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Justice reverses himself on rights
Washington Times ^
| Monday, June 2, 2003
| By Frank J. Murray
Posted on 06/01/2003 11:31:11 PM PDT by JohnHuang2
Edited on 07/12/2004 4:03:27 PM PDT by Jim Robinson.
[history]
Justice Stephen G. Breyer shifted this week from outspoken dissenter to majority voter on a key federalism and states' rights issue, but the Supreme Court's most junior justice has not switched sides.
One year after vowing to fight expansion of 11th Amendment immunity, Justice Breyer found himself instead in the majority of a 6-3 ruling going the other way to pierce the states' constitutional immunity from private lawsuits.
(Excerpt) Read more at dynamic.washtimes.com ...
TOPICS: Front Page News; News/Current Events
KEYWORDS: 11thamendment; scotus
To: JohnHuang2
Justice Breyer angrily accused the strict-constructionist Rehnquist court of relying on "abstract phrases [that] do not actually appear anywhere in the Constitution." Actually, that's a good point. There are lots of examples, too:
- "Separation of church and state"
- "Privacy"
- "Stare Decisis"
- "Compelling state interest"
- "National security"
- "The Constitution is not a suicide pact"
2
posted on
06/01/2003 11:44:20 PM PDT
by
sourcery
(The Evil Party thinks their opponents are stupid. The Stupid Party thinks their opponents are evil.)
To: sourcery
9th and 10th Amendments need to be restored before this nation devolves into something only socialists will like
3
posted on
06/02/2003 3:20:45 AM PDT
by
Maelstrom
(To prevent misinterpretation or abuse of the Constitution:The Bill of Rights limits government power)
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