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However, Johnson’s forceful decision did not fare as well. Realizing that the higher courts would overturn the ruling anyway, Koh agreed to have the opinion vacated as precedent. That didn’t affect the status of the refugees, who had already been admitted to the U.S.—but it did mean the ruling wouldn’t be binding for similar cases in the future. In exchange, the Justice Department offered to offset part of the university’s legal fees. As a former presidential adviser told Goldstein, the administration wanted...

Author: By David Zhou, CRIMSON STAFF WRITER | Title: A Gitmo Vacation? A Precedent Scrapped | 12/2/2005 | See Source »

...spate of anti-Alito commercials, the fastest it has ever started a campaign after the selection of a new nominee. It expects to spend, along with its allies, several million dollars painting Alito as a right-wing judicial activist who will continue to chip away at or perhaps even overturn the right to an abortion; roll back civil rights and liberties, especially in the realms of race and gender discrimination and crime and punishment; and permit religion to encroach into the secular arena. In a moment of surprising candor, Alito provided new fodder for his critics last week, telling Senators...

Author: /time Magazine | Title: How Alito Looks Under the Lens | 11/6/2005 | See Source »

...Bush’s efforts to lower the bar with her nomination should not invite praise for Alito for being something more than a tail-wagging Bush crony.Alito is the wrong man for the job because he is a conservative ideologue. We fear that, given the chance, he would overturn basic legal protections and reshape the scope of the U.S. government. Several of Alito’s past opinions lead us to this conclusion.The most incendiary—although not most extreme—example of Alito’s radicalism is his dissent in the 1991 abortion rights case...

Author: By The Crimson Staff, | Title: Alito Must Go | 11/4/2005 | See Source »

...high court will deliver its opinion on a pair of federal appeals-court decisions supporting the practice. Last spring Ninth Circuit Judge Stephen Reinhardt wrote a fire-breathing opinion to overturn Washington's assisted-suicide ban on behalf of three plaintiffs who had already died naturally. Choosing a dignified death, Reinhardt asserted, was a constitutional right under the 14th Amendment's due-process protection of personal liberties and the principle of privacy defined in the court's abortion rulings: "A competent, terminally ill adult" should not be forced to endure "a childlike state of helplessness, diapered, sedated, incompetent...

Author: /time Magazine | Title: IS THERE A RIGHT TO DIE? | 10/20/2005 | See Source »

...sudden about-face? Roche probably had no choice. Most countries, including the U.S., have in their laws a provision that permits their governments to overturn patents in exceptional circumstances. "If Roche plays hardball," says Redpath, "governments could just say, 'we're going to overturn the patent. This is a national emergency.'" Such moves would not be unprecedented. After anthrax mailings following the Sept. 11 terrorist attacks stoked biosecurity concerns, the Canadian and the U.S. government told the German drug firm Bayer that if it did not ramp up production and sell its anti-infective Cipro at a reasonable cost, they...

Author: /time Magazine | Title: Why Roche Released Tamiflu | 10/19/2005 | See Source »

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