He stated unequivocally his belief that "she was suffering from dementia" on January 12 and March 3, the days when two of the will amendments at issue in the case were signed.
The other petitioners in the case also see a First Amendment right at issue.
"We distinguish appropriate prophylactic legislation from substantive redefinition of the 14th Amendment right at issue," Chief Justice Rehnquist said on Tuesday.
The question of the private enforceability of the Buckley amendment is also at issue in another case now before the court.
The First Amendment is not, however, at issue, said Michael Godwin, a policy analyst at the Center for Democracy and Technology in Washington, since "the First Amendment is a restriction on government action" and not on the actions of private companies like Yahoo.
" Judge McLaughlin, citing the First Amendment, wrote, "The question at issue is whether there is a right of access to this proceeding (arbitration) which is violated by the confidentiality requirement of the law and implementing rules".
Decisions protecting individual rights may be said to be liberal, too, but many political liberals would reject that characterization where the First Amendment rights of rich campaign contributors or the Second Amendment rights of gun owners are at issue.
At the same time, Mr. Schneider said, "There are important First Amendment issues at play here".
At issue is an amendment passed by Congress last fall, sponsored by Senator Robert Byrd, Democrat of West Virginia, that changed the law barring the sale of foreign goods at prices below their cost of production in American markets.
"Our prior cases recognize that where the protection of children is at issue, the First Amendment poses a barrier that properly is high, but not insurmountable," Justice Breyer said.
