Word: reargument
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...reargument is ordered, the court also could agree to review up to three other abortion disputes pending before the justices. That would be read by some as a tip-off the court was on the verge of a sweeping ruling. The three cases--from Illinois, Ohio and Minnesota--all involve state regulations making abortions harder...
...resoundingly rejected last year in large part because the Senate feared Bork would push the Justices into overturning landmark decisions on civil rights. All the more reason for the uproar last April, when Justice Anthony Kennedy, who filled the vacant seat, joined a 5-to-4 court majority inviting reargument of a 1976 decision that allowed citizens to sue private institutions for damages resulting from racial discrimination...
Though normally the first order of business in the fall, nine of those cases have not even been set yet for reargument...
...majority that had declared the differing and "arbitrary" applications of capital punishment to be unconstitutional; the current case was to test a new scheme for mandatory imposition of the death sentence. Last week the Justices decided to postpone any decision and hold the case over for reargument next fall. As usual, no reason was given. But sources state that Douglas' vote was a key one. (Some Justices also thought the specific case too technically flawed to serve as the basis of a major ruling...
...failure to decide the abortion cases argued earlier this term, before Rehnquist and Powell were seated. The preliminary vote was reported to be 5-2 in favor of declaring anti-abortion statutes unconstitutional. However, Rehnquist and Powell apparently voted with the dissenters to hold the case over for reargument next term, and Marshall, who had already written a draft of the majority opinion, joined them because he thought it unwise to end abortion prohibitions on the same day the death penalty was thrown...