Sunday, October 02, 2005

The Roberts Court

Tomorrow is the first Monday in October. By Constitutional decree, it is the opening of the term of the United States Supreme Court. Since 1986, the court had opened its new term under the guidance of Chief Justice William Rehnquist. Since 1994, the Court opened with the same nine justices.

But this year, it is different. Oct. 3, 2005, marks the beginning of the Roberts Court as John G. Roberts Jr. begins his term as chief justice. Sandra Day O'Connor, who had previously announced her retirement from the court but agreed to stay until a replacement is confirmed by the Senate, will also be on the bench. Roberts was initially been named her replacement.

A handful of cases before the Court this term will show how Chief Justice Roberts will lead the Court. The Associated Press lists several key cases so far:

Abortion: A review of a parental-notification law from New Hampshire that gives justices a chance to make it harder to bring legal challenges against abortion restrictions.

Abortion protests: An appeal involving a claim that an anti-abortion group's protests violated federal racketeering and extortion laws.

Assisted suicide: A test of a unique state law allowing doctors to help terminally ill patients die more quickly. (This case from Oregon is first up -- on Tuesday.)

Campaign finance: Reviews of federal and state limits on campaign spending.

Colleges-military: A case that asks whether the government can withhold federal funds from colleges that bar military recruiters in protest of the Pentagon's "don't ask, don't tell" policy on gays.

Death penalty: The most significant of five death-penalty cases asks when people should get an additional chance to prove their innocence based on new evidence such as DNA.

Disabled inmates: A federal-powers case that will decide whether states and counties can be sued for not accommodating disabled prisoners.

Religious tea: A case that asks whether federal drug laws trump church members' constitutional rights to use hallucinogenic tea in services.

Student loans: An appeal that will decide whether the federal government can seize a person's Social Security payments to pay off student-loan debts.

With these cases, John Roberts and eight other justices will have a chance to change the face of American law. The X-factor remains the unknown apointee to replace O'Connor and when President Bush will name that replacement as well as when he or she is confirmed. O'connor's vote only counts in cases she votes on and are completed before she leaves service. Since she is often a fifth swing vote, that could mean a 4-4 vote in a cse, which would be returned to the lower court, whose ruling would stand.

Stephen Breyer, currently the junior justice, gave an exclusive -- and exceptionally rare -- interview to George Stephanopolis of ABC-TV's "This Week" where Bryer talked about the Court and how the public should be involved with it. He laid out his views in a forthcoming book called "Active Liberty."

This is the most exciting year in the Supreme Court in at least a decade both because of the justices and because of the cases before the court. It is the first Monday in October, and this year, people are noticing.

-- Wenatchee, Wash.

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