Word: gewirtz
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Dates: during 1980-1989
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...Justices will be under pressure to resolve most questions, however reluctantly, because failure to do so would leave lawyers and lower courts unsure of the high court's direction. "There is a strong institutional drive to behave as if things are proceeding normally," says Yale Law Professor Paul Gewirtz. But will the drive be enough when the Justices try to steer in two directions...
...court's central figure, casting the swing vote in one 5-to-4 decision after another. His resignation last week gave Ronald Reagan the chance to tilt the court more sharply to the right, perhaps for decades, by appointing a more sternly and consistently conservative Justice. Said Paul Gewirtz, professor of law at Yale: "This is not just another vacancy. This is the pivot point in the next generation of American constitutional...
...women. In addition, the Justices will review a court-ordered promotion plan for blacks imposed on Alabama state troopers. The cases will be closely watched because the high bench has yet to define completely its views on affirmative action. "The permissible scope is unclear," says Yale Law Professor Paul Gewirtz. "The cases are being decided one by one." In a major church-state dispute, the court will decide whether Louisiana violated the bar on establishment of religion by requiring the presentation of creationism in schools teaching evolution. And in a case that could have major implications for AIDS victims...
...Rehnquist make inviting targets. "My own view is that the Senate's role is to be a partner in the appointment process and examine the views of the nominees, at least when the President is so self-consciously trying to shape the court," asserts Yale Law School Professor Paul Gewirtz. Democrat Alan Cranston of California, who voted against Rehnquist's confirmation as a Justice in 1971, last week asked, "Can a man who has an extreme right-wing ideology manage the court in a fair and balanced...
...those helped establish her influence on the thinking of her fellow Justices--for example, in constitutional questions regarding religion. Thus two years ago, she joined a 5-to-4 majority upholding the constitutionality of a town-sponsored Nativity scene in Rhode Island. With reasoning that Yale Law Professor Paul Gewirtz calls "extremely elegant," she sought in a concurring opinion to draw a line between government actions that accommodate religion and those that endorse it. Her thinking was later used by Justice John Paul Stevens to help support the majority's view in another religion case...