Current Court Transition 2012

1. Current Court Transition2012 Rehnquist to Roberts

2. ROBERTS COURT 2005-PRESENT A Balanced but Conservative Court?...5-4 Decisions in Many Major Cases REHNQUIST COURT 1986-2005 Court Members stayed same from 1994 until 2005 Activist Liberal Loose Constructionist Swing Voter Moderate Centrist Restraint Conservative Strict Constructionist Stevens Souter Ginsburg Breyer-’94 Stevens Ginsburg Breyer Sotomayor-’09 Ginsburg Breyer Sotomayor-’09 Kagan-’10 Roberts-Chief Scalia Thomas Rehnquist-Chief Scalia Thomas Roberts-Chief Scalia Thomas Alito… “Scalito” O’Connor Kennedy Kennedy Roberts • Transition to the Current Court: • 2005--O’Connor expresses her desire to Retire—husband has Alzheimers& needs constant care • John Roberts is nominated to replace her • Sept 2005—William Rehnquist dies over Labor Day Weekend—Bush announces Roberts to replace Rehnquist as Chief • --Continue Conservative Leadership (former Rehnquist clerk) • O’Connor agrees to stay on until Bush can find a suitable replacement • ---Bush nominates Samuel Alito…conservative…nickname “Scalito” • 2009—Souter announces his retirement (didn’t like the Washington life)—Obama gets first appointment within 6 months of becoming President—What type of Justice will he appoint?.... • --Sonia Sotomayor: first Latino in history • Spring 2010—John Paul Stevens announces his retirement—Obama 2nd appointment in two years—Influence future of the Court?.... • --Elena Kagan: single, white, female—puts 3 females on Court for first time in history • Current Court—Major decisions are left to single Swing Voter—ANTHONY KENNEDY—”Kennedy Court”….WHO IS NEXT TO GO????...IT MATTERS WHO YOU VOTE FOR!!!!!! (Why we Studied Court History for 3 weeks)

3. ROBERTS COURT • Roberts has shown to be a more conservative Chief than Rehnquist • Equilibrium still exists on Roberts Court • Bush was able to even up blocs with replacing swing voter O’Connor with very conservative Alito • Obama 2 appointments for two liberals • Kennedy is the lone swing voter-”Kennedy Court” • Rehnquist Court (Judicial Supremacy) settled most high profile issues in their 11+ years together leaving few major challenges during these early Roberts’ years

4. ROBERTS COURTmost conservative court in modern history

5. ROBERTS COURTJustices and How They Vote

6. Roberts CourtMajor Decisions So Far • Gonzales v. Cahart (2006) • Upheld ban on partial-birth abortions • Privacy Rights • FEC v. Wisconsin Right to Life (2007) • Loosened restrictions on campaign advertising • 1st Amendment-speech • Graham v. Florida (2009) • Juveniles could not be sentenced to life without parole for any crime short of homicide • Criminal Defendant Rights • Salazar v. Buono (2010) • Cross built on federal land to honor war victims; cross could stay but sent back to lower court • Religious Rights • Citizens United v. FEC (2010) • Prevented restrictions of political donations by corporations and unions-Super PACs • 1st Amendment-speech

7. Roberts Court2011-2012 term • This is predicted to be the most high profile term of the Roberts Court….some major cases upcoming: • Dept. of Health and Human Services v. Florida • Obamacare challenge • FCC v. Fox TV • “indecent” speech on radion/TV—unconstitutional? • US v. Jones • GPS Tracking devices on cars without warrant—public streets • Court ruled using 4th Amendment police can’t use GPS tracking w/o warrant • US v. Alvarez • Free speech case—can a person lie about receiving military awards • Florence v. Board of Chosen Freeholders..(NJ) • Prison strip searches for non-suspicious reasons • Maples v. Thomas • Death row mistake • Arizona v. US • AZ challenging appeals court saying their illegal immigration law is unconstitutional • Fisher v. Univ. of Texas Austin • Affirmative action case (Court will hear this in Oct/Nov.—next term—election season!) • Gay Marriage challenges (next term probably)