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mbridge at midnight for a 24-hour trip to Washington D.C. to hear two Supreme Court cases and meet with Justice David H. Souter ’61 next Tuesday. In preparation for the excursion, former Vermont Supreme Court Chief Justice Jeffrey L. Amestoy and Harvard Law Professors Noah R. Feldman and Ronald S. Sullivan, Jr. discussed the context and facts of the two cases in Lowell House library last night...
...determining the law. In the 24 decisions that came down 5-to-4 last year, Kennedy was the decisive vote in every case, never once dissenting. Of those 24, 19 of them reflected the traditional conservative-liberal split (Roberts, Antonin Scalia, Clarence Thomas, Alito versus John Paul Stevens, David Souter, Ruth Bader Ginsberg and Stephen Breyer) with the conservatives winning 13 and the liberals getting six. Says Lazarus, "The only really big case the liberals won 5-4 last term was the global warming case, Massachusetts v. EPA." This term, by contrast, was much more unpredictable and harder to define...
...Kentucky's employment case ruling last week, which found the state's public pension plan not to be age discriminatory, Justice Breyer wrote the opinion joined by fellow liberals Stevens and Souter and by conservatives Roberts and Thomas. (Ginsberg joined Scalia and Alito in Kennedy's dissent.) Likewise the Exxon case, where the court cut the company's punitive damages in the Valdez oil spill, had a similar melange in its 6-3 ruling. "In one way there wasn't the unanimity and consensus the chief justice said he wants, but there was something reassuring this term," says Lazarus...
...will Roberts ever achieve the conservative court he's been looking for? The next Presidential election could provide the key, especially if a justice retires. Justice Stevens is 88 years old; Justice Ginsberg is 75; and rumors are swirling that Justice Souter, 68, might want to move on after 17 years on the bench. It's possible those three liberal-leaning seats will become open over the next few years. One thing is clear: The Supreme Court's search for a consistent ideological identity will continue to provide high drama...
Standing, from left: Justices Stephen Breyer, Clarence Thomas, Ruth Bader Ginsburg and Samuel Alito. Seated, from left: Justices Anthony Kennedy and John Paul Stevens, Chief Justice John Roberts Jr. and Justices Antonin Scalia and David Souter...