Word: lawfulness
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Dates: during 1970-1979
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...right to attend any criminal proceedings. A trial court, Rehnquist added, "is not required by the Sixth Amendment to advance any reason whatsoever for declining to open a pretrial hearing to the public." He specifically rejected the notion that the First Amendment is "some kind of constitutional 'sunshine law...
...Weber decision in June, which held that employers could give job preference to blacks to remedy "manifest racial imbalance" in the work force, the busing cases signal the court's strong support for affirmative action. For blacks, at least, the message is clear. Says Georgetown University Law Center Professor Dennis Hutchinson: "With the Warren Court you could say, 'Blacks win.' Now you can begin to say of the Burger Court, 'Blacks...
Abortion. The court also stuck to its pro-abortion stand with a decision last week that struck down a Massachusetts law requiring minors to get parental consent. But the decision stopped short of giving minors an absolute right to an abortion, and left the precise boundaries of minors' rights still unsettled...
Crime. If the Burger Court had been the law-and-order court Nixon hoped it would be, it would have overturned earlier decisions giving broad effect to the Fourth Amendment prohibition against "unreasonable searches and seizures." But this year the court upheld Fourth Amendment claims more often than not. In Arkansas vs. Sanders, for instance, the court ruled that police with probable cause needed a warrant to search a suitcase found in a car. In Delaware vs. Prouse, the court struck down random police checks of drivers' licenses and car registrations. On the other hand, it found no Fourth...
...court's uncertain course depends largely on how five moderate Justices-Potter Stewart, John Paul Stevens, Byron White, Blackmun and Powell -cast their votes. They are known as the "fluid five" or the "floating center." Explains University of Chicago Law Professor Geoffrey Stone: "The Justices in the middle are not 'principle' Justices, which is not to say they are unprincipled -just unpredictable." The only real ideologues on the high bench are Rehnquist on the right and William Brennan and Thurgood Marshall on the left. Brennan, often a dissenter in the past, found himself in the majority...