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 Harry Blackmun

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updated Thu. March 15, 2018

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Because in 1973 Justice Harry Blackmun located the right to abortion in the constitutional penumbra. Why the current emphasis on religious liberty? Because the 2015 Obergefell v. Hodges decision legalizing same-sex marriage has raised fears of coercion." This is a curiously reductive way of describing a ...
Freeman, in which Justice Harry Blackmun, in the majority opinion, found that states had a right to establish a "restricted zone around polling places" if "necessary to serve the interest in protecting the right to vote freely and effectively." Cilek's case reached the 8th U.S. Court of Appeals based in St. Louis, ...
The majority decision, by a vote of 8-1, was written by Sandra Day O'Connor, then a neophyte justice appointed by President Ronald Reagan, and joined by seven colleagues, including the so-called Minnesota Twins, Chief Justice Warren Burger and Harry Blackmun. O'Connor's ruling condemned the tax ...
Justice Harry Blackmun wrote that the burden the law imposed on free speech was justified by the compelling interest of preventing voter intimidation and election fraud. The court could strike down Minnesota's broad law without disturbing that decision. We believe, though, that the court should go further.

... best known for his scholarly and authoritative "Commentaries on the Constitution of the United States" and his presiding role at the Amistad trial (portrayed memorably in the Steven Spielberg film "Amistad," in which Justice Story's character was played by retired Supreme Court Justice Harry Blackmun), ...
The book quotes the former US Supreme Court judge Harry Blackmun, who said: "In order to treat some persons equally, we must treat them differently", and also instructs judges to consider decisions made by Islamic Sharia tribunals in family cases, despite the discrimination faced by many women in ...
The project's initial focus is on more than 12,000 pages of notes taken by Justices Harry Blackmun and William Brennan Jr. in cases that were ruled on between 1959 and 1994, the National Law Journal reported. "Help from the public is a crucial part of this project," research team co-leader Ryan Black, ...
Justice Harry Blackmun wrote that the burden the law imposed on free speech was justified by the compelling interest of preventing voter intimidation and election fraud. The court could strike down Minnesota's broad law without disturbing that decision. But maintaining what Justice Elena Kagan ...
Powell's concurring opinion, in which he was joined by the Minnesota twins (Chief Justice Warren Burger and Associate Justice Harry Blackmun) is in some ways the most interesting, because he lays out just about every argument against Abood before he concurs. Compelling dues payments is in most ...
And the resignation of Abe Fortas led to the appointment of Harry Blackmun, who became a prominent liberal but was initially aligned with his fellow Minnesotan Burger, the so-called "Minnesota Twins." One of the counsels for the Times, Floyd Abrams, said he was confident that he had the votes from four ...
And the resignation of Abe Fortas led to the appointment of Harry Blackmun, who became a prominent liberal but was initially aligned with his fellow Minnesotan Burger, the so-called "Minnesota Twins." One of the counsels for the Times, Floyd Abrams, said he was confident that he had the votes from four ...
The project's initial focus is on more than 12,000 pages of notes taken by Justices Harry Blackmun and William Brennan Jr. in cases that were ruled on between 1959 and 1994, the National Law Journal reported. "Help from the public is a crucial part of this project," research team co-leader Ryan Black, ...
I wonder what people in the future will think about the "heroes" of abortion; Margaret Sanger, Planned Parenthood; Justice Harry Blackmun, champion of Roe vs. Wade; and others. There are many who honor them and dishonor Confederates. Seems to be a lot of hypocrisy going around these days.
Justice Harry Blackmun, who delivered the majority opinion, said the court found that the sentencing procedure was unconstitutional and "created the risk that the death penalty would be imposed in spite of factors which may call for a less severe penalty." A federal appeals court also rejected the Nevada ...
But the American people should. The secrecy surrounding the U.S. death penalty regime, and states' penchant for experimenting with what Supreme Court Justice Harry Blackmun once famously called "the machinery of death," is a ghoulish farce masquerading as an enlightened alternative to a bullet or a ...

But the American people should. The secrecy surrounding the U.S. death penalty regime, and states' penchant for experimenting with what Supreme Court Justice Harry Blackmun once famously called "the machinery of death," is a ghoulish farce masquerading as an enlightened alternative to a bullet or a ...
In his dissent, Justice Harry Blackmun noted that the Times had "clandestinely devoted a period of three months to examining the 47 volumes that came into its unauthorized possession" before it made its decision to publish, precisely because there was no necessity of the moment. Even so, the case was ...
A woman wears religious paraphernalia as she attends a rally on the National Mall in Washington on Friday during the annual March for Life. Thousands of Anti-Abortion demonstrators gather in Washington for an annual march to protest the Supreme Court's landmark 1973 decision that declared a ...
Justice Harry Blackmun's landmark decision seized upon an existing social trend. According to a 2017 Gallup poll, 79 percent of Americans think abortion should be legal in some or all circumstances. A constitutional amendment against abortion -- favored by many social conservatives -- is a practical ...
The annual event, held since 1974 in Washington, protests the "Roe v. Wade" decision dismissing many restrictions on abortion across the U.S.. The Roe v. Wade decision was written in the majority by Supreme Court Justice Harry Blackmun and handed down on January 22, 1973. Sanders said Trump will ...
Justice Harry Blackmun, writing for the majority, acknowledged the tenuous nature of this determination, noting that if "personhood is established, the appellant's case, of course, collapses, for the fetus' right to life would then be guaranteed specifically by the [14th] Amendment." When Is a Human Being Not ...
The annual event, held in Washington, D.C., since 1974, protests the U.S. Supreme Court's decision on Roe v. Wade, which paved the way for unfettered abortion access across the United States. The decision was handed down in 1973 by then-Justice Harry Blackmun. Trump will deliver his message to ...
Writing for the majority, Justice Harry Blackmun said: "This right of privacy, whether it be founded in the Fourteenth Amendment's concept of personal liberty and restrictions upon state action, as we feel it is, or, as the District Court determined, in the Ninth Amendment's reservation of rights to the people, ...
Edward Lazarus, a former clerk to the late Justice Harry Blackmun -- the justice who authored Roe -- has stated, "Justice Blackmun's opinion provides essentially no reasoning in support of its holding. And in the … years since Roe's announcement, no one has produced a convincing defense of Roe on its ...
Harry Blackmun, Lewis Powell, David Souter, Sandra Day O'connor, John Paul Stevens, Anthony Kennedy (on gay rights issues, not on much else), Earl Warren and several others all moved from right to left. All were big disappointments to the presidents who appointed them, or to their advisors at least.
Collins in 1994, Justice Harry Blackmun declared, "From this day forward, I no longer shall tinker with the machinery of death." He was referring to all the constitutional rules of capital jurisprudence -- the Eighth Amendment principles requiring consistency and individualization of punishment, the intricate ...
She also helped draft the original employment Non-Discrimination Act. She's a former American Civil Liberties Union lawyer and once clerked for liberal Supreme Court Justice Harry Blackmun. Her record has made her a target of the far right. conservative activists objected to her initial nomination, and the ...
Perkins laid into what he called Feldblum's "impressive resume of radicalism," including stints at the pro-LGBTQ human rights Campaign and the American Civil Liberties Union, along with "a clerkship with U.S. Supreme Court Justice Harry Blackmun, who authored the Roe v. Wade decision.".
"We agree that the creche display has that unconstitutional effect, but reverse the Court of Appeals' judgment regarding the menorah display," said Justice Harry Blackmun. After Lynch and Allegheny, the Court has mostly stayed out of cases involving the holiday season. Scott Bomboy is the editor in chief of ...
During a 2007 lecture in Peru, Justice Scalia commented on Justice Harry Blackmun's changed convictions about the death penalty. "From this day forward," Blackmun famously wrote, "I no longer shall tinker with the machinery of death." Scalia responded that Blackmun was, "in my view, quite wrong.
Then, the court's three staunch liberals -- Justices William Brennan, Thurgood Marshall and Harry Blackmun -- dissented from the ruling in employment Division vs. Smith, calling Scalia's opinion a "wholesale overturning of settled law" for protecting religious freedom. The case before the court arose when ...
Many who plan to vote for Republican Roy Moore on Tuesday are making their decision based on a cost-benefit analysis. The cost: Electing a senator who will bring more unwanted attention to the state. Overriding the cost is the benefit: Electing a staunch foe of abortion who sees Roe v. Wade as a travesty ...
To allow this execution to continue will only perpetuate a state-sanctioned machinery of death - to use the language of former U.S. Supreme Court Justice Harry Blackmun - which churns with a rusty inexactitude and unconstitutional malevolence. As we have written before, the death penalty is Texas is ...
Justice Harry Blackmun wrote for four justices that streets and sidewalks within 100 feet of the location are a traditional public forum, and therefore the Supreme Court should apply a form of "strict scrutiny" to the statute. Under that demanding standard, the government generally must prove that its burden on ...
Blackmun falls silent for a moment when asked about the legacy of her late father, Supreme Court Justice Harry Blackmun, who is best known for writing the Roe v Wade decision. Years before the decision, there was a situation in Sally Blackmun's life that may have later influenced her father's opinion on ...
In the majority opinion, Justice Harry Blackmun referred to sentencing disparities among judges as "a serious impediment to an evenhanded and effective operation of the criminal justice system." The consequences of the court's ruling were considerable and have helped fuel sharp debates about issues ...
"We agree that the creche display has that unconstitutional effect, but reverse the Court of Appeals' judgment regarding the menorah display," said Justice Harry Blackmun. After Lynch and Allegheny, the Court has mostly stayed out of cases involving the holiday season. Scott Bomboy is the editor in chief of ...
Then, the court's three staunch liberals -- Justices William Brennan, Thurgood Marshall and Harry Blackmun -- dissented from the ruling in employment Division vs. Smith, calling Scalia's opinion a "wholesale overturning of settled law" for protecting religious freedom. The case before the court arose when ...
During a 2007 lecture in Peru, Justice Scalia commented on Justice Harry Blackmun's changed convictions about the death penalty. "From this day forward," Blackmun famously wrote, "I no longer shall tinker with the machinery of death." Scalia responded that Blackmun was, "in my view, quite wrong.
Many who plan to vote for Republican Roy Moore on Tuesday are making their decision based on a cost-benefit analysis. The cost: Electing a senator who will bring more unwanted attention to the state. Overriding the cost is the benefit: Electing a staunch foe of abortion who sees Roe v. Wade as a travesty ...
Many who plan to vote for Republican Roy Moore on Tuesday are making their decision based on a cost-benefit analysis. The cost: electing a senator who will bring embarrassment to the state and who will be woefully ineffective at working with other senators. Overriding the cost is the benefit: electing a ...
But of those five justices confirmed from 1969 to 1976, Stevens and Harry Blackmun joined the liberal bloc, and Chief Justice Warren Burger and Lewis Powell voted for Roe v. Wade. Of Reagan's three Supreme Court nominees confirmed, Sandra Day O'connor and Anthony Kennedy cast crucial votes in ...
"The word 'person,' as used in the Fourteenth Amendment, does not include the unborn," Harry Blackmun wrote. Applying the concept of personhood to a fetus, as the tax bill does, could set a precedent in which there would be no difference, as far as 529 plans are concerned, between a fetus at any stage ...
But of those five justices confirmed from 1969 to 1976, Stevens and Harry Blackmun joined the liberal bloc, and Chief Justice Warren Burger and Lewis Powell voted for Roe v. Wade. Of Reagan's three Supreme Court nominees confirmed, Sandra Day O'connor and Anthony Kennedy cast crucial votes in ...
But of those five justices confirmed from 1969 to 1976, Stevens and Harry Blackmun joined the liberal bloc, and Chief Justice Warren Burger and Lewis Powell voted for Roe v. Wade. Of Reagan's three Supreme Court nominees confirmed, Sandra Day O'connor and Anthony Kennedy cast crucial votes in ...
Justice Harry Blackmun was nominated by Richard Nixon in 1970 and confirmed unanimously by the Senate. In 1973, he authored the court's opinion in Roe v. Wade, which protected the right to abortion. Justice John Paul Stevens was nominated by Gerald Ford in 1975. A 2007 Times magazine profile of ...
Wade. Nixon appointee Harry Blackmun wrote mostly about doctors' rights, ignoring arguments about women's equality but concluding that "the right of personal privacy includes the abortion decision, but that this right is not unqualified and must be considered against important state interests in regulation.
In that 5-3 decision, Justice Harry Blackmun found that that the state of Tennessee had the right to establish a "restricted zone around polling places" as "necessary to serve the interest in protecting the right to vote freely and effectively." "The State, as recognized administrator of elections, has asserted that ...


 

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