Confirmation Hearings on Federal Appointments: Hearings Before the Committee on the Judiciary, United States Senate, Ninety-ninth Congress, First Session, on Confirmation Hearings on Appointments to the Federal Judiciary and the Department of JusticeU.S. Government Printing Office, 1985 |
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Advisory Committee Amendment answer appointment Batchelder believe Brunetti CAROL LOS MANSMANN CHAIRMAN Commission concerned confirmation hearing congratulate Congress Congressman Constitution County crime criminal death penalty decision Deputy Attorney district court judge E.F. Hutton endorsement experience Federal bench Federal courts Federal judge feel going Hall honor investigation issue JENSEN Jersey Judge DIMMICK Judge GUNN Judge Mansmann Judge MOORE Judge STAPLETON judicial activism Law School lawyer legislative litigation LOVELL ment Morris County Motz Mount Laurel nomination position practice President problem Public Advocate public defender qualified questions record respect response Rodriguez rules Sam Hall Senate Judiciary Committee Senator BIDEN Senator GRASSLEY Senator HATCH Senator MATHIAS Senator McConnell Senator SIMON sentencing served stare decisis statute Strom Thurmond Supreme Court Thank tion tribunal U.S. attorney U.S. circuit judge U.S. district judge U.S. SENATOR Utah Washington WILLIAMS Wolf Wolf's
Popular passages
Page 96 - Representatives designated or selected for the purposes of collective bargaining by the majority of the employees in a unit appropriate for such purposes, shall be the exclusive representatives of all the employees in such unit for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment, or other conditions of employment...
Page 89 - The appellee and certain amici argue that the fetus is a "person" within the language and meaning of the Fourteenth Amendment. In support of this, they outline at length and in detail the well-known facts of fetal development. If this suggestion of personhood is established, the appellant's case, of course, collapses, 113 Opinion of the Court for the fetus' right to life would then be guaranteed specifically by the Amendment.
Page 88 - ... abortion statutes. The upshot is that the people and the legislatures of the 50 States are constitutionally disentitled to weigh the relative importance of the continued existence and development of the fetus on the one hand against a spectrum of possible impacts on the mother on the other hand. As an exercise of raw judicial power, the Court perhaps has authority to do what it does today; but in my view its judgment is an improvident and extravagant exercise of the power of judicial review which...
Page 94 - It is not a constitutional defect in this program that it may disappoint the expectations of nonminority firms. When effectuating a limited and properly tailored remedy to cure the effects of prior discrimination, such "a sharing of the burden" by innocent parties is not impermissible. . . . The actual "burden" shouldered by nonminority firms is relatively light in this connection when we consider the scope of this public works program as compared with overall construction contracting opportunities....
Page 160 - The Conference shall also carry on a continuous study of the operation and effect of the general rules of practice and procedure...
Page 89 - All this, together with our observation, supra, that throughout the major portion of the 19th century prevailing legal abortion practices were far freer than they are today, persuades us that the word "person...
Page 92 - US 643 (1961), to the decisions handed down today, it is that the scope of the exclusionary rule is subject to change in light of changing judicial understanding about the effects of the rule outside the confines of the courtroom. It is incumbent on the Nation's law enforcement officers, who must continue to observe the Fourth Amendment in the wake of today's decisions, to recognize the double-edged nature of that principle.
Page 89 - If this suggestion of personhood is established, the appellant's case, of course, collapses, for the fetus' right to life would then be guaranteed specifically by the Amendment. The appellant conceded as much on reargument. On the other hand, the appellee conceded on reargument that no case could be cited that holds that a fetus is a person within the meaning of the Fourteenth Amendment. The Constitution does not define "person
Page 88 - The decision here to break the term of pregnancy into three distinct terms and to outline the permissible restrictions the State may impose in each one, for example, partakes more of judicial legislation than it does of a determination of the intent of the drafters of the Fourteenth Amendment.
Page 174 - The basic responsibility for providing legal services for those unable to pay ultimately rests upon the individual lawyer, and personal involvement in the problems of the disadvantaged can be one of the most rewarding experiences in the life of a lawyer.