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Show Serials Order Department University of Utah City 84112 IVEsiffiii am X V SALT LAKE CITY, UTAH VOLUME 17, NUMBER 181 FRONTIERO bt vie v. RICHARDSON, SECRETARY OF DEFENSE, APPEAL PROM et al. THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA No. 71-16- 94. Argued January 17, 1973 Deckled May 14, 1973 A married woman Air Force officer (hereafter appellant) sought increased benefits for her husband as a dependent" under 37 U. S. C. 401, 403, and 10 U. S. C. 1072, 1076. Those statutes provide, solely for administrative convenience, that spouses of male members of the uniformed services are dependents for purposes of obtaining increased quarters allowances and medical and dental benefits, but that spouses of female members are not dependents unless they are in fact dependent for over one-ha- lf of their support. When her application was denied for failure to satisfy the statutory dependency standard, appellant and her husband brought this suit in District Court, contending that the statutes deprived servicewomen of due process. From that Courts adverse ruling, they took a direct appeal. Held: The judgment is reversed. 14; Pp. 341 F. Supp. 201, reversed. 5-- 14; - Mr. Justice Brennan, joined by Mr. Justice Douglas, Mr. Justice White, and Mr. Justice Marshall, concluded that 37 U. S. C. 1072, 1076, as inherently 401, 403 and 10 U. S. C. suspect statutory classifications based on sex, are so unjustifiably discriminatory as to violate the Due Process Clause of the Fifth Amendment. Pp. 4. Mr. Justice Stewart concluded that the challenged statutes work an invidious discrimination in violation of the Constitution. Reed v. Reed, 404 U. S. 71. P. 14. Mr. Justice Powell, joined by The Chief Justice and Mr. Justice Blackmun, while agreeing that the statutes deprive servicewomen of due process, concluded that in the light of Reed v. Reed. 404 U. S. 71, and the fact that the Equal Rights Amendment has been submitted to the States for ratification, it is inappropriate to deckle at this time whether sex is a suspect classification. Pp. . 5-1- . Brennan, J., announced the Courts judgment and delivered an opinion, in which Douglas, White, and Marshall, JJ., joined. Stewart, J., filed a statement concurring in the judgment. Powell', J., filed an opinion concurring in the judgment, in which Burger, C. J., and Blackmun, J., joined. Rehnquist, J., filed a dissenting statement. Court (UPI)-Supr- eme prognosticator Harold J. Spaeth, whose computer had a perfect year last term, predicts the Supreme Court will take the side of President Nixon in the battle of the tapes. The Michigan State University political science professor began predicting the outcome of Supreme Court cases in the spring of 1970, not long after the court began to take on a more conservative image under Chief Justice Warren E. Burger. He had only limited success, at first because of the lack of available data on the new Court structure that he could feed his trusty computer. But since the beginning of 1971, Spaeth has correctly predicted the outcome of 44 out of 44 cases before the Court. By David L. Langford ORLANDO, FLA. (UPI) judge, wearing a van dyke goatee and cowboy boots, was glaring through amber-tinte- d glasses at the youth slouched before the bench with a toothpick stuck in a corner of his mouth. The next time I see you, you're going to be the recipient of my toothbrush policy, Municipal Court Judge Robert L. Hamilton told the youth, who was up for his ninth traffic offense in two years. "That means bring your toothbrush, because youre going straight to jail. And if that doesnt impress you,, come back again and Ill put you isider the jail." It was a typical day in traffic court for Hamilton, a Vietnam veteran who put on the black robes of a judge last fall and quickly built a reputation for stiff sentences delivered with caustic wit Last month, Hamilton sent a furniture salesman to jail for 20 days because he wasn't in the courtroom when his name was called on a traffic violation. The talesman had gone down the hall to the restroom. "But-thawas his second bench young . - The pistol-packin- g t warrant," Hamilton said. f,How - tics. The judge, who won a Bronze Star as an army sergeant stationed in Long Binh, Vietnam, in 1970, said his life had been threatened several times and once He had to take his two children out of school under a police guard because of a bomb threat. Before going into the courtroom each morning, he straps a stainless steel .25 caliber pistol underneath robes. "Im not easily frightened, but one thing I learned in Vietnam was to be prepared," he said. "Last week a defendant climbed over the bench and threatened to blow my head his Supreme Court Decisions betting on decisions I Supreme Court could put out a line." Scrutiny Judge Finds No Cause NEW - LANSING, MICH. (UPI) Atty. Gen. Frank J. Kelley says he has intervened in. a court case seeking an immediate end to the Nixon administration's withholding of federal water pollution control funds. The lawsuit in the U.S. Eighth Circuit Court of Appeals in St. Louis, Mo., was originally started by the Stale of Minnesota against the Federal Environmental Protection Agency. Kelley said the impoundment issue is crucial to Michigan because about $1.8 billion is needed in the 1970s to build waste water treatment facilities. Congress has set aside $980 million for Michigan for 1973-7- 4 but because of the impoundment Michigan may get only $481 million, he said. "I have learned to see and hear everything that goes on in that courtroom, he said. "There are all kinds of weapons out there. Ive even caught a man with a machete in his boot. One day Hamilton had his bailiffs search a man with a bulging coat. There was a gun all right. He was an FBI agent "What have they, go to lose? Hamilton asks. I know some are mentally unstable or under the influence of drugs. That doesnt help me if they decide to blow my head off. A native son of Orlando, Hamilton graduated from Stetson University, then in 1971 got a masters degree in law at the University of Miami on the GI bill. He was in private practice only briefly before becoming assistant city attorney in Orlando in 1971. He later became city prosecutor and was a police legal adviser last off." NOTember when he was named the when normally about 250 persons are packed into the courtroom to await justice for traffic offenses, Hamilton keeps an bulges in eye out for tell-tal- e ' clothing. e municipal judge city s first at a salary of (23,358 a year. On Wednesdays, Spaeth is making no attempt to Spaeth has an 82.9 per cent the exact vote of the curacy rating when it comes to Justices in the case involving predicting the performance of the Nixons refusal to release the individual Justices. "Strangely Watergate tapes. He just says the enough, I've had more trouble with majority will come out on the side of Burger than anybody else." He has the President. forecast Burger's vote only 75 per This is kind of a soft prediction, cent of the time, as compared with a based on the past performance of the 92.9 per cent accuracy rating on court. Us reluctance to buck the Justice William H. Rehnquist. other branches erf government," he Spaeth said he earns "maybe $300 said. or so" annually through 9 newspaper column on his predictions and does it more for enjoyment and the intellectual exercise it provides than anything else. "I wish there was some interest in Michigans AG (See details page 4) Joins Challenge Jurist To. Impoundment Woman Prisoner Against YORK (UPI) Chief Judge Court R. Kaufman of the Young Florida Judge, Viet Vet, Runs Taut Ship many times is a judge supposed to put up with that?" A motorcyclist fined $150 for riding his bike without- a license went before the Orlando city council recently to protest that Hamilton was "giving crazy fines for minor offenses, and to ask the council to tac"slow down his pistol-totin- g s Computer Whiz Sees Top Court Backing Nixon By Paul Varian EAST LANSING, MICH. Syllabus FRIDAY, SEPTEMBER 28, 197$ . , SUPBEME COUBT OF THE UNITED STATES V full-tim- Among the momentos in his office are an oversized chess set, a bullwhip coiled on a sofa cushion, a rapier across his desk and a ball and U.S. Irving of Appeals for the Second Circuit, said, September 17, that no action was warranted by the Judicial Council regarding the. conduct of Federal Judge Mark A. Constantino. Kaufman had invited Constantino, on July 10 to respond to newspaper OWEGO, N.Y. (UPI) A New inYork State Supreme Court Justice accounts charging him with has ruled that Mrs. Katherine competence, conflict of interest and underworld connections. Apgar, 21, may keep her newborn having Kaufmans request came after baby with her while she waits in jail had been cleared "of Constantino for her murder trial to begin. W wron8dn by a U.S. Justice Hie Utile girl, born two months ago has been ordered out of the jail Dcpurtuteuf investigation. In his September 17 statement, by Tioga County Sheriff Reuton who said the had Kaufman said the Justice Depart- May Keep Baby In County Jail Beauter, county neither the facilities nor the funds to ment had submitted "no contrary information to the council during care for her. Beauter also maintained that the time since July 10 that Kaufman presence of the child would upset jail operations. He suggested that Mrs. Apgar, the only female prisoner in the facility, be sent to the Chemung Wont Xai,shewanted Justice Richard Block Tax Kuhnen, in his decision, was no need and that the welfare of a child is best served by remaining with its natural parent. Mrs. Apgar, who was pregnant with the child at the time of her arrest, is one of two persons charged with murder in the beating death of an elderly man during an apartment robbery attempt early this year. She was taken to Tioga General Hospital for the birth of the baby, but returned to the jail a short time later. The child has been held in a foster home since her birth. In his decision, Kuhnen said thek baby must be returned to its mother within 10 days. chain in a corner, gifts, he said. A placard on a cabinet reads, "It brft Aether you win or lose, but how you place the blame." Despite the controversy he has sUrred. Hamilton said he has not been pressured by city hall to change his style, "I dont tell the mayor how to run city hall and he doesnt tell me how t0 the court, he said. J. A (UPI) New Jersey Superior Court judge has declined to hear a motion to block the appeal of a New Jersey Supreme Court decision declaring the property tax an unconstitutional means of financing public education, Judge Henry H. Wiley ruled, September, 17, that the motion should be heard in courts in Mercer County since the appeal to the U. S. Supreme Court had been filed by three leaders of the legislature in Trenton. No date for the hearing was set. Wiley ruled on a motion by three TOMS RIVER, N. Democratic legislative candidates from Ocean County seeking an injunction against the appeal filed by Senate Majority Leaded Alfred N. Beadleston, Assembly Speaker Thomas H. Kean, and Assemblyman William K. Dickey, The legislative leaders appealed the mandate by the state's highest court that the present system of education financing public the property tax primarily through was unconstitutional because it failed to provide, a thorough and efficient education for all pupils. |