we picked up two justices at the Supreme Court building: William O. Douglas and William Brennan. I had previously met Justice Brennan through his son Bill
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who had been appointed to Represent Gideon. (My friend John Hart Ely was working for the Fortas firm during the summer the briefs were being prepared and I reviewed and edited several drafts with John.) Bazelon’s opinions—more often dissents than majority—had established the co...
because he told her that shots had been fired in Dallas. We turned on a small television set that had been in my cubicle ever since the World Series a couple of months earlier. Nothing was yet on the news. A few minutes later everyone in the world knew that President Kennedy h...
I must recount one vignette regarding Justice Goldberg that caused me considerable disappointment. One of the great villains of the day to all liberals was J. Edgar Hoover
the uttering of the prohibited words on a Pacifica radio station that broadcast Carlin’s routine led to a Supreme Court decision setting out standards for what could and could not be said during certain hours of the day and night.
I decided to argue that it was none of the government’s constitutional business to act as a board of censors—to tell its adult citizens what they could and could not watch in the privacy of a movie theater that was off limits to children and that did not advertise in a pandering...
while continuing to press me hard on its implications. At one point Judge Aldrich asked me what I would do if the Supreme Court ruled against my theory. “Will that be the end of the road…?”
and despite the Supreme Court’s continued insistence—most recently in the violent video games case—that “obscenity” is not protected by the First Amendment
it must be confronted with the concrete responsibility of determining the immediate fates of many hundreds of condemned persons at the same time. In this way
which now might be 5-4 against us. And the large number of condemned inmates who faced execution on a theory similar to that which had lead the sentencing judge in Arizona to sentence the Tison brothers to die even though they had not killed the Lyons family or intended their de...
he would have quickly been acquitted. But this was Indiana. They had a trophy in Tyson. And they had a trial judge determined to prevent a new trial that would have embarrassed her and freed Tyson. The conviction was eventually affirmed on a two to two tie vote by the Indiana...
I received dozens of letters and calls from indignant alumni and parents of applicants concerned that Harvard was returning to a quota system. These concerns increased when the Bakke case came to the Supreme Court and Harvard took the lead in defending race-specific affirmative...
the Supreme Court has agreed to review yet another affirmative action program. The issues may be similar to that raised in Bakke and subsequent cases
by giving him a “free” issue. It was free because he – and other “pro-life” Republicans – could strongly oppose all abortion without alienating moderate Republican women and men who favored a woman’s right to choose but felt secure in the knowledge that the Supreme Court would c...
“The Supreme Court's definition of obscenity is that it has to be material which appeals to your prurient interest.” He magically produced an unabridged dictionary from the suitcase on his bed