Civil Rights

Abstract

I believe we've now entered the era of the Anthony Kennedy Court. I know that the tradition, in deference to the Chief, would call it the Roberts Court, and no doubt there will be a point in time when it's appropriate to speak of a Roberts Court. We have to remember, though, that John Roberts was 50 years old when he was sworn in last fall. If he remains on the Court until he's 86 years old, the current age of Justice John Paul Stevens, he will be on the Court until the year 2041. How the Roberts Court is thought of is much more likely to be based on who the justices are in the 2020s and the 2030s, than who was on the Court's October term 2005.

I have been asked to talk about civil rights and Doug has assigned me to talk about three free speech cases, one religion case, one abortion case, and one criminal procedure case. He said to do it in twenty minutes and find common themes that unite these cases. The only common thing that I could find in any of these cases is the petitioners won some and respondents won others.