Double Standard Analysis

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http://www.jstor.org/stable/2148237 http://books.google.com/books?id=9g-ZfWRioTcC&pg=PA193&lpg=PA193&dq=stone+on+judicial+double+standard&source=bl&ots=P77roZesB1&sig=CBGxx1g5QSjQ_WugQvBFc2rbrss&hl=en&sa=X&ei=Qfh6T9G3HIHs2AXPw4icAw&ved=0CDoQ6AEwAw#v=onepage&q=stone%20on%20judicial%20double%20standard&f=false In Chapter Two, Abraham and Perry trace the evolution of what they call the “double standard.” By “double standard,” they mean of course that the Court has developed one standard for analyzing economic cases and another for non-economic cases. Since 1937, the Court has been deferential to governmental regulation of economic affairs, thus affording minimal protection for economic rights,…show more content…
In a series of cases the Court held that states cannot make marriage between people of different races a criminal offense; that the states must allow criminal defendants access to favorable witnesses and, in felony cases, must give them the right to demand a jury trial; and that desegregation of public schools must be immediate, not gradual. In these and similar cases Chief Justice Warren was consistently joined by Associate Justices Black, Douglas, Brennan, Fortas, and Marshall. However, by 1968, there were portents of…show more content…
Having just lost a close presidential election and having suffered the trauma of the Fortas scandal, the Democrats were not about to rubber-stamp any choice that the president might make. More-over, the Democrats commanded a clear majority in the Senate and thus had the potential to block confirmation of any nominee. Nixon's first choice was Clement F. Haynsworth, Jr. He came from a distinguished family of South Carolina lawyers and jurists, and for some years had been a judge on the Fourth Circuit Court of Appeals in Richmond. However, his nomination had opposition from the beginning. Being a conservative southerner, he was viewed with suspicion by the civil rights movement, and organized labor felt that he was too management oriented. Compounding these political problems, while on the bench Haynsworth had been involved in a case where one of the parties did business with a company in which he had a financial interest. On another occasion, prior to release of a favorable decision for a large corporation in a relatively minor lawsuit which he heard on appeal, Haynsworth had bought some stock in the corporation. While similar conflicts of interest could be attributed to many other judges, the ethical charges hit a particularly sensitive nerve in the wake of the Fortas resignation. Haynsworth's opponents successfully used all these issues to deny confirmation. The Senate, now deeply divided ideologically, refused
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