The Supreme Court Report 2005-06

The Urban Lawyer, Vol. 38, pp. 737-857, 2006

122 Pages Posted: 25 Apr 2008  

Jamie Landes

affiliation not provided to SSRN

Leah Pollema

affiliation not provided to SSRN

Michael Shelton

affiliation not provided to SSRN

Julie M. Cheslik

University of Missouri at Kansas City School of Law

Date Written: April, 24 2008

Abstract

This article reviews the decisions of the U.S. Supreme Court for the 2005-2006 term focusing on decisions of particular relevance to state and local government. The Court's 2005-06 Term began with much speculation as one, then a second new Justice joined the Court. After the close of the 2004-05 Term, the Court suffered the loss of Chief Justice William Rehnquist, who succumbed to the thyroid cancer that had plagued him during that Term. President Bush ultimately replaced him with Judge John G. Roberts, who began the new Term and authored his fi rst opinion, the traditional 9-0 opinion of a new Justice, in a death penalty case, United States v. Holmes. The Term began with Justice Sandra Day O'Connor still sitting, although she had announced her retirement from the Court even before the death of Justice Rehnquist. O'Connor's replacement, Justice Samuel A. Alito, Jr., ultimately joined the Court replacing her with a Justice who was not seen as the moderate force O'Connor had been. O'Connor did participate in the parental notification abortion case, the Court's first in five years, a case that was slated to determine the continuing viability of O'Connor's "undue burden" standard and expected to give conservatives an opportunity to replace that standard with one more to their liking. That did not happen this Term, however, and, in that case, like in many others this Term, the fears that the new Court, with its new Bush appointees, would take a sharp right turn did not yet materialize.

Keywords: Supreme Court, Court, Year in review, John G. Roberts, Chief Justice, Samuel Alito, Sandra O`Connor, State and local government, Federalism, Bush Administration, Presidential Powers, First Amendment, Abortion, Death penalty, Environmental, Bankruptcy

JEL Classification: H11, H70, H77, K00, K10, K20, K30, K40, K41, K42

Suggested Citation

Landes, Jamie and Pollema, Leah and Shelton, Michael and Cheslik, Julie M., The Supreme Court Report 2005-06 (April, 24 2008). The Urban Lawyer, Vol. 38, pp. 737-857, 2006. Available at SSRN: https://ssrn.com/abstract=1124992

Jamie Landes

affiliation not provided to SSRN

Leah Pollema

affiliation not provided to SSRN

Michael Shelton

affiliation not provided to SSRN

Julie M. Cheslik (Contact Author)

University of Missouri at Kansas City School of Law ( email )

5100 Rockhill Road
Kansas City, MO 64110-2499
United States

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