Sunday Gazette-Mail from Charleston, West Virginia on June 30, 1974 · Page 16
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June 30, 1974

Sunday Gazette-Mail from Charleston, West Virginia · Page 16

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Charleston, West Virginia
Issue Date:
Sunday, June 30, 1974
Page:
Page 16
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Page 16 article text (OCR)

High Court Liberalism Fading? WASHINGTON lAP) -The Supreme Court, ending its 1973-74 term facing an historic- ruling on the powers of the presidency, appears to have turned in the direction of strict constructionism, a goal sought by President Nixon. The term just ended, with the sole exception of the upcoming Watergate-related case, marked the first in which Nixon's four appointees served a full term together. The four banded together 100 times out of 142 cases on which decisions were handed down. Whenever the four justices agreed, they were always able to muster a majority.' The court continued to curtail or refused to extend broadened protections for criminal defendants which it laid down in the 1950s and early 1960s. In this area at least, President Nixon appears to have turned the court in the direction he indicated he wanted when he promised to appoint "strict constructionist" justices. In other fields, notably in m a t t e r s a f f e c t i n g First Amendment guarantees of freedom of speech and of the - press, the Nixon court has . been more liberal this term than some critical observers had expected. In women's rights, it has come up with mixed results, requiring employers to root out past wage discrimination against women workers but refusing to require the coverage of normal pregnancy in state disability programs. THE COURT avoided or delayed ruling in its two biggest cases affecting racial minorities. It turned aside as moot a challenge to law school admis- ' sions policies which gave preference to minorities, citing · the fact that the student chal- -: lenging the policies had been ;: admitted under court order · and would soon graduate. The ·- "question, which could also af- ; feet "affirmative action" pro- vgrams in industry and else- 1-where, is considered certain ~,Ito come up again. - - A n appeal from a lower court order approving cross..--..^district busing in the metro- j politan Detroit area was left ' - Ranging as the court disposed .'u t)f virtually all its pending cas- '..-Jes last week. It could be decid- i*ed when the court returns July -,~8 or put over to next term. If ^"approved, cross-district bus- j-ing,could be a major tool in * ."desegregating northern big- ,s.-city'schools'. ''II The court's scheduled busi- ;*ness for July 8 is a hearing on s"the President's efforts to Shield White House tapes and ;-papers from Watergate prose* Jutors on the basis of execu- I-tive privilege. The same ques- *lion was in the courts at the ·-beginning of the term last Oc- ober, but was never appealed ilo the Supreme Court. In: itead. it was resolved with the ^firing of the then Watergate prosecutor, Archibald Cox. IBut when it came up again, * 'Cox's successor, Leon Jawor- ;iki, persuaded the court to v-consider it on a speeded-up .·'basis. t v In the criminal law area, j»the:court thrice either cut 7.1back'or refused to expand the Bright to legal counsel. *-'Z ' It said poor defendants who *have been supplied with free -Ilawyers to appeal their cases ,I;and have lost are not entitled *4o another free lawyer to appeal again. ;: - It said states may require - : ~indigents who have received ".' -free counsel to pay the state - Iback when they are able to do ". -so. I And it held that prison authorities need not permit in:. mates to have lawyers with '· Hhem during disciplinary " -hearings. -; '· * * * ; : IN ANOTHER ruling on ·' .criminal law, the court held ''. 'that police, who were given - -the key and claim check to a " 'car under protest during an ; arrest, were within their - frights in going to a parking lot . -later and seizing evidence "· :from the car. The decision ..' -was sharply at odds with rul- Ijngs of a few years ago interpreting the constitutional ban ; on "unreasonable search and -^seizure." ~ "· In dealing with free speech. Ithe court held that a state cannot prohibit a person from displaying a peace symbol on a U.S. flag on his private prop- ."erty. It also struck down a ', ^Massachusetts law against - ^contemptuous treatment of - 'the flag and a New Orleans or* dinance against reviling pol- * jce in the performance of ' their duties. . Newspapers scored a major victory when the court unanimously ruled that states may not require them to provide free space to political candi- ".dates to answer editorial attacks. Such laws, in effect in .Florida and Mississippi and being considered nationally. ."were held an unconstitutional -infringement on freedom of 4he press. Tfce uiMl reW, UMt MK* * ·* ·" * cojttsututioaal right to interview prisoners. It also changed the libel rules to make it easier for private individuals to sue. Despite last term's efforts to lay down all-embracing rules in obscenity cases, the issue still dogged the court. It ruled uaanimottsly that the critically praised movie "Carnal Knowledge" was not obscene. But it failed to lay down precise guidelines for what is obscene, and the flood of obscenity convictions submitted for review is expected to continue. Veteran Justice William 0. Douglas retailed his title as the court's champion dissenter, either writing or joiaiBg 61 dissents. Justice Lewis F. Powell Jr., the next to junior member of the court in years of service, had the least dissents. He was on the minority --AP Wirephoto COURT TURN TO 'STRICT CONSTRUCTIONISM' SEEN Justices Are (From Top Left) William H. Rehnquist, William 0. Douglas, William J. Brennan Jr., Warren E. Burger, Thurgood Marshall, Potter Stewart, Harry Blackmun, Lewis F. Powell Jr. and Byron R. White. DOWNSTAIRS STORE LOW, LOW PRICES... EVEWV DAV X MEN'S SUITS 39 and '48 59.98 and 69.98 Hurry on down to Stone's and get in on our big suit sale 1 You'll love the Quol''y. tailoring ond nondsome styling you II find in our big big collection of M SiJ.ts *or .,·"·· rrpr All n *hp latest sjrrTipr r o ' o r s 'C br-Q'"'?'" ( ^O' Afj"! r oh'? 8..." 'n""p "0'''. *o r the best sele*'0" At th?,e ( Q ^ io^ ^'e p - ' c e ^ .. , .,»-.,, fi ,~,- · ,, t t ! 0 n a 5, 7e , 3 O to 46 «'th b h - o r ' rpQ.,1-': -TMi c-'a 1 - '"e SPORT COATS MEN'S KNIT PANTS PEG 5 ?? 4 r·" -- ~ 4 +.-**· ^*Af '*·" side «ftly 11 times. * * « DOUGLAS, WHO during the term set the court's record for years of service, was joined in dissent 35 times by the two other most liberal justices, William J. Brennan and Thurgood Marshall. On the whole, it has been a term short o-i drama and historic decisions -- at least so far. Summing it up, one Wash- ingtoi. lawyer who makes a careful study of the court said: "It was as tough they breathed a sigh of relief at having gotten rid of the biggest problems lying around, such as obscenity and abortion, and decided it would be an easy working term with just a couple of big issues. And then one day. Mr. Jaworski walked in the door." It* fefer d Avic*iofl Ad»»str*«» (FAA) is prcporag ruks to protect *he liw onUnoub trow being smashed or s»o*fe- «r«d xt Sights in fee Cargo Sections of Aircraft. The FAA w$ take pubk comments, so pfeo.se write: The FAA said the proposal could become regulation after receiving public reaction. If you have friends or relatives working in cargo departments at an airport who would like to help, have them contact. Please Care for Our Fe//ow Creatures Pod for by private contributions iOW SHOP MONDAYS AND FRIDAYS 10 TO 9 OTHER WEEKDAYS 10 TO 5 :§ ·X PRE HOLIDAY I SPECIAL! | SASSIES CULOTTES J IN MISSES AND HALF SIZES I 7.59 MANUFACTURERS SUGGESTED RETAIL 15.00 EACH Just perfect for the 4th of July picnics and outings! We have a great selection of colors in prints and solids. The sassy outfits have coordinated or matching separate shorts. We show just two from our collection, all machine washable and dryable for easy care. So come early and enjoy the savings. DAYTIME DRESSES-Street Floor 1 I smw^^ SAVE NOW ON AIRWAY FANCY CASUAL CANVAS LUGGAGE REG. SALE 18" Overnight ..'.;.:'.'....:. '1'9jOO"- 12.0021" Weekender 22.00 14.50 24" Wardrober 26100; 17.50 42" Garment B a g . . . . . . ; . . . 24.00 . 16.00 , Fancy Free casual canvas luggage is loaded with features like construction of blended canvas cloth, vinyl reinforcement for strength and water proofing. Contrasting heavy duty vinyl trim accents its good looks. Heavy duty zippers, nylon stitching and extra large head rivets for added strength. Red and Blue. LUGGAGE-- Mezzanine %S^S:m283££g^ I I CRAWFORD OUTDOOR REPLACEMENT CUSHIONS SALE PRICED I ·B 1 6 pc. GJider Set 66"...... 3 DC. Glider Set 65"....., REG. SALE 28.00 22.39 46.oo 39.99 3 pc. Glider Set 54" ......... 40.00 34.M 2 pc. Metal Glider Set 53 16 "... 1 0.00 COMPARE AT Redwood Chaise ............ 22.00 Redwood Chair ............ 16.00 8.99 SALE ' 1 6.99 1 1.99 I If that fun-in-the-sun furniture is looking a little old come to Stone and Thomas for the latest in replacement cushions. All are supported plastic that wipes clean with a damp cloth. Durable for years of use and beauty. Available in green floral daisy design. GAS GRILL RAIN COVERS REG. 6.00 4,99 REPLACEMENT CUSHIONS-Fourth Floor

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