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...Reagan wins reelection, much depends on what kind of conservative he chooses for the bench. A judicial conservative, believing in restraint, might not like the abortion decision, but he would regard it as binding precedent. A political conservative worries more about results than the judicial process and might not hesitate to disregard the findings of his predecessors. On Reagan's list of appointees, both types of conservatives can be found (see following story). If Reagan picks ideologues, says N.Y.U.'s Reiss, "God knows what could happen. They could overrule anything they didn't like. They could rewrite...

Author: /time Magazine | Title: Court at the Crossroads | 10/8/1984 | See Source »

Strong-willed jurists, pent up together for decades, inevitably feud. Earlier courts were riven by fierce ego and philosophical clashes, like the long-running one between William Douglas, an unabashed activist, and Felix Frankfurter, apostle of "judicial restraint." By comparison, the Burger Court is a pretty tame place. "This court is not characterized by the struggle of titans," says Virginia's Howard. The current Justices are perfectly civil to one another...

Author: /time Magazine | Title: Court at the Crossroads | 10/8/1984 | See Source »

...legal circles, Bork, 57, is well known for his preachments on judicial restraint. He believes that judges should not aggrandize their power by second-guessing other branches of Government. As Solicitor General he opposed court-ordered busing to integrate schools. As a Yale Law School professor, he often accused the federal Judiciary of reading individual rights into the Constitution that were neither explicit nor implied...

Author: /time Magazine | Title: Next in Line for the Nine | 10/8/1984 | See Source »

Another Reagan appointee to the D.C. Circuit, Antonin Scalia, 48, would also be on the President's short list of prospective Supreme Court Justices. Like Bork, he is an articulate apostle of judicial restraint. For example, when the appeals court last year ordered the Food and Drug Administration to examine evidence that drugs used to execute prisoners by "lethal injection" can cause torturous death, Scalia dissented, calling the decision "a clear intrusion upon the powers that belong to Congress, the Executive Branch and to the states." A Roman Catholic, Scalia is personally opposed to abortion. Both Scalia, who taught...

Author: /time Magazine | Title: Next in Line for the Nine | 10/8/1984 | See Source »

Before the end of his second term, F.D.R. was able to fill five vacancies on the court. By the time he died in 1945 he had appointed eight Supreme Court Justices, more than any other President since George Washington. F.D.R. wanted Justices who would show judicial restraint, who would defer to the authority of the Federal Government. The men he chose did show restraint, but only on economic matters. Two of his appointees, Hugo Black and William O. Douglas, went on to lead a revolution in individual rights that culminated in the activist Warren Court era of the 1960s...

Author: /time Magazine | Title: F.D.R.'s Scheme | 10/8/1984 | See Source »

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