Tom Goldstein at SCOTUS Blog offers a preview of the upcoming Supreme Court docket and raises some serious concerns for conservative-leaning Americans:
I am not trying to rewrite the history of the past Term, which in fact concluded almost uniformly with significant victories for the right. Instead, my point is that the characterization of this Court is part caricature and is deeply dependent on the near-accident of the particular cases that are decided in any given Term. Although the era in which true liberalism was an ideological force on the Court (e.g., Brennan, Marshall, and Douglas) is now over, this is manifestly not a period of conservative hegemony. Like Justice O'Connor, Justice Kennedy's commitment to any ideological world view is too fragile for either wing of the Court to have genuine confidence in the outcome of an entire Term's worth of cases. And moreover, many important cases are not decided on ideological grounds or by five to four majorities.
There is in fact the genuine prospect that the Court will hold (potentially by a five-to-four vote each time) that the government may ban the possession of pistols (possibly guns altogether, if [they find that]there is no individual Second Amendment right), that child rapists cannot be executed, that certain federal legislation regulating child pornography is unconstitutional, that the Administration's treatment of alleged terrorists is unlawful, and that sentences for crack cocaine should be reduced.
Goldstein's post lays out the reasoning behind his opinion that all five of these cases could be decided in favor of the liberal position on them. If they are, it would be, as Goldstein asserts, a boon to the Republican presidential candidate who would surely campaign on the need to appoint more conservative jurists to the Court as Stevens and Ginsburg retire.
HT: PowerLine
