Turning Back The Hands Of Time?

The Supreme Court gets back into the swing of things today
and it looks as if race relations could be set back thirty years.
How so you say? Well Justice Anthony Scalia could now be a
major shot-caller and he's always dissented on issues of
affirmative action and has called for a ban on the use of race
as a decision-making factor by government agencies, public
universities and other public schools. So just be ready to call
on your neighborhood congressman when the race issue
doesn't go our way. Read on.


It has been two decades in the making, but this is the year Justice Antonin Scalia, the Supreme Court's most outspoken dissenter, could emerge as a leader of a new conservative majority.Between now and late June, the court is set to hand down decisions in four areas of law — race, religion, abortion regulation and campaign finance — where Scalia's views may now represent the majority.

In each of those areas, the retirement of centrist Justice Sandra Day O'Connor and her replacement with Justice Samuel A. Alito Jr. figure to tip the court to the right. That would give the 70-year-old Scalia the chance to play a part that has largely eluded him: speaking for the court in major rulings. Scalia does not see shades of gray in most legal disputes; instead, he favors clear rules and broad decisions. A series of broad-brush rulings could put Scalia's stamp on some key American social issues.

A Scalia-led majority would move to outlaw the use of racial guidelines to achieve integration, allow a greater role for religion in public life, more tightly regulate abortion, and strike down campaign-funding laws seen as constricting free speech. It is a prospect dreaded by liberals, and eagerly awaited by many on the right."I'm looking forward to the next 10 to 12 years," said Terry Eastland, the publisher of the conservative Weekly Standard. Though his majority opinions have been few, Scalia has been anything but silent in his long career.

His influence has been considerable, especially for a generation of lawyers inspired by his championing of "originalism" — strict adherence to the original meaning of the words in the Constitution. "Justice Scalia has had a bigger impact off the court than on it," said law professor Michael Gerhardt of the University of North Carolina.

"In his speeches and his opinions, he is trying to reach a wider audience." Scalia does not grant media interviews, but in recent years he has spoken regularly at colleges and law schools, and he rarely fails to make news with an off-the-cuff comment. When asked to explain his role in the Bush vs. Gore decision that halted Florida's recount in the 2000 presidential race, his standard rejoinder is: "Get over it."




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