Not exact matches
For now, it is enough to observe that
JUSTICE STEVENS» suggestion that any Member of this
Court has repudiated in this case his or her previously expressed views on the subject, post, at 249 - 253, 256 - 257, is incorrect.
This explicit statement makes it unreasonable to assume that the reach of the California
court's judgment can be limited in the manner suggested by MR.
JUSTICE STEVENS.
MR.
JUSTICE STEVENS delivered the opinion of the
Court (Parts I, II, III, and IV - C) and an opinion in which THE CHIEF
JUSTICE and MR.
JUSTICE REHNQUIST joined (Parts IV - A and IV - B).
When objections to peremptory challenges were brought to this
Court three years ago,
JUSTICE STEVENS agreed with
JUSTICE MARSHALL that the challenge involved «a significant and recurring question of constitutional law.»
JUSTICE STEVENS does not cite, and I am not aware of, any case in this
Court's nearly 200 - year history where the alternative grounds urged by respondent to affirm a judgment were then seized upon to permit petitioner to obtain relief from that very judgment despite petitioner's failure to urge that ground.
JUSTICE STEVENS apparently believes that this issue is properly before the
Court because «the party defending the judgment has explicitly rested on the issue in question as a controlling basis for affirmance.»
JUSTICE STEVENS concedes that reargument of this case «might enable some of us to have a better informed view of a problem that has been percolating in the
courts for several years.»
JUSTICE STEVENS» proffered explanation notwithstanding, see ante at 109 (concurring opinion), I am at a loss to discern how one can consistently hold these views and still reach the question the
Court reaches today.
JUSTICE BRENNAN announced the judgment of the
Court and delivered an opinion, in which
JUSTICE MARSHALL,
JUSTICE BLACKMUN, and
JUSTICE STEVENS join.