Swing votes inject suspense into new term; two justices are key to outcomes of federalism, free speech, other issues
Article Abstract:
The US Supreme Court's 1996-97 term contains many important issues and shows the importance of the often swing votes of moderates Justices Sandra Day O'Connor and Anthony Kennedy. Issues include possible violation of federalism by the Brady gun-control law; possible violation of free speech rights by abortion clinic buffer zones and state adoption of English-only laws. The infamous Paula Jones case against Pres Bill Clinton also comes before the high court, the issue being whether a lawsuit against a sitting president violates the separation of powers clause.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1996
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Jury case may spark more suits; others could ask for challenge protection
Article Abstract:
The US Supreme Court justices held in Georgia v McCollum that criminal defendants and their lawyers cannot strike possible jurors just because of their race. The equal protection clause of the 14th Amendment only prohibits discrimination based on state action, not private discrimination. However, the court held that when private litigants aid in jury selection, they serve an important governmental function and act with the government's substantial aid. Further litigation over use of peremptory challenges is expected.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1992
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Juror strikes considered, again
Article Abstract:
The Supreme Court was asked Feb 26, 1992, to consider the right of defense attorneys to strike jurors without restriction. The case, Georgia v McCollum, revolves around a racial hate crime against two black plaintiffs. . Georgia claims the defense sought to use the 20 peremptory challenges to keep blacks off the jury. The defense holds that the right to an impartial jury and the adversarial relationship between a criminal defendant and the state are at issue, not race.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1992
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