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Page "Regents of the University of California v. Bakke" ¶ 21
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Justices and Burger
Chief Justice Burger asked Justices Stewart and Blackmun to determine whether Roe and Doe, among others, should be heard as scheduled.
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.
Chief Justice Warren E. Burger and Associate Justices William H. Rehnquist ( later Chief Justice ) and Byron White issued dissenting opinions.
Chief Justice Warren E. Burger wrote the opinion for a unanimous court, joined by Justices William O. Douglas, William J. Brennan, Potter Stewart, Byron White, Thurgood Marshall, Harry Blackmun and Lewis F. Powell.
Chief Justice Burger and Justices Harry Blackmun, Lewis F. Powell, and William H. Rehnquist, each appointed by President Richard Nixon, dissented.
Before the 1980s, Chief Justices Fred M. Vinson and Warren Burger, as well as Associate Justice Wiley Blount Rutledge, served on the D. C.
In the dissenting opinions, Justices Harry A. Blackmun, Warren E. Burger, Lewis F. Powell, Jr., and William H. Rehnquist suggested that the result of this ruling would be the elimination of publicly supported single-sex educational opportunities.
They have featured such distinguished speakers as Chief Justices Warren E. Burger and William H. Rehnquist.
Justices Blackmun and Powell, and Chief Justice Burger concurred in the result, but, in an opinion written by Justice Powell, declined to decide whether discrimination on the basis of sex should attract strict scrutiny.
The opinion of the Court was delivered by Justice William Brennan, while dissenting opinions were filed by Justices Hugo Black and Potter Stewart and Chief Justice Warren Burger.
Dissenting opinions were written by Chief Justice Burger, and by Justices Black and Blackmun.
Until the appointment of Sandra Day O ' Connor to the Supreme Court of the United States, the club had always extended honorary memberships to the Court's Justices ; those who accepted include Associate Justice Antonin Scalia and former Chief Justice Warren Burger.
Chief Justice Burger wrote a plurality opinion, joined by Justices White and Powell ; Justice Powell also wrote a separate concurrence.
Chief Justice Burger filed a dissenting opinion, in which Justices Powell, Rehnquist, and O ' Connor joined.

Justices and Stewart
Two Justices, Hugo Black and Potter Stewart, filed dissents.
Because the opinions of Justices Stewart and White were the narrowest, finding only that the death penalty as applied under the statutes in existence at the time was cruel and unusual, theirs are often considered the controlling majority opinions.
Alumni also include current United States Supreme Court Justices Clarence Thomas, Samuel Alito and Sonia Sotomayor, as well as a number of former Justices, including Abe Fortas, Potter Stewart and Byron White ; several heads of state around the world, including Karl Carstens, the fifth President of Germany, and Jose P. Laurel, the president of the Republic of the Philippines ; and the current deans of eight of the ten top-ranked law schools in the United States: Yale, Harvard, Columbia, Chicago, NYU, Michigan, Virginia, and Penn.
On the Supreme Court of the United States, Associate Justices Potter Stewart and Anthony Kennedy have been described as swing votes between the two factions of the court.
Harlan was usually joined by the other moderate members of the Court: Justices Potter Stewart, Tom Clark, and Byron White.
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 ).
Justices Stewart, Brennan, and White, contributed a joint concurring opinion.
Justices Stewart and Douglas refused to accept that there could be any such " overriding statutory purpose " that would require such discrimination based on skin color.

Justices and Rehnquist
Three serving Associate Justices have received promotions to Chief Justice ; Edward Douglass White in 1910, Harlan Fiske Stone in 1941, and William Rehnquist in 1986.
Two Chief Justices, Salmon P. Chase and William Rehnquist, have presided over the trial in the Senate that follows an impeachment of the President – Chase in 1868 over the proceedings against President Andrew Johnson and Rehnquist in 1999 over the proceedings against President Bill Clinton.
Justices John Paul Stevens and Sandra Day O ' Connor wrote the majority opinion ; they were joined by David Souter, Ruth Bader Ginsburg, and Stephen Breyer, and opposed by Chief Justice William Rehnquist, Anthony Kennedy, Clarence Thomas, and Antonin Scalia.
Justices Rehnquist and Powell joined the Supreme Court too late to hear the first round of arguments.
Justice Douglas threatened to write a dissent from the reargument order ( he and the other liberal Justices were suspicious that Rehnquist and Powell would vote to uphold the statute ), but was coaxed out of the action by his colleagues, and his dissent was merely mentioned in the reargument order without further statement or opinion.
On the other hand, Geoffrey R. Stone has expressed sympathy with the Court's equal protection reasoning, even though Stone was dismayed by what he saw as the sudden and suspect conversion of Justices Rehnquist, Scalia, and Thomas to that equal protection principle.
Five U. S. Supreme Court Justices have taught at Tulane, including Chief Justice William Rehnquist.
In dissent, Justice Antonin Scalia argued that the Miranda warnings were not constitutionally required, citing a panoply of cases that demonstrated a majority of the then-current court, counting himself, Chief Justice Rehnquist, and Justices Kennedy, O ' Connor, and Thomas, " on record as believing that a violation of Miranda is not a violation of the Constitution.
William Rehnquist, Byron White, Harry Blackmun, John Paul Stevens, Antonin Scalia, and Clarence Thomas — the six Justices who did not join the plurality opinion — wrote or joined opinions in which they partially concurred and partially dissented from the decision.
Chief Justice Rehnquist, joined by Justices Kennedy, Scalia, and Thomas, dissented, arguing that the University's " plus " system was, in fact, a thinly veiled and unconstitutional quota system.
Chief Justice Rehnquist and Justices Scalia, Kennedy, and Thomas dissented.
" The U. S. Supreme Court overruled the Florida Supreme Court and stopped their recount via an unsigned " per curiam " opinion in Bush v. Gore, with three Justices ( Rehnquist joined by Scalia and Thomas ) concurring in a separate opinion.
For example, on the campaign trail in 2000, when speaking on his choices for new Supreme Court Justices, President George W. Bush promised to appoint " strict constructionists in the mold of Justices Rehnquist, Scalia, and Thomas ," though Thomas considers himself an originalist, and Scalia outright rejects strict construction, calling it " a degraded form of textualism ," his modus operandi.
Supreme Court Justices Sandra Day O ' Connor and William Rehnquist served on the Stanford Law Review, and dated while at Stanford
In both cases, William J. Brennan wrote the majority opinion, joined by Thurgood Marshall, Harry Blackmun, Antonin Scalia, and Anthony Kennedy ( Kennedy also authored a separate concurrence in Johnson ), and the dissenters in both cases were then-Chief Justice William Rehnquist ( who authored a dissent in Johnson ), and Justices John Paul Stevens ( who authored dissents in both cases ), Byron White and Sandra Day O ' Connor.
Justice O ' Connor wrote a plurality opinion representing the Court's judgment, which was joined by Chief Justice Rehnquist and Justices Breyer and Kennedy.
A dissenting opinion was written by Chief Justice Rehnquist, joined by Justices Scalia and Thomas.
Chief Justice William Rehnquist, and Associate Justices Clarence Thomas, and Antonin Scalia filed dissents.

Justices and Stevens
Currently, there are three retired Associate Justices: Sandra Day O ' Connor, who assumed senior status on January 31, 2006, David H. Souter, who assumed senior status on June 29, 2009, and John Paul Stevens, who assumed senior status on June 29, 2010.
Because Justice John Paul Stevens had recused himself, only eight Justices heard the case, and it ended in a 4 – 4 tie.
Justices Stevens, Ginsburg, Sotomayor, and Breyer dissented.
However, four justices ( Breyer, Souter, Ginsburg, and Stevens ) specifically disputed this in their dissenting opinions, and the remaining two Justices ( Kennedy and O ' Connor ) declined to join Rehnquist's concurrence on the matter.
Four justices ( Justices Stevens, Ginsburg, Souter and Breyer ) dissented as to stopping the recount.
Justice Stevens ' dissent ( joined by Justices Breyer and Ginsburg ) concluded as follows: The per curiam opinion in Bush v. Gore did not technically dismiss the case, and instead " remanded for further proceedings not inconsistent with this opinion.
Justice Stevens wrote a dissent in which Justices Souter, Ginsburg, and Breyer joined.
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.
All these opening sections were joined by Justices Blackmun and Stevens for the majority.
Justice John Paul Stevens wrote the majority opinion and was joined by Justices William J. Brennan, Jr., Thurgood Marshall, Harry Blackmun, and Lewis Powell.
In the majority were Justices O ' Connor, Stevens, Souter, Ginsburg, and Breyer.
Justice Anthony Kennedy wrote the majority opinion which Justices John Paul Stevens, David Souter, Ruth Bader Ginsburg and Stephen Breyer joined.
Four Justices ( Stevens, Souter, Ginsburg, and Breyer ) each wrote their own opinion with various combinations of the other three joining.
Nonetheless, Associate Justices Stevens and Kennedy expressed their dislike of the system.
" 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.
Justice Stevens, with whom Justices Brennan and Marshall joined in dissent, dissented further from the majority opinion: " the Court orders the dismissal of respondent's complaint even though the State's statute prohibits all sodomy ; even though that prohibition is concededly unconstitutional with respect to heterosexuals ; and even though the State's post hoc explanations for selective application are belied by the State's own actions.
The court's 5-4 decision was written by Justice Kennedy and joined by Justices Ginsburg, Stevens, Breyer, and Souter, and cited international law, child developmental science, and many other factors in reaching its conclusion.
Justice Souter, however, joined by Justices Stevens, Ginsburg, and Breyer, argued that enacting VAWA was well within congressional power under the Commerce Clause, and stated that the majority was reviving an old and discredited interpretation of the Commerce Clause.
Justice Breyer, joined by Justices Stevens, Souter, and Ginsburg, argued that it was primarily the responsibility of Congress, and not the courts, to put limits on Congress's power under the Commerce Clause.

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