The Supreme Court 2009 Term Overview and 2010 Term Preview

30 Pages Posted: 14 Mar 2014 Last revised: 14 Apr 2014

See all articles by Erwin Chemerinsky

Erwin Chemerinsky

University of California, Berkeley - School of Law

Joan Biskupic

Independent

Martin A. Schwartz

Touro College - Jacob D. Fuchsberg Law Center

Leon Z. Friedman

Hofstra University - Maurice A. Deane School of Law

Date Written: 2011

Abstract

On Monday, June 28, 2010, the Supreme Court completed its fifth year with John Roberts as Chief Justice, its first year with Justice Sonia Sotomayor on the bench, and its thirty-fifth and final Term with Justice John Paul Stevens. In that Term, the Supreme Court decided seventy-three cases after briefing and oral argument, just a few less than the seventy-six cases decided the year before in the 2008 Term. In this Article, these cases are reviewed and analyzed by the authors.

As discussed in this Article by Professor Schwartz, in some of the Court's important decisions during this Term, there existed more humaneness than seen in past recent Terms. For example, a sentence of life-imprisonment for juveniles convicted of non-homicide offenses was overturned. Other examples include the concern the Court expressed about criminal defendants knowing about deportation consequences, and the more realistic view of the limitation period for discrimination cases. Another case exemplifying the Court's humaneness was Florida v. Holland, where the defendant's lawyer in a death penalty case made a mistake regarding the limitations period for filing a habeas petition. In past Terms, even before the Roberts Court, the Court has said that it is just too bad; that is, the lawyer's sins are visited upon the client. There seemed to be more of a concern in some of the cases last Term for the plight of the individual.

Keywords: United States Supreme Court, 2009 Term, life imprisonment sentences for juveniles, deportation consequences for criminal defendants, Florida v. Holland, death penalty cases, habeas corpus petitions, statute of limitations

Suggested Citation

Chemerinsky, Erwin and Biskupic, Joan and Schwartz, Martin A. and Friedman, Leon Z., The Supreme Court 2009 Term Overview and 2010 Term Preview (2011). 27 Touro L. Rev. 33 (2011), Touro Law Center Legal Studies Research Paper Series, Hofstra Univ. Legal Studies Research Paper No. 2014-11, Available at SSRN: https://ssrn.com/abstract=2378421

Erwin Chemerinsky

University of California, Berkeley - School of Law ( email )

215 Boalt Hall
Berkeley, CA 94720-7200
United States

HOME PAGE: https://www.law.berkeley.edu/our-faculty/faculty-profiles/erwin-chemerinsky/

Joan Biskupic

Independent

Martin A. Schwartz (Contact Author)

Touro College - Jacob D. Fuchsberg Law Center ( email )

225 Eastview Drive
Central Islip, NY 11722
United States

Leon Z. Friedman

Hofstra University - Maurice A. Deane School of Law ( email )

121 Hofstra University
Hempstead, NY 11549
United States

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