Word: opinionating
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Dates: during 1980-1989
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...possible Republican nominees, none has received even 5 percent of voter support in any opinion poll...
...Justice Byron White, a Kennedy appointee, can often be counted on as a conservative vote, especially on criminal-rights cases. A careful balancer, Justice Lewis Powell is a pragmatic statesman who tries to find a middle way for the court on controversial cases. It was Powell, for instance, whose opinion striking down explicit quotas but permitting race to be a "factor" in university admissions achieved the court's Solomonic compromise in the famed 1978 affirmativeaction case Regents of the University of California vs. Bakke. Justice John Paul Stevens is a thoroughly unpredictable maverick, and Justice Harry Blackmun, once derided...
Some court watchers think they see a recent willingness in Rehnquist to be more accommodating. This spring he joined the court's majority in Wygant vs. Jackson Board of Education to strike down racial quotas in laying off schoolteachers, even though the language of the opinion included a guarded endorsement of affirmative action...
Race. Burger has a mixed record on racial-discrimination cases. He has voted both for and against affirmative action and busing, depending on the circumstances. Significantly, however, he wrote the majority opinion in Fullilove vs. Klutznick, a 1979 case explicitly upholding the use of quotas to set aside 10% of federal contracts for minority-owned businesses under a public-works act passed by Congress. Supreme Court Expert Bruce Fein of the American Enterprise Institute suggests that Scalia would not "cotton to" such a decision and predicts a "move to a more color-blind jurisprudence." In a 1979 article...
Some of his recent decisions at the Court of Appeals highlight his distaste for what he calls the "imperial judiciary" and his abiding belief in Executive over Legislative power. Scalia was the probable author of the unsigned opinion striking down a key provision of the Gramm-Rudman-Hollings budget-balancing law on the ground that the Comptroller General, responsible for implementing its trigger mechanism, is not under the executive branch of Government. An unwavering apostle of judicial restraint, he may give pause to conservatives seeking a more activist judicial agenda. As he wrote last year: conservatives "must decide whether they...