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kdm
10-04-2009, 9:12 AM
Just saw this on the Reuters news site:

http://news.yahoo.com/s/nm/20091004/pl_nm/us_usa_court_1

Info on the Supreme's gun rights case, Stevens possibly retiring in June '10?

Smokey510
10-04-2009, 9:35 AM
WASHINGTON (Reuters) The U.S. Supreme Court will again consider gun rights and decide an important case that could loosen restrictions on corporation spending in political campaigns in its new term beginning on Monday.
The nine-member panel now includes Justice Sonia Sotomayor. Appointed by President Barack Obama, she is the first justice named by a Democratic president in 15 years and the first Hispanic on the high court.
Sotomayor succeeded Justice David Souter, who retired in June. She generally is expected to vote with the three other liberals as Souter did.
"The 2009 term seems likely to produce important decisions on free speech, government accountability and criminal justice," Steven Shapiro of the American Civil Liberties Union said. "And it certainly will tell us more than we now know about the role that Justice Sotomayor will play on a Supreme Court that remains closely divided along ideological lines."
The term could reveal whether the five-member conservative majority led by Chief Justice John Roberts overturns past precedents on issues like corporate spending limits for congressional and presidential races.
"This term is going to be an enormous test for Chief Justice Roberts and the conservatives on the court," said Doug Kendall, founder and president of the Constitutional Accountability Center, a liberal think tank and law firm.
The court heard arguments in the campaign finance case in a special session last month. The conservatives appeared ready to rule that corporate spending limits for federal campaigns violated the free-speech rights of businesses.
The conservatives include two appointees of Republican President George W. Bush -- Roberts and Justice Samuel Alito, who in 2006 replaced the more moderate Justice Sandra Day O'Connor. The others are Justices Antonin Scalia, Clarence Thomas and Anthony Kennedy.
Besides Sotomayor, the liberals are Justices Ruth Bader Ginsburg and Stephen Breyer, both appointees of Democratic President Bill Clinton, and Justice John Paul Stevens, at 89 the court's oldest and longest-serving member.
SPECULATION STEVENS MIGHT RETIRE
There has been speculation Stevens might retire at the end of the term in June. That would give Obama another appointment but probably would not change the court's balance of power.
On Wednesday, the court said it would step back into the legal battle over gun rights and decide whether state and local laws violated an individual's constitutional right to bear arms. The ruling could open the door for new challenges to gun control laws across the country.
Robin Conrad of the National Chamber Litigation Center, the U.S. Chamber of Commerce's public policy law firm, said the business cases this term covered a broad range of issues.
Potential major business rulings could involve patent, antitrust and securities law, white-collar crime and a challenge to the 2002 law that created a national board to oversee U.S. public company auditors.
Another important business case concerns whether a shareholder who claims that a mutual fund's investment adviser charged an excessive fee must also show the adviser misled the fund's directors who approved the fee.
"This implicates the current debate over whether the market system can be relied upon to set a fair and sensible compensation for executives," Gene Schaerr of the law firm Winston & Strawn said at a Washington Legal Foundation briefing to preview the term.

yellowfin
10-04-2009, 9:37 AM
Of all the rotten times to have the wrong person in office. 3 Court judges replaced? What sad times we live in when we give a Marxist that kind of power.

bulgron
10-04-2009, 9:40 AM
Of all the rotten times to have the wrong person in office. 3 Court judges replaced? What sad times we live in when we give a Marxist that kind of power.

Yeah, that was what really killed me when McCain lost. If he had won the last election, we probably would have been able to easily lock in our gun rights. But now, well, now the future is uncertain.

yellowfin
10-04-2009, 9:42 AM
That's what killed me when McCain was nominated. We put our weakest possible effort towards preventing this, and our most similar bid to the same. It makes me furious at what kind of people are running the R party.

dantodd
10-04-2009, 10:58 AM
the good news is that the majority of his social and economic agenda pretty well causing his popularity to tank and Justice Sotomayor will have a published record by the time any more appointments are made. By the end of the upcoming session he may have a very difficult time shoving another Soromayor down our throats. If the appointment can be put off the makeup of the Senate may be different after the 2010 elections.

yellowfin
10-04-2009, 12:51 PM
I don't want him just to have a difficult time pushing another Sotomayor, I want him to not be able to do it at all.

Maestro Pistolero
10-04-2009, 1:02 PM
We all, including me, think we know what Sotomayor will probably do. But very few justices vote the way we think they will on every issue, in some cases much to the dismay of the presidents who nominated them and those who voted to confirm.
I wouldn't be to surprised if the Mcdonald case gets a few unexpected votes, especially because there is such a broad gain for civil rights if Slaughterhouse and progeny are overturned.

dantodd
10-04-2009, 5:27 PM
I wouldn't be to surprised if the Mcdonald case gets a few unexpected votes, especially because there is such a broad gain for civil rights if Slaughterhouse and progeny are overturned.

I think most watchers believe that there will be a much greater than 5-4 majority and it is really more of a question of whether there will be enough votes to overturn Slaughter-Houses. Most likely there will be 2 or 3 opinions all supporting incorporation but it is going to be a fight over which method is used to incorporate.