Sentences with phrase «as justice stevens»

As JUSTICE STEVENS explained in dissent in Ridgway, Congress simply intended:

I therefore write — briefly, in view of the scope of the subject — to place the Commerce Clause in proper historical perspective, and further to suggest that, even today, federalism is not, as JUSTICE STEVENS appears to believe, utterly subservient to that Clause.

Once Fullilove is applied, as JUSTICE STEVENS points out, it follows that the statutes in question here (which are substantially better tailored to the harm being remedied than the statute endorsed in Fullilove, see ante, at 259 - 264 (STEVENS, J., dissenting)-RRB- pass muster under Fifth Amendment due process and Fourteenth Amendment equal protection.

Not exact matches

JUSTICE STEVENS does not explain how his views square with Croson, or with the long line of cases understanding equal protection as a personal right.

JUSTICE STEVENS dissents in part on the ground that § 2 of the Arbitration Act permits a party to nullify an agreement to arbitrate on «such grounds as exist at law or in equity for the revocation of any contract.»

As MR. JUSTICE STEVENS points out, however, ante, at 734, the Commission's order was limited to the facts of this case; «it did not [762] purport to engage in formal rulemaking or in the promulgation of any regulations.»

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.»