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...praised Justice Anthony Kennedy's 5-4 decision allowing enemy combatants to challenge their detentions in federal courts, a rebuke to the Bush Administration's policies toward Guantánamo detainees. Obama's only major quarrel with the court was the 5-4 decision banning the execution of people who rape children: he said he has long believed that "the most egregious of crimes" deserve the death penalty. When a leading Democrat is criticizing the Supreme Court for not being conservative enough, it's time for liberals to breathe a sigh of relief...

Author: /time Magazine | Title: The Supreme Court's Group Hug | 7/3/2008 | See Source »

...Catholics on social issues, a courtship that culminated in George W. Bush's victory in 2004. The TIME poll confirmed that a majority of Catholics (59%) can be broadly defined as pro-life (opposing abortion except to protect a woman's life or health or in cases of rape or incest). But these pro-life Catholics are actually split into two voting camps...

Author: /time Magazine | Title: The Battle for Catholic Voters | 7/2/2008 | See Source »

...bipartisan compromise worked out this week on so-called FISA legislation that allows the Bush Administration to continue its wiretapping program. Obama was also conspicuously centrist, even conservative, in his reaction to two major Supreme Court rulings this week - the first disallowing the death penalty in cases of child rape, and the second affirming that the Second Amendment guarantees individuals the right to own guns for self-defense. Obama criticized the first decision, saying he supports the death penalty for such a heinous crime; his response to the gun ruling was muddled, but it made clear that he supports...

Author: /time Magazine | Title: The Week in Politics | 6/28/2008 | See Source »

...Supreme Court ended its 2007-2008 term by handing down a flurry of big decisions the last few days, most notably granting a constitutional protection for individuals to own guns (District of Columbia v. Heller) and banning the death penalty as punishment for the rape of a child (Kennedy v. Louisiana). These two particular cases resulted in closely contested 5-4 decisions, with justices falling lockstep into the predictable conservative and liberal factions and Justice Anthony Kennedy playing his expected role as the swing vote. But ideological blocs such as these have been a much rarer occurrence this season, belying...

Author: /time Magazine | Title: When the Supremes Get Along | 6/27/2008 | See Source »

...which many believe was the most significant decision legally this term because the court declared the unconstitutionality of President Bush and Congress' scheme for handling Guantanamo Bay prisoners during a time of heightened national security concerns. ("It was a reasonably big slam," says Epstein.) Kennedy also authored the child rape case banning the death penalty as punishment, another pivotal decision. And he continually formed part of the majority in the other high-profile cases: voter ID, the lethal injection decision, Exxon and the child pornography ruling. By contrast, several prominent decisions this year did not go Roberts' way, most notably...

Author: /time Magazine | Title: When the Supremes Get Along | 6/27/2008 | See Source »

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