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...appeals judge, Scalia has been almost gratuitously antipress. He dissented from an opinion by his rival for the high court, Judge Bork, that threw out a suit by Bertell Ollman, a New York University professor who had been vilified as a Marxist by Columnists Rowland Evans and Robert Novak. Bork held that the column was merely opinion and thus protected speech; Scalia argued that it was "a coolly crafted libel." In his 100-page dissent, Scalia wondered why columnists, "even with full knowledge of the falsity or recklessness of what they say, should be able to destroy private reputations...

Author: /time Magazine | Title: Reagan's Mr. Right | 6/30/1986 | See Source »

...could be found on both sides of the separation between church and state. In 1984 he wrote the decision permitting Pawtucket, R.I., to erect a creche as part of its Christmas display but struck down a Connecticut law giving workers the right to a day off on their Sabbath. Scalia is expected to agree with Rehnquist's view that there is no "wall" between church and state...

Author: /time Magazine | Title: Reagan's Mr. Right | 6/30/1986 | See Source »

...some areas, Burger and Scalia are close. Burger has been a foe of elaborate procedural safeguards for the criminally accused, and so has Scalia. But in many areas of the law, the effect of last week's appointments is simply unknowable. There is no doubt, however, that Reagan is hoping to provide Rehnquist with reinforcements. "The selection of Rehnquist is a selection for the future," contends Sheldon Goldman, professor of political science at the University of Massachusetts at Amherst. "The Reagan Administration is counting on being able to make another one or two appointments before the President's term ends...

Author: /time Magazine | Title: Reagan's Mr. Right | 6/30/1986 | See Source »

...both of the old liberals are in reasonably good health. Powell, 78, and Blackmun, 77, are said to be a bit weary, yet neither has given any indication that he is ready to retire. Some court watchers say the elderly Justices are afraid the next Reagan appointee will have Scalia's ideological bent without his judicial skills and acumen. Though A.E.I.'s Fein contends that the Justices should be reassured that the White House has so far picked jurists of quality, Harvard's Tribe argues the opposite. "More likely," he says, "they feel that having made a nomination of such...

Author: /time Magazine | Title: Reagan's Mr. Right | 6/30/1986 | See Source »

...their formidable intellect and persuasiveness as well as their personal charm, Rehnquist and Scalia stand at least a chance of making the court more cohesive and coherent. Their judicial...

Author: /time Magazine | Title: Reagan's Mr. Right | 6/30/1986 | See Source »

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