Court Takes Sharp Right Turn in Monday Decisions
by Mike Leonard
http://tothecenter.com/news.php?readmore=2327WASHINGTON, June 25—In a series of 5 to 4 decisions, the United States Supreme Court today veered sharply to the right. The Court voted along strict ideological lines to side with the Bush administration in deciding four contentious, high-profile cases.
The four cases ran the jurisprudential gamut. They included challenges to the McCain-Feingold campaign finance law, the Endangered Species Act, and taxpayer-funded faith-based initiatives, as well as a free speech case involving an Alaskan student who waved a sign reading “Bong Hits 4 Jesus” in front of television cameras during an Olympic ceremony. In the end, the Court opened loopholes in McCain-Feingold and in the Endangered Species Act, dismissed a suit objecting to publicly-funded religious programs, and upheld the suspension of the Alaskan student.
In all four cases, the majority consisted of the same conservative bloc and the minority of the Court’s left wing. The conservative majority in all four cases included Antonin Scalia, Clarence Thomas, Anthony Kennedy and the two Bush appointees, Samuel Alito and Chief Justice John Roberts. John Paul Stevens, David Souter, Ruth Bader Ginsberg and Stephen Breyer dissented.
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Critics have noted that this Court has been unusually willing to contradict recent precedent. Just last month, a divided Court upheld the Partial-Birth Abortion Ban after the Court’s previous lineup struck down a nearly identical Nebraska law as unconstitutional. Since the Supreme Court decided the presidency in 2000, there has been widespread concern among legal scholars that increasing politicization of the judicial branch could lead to a Court less concerned with interpreting the constitutionality of laws than with the short-term political ascendancy of its majority ideology.
Spurring the fear of Justices playing politics was the seemingly inconsistent line the Court took with respect to “
the benefit of the doubt to free speech, not censorship.” The same majority that struck down McCain-Feingold’s blanket-proscription of corporate advertising on free speech grounds today failed to extend that courtesy to a high school student suspended for an off-campus prank.