Looking Ahead to the 2005-2006 Term

2004-05 CATO Supreme Court Review 321

Case Legal Studies Research Paper No. 05-23

30 Pages Posted: 16 Aug 2005 Last revised: 11 May 2021

See all articles by Jonathan H. Adler

Jonathan H. Adler

Case Western Reserve University School of Law; PERC - Property and Environment Research Center

Date Written: 2005

Abstract

This essay surveys the upcoming 2005-06 term of the Supreme Court, a term that may be as notable for what it says about the future direction of the Supreme Court as it is for specific decisions in any particular cases. This does not mean the term lacks important cases. To the contrary, this coming year the Court will consider the constitutionality of the Solomon Amendment, address the application of the Religious Freedom Restoration Act to religious use of drugs, and determine whether the federal government can effectively preempt Oregon's decision to legalize doctor-assisted suicide. It will revisit contemporary federalism and abortion doctrines, clarify the scope of the Racketeer Influenced and Corrupt Organizations Act (RICO), and address important questions in antitrust and criminal procedure. In addition, the Court may consider one or more cases challenging the scope of executive authority to combat terrorism. Nonetheless, the most striking thing about the upcoming term is that we will see a change in the Court's composition for the first time in over a decade.

Keywords: United States Supreme Court, Solomon Amendment, Religious Freedom Restoration Act, Doctor-Assisted Suicide, Abortion, Federalism, Racketeer Influenced and Corrupt Organizations Act (RICO), Antitrust, Criminal Procedure

JEL Classification: K10, K20, K30, K40

Suggested Citation

Adler, Jonathan H., Looking Ahead to the 2005-2006 Term (2005). 2004-05 CATO Supreme Court Review 321, Case Legal Studies Research Paper No. 05-23, Available at SSRN: https://ssrn.com/abstract=782304

Jonathan H. Adler (Contact Author)

Case Western Reserve University School of Law ( email )

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