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The Press. (Cortland, N.Y.) 1972-1990, October 09, 1987, Image 5

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The Press/l'rida~, October 9. 1987/FIVE Supreme Court·· ::::::::::::::::::::::continued from page one :=:=:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: It has already accegted 91 cases to review finds of lower judicial tribunals and sustain them, overrule them, or return them for further study. Others will be added early in the term. I In the past few years, a moderate-t o-conserv at ive panel has often split 5 to 4, especially on key social and criminal-justice questions. Many believe that another conservative justice would tip the scales in an opposite direction than Powell did - especially on abortion, affir- mative action and school prayer. Others are not so sure. University of California law dean Jesse Choper, a First Amendment specialist, pointed out that there were \wide predictions of the sharp turn to the right\ with the appointment of Associate Justice Antonin S~.:alia a year ago. \Scalia wa'> more con- -.i!.tently comervative than [former Chief Jw.tice War- ren] B11rger, hut there were no major ~hange'> tn ruling-,,\ Chopper '>aid. \Hor~ ·.., imrortan~.·e j-, mu~h merblov.n.\ he -,aid. \Without Pov. elL there \\ill be '>llllle more -.,ignificant challt,!L\'· hut Jll1t \\ lwk-,ak \ one\. A rnajo1 ~·uncern of liheral\> and Bor\-. opponent\ ha\> he1.'ll that the pntential Ill'\\ lll'tiCC \\OUIJ \ll(C Ill ,trl\-.1.' Lhm 11 impnrlant rul- Ing..., in the \f1JJ\LIC~ .. <trea- particular!~ 1h11'c that uplwld a v.nman'-., r1ght t11 ha\e an ahortitHl. \ien. Orrin Hatch (RI ot Utah, a member of the Senate Judiciary Committee and staunch Bork supporter, insisted that the nominee is a \disciple of stare decisis\ (a legal principle that leans heavily on precedent or past decision in formulating new rulings). \If you think he will automaticaly overrule Roe v. Wade, you don't know Bork very well,\ said Hatch. Roe v. Wade is the landmark 1973 abortion decision that allows free choice in the first trimester of pregnancy but also permits state regulations governing abortion after that. Choper said that \three are still not the five votes on- the court needed to overule Roe.\ He added, however, that there now may be the majority necessary to uphold the constitutionality of cer- tain state re!->trictions on abortion. The ju~tices, in early November, will have an op- portunity in an Illinois case to test the legality of state law!. that require a \waiting period\ to inform rarents before a legal abortion may he performed on a teen-age girl. I hi-, \\CCI-., the court will hear a L'a'>e lrorn NC\\ Jer~ey llll another high I~ \ l)latile ~~~ue, -.dwol pra:.cr. The iu..,tice\ \\ill \\eigh thc validi- t\ ut a 19~2 -.,taiL' Ia\\ requir- i;l~ that puhli~· 'clwnl~ per- mit -,tudcnl In 11h-.ene nne lllllllll \for pri\atc com- kmpbt iun and int nhrec- 111 lll. ( 1\ Ji I i bcJtJL'' ~ruu p-. and For Freshman who haven't picked up their Freshman record Please come by the CCSA office in Corey Union >I\\ .til \\ ilittlldll 1\IJ.td . -,1 f,l (.-;-_; c Hl\'.\i lluntington Slalin11. '\ \ 117 u; -FULL SERVICE OTC BROKERAGE FIRMS MEMBER FIRM 30 OFFICES NATIONWIDE CAREER PLANNING Sherwood Capital, Attn; 31 . 33 Walt Whitman Rd. Huntington Station, NY . 11746 those favoring separation of church and state groups in- sist that the \moment of silence\ provision is merely a ''back door\ attempt to get prayer into the classroom. They stress that such an exer- cise is prohibited by a First Amendment ban on religious intrusion into the public sec..: tor. Supporters of the New Jersey law, however point out that, unlike an Alabama statute the justices turned down as \religious in nature,\ this provision makes no mention of church or the nonsecular. Some believe that the decisive vote could be cast by Associate Justice Sajldra Day O'Connor, who has in the past rejected religious exer- cises in the school but has not ruled out the moment-of- silence concept. Another important case in- volves the so-called teenage death penalty. The court has held over the years that captial punishment is not in violation of the Eighth Amendment's ban on that which is ''cruel and unusual.\ It has, however, also invalidated individual death sentences that were af- fected by rac-ial or judicial bias. Some opinion polls show that ev~n proponents of capital p11nishment are tJneasy abollt ex.ecuting those who are underage or com- mited murders when, they were under )g, University of Michigan law professor Yale Kamisar, a criminal-justice specialist, said the teen-age execution issue is .. not central to keep- ing the deatll penalty.\ He said he believes that even a law-and-order-bent court would declare execution of those under 18 unconstitu- tional. P~ter Morenus/The Press Jeff Slein, a freshman health major, brave ... ur1!->ea\onabl:. cold weather to play tennis with a friend yesterday. Pizza Subs Wings 124· (;roto•r Ave. (; o1·tl all tl Open till 2:30 a.m. Fri. and Sat. --------------------- $1.00 off Sheet Pizza with coupon ________________ .... ___ _

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