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...next 20 years," says Kelly Shackelford, chief counsel for the conservative Liberty Legal Institute. Shackelford likes long-serving federal-district-court judges such as Emilio Garza of San Antonio, Texas, who has suggested he would overturn abortion rights, or Edith Jones of New Orleans, who has criticized Roe v. Wade. Plus, Shackelford says, because Garza would be the first Hispanic on the court, it would be tricky for Democrats to go after...

Author: /time Magazine | Title: The Tipping Point? | 7/3/2005 | See Source »

Abortion has been another key part of O'Connor's legacy--and another way to understand her careful navigation as an interpreter of the Constitution. In an important 1983 test of the limits of Roe v. Wade, for example, she voted to support an Ohio law requiring a 24-hour waiting period for women who want to have abortions. In her minority opinion, she pleased conservatives by writing that Roe as written was on shaky ground. But she didn't say it should be overturned. In a 1989 case she explicitly rejected an attempt to overturn Roe, but said restrictions...

Author: /time Magazine | Title: The Power Broker | 7/3/2005 | See Source »

...government are necessary and critical, and often argues that the law's primary role is to protect "the liberties of the people" from the unchecked powers of any of the three branches. Scalia favors a very strict reading of the Constitution and has attempted repeatedly to strike down Roe v. Wade, saying that abortion is a political issue that should not be decided by the court. Scalia is often seconded by Clarence Thomas...

Author: /time Magazine | Title: Meet the Court | 7/1/2005 | See Source »

...Appointed by George Bush in 1991, Thomas replaced Thurgood Marshall in the closest confirmation vote in over a century (52-48). Since then, Thomas has earned a reputation as a conservative, in part for his very narrow reading of individual rights under the Constitution. He opposes affirmative action and Roe v. Wade, supports limited power for the Supreme Court and opposes the view that the Constitution is designed "to address all of the ills in our society." Thomas sides most often with Justice Scalia, concurring with the more senior judge almost 90 percent of the time...

Author: /time Magazine | Title: Meet the Court | 7/1/2005 | See Source »

...Republican president, O'Connor did not always hold the conservative line in Supreme Court decisions. She had a reputation of approaching each decision on a case-by-case basis, rather than through a sweeping judicial philosophy (see "Establishing Her Independence", 1986). She was the critical swing vote in upholding Roe v. Wade in the 1992 Planned Parenthood v. Casey decision, but voted to end the presidential ballot recount in 2000's Bush v. Gore...

Author: /time Magazine | Title: Sandra Day O'Connor to Retire | 7/1/2005 | See Source »

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