In the United States, abortion was sometimes considered a common law crime, though Justice Blackmun would conclude that the criminalization of abortion did not have " roots in the English common-law tradition.

Additionally, Blackmun felt that his opinion was an inadequate reflection of his liberal colleagues ' opinions.

Though no official vote was taken, Justice Black and Chief Justice Burger wanted to reverse McMillan ’ s order, while Justices Douglas, Harlan, Brennan and Marshall wanted a strong affirmation of the order ; Justices White, Stewart and Blackmun did not express a strong feeling either way.

Justices Brennan, White, Marshall and Blackmun concluded in one plurality opinion that race could be used as a factor when it was for the purpose of remedying substantial chronic underrepresentation of certain minorities in the medical profession.

Justice Stevens wrote an opinion concurring in the judgment, which was joined in part by Justice White and Justice Blackmun. Antonin Scalia | Justice Scalia, who wrote the majority opinion in R. A. V.

Justice John Paul Stevens wrote the majority opinion and was joined by Justices William J. Brennan, Jr., Thurgood Marshall, Harry Blackmun, and Lewis Powell.

Burger would cause the case to be delayed for over twenty months, despite there having been five votes to affirm the appeals court's finding of unconstitutionality after the case was argued before the Supreme Court: Blackmun, Marshall, Brennan, Powell, and Stevens.

Story was played by an actual retired Supreme Court justice, Harry Blackmun.

" Justice Blackmun, joined by Justices Brennan, Marshall, and Stevens, dissented, citing that " his case is no more about a fundamental right to engage in homosexual sodomy ," as the Court purports to declare, ante at 191, that Stanley v. Georgia, 394 U. S. 557 ( 1969 ), was about a fundamental right to watch obscene movies, or Katz v. United States, 389 U. S. 347 ( 1967 ), was about a fundamental right to place interstate bets from a telephone booth.

Blackmun revealed in a 1995 oral history with Harold Koh that his dissent in Bowers v. Hardwick was written primarily by openly gay Pam Karlan ( then a law clerk for Blackmun and now professor of law at Stanford Law School ).

Nixon finally nominated Harry Blackmun for the Fortas vacancy, and Blackmun was confirmed by the Senate with no opposition on 17 May 1970.

He was able to convince no other justice of this view, though Justice Harry Blackmun would eventually agree in 1994 — after Brennan's retirement.

In a dissenting opinion, Justice Harry Blackmun, joined by Burger and Black, suggested that Cohen's wearing of the jacket in the courthouse was not speech but conduct ( an " absurd and immature antic ") and therefore not protected by the First Amendment.

In effect, Blackmun wrote, the plurality's approach would overturn Roe, since it would allow a state to put virtually any restriction on abortion so long as it was rationally related to promoting potential life.

Blackmun emphasized that even if no one was compelled, directly or indirectly, to participate in a state-sponsored religious exercise, the government was still without power to place its imprimatur on any religious activity.

Blumenthal served as administrative assistant to United States Senator Abraham A. Ribicoff, as aide to Daniel P. Moynihan when Moynihan was Assistant to President Richard Nixon, and as a law clerk to Supreme Court Justice Harry A. Blackmun.

Bob Jones University v. United States was decided May 24, 1983 in an 8-1 decision with majority opinion written by Warren E. Burger, and joined by William J. Brennan, Byron R. White, Thurgood Marshall, Harry A. Blackmun, John Paul Stevens, and Sandra Day O ' Connor.

Blackmun was later confirmed in a 94 – 0 vote.

Chief Justice Warren E. Burger wrote the decision, and was joined by Potter Stewart, Harry Blackmun, William Rehnquist, and John Paul Stevens.

Justice William J. Brennan delivered the opinion of the Court, in which he was joined by Justices White, Marshall, Powell and Stevens ( Justice Blackmun joined all but one part of the opinion ; Blackmun, Powell, Stevens, and Stewart wrote concurrences ).

Justice Blackmun went a step further, declaring that this holding would lead to " another avalanche of new federal cases.

Blackmun argued that the majority's concern with a new trial being less reliable than the original trial missed the point.

* 1999 – Harry Blackmun, Associate Justice of the U. S. Supreme Court ( b. 1908 )

* 1908 – Harry Blackmun, U. S. Supreme Court Justice ( d. 1999 )

According to Blackmun, Stewart felt that the cases were a straightforward application of Younger v. Harris and recommended that the Court move forward as scheduled.

Past Supreme Court justices from Harvard Law School include David Souter, Harry Blackmun, William J. Brennan, Louis Brandeis, Felix Frankfurter, Lewis Powell ( LLM ), and Oliver Wendell Holmes, Jr., among others.

Blackmun went further, sharply attacking and criticizing the anti-Roe bloc of the Court.

Burger, Blackmun and Powell were appointed to the Court by Nixon during his first term.

On the day of judgment, Justice Joseph Story ( Associate Supreme Court Justice Harry Blackmun ) announces the Supreme Court's decision on the case.

Blackmun wrote that the case " ought to be remanded to the California Court of Appeal for reconsideration in the light of the subsequently rendered decision by the State's highest tribunal in Bushman.

In 1994, he turned down an appointment by President Bill Clinton to the United States Supreme Court, to replace the retiring Harry A. Blackmun so that he could continue helping with efforts in the Senate to pass significant health-care legislation.

Blackmun, Rehnquist, and White were the only justices who voted on the original Roe v. Wade decision in 1973 who were still on the Supreme Court to rule on this case, and their votes on this case were consistent with their votes on the original decision that legalized abortion.

The Court unanimously held, in an opinion written by Justice Harry Blackmun, that Rule 43 does not permit the trial in absentia of a defendant who is absent at the beginning of trial.

The Supreme Court decided the case in a 5-4 majority opinion delivered by Lewis Franklin Powell, Jr., with a separate concurrence by Harry Blackmun.

Supreme Court Justice Blackmun opinion in Roe v. Wade also referenced the social and private problems " of bringing a child into a family already unable, psychologically and otherwise, to care for it.

Koh clerked for Associate Justice Harry Blackmun on the U. S. Supreme Court from October 1981 through September 1982.

Numerous current and former United States Supreme Court Justices have delivered the Opperman Lecture, including Chief Justice John Roberts, Justice Clarence Thomas, Justice Antonin Scalia, Justice Samuel Alito, Justice Ruth Bader Ginsburg, Justice Stephen Breyer, Justice Sandra Day O ' Connor, Justice Anthony M. Kennedy, and late Justices Harry A. Blackmun, Lewis F. Powell and William H. Rehnquist.

Supreme Court Justice Blackmun opinion in Roe v. Wade also referenced the social and private problems " of bringing a child into a family already unable, psychologically and otherwise, to care for it.

1973 ), was an important intellectual property decision by the federal Court of Claims, later affirmed by a per curiam opinion from an evenly divided United States Supreme Court, with only eight justices voting ( Harry Blackmun took no part in the decision of this case ).

Justice Powell, writing for himself save Part I and V-C joined by Justice Blackmun, Justice Brennan, Justice Marshall, and Justice White, and Part III-A joined only by Justice White, concluded that while the school had a compelling interest in a diverse student body and therefore could consider race as a " plus " factor in its admissions program ( Part IV-D ), it could not ex ante set aside seats specifically for a certain race, resulting in the automatic exclusion of others based only on race ( Part IV-B ).

At this point, only two of the Justices were obvious supporters of Roe v. Wade: Blackmun, the author of Roe, and Stevens, who had joined opinions specifically reaffirming Roe in City of Akron v. Akron Center for Reproductive Health and Thornburgh v. American College of Obstetricians and Gynecologists.

At the conference of the Justices two days after oral argument, Justice Souter defied expectations, joining Justices O ' Connor, Stevens, and Blackmun, who had likewise refused to do so three years earlier in Webster v. Reproductive Health Services.

Concurrences by Blackmun, Brennan and Stevens stated that Whiteside had failed to show that the attorney's actions had caused prejudice to the defendant's trial required to sustain a claim of " ineffective representation ", as required by the case of Strickland v. Washington, 466 U. S. 668 ( 1984 ).

For one thing, Blackmun observed, Place had not raised the issue in either the district court or the Second Circuit.

Justice Blackmun recognized that five of the nine justices ( O ' Connor and the four dissenters ) had agreed that " the reasonableness of Riley's expectation privacy depends, in large measure, on the frequency of non-police helicopter flights at an altitude of 400 feet.

" Like Brennan, Blackmun noticed that the main disagreement among these five justices was whether the government or the defendant had the burden of proof in establishing whether public flights above Riley's home were common or rare.

Blackmun thought it was likely that such flights were quite rare, supporting Riley's case, so the government had to show they occurred with some regularity.

" Blackmun questioned whether Oregon actually did enforce its criminal prohibition on peyote against religious users, noting that it had not actually prosecuted Smith or Black.