Acknowledging that more than 90 percent (perhaps as many as 99 percent) of the patients in the facility were Medicaid patients and that the nursing home was subject to pervasive governmental regulation, the Rhenquist
majority nevertheless held "It]hat programs undertaken by the State result in substantial funding of the activities of a private entity is no more persuasive than the fact of regulation of such an entity in demonstrating that the State is responsible for decisions made by the entity in the course of its business" (1004).
Thus it was Rhenquist, writing for a unanimous Supreme Court (8-0;Anthony Kennedy did not take part in the case), who declared, "We must decide whether a public figure may recover damages for emotional harm caused by the publication of an ad parody offensive to him and doubtless gross and repugnant in the eyes of most.
Rhenquist and the other members of the court correctly ascertained that if Falwell had won this case, every political cartoonist, editorial writer and "Saturday Night Live" comedian would be facing lawsuits about how their cartoon or skit that, for example, distorted Ross Perot's big ears, could be subject to hurt feelings awards.
The Jaffee decision recognizing a federal psychotherapeutic privilege was written by Justice Stevens and joined by six other Justices, but a stinging dissent was issued by Justice Scalia, joined in part by Chief Justice Rhenquist
Coleman is proof that even under the narrow standards set by the Rhenquist
Court, prisoners can successfully challenge their conditions.
Supreme Court Chief Justice William Rhenquist
, "we would have published as much as we could get our hands on," he added.
Thus there is no majority opinion, only the Rhenquist Plurality.
Instead, Chief justice Rhenquist moves immediately to Roe's treatment of state interests, and asserts that the trimester test must be abandoned because "the key elements of the Roe framework-trimesters and viability-are not found in the text of the Constitution.
In recent years, Chief Justice Rhenquist
, the federal judiciary, and the American Bar Association have criticized the continued federalization of criminal law through congressional legislation.
Two justices--Chief Justice Rhenquist
and Justice Scalia--dissented, with Scalia writing the dissenting opinion.
Now the Senate trial presided over by US Chief Justice William Rhenquist
could last several months and hear evidence from Monica Lewinsky and Special Prosecutor Kenneth Starr,who has been accused of hounding the President.
110) Justice Thomas was joined by Chief Justice Rhenquist
and Justices O'Connor, Scalia, Kennedy and Souter.
Boren, Justice Rhenquist
declined to join the court in elevating sex to "intermediate" level scrutiny:
, joined by justices O'Connor and Thomas opined that the focus of the Blockburger analysis should be on the statutory elements of the offense charged, and not on the facts that must be proven under the particular court orders in question as contended by justices Scalia and Kennedy.
200) See supra note 123 and accompanying text (discussing the views of Chief Justice Rhenquist
and Justices O'Connor, Scalia, and Thomas).