Word: thurgood
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Dates: during 1970-1979
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...Finally we had to say, 'Hey, lady, it's just a story.' " Just a story? Tell that to Supreme Court Justice Thurgood Marshall, who slips away from deliberations to ponder Days of Our Lives; to Sammy Davis Jr., who is such a fan of Love of Life that he made a guest appearance on it; to former Texas Governor John Connally or Andy Warhol, who are among the 10 million followers of As the World Turns, or to Novelist Dan Wakefield, who often bursts into tears at 12:30 when the plangent music of All My Children wells...
Douglas professed no favorite. "That's none of my business," he told reporters the day after his retirement. But he is obviously concerned. Douglas' departure leaves only William Brennan and Thurgood Marshall from the activist Warren Court majority. The four Nixon nominees have not proved to be as unified as many observers had anticipated; in fact, they have done little to reverse the work of the Warren Court except in the area of criminal law. But whoever he-or she-is, Ford's nominee is almost certain to tip the balance of the court even further away...
...bloc that promised to move the court away from Warren-era liberalism. But Powell has at times made the foursome a threesome; and with Blackmun more of a question mark, Burger and Rehnquist are now the most certain votes on the right. The liberals-William Douglas, William Brennan and Thurgood Marshall-remain in general agreement. And, to be sure, they are still often in the minority. The Wall Street Journal, for instance, has detected a majority trend toward favoring business, partly because of a desire to cut the glut of cases challenging all manner of commercial activity...
...encouragement of private action to implement public policy has been viewed as desirable in a variety of circumstances." But, he concluded, Congress has not "extended any roving authority to the Judiciary to allow counsel fees ... whenever the courts might deem them warranted." Siding with William Brennan in disagreement, Thurgood Marshall cited a number of "judge-made exceptions" to the American rule and argued that courts therefore had adequate power to award fees when important rights were being protected. Marshall would impose restrictions on power, including a stipulation that the winners of public interest cases would not get fee awards...
...courts. But may that attack continue into federal courts via a habeas corpus petition? In a heroin possession case, a four-man minority argued that "the great writ was not designed as a means of freeing persons who have voluntarily confessed guilt." Justices Potter Stewart, William Brennan, William Douglas, Thurgood Marshall and Harry Blackmun endorsed the procedure as a practical way of permitting "the constitutional issues [to] be litigated without the necessity of going through ... a trial." The result may be more guilty pleas -meaning fewer trials for state courts -but perhaps also more habeas petitions and thus a heavier...