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...A.C.L.U., saw the emergence of an outspoken bloc of four conservative Justices, just one vote shy of a majority, who are openly intent on challenging long-established views on the separation between church and state. The creche dissent in the Allegheny decision brought together Justices Anthony Kennedy, Antonin Scalia, Byron White and Chief Justice William Rehnquist, all of whom favor a sweeping reinterpretation of what the Bill of Rights means by forbidding government "establishment of religion...

Author: /time Magazine | Title: Law: Is The Court Hostile to Religion? | 7/17/1989 | See Source »

...opinion, a conservative plurality of three members, joined in part by Reagan appointees Antonin Scalia and Sandra Day O'Connor, suggested that as early as next year the court may overturn Roe v. Wade, the landmark 1973 ruling that established the right to terminate a pregnancy. A Missouri law banning the use of state facilities and prohibiting state employees from performing abortions was upheld on the ground that it "leaves a pregnant woman with the same choices as if the State had chosen not to operate any public hospitals at all." Another provision, requiring physicians to perform tests to determine...

Author: /time Magazine | Title: The Battle over Abortion | 7/17/1989 | See Source »

...opinion, attacked the majority in Webster for cowardice, deception, disingenuousness and brute force. The ruling, he bristled, invites the states to pass restrictive laws % and "is filled with winks, and nods, and knowing glances to those who would do away with Roe explicitly." No less angry, Justice Scalia wrote that Justice O'Connor's reasons for refusing to reconsider Roe "cannot be taken seriously...

Author: /time Magazine | Title: The Battle over Abortion | 7/17/1989 | See Source »

...would have imagined that Ronald Reagan and Anthony Scalia would do for the Woman's Movement what the National Organization for Woman could never do? The Supreme Court decision in Webster v. Reproductive Health Services, which gave states more latitude in implementing abortion restrictions, has finally given gender politics a much needed shove...

Author: By Juliette N. Kayyem, | Title: A Silver Lining to 'Webster' | 7/14/1989 | See Source »

...Stanford was 17 in 1981 when he held up a gas station, then sodomized a female attendant and shot her in the head at point-blank range. At 16 Wilkins repeatedly stabbed a woman owner of a convenience store in the neck and chest during a 1985 robbery. Justice Scalia emphasized that the constitutionality of sentencing 16- and 17- year-olds to death depends on the "evolving standards of decency that mark the progress of a maturing society." Applying that standard with chilly mathematical precision, Scalia calculated that of the 37 states now permitting capital punishment, only twelve prohibit...

Author: /time Magazine | Title: Law: Bad News for Death Row | 7/10/1989 | See Source »

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