Word: upholding
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Whoever is elected, the future direction of the court cannot be predicted with certainty. Justices have been known to rudely surprise the President who appointed them. Theodore Roosevelt, for example, expected Oliver Wendell Holmes to uphold his trust-busting legislation. When Holmes disappointed him, Roosevelt exclaimed, "I could carve out of a banana a judge with more backbone than that!" Dwight Eisenhower had no reason to think that Warren and Brennan would turn out to be flaming liberals; Ike later regretted Warren's appointment as his worst mistake. "People change on the court," says Dennis Hutchinson of the University...
...year allowed Pawtucket, R.I., to use public funds to erect a nativity scene as part of a downtown Christmas display. The court has upheld laws that have a "secular purpose," like promoting education, but advance religion as a side effect. Many court watchers expect the Justices this term to uphold a "time-sharing" program in Grand Rapids that sends public-school teachers into parochial schools for remedial programs...
Legal experts wonder, however, how the First Amendment will fare when pitted against national-security concerns. In recent years the court has been deferential to Government claims, citing national security last term to uphold a Government ban on travel to Cuba. Liberals fear that in time of political crisis, when freedom of speech and other constitutional safeguards are most needed, the court will not stand firm. "The McCarthy era would be nothing compared with what we could see," warns First Amendment Lawyer Abrams. The prospect of Reagan appointees is not reassuring on this score. The President has said that...
...switch in time saved nine." Quite possibly influenced by F.D.R.'s election mandate, Justice Owen Roberts changed sides and cast the swing vote to uphold important New Deal acts, including the National Labor Relations Act and a bill establishing Social Security old-age benefits. Another Justice, Willis Van Devanter, one of the conservative "Four Horsemen" who had been most ; resolutely opposed to F.D.R.'s pro" gram, announced his retirement. The New Deal was saved. The court-packing plan died in Congress...
...people as they traveled the world. But they are hazards that are utterly absent from the American landscape. The reason is the principle of separation. In all other countries, there was a state religion. Here, there is none. This explains the unanimity and the fervor with which we uphold this principle, and wish to maintain it inviolate. Anything that attacks it may in itself not seem like a great matter−What's a crêche paid for with public funds? one might ask. But add them all together, and you begin to see the erosion...