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Judges as Policymakers
The Establishment of Judicial Power
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abortion action admissions program affirmative appellants application apportionment basis capital punishment classification conclude concurring Congress constitutional right constitutionally crime criminal cruel and unusual death penalty death sentence decision defendant desegregation determine discrimination dissenting District Court Due Process effect Eighth Amendment enacted Equal Pay Act Equal Protection Clause fact fair trial federal fetus Fourteenth Amendment fundamental funding Furman Georgia guarantee Hyde Amendment imposed interest issue judgment judicial judiciary jurisdiction jurors jury Justice Brennan legislative legislature majority minority murder Negro offense opinion person petitioner policymaking political pregnancy present pretrial principle prior restraint problem proceedings prohibition public schools purpose question race racial racial segregation rape reapportionment reason remedy require result Roe v Wade school authorities school board school district school system segregation Sixth Amendment standard State's statute statutory substantial Supreme Court Texas tion Title VII trial judge violation vote