A Year at the Supreme Court

by Devins, Neal; Douglas, Davison M.

• ISBN13: 9780822334484
• ISBN10: 0822334488
• Format: Paperback
• Copyright: 2004-11-30
• Publisher: Duke Univ Pr

Summary

The United States Supreme Court's 2002-03 term confounded Court watchers. The same Rhenquist Court that many had seen as solidly conservative and unduly activist-the Court that had decided the 2000 presidential election and struck down 31 federal statutes since 1995-issued a set of surprising, watershed rulings. In a term filled with important and unpredictable decisions, it upheld affirmative action, invalidated a same-sex sodomy statute, and reversed a death sentence due to ineffective assistance of counsel. With essays focused on individual Justices, Court practices, and some of last year's most important rulings, this volume explores the meaning and significance of the Court's 2002-03 term. Seasoned Supreme Court advocates and journalists from The New York Times, The New Republic, The Los Angeles Times, the National Journal, Slate, Legal Times, and Newsweek grapple with questions about the Rehnquist Court's identity and the Supreme Court's role in the political life of the country. Some essays consider the role of "swing" Justices Sandra Day O'Connor and Anthony Kennedy within a Court that divides 5-4 more than any other group of Justices in the nation's history. Others examine the political reaction to and legal context of the Court's Lawrence v. Texas decision declaring a Texas law criminalizing homosexual sodomy unconstitutional. Contributors analyze the Court's rulings on affirmative action and reassess its commitment to states' rights. Considering the Court's practices, one essayist explores the use and utility of amicus curae, or "friend of the court" briefs, while another reflects on indications of an increased openness by the Court to public scrutiny. Two advocates who argued cases before the Court last year-one related to hate speech and the other to a "three strikes and you're out" criminal statute-offer vivid accounts of their experiences. Intended for general readers, A Year at the Supreme Court is for all those who want to understand the Rehnquist Court and its momentous 2002-03 term. Contributors: Erwin Chemerinsky; Neal Devins; Davison M. Douglas; David J. Garrow; Dahlia Lithwick; Tony Mauro; Carter Phillips; Ramesh Ponnuru; Jeffrey Rosen; David G. Savage; Rod Smolla; Stuart Taylor Jr.

Table of Contents

Acknowledgments	vii
The Justices of the Supreme Court of the United States, 2002-03	ix
Introduction
NEAL DEVINS AND DAVISON M. DOUGLAS	1	(10)
ONE A High Court of One: The Role of the "Swing Voter" in the 2002 Term
DAHLIA LITHWICK	11	(22)
TWO Anthony M. Kennedy and the Road Not Taken
DAVID G. SAVAGE	33	(22)
THREE A Revolutionary Year: Judicial Assertiveness and Gay Rights
DAVID J. GARROW	55	(16)
FOUR The Next Culture War
JEFFREY ROSEN	71	(16)
FIVE The Affirmative Action Decisions
STUART TAYLOR, JR.	87
SIX Was Affirmative Action Saved by Its Friends?
CARTER G. PHILLIPS	113	(18)
SEVEN The Court's Faux Federalism
RAMESH PONNURU	131	(20)
EIGHT Cross Burning: Virginia v. Black
ROD SMOLLA	151	(24)
NINE Cruel and Unusual: Lockyer v. Andrade
ERWIN CHEMERINSKY	175	(16)
TEN Glasnost at the Supreme Court
TONY MAURO	191	(18)
Notes	209	(20)
Table of Cases	229	(4)
Index	233	(8)
Notes on the Contributors	241