Justice Beleaguered

I had some interesting items for the page today, but I need to make some time for much wailing and gnashing of teeth.

UPDATE: Jeralynn Merritt links to a list compiled by People for the American Way of significant cases in which Sandra Day O'Connor proved to be the swing vote:

Grutter v. Bollinger (2003) affirmed the right of state colleges and universities to use affirmative action in their admissions policies to increase educational opportunities for minorities and promote racial diversity on campus.

Alaska Department of Environmental Conservation v. EPA (2004) said the Environmental Protection Agency could step in and take action to reduce air pollution under the Clean Air Act when a state conservation agency fails to act.

Rush Prudential HMO, Inc. v. Moran (2002) upheld state laws giving people the right to a second doctor’s opinion if their HMOs tried to deny them treatment.

Hunt v. Cromartie (2001) affirmed the right of state legislators to take race into account to secure minority voting rights in redistricting.

Tennessee v. Lane (2004) upheld the constitutionality of Title II of the Americans with Disabilities Act and required that courtrooms be physically accessible to the disabled.

Hibbs v. Winn (2004) subjected discriminatory and unconstitutional state tax laws to review by the federal judiciary.

Zadvydas v. Davis (2001) told the government it could not indefinitely detain an immigrant who was under final order of removal even if no other country would accept that person.

Brentwood Academy v. Tennessee Secondary School Athletic Association (2001) affirmed that civil rights laws apply to associations regulating interscholastic sports.

Lee v. Weisman (1992) continued the tradition of government neutrality toward religion, finding that government-sponsored prayer is unacceptable at graduations and other public school events.

Brown v. Legal Foundation of Washington (2003) maintained a key source of funding for legal assistance for the poor.

Morse v. Republican Party of Virginia (1996) said key anti-discrimination provisions of the Voting Rights Act apply to political conventions that choose party candidates.

Federal Election Commission v. Colorado Republican Federal Campaign Committee (2001) upheld laws that limit political party expenditures that are coordinated with a candidate and seek to evade campaign contribution limits.

McConnell v. Federal Election Commission (2003) upheld most of the landmark McCain-Feingold campaign finance law, including its ban on political parties’ use of unlimited soft money contributions.

Stenberg v. Carhart (2000) overturned a state ban on so-called partial birth abortion.

McCreary County v. ACLU of Kentucky (2005) upheld the principle of government neutrality towards religion and ruled unconstitutional Ten Commandments displays in several courthouses.

Grutter and Stenberg are the cases that stick in conservative craws, and how long these will stand as precedent without SDO'C is difficult to say. Though it's a less inflammatory topic, our decades' long understanding of the Voting Rights Act is an area of the law that the Bush administration has signaled for significant reinterpretation, and I think the Morse (or Chishom) precedents would be ones this administration would seek to revise. (Also, women's rights.)

Posted by Kriston at July 1, 2005 12:04 PM