A legacy of division Jan 23, 2008
That "right," wrote Justice Harry Blackmun in the main opinion for the court, is "broad enough to encompass a woman's decision whether or not to terminate her pregnancy.". "Prior to Roe," said Garrow, "whether one could obtain a legal abortion in the face of an unwanted pregnancy was a crapshoot. For 30 years now, it's been a constitutionally guaranteed right.". (CNN -- US)
Unlikely pair Dec 26, 2007
Retired chief deputy clerk Lorson notes that other pairs of justices have shared interests, such as the late Harry Blackmun and Potter Stewart, who were baseball fanatics. In one famous incident during oral arguments on Oct. 10, 1973, Stewart slipped Blackmun a note that said, "V.P. AGNEW JUST RESIGNED!! METS 2 REDS 0.". (USA Today)
Grim Reaping: Do You Really Know Roe? Dec 18, 2007
The Roe decision, authored by Justice Harry Blackmun, found for the first time that the U.S. Constitution somehow guaranteed the phantom right for a mother to have the innocent child which grew within her summarily killed ... The Roe decision, authored by Justice Harry Blackmun, found for the first time that the U.S. Constitution somehow guaranteed the phantom right for a mother to have the innocent child which grew within her summarily killed. (Townhall.com)
A tough investigator calmly defends his work Dec 14, 2007
He could have looked back on a very different past had he not turned down President Bill Clinton, who wanted him to replace Harry Blackmun on the Supreme Court in 1994. "I believe that after being commissioner of baseball, he deeply would have liked to have been on the Supreme Court," said Bob Kerrey, a former Democratic senator from Nebraska who is the president of the New School. (International Herald Tribune)
Giuliani's Grade at the Supreme Court Dec 5, 2007
Whatever voters think of Republican presidential candidate and former New York City Mayor Rudolph Giuliani now, to the late Supreme Court Justice Harry Blackmun he was a 5 out of 10. Blackmun made his private assessment of Giuliani in 1983 when the then-associate attorney general argued before the Supreme Court in Bell v. United States, a minor case interpreting the bank larceny law that has languished in obscurity ever since. (Law.com)
Online test examines nation's knowledge of abortion ruling Dec 4, 2007
Chief Justice Harry Blackmun, the author of the 1973 U.S. Supreme Court Roe v. Wade decision that affirmed a "right" to abortion under the U.S. Constitution's right to privacy, recognized the potential pitfalls, and provided carefully crafted limits on the use of the procedure. Or did he. (WorldNetDaily)
Presidential Race: 21st Century Reaganism Nov 27, 2007
Losing the 1976 election with Gerald Ford as its standard bearer, it was a scandal-plagued "dime store Democrat" party, backing detente with an ever-more-aggressive Russia, imposing wage and price controls, and appointing to the Supreme Court liberals such as Roe v. Wade author Harry Blackmun and the high court's current most left-leaning member, John Paul Stevens. Under candidate Reagan in 1980, it suddenly represented a vast cross-section of the country. (Investors Business Daily)
Accused to defend self in slaying Nov 26, 2007
Justice Harry Blackmun wrote in a dissenting opinion, "If there is any truth to the old proverb that 'one who is his own lawyer has a fool for a client,' the court by its opinion today now bestows a constitutional right on one to make a fool of himself.". A defendant must be competent to stand trial in order to represent himself. (The Palm Beach Post)
Americans expect and deserve privacy Nov 14, 2007
The majority decision, written by the late Justice Harry Blackmun, explicitly cited such a right, kicking off years of arguments in which those who opposed Roe complained that the words right to privacy did not appear in the Constitution, while those who supported Roe cited Blackmun s interpretation of court precedent to establish such a right. Time goes on, and suddenly right to privacy takes on a whole new meaning in an era of Internet exhibitionism and a government prosecuting a war against... (Carlisle Sentinel, PA)
Colorado proposal would use loophole Blackmun created in 'Roe' Nov 14, 2007
It targets a loophole U.S. Supreme Court Justice Harry Blackmun created when he wrote the original abortion opinion. He concluded: "(If the) suggestion of personhood [of the preborn] is established, the [abortion rights] case, of course, collapses, for the fetus' right to life is then guaranteed specifically by the [14th] Amendment.". (WorldNetDaily)
San Francisco director is leaving the SEC this month Oct 20, 2007
Before that, she was a law clerk for U.S. Supreme Court Justice Harry Blackmun. Morrison said she enjoyed her tenure at the SEC but wanted to do something new and was attracted by "a very ethical culture" at Hall Capital Partners. (San Francisco Chronicle -- Business)
Cruel and unusual Oct 13, 2007
But as the Supreme Court takes up this issue again, I remember what Justice Harry Blackmun said after a 20-year struggle about just ways to administer the death penalty: "From this day forward, I no longer shall tinker with the machinery of death.". We are still tinkering. (International Herald Tribune -- Ed/Op)
A Question of Strategy for Pro-Lifers Oct 7, 2007
Furthermore, Muise points to the central passage of the entire Roe decision, in which Justice Harry Blackmun wrote, (If the) suggestion of personhood [of the preborn] is established, the [abortion rights] case, of course, collapses, for the fetus right to life is then guaranteed specifically by the [14th] Amendment ... Furthermore, Muise points to the central passage of the entire Roe decision, in which Justice Harry Blackmun wrote, (If the) suggestion of personhood [of the preborn] is... (Townhall.com)
Hillary Clinton Wants Religion in the Public Square, Says Author Oct 7, 2007
Remember, Supreme Court Justice Harry Blackmun was also a Methodist. Cybercast News Service: What would you like to ask Hillary Clinton. (CNSnews.com)
Right is might Oct 3, 2007
In the Roe decision itself, Harry Blackmun had acknowledged that the words of the Constitution did not compel his decision. "The Constitution does not explicitly mention any right of privacy," Blackmun had written, but the Court had over time "recognized that a right of personal privacy, or a guarantee of certain areas or zones of privacy, does exist under the Constitution.". (CNN -- US)
Injection Injunction Oct 3, 2007
"From this day forward," Supreme Court Justice Harry Blackmun wrote in 1994, "I no longer shall tinker with the machinery of death." Although the Constitution clearly permits the death penalty, Blackmun had concluded it was unconstitutional in practice because it could not be imposed fairly and consistently. By agreeing to consider a challenge to current methods of lethal injection, the Supreme Court has begun to tinker quite literally with the machinery of death, a repair job that promises to... (Human Events Online)
Blackmun cited case weakness when he authored '73 abortion decision Sep 29, 2007
Pro-life organizations are trying to build support for the legal definition that an unborn child is a person to exploit a weakness that was cited by author Harry Blackmun when he wrote the creative Roe V. Wade abortion precedent in 1973. But their work has generated a huge argument within the pro-life movement: whether it's better to chip away at the opportunities abortionists have to conduct their business or a challenge should be mounted to confront Roe's very premise that the unborn are only... (WorldNetDaily)
Does affirmative action hurt minorities? Sep 26, 2007
A generation ago, the late U.S. Supreme Court Justice Harry Blackmun wrote in Regents of UC vs. Bakke, the famous UC Davis affirmative action case, that for society to get beyond race, the government must first take account of race. Last summer, Chief Justice John G. Roberts Jr. countered that the way to get beyond racial discrimination was for government to stop using race as a consideration. (Los Angeles Times)
Get inside the minds of the 'Nine' Sep 19, 2007
In the Roe decision itself, Harry Blackmun had acknowledged that the words of the Constitution did not compel his decision. "The Constitution does not explicitly mention any right of privacy," Blackmun had written, but the Court had over time "recognized that a right of personal privacy, or a guarantee of certain areas or zones of privacy, does exist under the Constitution." The interpretive leap of Roe was Blackmun's conclusion for the Court that "this right of privacy. .. is broad enough to... (USA Today -- Life)
Exclusive: Janet Folger shares last night's debate questions, 5 predictions for election Sep 18, 2007
In Roe v. Wade, author Harry Blackmun himself stated: "If this suggestion of personhood is established, the appellant's case, of course, collapses". By the author's own words, Roe v. Wade has collapsed. (WorldNetDaily)
Native American replaces American Indian at RCJ Sep 18, 2007
Quote [In 1975, the Court of Claims held that "a more ripe and rank case of dishonorable dealings will never, in all probability, be found in our history...] Quote [Justice Harry Blackmun wrote...In sum, we conclude that the terms of 1877 Act did not effect mere change in the form of investment of Indian tribal property. Rather, the 1877 Act effected a taking of tribal property, property which had been set aside for the exclusive occupation of the Sioux by the Ft. Laramie Treaty of 1868..] ".... (Rapid City Journal, SD)
The Terrorist Bill of Rights Sep 7, 2007
If only Harry Blackmun were with us still, he could almost certainly say that the Fourth and Eighth Amemdments had penumbras in them that could be extended to create those rights in terrorists. The first could be traced to the Fourth Amendment (unreasonable search and seizures) and the second to the Eighth. (Human Events Online)
Giuliani Is No Nixon Jul 25, 2007
In his column, Gerson mentions that Nixon appointed Justice Harry Blackmun, the author of Roe v. Wade, to the Supreme Court. Blackmun found a right to abortion in the Fourteenth Amendment a "loose" interpretation of the constitutional text, to put it charitably. (CBS News)
Amendment passes 2nd state test on planned path to voters in 2008 Jul 20, 2007
The "hole" in Roe v. Wade that the organization is targeting is the little-publicized comment from Justice Harry Blackmun, author of the 1973 opinion, in which he noted, "[If the] suggestion of personhood [for the unborn] is established, the [abortion rights] case, of course, collapses, for the fetus' right to life is then guaranteed specifically by the [14th] Amendment.". Abortion proponents already are gathering their ammunition. (WorldNetDaily)
Plan would declare personhood for unborn Jul 6, 2007
The "hole" in Roe v. Wade is the little-publicized comment from Justice Harry Blackmun, author of the 1973 opinion, in which he noted that, "[If the] suggestion of personhood [for the unborn] is established, the [abortion rights] case, of course, collapses, for the fetus' right to life is then guaranteed specifically by the [14th] Amendment.". The same approach, Meuser said, was attempted in Michigan, where not enough signatures were verified, and is in process in Mississippi. (WorldNetDaily)
Arbitration process often favors the house Jun 17, 2007
In a dissenting opinion, Justice Harry Blackmun said despite safeguards put in place, "the investor has the impression, frequently justified, that his claims are being judged by a forum composed of individuals sympathetic to the securities industry.". Fienberg said it helps to have someone on the arbitration panel who is familiar with industry practices. (Boston Globe)
Morgan Chu, Partner at Irell & Manella, to Receive UCLA Medal, University's Highest Honor, at Ceremony on June 14 Jun 14, 2007
The UCLA Medal was first awarded in 1979, and has since been bestowed on such recipients as former Presidents Jimmy Carter and Bill Clinton, Nobel Prize-winning author Isaac Bashevis Singer, actor Laurence Olivier, Supreme Court Justice Harry Blackmun, physicist Carl Sagan, and former Czech president Vaclav Havel. Mr. Chu earned three degrees from UCLA: a B.A. (1971), an M.A. (1972), and a Ph. (PR Newswire)
Left-wingers have fried brains Jun 8, 2007
A few years later, deadly symptoms appeared on the Supreme Court when Harry Blackmun cooked up the idea that a woman s right to privacy made killing unborn babies legal. And for decades rational people have intuitively known that political correctness was a symptom of brain damage. (Logan Herald Journal, UT)
Breyer shares wit, wisdom May 31, 2007
He got chuckles from the crowd when he recalled the understated advice of Associate Justice Harry Blackmun, whose retirement created the seat Breyer filled. "He said, 'You'll find this an unusual assignment,' and I have," Breyer said. (Albany Times Union)
Super Lawyers Unmasked May 30, 2007
Justice Harry Blackmun, writing for the majority, said that legal advertising helps "inform the public and allocate resources in our free enterprise system.". Overnight, the previous status quo was replaced by the standard that holds to this day: Lawyers can advertise, as long as they don't mislead. (City Pages)
Giuliani's choice (Cal Thomas) May 17, 2007
They and the presidents who nominated them are: Warren Burger and Harry Blackmun (Nixon); John Paul Stevens (Ford); Sandra Day O'Connor and Anthony Kennedy (Reagan); and David Souter (Bush 41). It is no guarantee that electing a Republican president will produce pro-life justices, but it is a virtual certainty that no judge nominated by a Democratic president will disappoint the pro-choice lobby. (Washington Times, DC)
Death row's IQ divide May 8, 2007
It was just such uncertainties that led Justice Harry Blackmun to famously vow, in a 1994 dissenting opinion, that no longer would he "tinker with the machinery of death." The U.S. Supreme Court tried to refine that machine with Atkins five years ago, but it has clarified nothing. Instead, the court introduced another element of disparity into an already arbitrary and barbaric punishment. (Los Angeles Times)
Forum: A Roe of dumb deeds Apr 29, 2007
But for justices appointed by Republican presidents (William Brennan, Potter Stewart, Harry Blackmun, Lewis Powell and Warren Burger on Roe v. Wade and John Paul Stevens, Sandra Day O'Connor, Anthony Kennedy, and David Souter thereafter) the court would neither have taken nor sustained this power grab. In that sense, Republican ineptitude is responsible for the nation's plight. (Washington Times, DC)
Kennedy Reshapes Abortion Conflict as He Refines 'Swing Vote' Role Apr 21, 2007
According to the papers of the late Justice Harry Blackmun and other accounts, Kennedy in 1992 nearly sided with the conservatives in a Casey majority opinion that would have effectively nullified Roe. But he changed his mind, flipping the majority and working with Justices Sandra Day O'Connor and David Souter to craft a joint opinion for the Court. (Law.com)
Georgia group aims for constitutional amendment in 2008 Apr 20, 2007
Justice Harry Blackmun, in the 1973 opinion in which the Supreme Court announced the constitutional right to abortion, noted that, "[If the] suggestion of personhood [for the unborn] is established, the [abortion rights] case, of course, collapses, for the fetus' right to life is then guaranteed specifically by the [14th] Amendment.". Becker told WND that's the key, and since pro-life legislation in the state Senate already has been collecting about 39 votes, two more than would be needed to... (WorldNetDaily)
Newswatch, Police/Fire Apr 17, 2007
He joins a prestigious group of others who have received the honor, including U.S. Supreme Court Justices Earl Warren, Lewis Powell, Harry Blackmun, Warren Burger and Sandra Day O'Connor. King co-authored "Broken Trust: Greed, Mismanagement ical Manipulations at America's Largest Charitable Trust" with University of Hawaii law professor Randall Roth. (Honolulu Star-Bulletin)
Former Iowa Governor Thomas J. Vilsack Joins Dorsey & Whitney Law Firm Apr 12, 2007
Dorsey ey has a rich tradition of attracting excellent attorneys with an interest in community service, including former United States Supreme Court Justice Harry Blackmun, former United States Vice President Walter Mondale, former Minnesota Attorney General Warren Spannaus, and former United States Attorneys Bob Bundy (AK) and Zach Carter (NY). Dorsey partner Mondale observed: "Governor Vilsack was one of the most respected governors in America and he earned a very strong reputation in the... (PR Newswire)
Senior justice has a leading role at pivotal juncture Apr 5, 2007
Stevens' current role on the liberal wing stems largely from how much the court has shifted from an era marked by the liberalism of William Brennan, who retired in 1990; Thurgood Marshall, who retired in 1991; and Harry Blackmun, who stepped down in 1994. "The composition of the court and nature of the issues has changed," says Emory University law professor Robert Schapiro, who was a law clerk to Stevens 1991-92. (USA Today)
Death penalty becomes a life sentence of appeals Apr 1, 2007
He recalls the words of former U.S. Supreme Court Justice Harry Blackmun, who famously announced a similar reversal in his 1994 dissent from the Court's refusal to consider the relatively routine death penalty case of Callins v. Collins. rom this day forward, I no longer shall tinker with the machinery of death. (Carlisle Sentinel, PA)
EUGENE ROBINSON: There are no easy answers on gun rights Mar 23, 2007
It's obvious to me that the Constitution has to be a living document and that inferences have to be drawn from it to accommodate changing times -- the right to privacy, for example, that Justice Harry Blackmun found to justify Roe v. Wade. But, um, it's pretty hard to infer the polar opposite of what the document says. (Fresno Bee -- Opinion)
Resurgent racism Mar 6, 2007
Justice Harry Blackmun perniciously insinuated in Regents, University of California v. Bakke (1978) that race must be taken into account in fashioning social policy to get beyond racism. To be sure, individuals who have been injured because of racial discrimination enjoy a right to be made whole. (Washington Times, DC)
CONFLICT ON THE COURT Mar 2, 2007
Notes made by the late Justice Harry Blackmun during discussions of issues among the justices make it clear that from day one Thomas staked out his own position on issues, even when all eight of his senior colleagues took the opposite position. Often it was Thomas whose arguments won over Scalia and Chief Justice Rehnquist - and sometimes enough others for a majority. (New York Post -- Opinions)
High Court and Low Politics: Part II Feb 28, 2007
President Nixon appointed Harry Blackmun, who created a "constitutional right" to an abortion out of thin air, just as previous liberal justices had created all sorts of constitutional rights out of thin air for criminals, vagrants, and others. President Ford appointed John Paul Stevens, whose long history of liberal votes was climaxed by his 2005 decision that politicians can seize private homes and turn them over to other private individuals, who want to replace these homes with amusement... (Human Events Online)
THOMAS SOWELL: High court and low politics Feb 28, 2007
Notes made by Justice Harry Blackmun during discussions of issues among the justices make it clear that from day one Clarence Thomas staked out his own position on issues, even when all eight of his senior colleagues took the opposite position ... That much of this information came from notes made during judicial conferences by the late Harry Blackmun, whose views were antithetical to those of Clarence Thomas, adds more weight to the conclusion that media depictions of Justice Thomas reflect... (Washington Times)
`Struck by lightning' 3 times over Feb 27, 2007
"It's great for the school, and I think it's reflective of the fact that students here have been getting better and better," said David Van Zandt, dean of Northwestern's Law School, who was a clerk for Justice Harry Blackmun in the early 1980s. "And for these women . . . it's something that you do for a year and carry with you for the rest of your life.". (FOX59, IN)
Justice Fever: Feb 6, 2007
Like others, most notably Linda Greenhouse of the New York Times in her book , Greenburg has mined the papers of former Justice Harry Blackmun for details from the justices' internal deliberations. She tells the important story of how Justice Kennedy reversed his initial views in favor of overturning Roe v. Wade and allowing prayer in public schools, torpedoing a big chunk of the right-wing agenda. (Slate)
Judge 'Supreme Court' on merits, not on its limits Jan 28, 2007
The last hour also takes up Roe vs. Wade and describes how Justice Harry Blackmun turned to his wife and three grown daughters for advice on the 1973 opinion that legalized abortion. The 2000 Bush vs. Gore opinion, which in essence put George W. Bush in the White House, could have shaken the court. (Orlando Sentinel -- Entertainment)
Exclusive: David Kupelian on how Supreme Court 'discovered' right to destroy babies Jan 22, 2007
"Justice Harry Blackmun, who wrote Roe and who never offered the slightest constitutional defense of it, simply remarked that the decision was a landmark on women's march to equality," explains Bork ... In fact, here's what Justice Harry Blackmun wrote in his majority opinion justifying the Roe decision. (WorldNetDaily)
Rethinking the death penalty Jan 6, 2007
It could also prod other states to abandon their own use of what Justice Harry Blackmun called the "machinery of death.". . (International Herald Tribune)
Letters to the editor Jan 3, 2007
This is confirmed in the papers of Roe author Justice Harry Blackmun, released in 2005. These papers reveal that Justice Blackmun thought the court was legalizing only "medically necessary" abortions rather than abortion on demand for all nine months of pregnancy, which resulted from the decision. (Washington Times, DC)
