Word: scalias
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Dates: during 2000-2009
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Especially after Antonin Scalia and Clarence Thomas joined the court, giving him two firm allies, Rehnquist spearheaded a determined effort to stem--and roll back--the liberal advances made by the Warren and Burger courts. In many ways it worked. Affirmative action is more difficult to implement now. The barrier between church and state is more porous. Convicted criminals have a much harder time getting multiple appeals heard in federal courts. But Rehnquist's most enduring legacy is in the less visible but crucial area of federalism--the balance of powers between Washington and the states. The Rehnquist court...
...clear ... that the court has taken sides in the culture war," Justice Antonin Scalia wrote last week in his abrasive dissent from the Supreme Court's decision to decriminalize homosexuality. Excuse me, but what culture war? Yes, yes, I know that the extremists of the left and right have been bleating about the moral depredations of their opponents for decades (and raising lots of money off those differences). And, yes, I would guess that 72.3% of all yelling that takes place on political talk shows is focused upon "cultural" issues like homosexuality, affirmative action and abortion. But that is show...
...court legitimized and endorsed a cultural consensus," says Paul Gewirtz, a professor of constitutional law at Yale University. That consensus walks a socially sensible but legally clumsy line between tolerance and outright acceptance. Scalia noted that many Americans might not be comfortable with an openly gay business partner, scoutmaster, schoolteacher or boarder. True enough, but most people would also say that what Tyron Garner and John G. Lawrence did in the privacy of their Texas bedroom is none of our business. The court's affirmative-action decision was just as pragmatic. Most Americans disapprove of specific, codified racial preferences, like...
...Court know that when the Harvard plan was originally adopted, its purpose was to achieve diversity by reducing the number of Jewish students from New York that were getting into Harvard on the basis of merit alone?” Scalia asked...
...Scalia was referring to evidence that in the early 20th century, Harvard used a quota system to restrict the admission of Jewish students, according to Climenko Professor of Law Charles J. Ogletree, who attended the oral arguments. But Ogletree said in April that Scalia’s comment had little relevance to arguments today...