May 22, 1995
It was a coincidence, of course, that exactly a week after the Oklahoma bombing, the Supreme Court struck down the Gun Free School Zones Act of 1990, holding that Congress had exceeded its enumerated powers for the first time since the New Deal. Nevertheless, some commentators are treating the two events as if they were portentously linked.
Boys and Girls
February 14, 1994
Last week, with William Rehnquist's provisional consent, Shannon Faulkner became the first woman in 150 years to attend classes at The Citadel, a public military college in South Carolina. "This is just another case in a long series of cases over the last twenty years or so which have expanded opportunities for women and said they're entitled to an equal opportunity," Helen Neuborne of the now Legal Defense Fund told cnn.
October 04, 1993
The trial of Cornelius Singleton, who was executed in Alabama last November for killing a nun in a cemetery by smothering her with rocks, was hardly a model of due process. After begging to be taken off the case, the court-appointed lawyer refused to meet with his client, failed to object when the prosecutor struck all blacks from the jury pool and neglected to tell the jury that Singleton was mentally retarded. He then forged Singleton's name on a petition for habeas corpus; he was later disbarred.
July 05, 1993
In every Supreme Court term, there is at least one case that tests, and vividly exposes, the character of the justices. Last year it was abortion; this year it is hate crimes. The outcome of Wisconsin v. Mitchell--which upheld a law that requires harsher sentences for criminals who "intentionally select" their victims "because of race, religion" and the like--was never really in doubt. But instead of being sensitive to the intricate First Amendment concerns that the case raised, William Rehnquist dismissed them contemptuously.
June 21, 1993
Having peered behind the red velvet curtains of the Rehnquist Court, the press now tells the embarrassed justices that they have nothing to be embarrassed about. But after spending last week in the Marshall archives, I sympathize with William Rehnquist's fears. The portrait of the justices that emerges from their internal correspondence is not, in fact, particularly flattering.
May 10, 1993
The White House has expanded its search for the next Supreme Court justice; and it is now possible to evaluate the scholarship, opinions and constitutional vision of the candidates. All are able federal judges. But some are more proficient than others at textual and historical analysis, and so better equipped to win over the swing justices and to challenge the Court's most aggressive intellectual, Antonin Scalia, on his own terms. In ascending order: Mary M. Schroeder, 52. U.S. Court of Appeals, Phoenix, Arizona.
March 29, 1993
Can the state of Arizona pay an interpreter to sign the rosary for James Zobrest, a deaf student at a Catholic high school? Zobrest's parents claim Arizona misinterpreted the religion clauses of the First Amendment ("Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof") when it decided to put sign language interpreters in secular, but not religious, private schools. At oral argument on February 24, the justices joked about their incoherent doctrine for policing the Establishment Clause and the embarrassing results it has produced.