Justice Lewis F. Powell Jr.
April 2010: "It has been almost 40 years since a nominee who had not been a judge was appointed to the Supreme Court; the last two were William H. Rehnquist and Lewis F. Powell Jr., both of whom joined the court in 1972."http://www.nytimes.com/2010/05/01/us/politics/01kagan.html
October 2007: Supreme Court math used to yield different results. As Justice Lewis F. Powell Jr. wrote in a 1986 decision, “the court has ordinarily stayed executions when four members have voted” to hear an appeal.http://www.nytimes.com/2007/10/08/us/08bar.html
December 2005: The issue of whether reporters enjoyed a legal privilege to bat subpoenas down was settled by the Supreme Court's 1972 decision in Branzburg v. Hayes, which ruled against such a privilege. But, as Bates writes, lower courts found wiggle room in the 'ambiguities' presented by Justice Lewis F. Powell Jr.'s 'unorthodox concurring opinion.' The press exploited this, and the Supreme Court ignored the mess it had made, neglecting to correct lower courts that invoked Powell to find 'qualified privilege' for journalists who wanted to quash subpoenas. Since Branzburg, no Supreme Court has revisited the issue at all; the court declined to hear Cooper and Miller's appeals.http://www.slate.com/id/2131829/fr/rss/
Role Name Type Last Updated Member of (past or present) US Supreme Court (SCOTUS) Organization Oct 12, 2005 Student/Trainee (past or present) Washington and Lee University (W&L) Organization Oct 12, 2005
Articles and Resources
Date Fairness.com Resource Read it at: Oct 21, 2011 The Ugliness Started With Bork
QUOTE: [The Bork] nomination battle is also a reminder that our poisoned politics is not just about Republicans behaving badly, as many Democrats and their liberal allies have convinced themselves. Democrats can be — and have been — every bit as obstructionist, mean-spirited and unfair.
New York Times Apr 30, 2010 Rare Breed Now: A Justice Who Wasn’t a Judge
QUOTE: Ms. Kagan has a glittering résumé. But it lacks the one qualification that every member of the current Supreme Court possesses: past judicial service. The possibility that she will be nominated has ignited a debate over what scholars call “the norm of prior judicial experience.”
New York Times Oct 08, 2007 Going to Court, but Not in Time to Live (Sidebar)
QUOTE: Mr. Williams’s appeal included a challenge to the constitutionality of the chemicals used in lethal injections, which have the potential to cause excruciating torture if administered improperly. A month after his execution, the court agreed to hear that question in another case.
New York Times Dec 07, 2005 Lip-Service Journalism: If protecting sources is paramount, why don't more reporters go to jail?
QUOTE: American reporters have been going to jail to protect their sources since at least 1848....the Washington press corps thinks that protecting confidential sources is essential to doing its job—except when jail time is a possible consequence of doing that job.
Slate Oct 07, 2005 Experience needed? The long history of nonjudge justices.
QUOTE: '"The issue has never been most qualified, the issue is qualified." Who is qualified to sit on the Supreme Court is a determination made on a nominee by nominee basis by at least 51 US senators. There are no set rules for qualification.'
Christian Science Monitor Dec 02, 2002 Supreme Court to Weigh in On Affirmative Action : University of Michigan Cases on Race-Based Admissions to be Heard
QUOTE: At issue are claims by prospective students who say they were discriminated against because they are white by admissions programs at the University of Michigan, which...seek to promote racial diversity on campus.
Washington Post Dec 02, 2002 Justices to Reconsider Ruling Against Sex Between Gays
QUOTE: The Supreme Court today set the stage for a major reconsideration of its approach to gay rights, accepting a challenge by two gay men to a Texas law that treats same-sex couples as criminals for the same sexual practices that are legal there between a man and a woman.
New York Times May 18, 2001 The President's Lawyer, and the Court's
QUOTE: Whether he is approved as solicitor general by the full Senate or the Bush administration must choose someone else for the post, a deeper question endures: Is it now acceptable to define the job as that of an outright partisan? Or should the S. G. remain an advocate for the nation's long-term interests whose duty to the rule of law goes beyond allegiance to the political views of the administration?
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