies of Burger's resignation letter. The Justices and their staffs were then invited to the court's paneled conference room, where a pair of TVs had been set up. Only when the President appeared on the air with Rehnquist and Scalia standing beside him did the brethren learn...

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

...first a tight little screening committee of Regan, Meese and White House Counsel Peter Wallison considered recommending Justice Sandra Day O'Connor as the new chief. She was Reagan's sole high-court appointee, and to name a woman as the nation's top judge would be a political masterstroke. But O'Connor, now in her fifth year on the court, was deemed too inexperienced. Reagan's aides may have also been disturbed because she seemed to show mild symptoms of the Earl Warren syndrome, lately developing a disconcerting streak of independence. In the last year or so, for instance...

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

Last week Rehnquist was the surprising author of a high-court decision recognizing that sexual harassment in the workplace is a violation of the civil rights laws. Rehnquist tried to strike a balance in the case, which involved a woman who said she had been harassed by sexual advances by her boss at a Washington bank. Writing for a unanimous majority, Rehnquist ruled that businesses could be held liable for sexual harassment but that they could defend themselves with such evidence as an employee's "provocative" dress or conduct...

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

...Pretoria, meanwhile, a high-court judge issued the conclusions of a government-ordered inquiry into the country's bloodiest confrontation in 25 years. Last March South African police opened fire on a highway procession of 4,000 blacks, killing 20. In a report to South Africa's Parliament, Justice Donald Kannemeyer accused the police of having fabricated portions of their account of the shooting outside the town of Uitenhage, near Port Elizabeth...

Author: /time Magazine | Title: South Africa Deadly Raid | 6/24/1985 | See Source »

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