The United States Supreme Court's 2002-03 term confounded Court watchers. The same Rehnquist Court that many had seen as solidly conservative and unduly activist-the Court that helped decide the 2000 presidential election and struck down thirty-one federal statutes since 1995-issued a set of surprising, watershed rulings. In a term filled with important and unpredictable decisions, it upheld affirmative action, invalidated a same-sex sodomy statute, and reversed a death sentence due to ineffective assistance of counsel. With essays focused on individual Justices, Court practices, and some of last year's most important rulings, this volume explores the meaning and significance of the Court's 2002-03 term. Seasoned Supreme Court advocates and journalists from The New Republic, The Los Angeles Times, Newsweek, National Journal, Slate, and Legal Times grapple with questions about the Rehnquist Court's identity and the Supreme Court's role in the political life of the country.Some essays consider the role of "swing" Justices Sandra Day O'Connor and Anthony Kennedy within a Court that divides 5-4 more than any other group of Justices in the nation's history. Others examine the political reaction to and legal context of the Court's Lawrence v. Texas decision declaring a Texas law criminalizing homosexual sodomy unconstitutional. Contributors analyze the Court's rulings on affirmative action and reassess its commitment to states' rights. Considering the Court's practices, one advocate explores the use and utility of amicus curiae, or "friend of the court" briefs, while another reflects on indications of an increased openness by the Court to public scrutiny. Two advocates who argued cases before the Court-one related to hate speech and the other to a "three strikes and you're out" criminal statute-offer vivid accounts of their experiences. Intended for general readers, A Year at the Supreme Court is for all those who want to understand the Rehnquist Court and its momentous 2002-03 term.
Davison M. Douglas
David J. Garrow
David G. Savage
Rodney A. Smolla
Stuart Taylor Jr.
Neal Devins is Goodrich Professor of Law and Director of the Institute of Bill of Rights Law at the William and Mary School of Law. He is also Professor of Government at the College of William and Mary. His most recent books include The Democratic Constitution and Political Dynamics of Constitutional Law (4th edition), both coauthored with Louis Fisher. Davison M. Douglas is the Arthur B. Hanson Professor of Law at the William and Mary School of Law, where he is former Director of the Institute of Bill of Rights Law. He is the author of Reading, Writing, and Race: The Desegregation of the Charlotte Schools.
Acknowledgments vii The Justices of the Supreme Court of the United States, 2002-03 ix Introduction / Neil Devins and Davison M. Douglas 1 1. A High Court of One: The Role of the "Swing Voter" in the 2002 Term / Dahlia Lithwick 11 2. Anthony M. Kennedy and the Road Not Taken / David D. Savage 33 3. A Revolutionary Year: Judicial Assertiveness and Gay Rights / David J. Garrow 55 4. The Next Culture War / Jeffery Rosen 71 5. The Affirmative Action Decisions / Stuart Taylor, Jr. 87 6. Was Affirmative Action Saved by Its Friends? / Carter G. Phillips 113 7. The Court's Faux Federalism / Ramesh Ponnuru 131 8. Cross Burning: Virginia v. Black / Rod Smolla 151 9. Cruel and Unusual: Lockyer v. Andrade / Erwin Chemerinskiy 175 10. Glasnost at the Supreme Court / Tony Mauro 191 Notes 209 Table of Cases 229 Index 233 Notes on the Contributors 241