WHERE IS THE SUPREME COURT JUNE 2009?

GET THE FACTS BEHIND THE NEWS

The nomination of a new Supreme Court Justice is a good time to have a look at the Court. To see what its approach to the role of the Supreme Court has been and the direction the Court decisions seems to be taking.

At present the majority of the Court has a very conservative outlook. The Justice retiring is a member of the minority. Therefore it will be interesting to see if and how the new member of the Court will effect its thinking and direction.

Since 1968 there have only three democratic Presidents, Carter-4 yrs., Clinton—8 yrs., Obrama—1 yr. The other 29 years have. been Republican. Republicans generally nominate conservatives to the court. At the present time the conservatives—Chief Justice Roberts, Justices Scalia, Thomas, Alito, and Kennedy. Kennedy is a swing vote he is usually conservative but on civil liberties he has voted with the minority. The minority group is Stevens, Bryer, Ginsberg and Souter, the Justice who is leaving the Court.

The election of Chief Justice Roberts and Justice Alito to the Court means the end of an era where many thought that the Court would be a protector of our rights and civil liberties. These people thought the Court would be a force for “equality” as promised by the constitution. Equality in respect to color, gender, race, religion, minorities, etc. Secondly the Court would be a force for expanding the constitutional rights of individuals .including criminal suspects, against the power of the state.

Chief Justice Roberts believes that the Court should not legislate from the bench and should exercise ‘judicial restraint’. Judicial restraint means the Court should be very careful not to overrule legislatative and executive decisions, or decisions reached in the free marketplace. One of the main methods of doing this is called “standing”. Next blog more on “standing”