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abortion action activities add to fn Amendment AMER appellant appellees applied appointment Appointments Clause Attorney Blackmun Brennan burden capital punishment casino gambling challenge claim Commerce Clause Comptroller conclude concurring conduct Congress constitutional constitutionally corporations Court of Appeals creation science criminal death penalty decision defendant discrimination dissent District Court doctrine effect Eighth Amendment employer equal protection Equal Protection Clause ethanol evidence executive exercise fact fairness doctrine federal fetus Fourteenth Amendment Georgia gerrymandering governmental homosexual imposed independent counsel individual interest invalid issue joined judgment judicial jury Justice legislative legislature limited material McCleskey McCleskey's ment O'Connor obscene officer ordinance party permit persons petitioners picketing political pornography present President prohibit prosecutor Puerto Rico purpose racial reason regulation Rehnquist religious removal respondent restrictions RTS & LIB S.Ct Scalia sentencing sodomy speech State's statute Stevens substantial T]he tion unconstitutional violation vote