Alex Severin- Election 2008 and The Supreme Court

Many times during the course of the last year, I have been so caught up in the constant party bickering, the back and forth jabs, and the speculative, “Fox News Style” rumors, that I have completely disregarded what this election means for the future of the Supreme Court.

As many may know, in 2005, President Bush nominated 53-year-old John Roberts to serve as Chief Justice on the Supreme Court. On September 29, 2005, Chief Justice Roberts assumed office. While most of the justices are in there sixties, seventies, and even eighties (with the exception of Justice Samuel Alito, who was also nominated by President Bush), the President nominated a younger justice in hope that he would command a conservative court for decades to come. Quite intelligent, don’t you think?

Overall, the Conservative wing of the court is significantly more cohesive than the liberal wing. As a result, oftentimes they are able to win that crucial swing vote from Anthony Kennedy and therefore carry many 5-4 decisions. With the impending departure of some of the older Liberals, including John Paul Stevens and Ruth Bader Ginsburg, the next President will be in a position to either uphold the balance of the court by appointing two liberal leaning justices, or provide for a guaranteed conservative victory on nearly every vote of political importance.

Here is a breakdown of the Justices, with their age, and the President they were appointed by.

Clarence Thomas, 60, George H.W. Bush – Thomas is a very Conservative member of the court. An article that appeared in the New York Times recently showed that Thomas and Justice Scalia, another recognized conservative, voted together 100% of the time in 2007-2008. Thomas is in favor of capital punishment, upholds free speech a majority of the time, and has an favorable view of the Bush Administration.

Antonin Scalia, 72, Ronald Reagan– The rock of the conservative base. Scalia is one of the most outspoken members the Court has seen in recent times. He is in favor of judicial restraint, and isn't afraid to make that well known, appearing on 60 Minutes this past year to defend his role in the Court. He is the justice behind the majority ruling in 2000's firestorm case Bush v. Gore, which ended up deciding the election.

Samuel Alito, 58, George W. Bush– Appointed to the Supreme Court on January 31, 2006, Alito is considered a generally conservative juror, but not to the extent of Clarence Thomas and Antonin Scalia. During confirmation hearings, democrats characterized Alito as a mold of Scalia, but Alito states he “would act as an impartial referee.”

John Roberts 53, George W. Bush– The Chief Justice of the Supreme Court, he is also the youngest member of the court and is generally allied with the conservative wing of the court. He voted against Guantanamo detainees having the right to go to federal court to challenge their detention and upheld that the individual right to own a gun for personal use is protected by the Second Amendment, along with the entire conservative wing.

Anthony Kennedy, 71, Ronald Reagan – At a certain point, Justice Kennedy was deemed so important to the Supreme Court that the Court was called “The Kennedy Court”, and even today he plays an extremely significant role. Although known as a swing voter, he tends to lean toward the conservative side, which gives the republicans a 5-4 advantage on every ruling. He voted with the conservatives on the issues of gun right but against the conservatives when it came to the rights of Guantanamo detainees.

Ruth Bader Ginsburg, 75, Bill Clinton – Ginsburg is considered to be one of the most liberal members of the court, and she is also one of two (along with Justice Stevens) justices who may need to be replaced in the next eight years.

John Paul Stevens, 88, Gerald Ford – Stevens was nominated by Republican Gerald Ford and is known as the leader of the Liberal movement in the Court. Stevens generally supports students’ right to free speech in public schools, voted for the use of the death penalty in the United States (except in certain situations and when dealing with juvenile offenders). Stevens is the other Justice who will not make it through the next presidential term. I believe recently, he has just been holding on until a democrat can take office to replace him.

David Souter, 68, George H.W. Bush – Souter is one of the most interesting cases in the Court right now. He was appointed by Republican President George Bush Sr., but primarily votes in a liberal fashion, although not always. He is seen as one of the more moderate on the court.

Steven Breyer, 69, Bill Clinton – Breyer is currently known as an intellectual leader of the liberal wing of the Supreme Court and is seen as a counter to the conservative justice Antonin Scalia. In the past he has voted in favor of abortion laws. In describing his interpretive philosophy, Breyer has sometimes noted his use of six interpretive tools: text, history, tradition, precedent, the purpose of a statute, and the consequences of competing interpretations.

This election is extremely important. With the imminent departure of Justices Ginsburg and Stevens, the new President will have at least one chance to sway the court in his party's direction. All we can do is wait and speculate. Isn’t that unfortunate?

Written By Alex Severin