Word: upheld
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Dates: during 1980-1989
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...Griswold contraception ruling, and that Bork has frequently disparaged, restrains government intrusion in matters bearing upon marriage, sexual activity and family life. In addition to providing a rationale for the court's pro-abortion decision, privacy has been invoked in arguments favoring gay rights. In a 1984 ruling that upheld the Navy's discharge of a petty officer for homosexual conduct, Bork aired the view that whatever the Supreme Court may have meant by privacy, it did not cover homosexual relations. Last year, a 5-to-4 court majority joined by Justice Powell also rejected the idea of a constitutional...
...plaintiffs to bring their cases before the court. Accordingly, he voted to dismiss suits brought by veterans, the homeless, the handicapped and consumer groups. Opponents point out that he has rarely ruled this way against business plaintiffs. In one widely noted case, he also dissented when his colleagues upheld the right of a bipartisan group of Senators and Representatives to bring suit in opposition to President Reagan's use of a pocket veto. Bork went so far there as to assert that courts should "renounce outright the whole notion of congressional standing...
...Bork the scholar might be tempered by the tradition of stare decisis (standing by what has been decided), the judicial practice of reaching decisions that accord with earlier rulings. He disagrees, for instance, with the "commerce clause" decisions of the New Deal court -- a series of rulings that upheld the power of the Federal Government to regulate business in many fields. But he maintains that he would not seek to overturn them because they form the basis for many subsequent court decisions and administrative practices. Would he likewise defer to other ! past rulings, notably the abortion decision? Bork declines...
...heart disease and cancer at age 64, after smoking Pall Malls for 54 years. Before the case could get under way, a U.S. district judge ruled on a pretrial motion that American Brands could argue that it is not liable under state consumer laws. On appeal, the Atlanta court upheld that ruling...
...years. Of the 41 cases decided by a 5-to-4 vote in the term just concluded, Powell was in the majority no fewer than 33 times. Over the years his votes were steadily pro-business, and he tended to side with the conservatives in criminal-law cases. He upheld the right of states to impose the death penalty, but otherwise followed no identifiable ideological line. At his farewell press conference, he declined even to describe himself as a moderate. Said Powell: "I don't characterize myself in any way . . . I decide each case on the basis of the facts...