Election Issue Focus: Supreme Court

A look at the 5-4 decisions of the 1999-2000 term

In this election year, a number of court-watchers are predicting that the composition of the Supreme Court could be the "sleeper issue" of the campaign. I have prepared this color coded review of recent close decisions by the current Supreme Court in order to get a sense of what changes may be in store for the country based on the replacement of one or more of the justices nearing retirement (shown in italics).

Conservatives: Rehnquist, Scalia, Kennedy, Thomas
Liberals: Stevens, Souter, Ginsburg, Breyer
Swing Vote: O'Connor

Stenberg v. Carhart
Nebraska's "partial birth" abortion law -- which is similar to 30 other state laws -- places an "undue burden" on a woman's right to end her pregnancy.

Majority: Stevens, O'Connor, Souter, Ginsburg, Breyer
Dissenting: Rehnquist, Scalia, Kennedy, Thomas
Boy Scouts of America v. Dale
The Boys Scouts of America can legally expel a Scout leader because he is gay.

Majority: Rehnquist, O'Connor, Scalia, Kennedy, Thomas
Dissenting: Stevens, Souter, Ginsburg, Breyer

Illinois v. Wardlow
Police generally may stop and frisk someone who runs at the mere sight of an officer.

Majority: Rehnquist, O'Connor, Scalia, Kennedy, Thomas
Dissenting: Stevens, Souter, Ginsburg, Breyer
Williams v. Taylor
A federal judge's authority to overrule a state court decision in certain death penalty cases is limited.

Majority: Rehnquist, O'Connor, Scalia, Kennedy, Thomas
Dissenting: Stevens, Souter, Ginsburg, Breyer
FDA v. Brown & Williamson
The Food and Drug Administration does not have the power to regulate tobacco.

Majority: Rehnquist, O'Connor, Scalia, Kennedy, Thomas
Dissenting: Stevens, Souter, Ginsburg, Breyer
United States v. Playboy Entertainment Group
A law requiring cable providers of sexually explicit material to "fully scramble" their signals violates consitutional free speech guarantees.

Majority: Stevens, Kennedy, Souter, Thomas, Ginsburg
Dissenting: Rehnquist, O'Connor, Scalia, Breyer
United States v. Morrison
Congress overstepped its authority in the Violence Against Women Act when it gave women the right to sue attackers in federal court.

Majority: Rehnquist, O'Connor, Scalia, Kennedy, Thomas
Dissenting: Stevens, Souter, Ginsburg, Breyer

Kimel v. Florida Board of Regents
State workers who were discriminated against because of their age cannot sue under federal law.

Majority: Rehnquist, O'Connor, Scalia, Kennedy, Thomas
Dissenting: Stevens, Souter, Ginsburg, Breyer

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