Word: souters
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...opinions--six of them--totaling 48 pages. In places, they read like the midnight bull session of the world's smartest law students. But when Roberts warned that the decision would effectively seal battered women in their homes with the police locked outside, he sent Breyer and Justice David Souter to their keyboards to write yet more pages establishing the long settled fact that police are allowed to enter a home to stop domestic violence, with or without consent...
...people doing the picking cared more about a guaranteed result. The [Justice David] Souter experience shaped the George W. Bush experience. [Souter, selected by the senior Bush, turned out to be much more liberal than expected.] The conservative movement devoted enormous energy to electing George W. Bush President. And George W. Bush himself is a far more conservative President than his father. So this wasn't a question of pleasing the base. This White House is the base, and they wanted Justices who would reflect their views...
...Justice Sandra Day] O'Connor was sufficiently a wild card that the alliances could never be predicted with precision. Now, we're looking at very predictable results. But the Court never stays the same. I don't think [Justice John Paul] Stevens, [Justice Ruth Bader] Ginsburg and [Justice David] Souter will be around for more than another few years...
...harsh criticism of the tribunal system, Colin Powell's call for the closing of Guantanamo and the refusal of two military judges to proceed with tribunal hearings may be enough for the justices to grant detainees habeas this time. Third, at least five justices - John Paul Stevens, David Souter, Ruth Bader Ginsberg, Steven Breyer and, believe it or not, Anthony Kennedy - have suggested in past opinions that they won't deny detainees access to the courts...
...Justice Stephen Breyer led Justices John Paul Stevens, David Souter and Ruth Bader Ginsburg in dissent, arguing that the districts' use of race served their powerful interest in making sure that students reaped the benefits of learning in racially diverse classrooms. And what about Brown v. Board of Education, Breyer asked incredulously? The 1954 school-desegregation landmark promised "true racial equality," he wrote, and today's plurality decision "would break that promise...