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...groups determined to make sure he does not offer up another Republican nominee--like David Souter, Anthony Kennedy or for that matter O'Connor--whose votes are not consistently conservative. They want to hold Bush to his campaign promise to appoint a new Justice in the mold of Antonin Scalia and Clarence Thomas, the anchors of the court's right wing. In his choices for the lower federal courts, Bush has proved himself willing and determined to fill those benches with conservatives...

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

...things had changed and voted with the majority to end it. It was just the kind of switch that made the court's more doctrinaire conservatives nuts: "Seldom has an opinion of this court rested so obviously upon nothing but the personal views of its members," Associate Justice Antonin Scalia sniffed in a dissent. This year, though, O'Connor didn't join the majority of the court in putting an end to the death penalty for juveniles, again citing the national consensus rationale...

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

Ever since the court in 2003 struck down a Texas statute that criminalized same-sex sodomy, social conservatives have echoed Justice Antonin Scalia's lament that the court "has largely signed on to the so-called homosexual agenda." But in the same decision, the court stressed that a right to same-sex privacy did not necessarily translate to a right to same-sex marriage. For now, the gay-marriage debate is being played out in the states, but before long the 1996 federal Defense of Marriage Act, which lets states refuse to recognize other states' same-sex marriages, could make...

Author: /time Magazine | Title: What's at Stake in The Fight | 7/3/2005 | See Source »

...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 »

...Challenge", 2003) and federal appeals Judges J. Michael Luttig and John G. Roberts. Gonzales, who would be the first Hispanic justice on the court, is seen as the most moderate of the bunch and could face opposition from within Bush's party. Luttig is a conservative similar to Antonin Scalia or Clarence Thomas, and has been a strong proponent of federalism. Roberts served in the Justice Departments of both Reagan and George H.W. Bush...

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

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