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Context of 'December 13, 1979: Supreme Court Refuses to Hear Case Challenging President’s Authority to Withdraw Nation from International Treaties'

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The Supreme Court refuses to hear a case brought against President Jimmy Carter by Senator Barry Goldwater (R-AZ) and several other conservative lawmakers. In Goldwater v. Carter, the senators argue that Carter exceeded his authority in unilaterally withdrawing the United States from a mutual defense treaty with Taiwan. Carter took the unusual step in order to recognize the Communist government in mainland China as the US-recognized representative government of China. Goldwater and his fellows argued that Congress, not the president, has the power to withdraw the US from a treaty with another nation. The Court, in an 8-1 decision with liberal Justice William Brennan dissenting, rules that the case is not appropriate for the judiciary, but should be resolved via negotiation and legislation between the legislative and executive branches. Conservative Justice William Rehnquist writes the majority opinion. Congress, controlled by Carter’s Democratic Party, does not address the question of how to properly withdraw the nation from a treaty, and Carter’s action stands. [Savage, 2007, pp. 141-142; Oyez (.org), 6/2007]

Entity Tags: William Brennan, Barry Goldwater, William Rehnquist, James Earl “Jimmy” Carter, Jr., US Supreme Court

Timeline Tags: US International Relations

The US Supreme Court, ruling in the case of Webster v. Reproductive Health Services, gives states significant rights to regulate or constrain the availability of abortions. The ruling splits the Court in a 5-4 vote. The case allows states to restrict the use of public money, medical personnel, or facilities in performing abortions. It upholds a Missouri law that restricts the use of state funds, facilities, and employees in performing, counseling, or assisting with abortions. It adds restrictions to rights previously thought upheld and granted by the Court’s 1973 Roe v. Wade decision (see January 22, 1973). The Missouri law holds that “the life of each human being begins at conception” and “unborn children have protectable interests in life, health, and well-being,” assumptions specifically not granted under federal laws and court decisions. The opinion is written by Chief Justice William Rehnquist, and joined by Justices Byron “Whizzer” White and Anthony Kennedy. Justice Sandra Day O’Connor and Antonin Scalia form the majority vote with concurrent opinions; in his opinion, Scalia lambasts the other justices for not overturning Roe in its entirety. Justice Harry Blackmun joins Justices William Brennan, Thurgood Marshall, and John Paul Stevens in dissenting from the majority verdict. Blackmun writes that the decision can be interpreted to overturn Roe entirely, and writes, “I fear for the future… a chill wind blows.” [Oyez, 1989; Webster v. Reproductive Health Services (No. 88-605), 7/3/1989; FindLaw, 7/3/1989; CBS News, 4/19/2007]

Entity Tags: John Paul Stevens, Anthony Kennedy, Antonin Scalia, Harry Blackmun, William Brennan, Sandra Day O’Connor, Thurgood Marshall, US Supreme Court, Byron White, William Rehnquist

Timeline Tags: US Health Care

Supreme Court Chief Justice William Rehnquist (see September 26, 1986), 80, dies after a ten-month battle with thyroid cancer. He will be replaced by John Roberts (see September 29, 2005), who formerly clerked for him. Rehnquist’s term as Chief Justice marked a “sea change” in the direction of the Court. Former Clinton solicitor general Walter Dellinger says: “It is quite clear that there are three dominant chief justices of American history, and they are John Marshall, Earl Warren, and William H. Rehnquist. I think that there’s just no question that he’s of enormous historical importance.” Conservative law professor and former Reagan Justice Department official Douglas Kmiec, a co-founder of the Federalist Society, says that Rehnquist presided over a “sea change” in the Court, taking it sharply to the right. [National Public Radio, 7/20/2005; Legal Times, 9/5/2005; Dean, 2007, pp. 129-137]

Entity Tags: William Rehnquist, US Supreme Court, Walter Dellinger, John G. Roberts, Jr, Douglas Kmiec, John Marshall, Earl Warren

Timeline Tags: Civil Liberties

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