Word: souters
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Though all three co-authors of the majority decision were appointed either by Ronald Reagan (Anthony Kennedy and Sandra Day O'Connor) or by George Bush (David Souter), their decision proved that presidential efforts to give the high court a particular ideological tilt can be a very inexact science. In the past 12 years, Reagan and Bush sent five Justices to the Supreme Court, enough for a majority, and all were expected to vote against...
...lipped precincts of the Supreme Court, it was being played in earnest last week in an attempt to figure out one of the court's most unexpected rulings in years. Someone cobbled together a Roe-friendly majority that included three conservatives -- Anthony Kennedy, Sandra Day O'Connor and David Souter...
...Kennedy? Conservatives point darkly in the direction of those clerks, the young lawyers selected by the Justices each term to assist in researching and writing the court's opinions. Kennedy and Souter both have clerks who were once students and proteges of Laurence Tribe, the Harvard law professor who is public enemy No. 1 to legal conservatives. Peter Rubin, a Souter clerk, helped research Tribe's strongly pro-choice 1990 book, Abortion: The Clash of Absolutes. Michael C. Dorf, who clerked for Kennedy, is co-author with Tribe of a new book, On Reading the Constitution...
...believed that Kennedy would join him, Scalia, Clarence Thomas and Byron White to produce a majority decision repudiating Roe. But while Rehnquist was writing what he thought would be a majority opinion along those lines, Kennedy was persuaded to switch by his clerk Dorf, perhaps with the collusion of Souter's clerk Rubin...
...quartet of decisions that showed a distinct pro-First Amendment, pro-civil liberties streak that surprised many observers. What was clear was that Antonin Scalia and Thomas, the right wing of the court, were far from controlling the agenda. Instead, a group of Justices -- Sandra Day O'Connor, David Souter and Anthony Kennedy -- combined to demonstrate the existence of a new centrist core. "These cases may indicate the emergence of a stronger, more open-minded group in the middle" than might have been expected, said Vincent Blasi, a liberal law professor at Columbia. "It's easy to take potshots from...