Supreme Court Report 2007-2008

Urban Lawyer. Vol. 40, No. 747, 2008

84 Pages Posted: 13 Feb 2009

See all articles by Julie M. Cheslik

Julie M. Cheslik

University of Missouri at Kansas City School of Law

Aimee L. Morrison

affiliation not provided to SSRN

Tyler J. Scott

affiliation not provided to SSRN

Date Written: February 12, 2009

Abstract

This article reviews the decisions of the U.S. Supreme Court for the 2007-2008 Term that are of particular relevance to state and local governments including those involving voting and elections, speech, class-of-one equal protection claims, immunity, taxation, preemption, and the Fourth and Sixth Amendments.

Against the backdrop of the 2008 presidential election between Democrat Barack Obama and Republican John McCain, and an economy plagued by recession and federal bailouts of the finance and mortgage industries, the Court continued in a largely conservative vein, reflecting the policies and predilections of the majority of justices. The Court reasserted its distaste for unfettered punitive damage awards, and facial constitutional challenges, but continued to enforce the habeas rights, as it did last Term, of those caught up in the Bush administration's far-reaching war on terrorism. For state and local government lawyers and officials, the Court gave with one hand and took away with the other, sometimes enforcing the decisions of states and local governments as the Court did when it upheld the Indiana voter identification law in Crawford, but other times leaving them adrift as the Court did in Heller when it struck down the District of Columbia's attempted solution to the problem of urban gun violence.

Keywords: State and local government; Supreme Court, Year in review, Damages, Awards, Habeas, Terrorism, Guantanamo, Civil Rights, Employment, Discrimination, Voter identification, Heller, Gun control, Sixth amendment, First amendment, Death penalty, Jurisdiction, Fourth Amendment, Preemption, Native American

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

Suggested Citation

Cheslik, Julie M. and Morrison, Aimee L. and Scott, Tyler J., Supreme Court Report 2007-2008 (February 12, 2009). Urban Lawyer. Vol. 40, No. 747, 2008, Available at SSRN: https://ssrn.com/abstract=1341872

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

Aimee L. Morrison

affiliation not provided to SSRN

Tyler J. Scott

affiliation not provided to SSRN

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