Saturday February 11, 2012

Welcome   |   Register   |   Log in

Past Event

A Governance Studies Event

Preview of the 2008-2009 U.S. Supreme Court Term

Courts

Event Summary

On October 6, when the U.S. Supreme Court‘s 2008-2009 term began, the Brookings Judicial Issues Forum hosted a panel discussion with leading legal scholars and practitioners who offered their insights on the upcoming Court term and discussed some of the biggest cases on the docket. Issues included the constitutionality of a key provision of the Voting Rights Act; the FCC’s ban on broadcasting “dirty words”; and an unusual petition to reconsider the June 25 ruling that the rape of a child cannot by punished by death, in which the justices made a glaring factual error.

Judicial Issues Forum

Event Information

When

Monday, October 06, 2008
10:00 AM to 11:30 AM

Where

Falk Auditorium
The Brookings Institution
1775 Massachusetts Ave., NW
Washington, DC
Map

Event Materials

Contact: Brookings Office of Communications

Email: events@brookings.edu

Phone: 202.797.6105

Stuart Taylor, Jr., Brookings nonresident senior fellow, moderated the discussion with Thomas Hungar, former deputy solicitor general of the United States, and Alan Morrison, founder of Public Citizen Litigation Group and visiting professor, American University’s Washington College of Law.

The Judicial Issues Forum is a series of public discussions at Brookings on jurisprudence and the role of the courts. The Forum regularly hosts events that address the major legal and juridical debates and events of the day and weigh their potentially far-reaching implications.

Transcript

STUART TAYLOR: Adam Liptak of the New York Times, who is a great reporter, rained on our parade a bit yesterday when he wrote that the coming Supreme Court term is a “buffet with no entrees”. That may be true in the sense that the Court hasn’t yet agreed this year to hear any of the blockbuster cases on abortion, affirmative action preferences, gay rights, religion, presidential power, campaign finance, those sorts of things that have been the staples of liberal-conservative brawling in recent years.

But when our two panelists and I were deciding which of the dozens of cases the Court has agreed to decide this year, to discuss, we found an embarrassment of riches in terms of fascinating clashes that will probably prompt a reasonable amount of liberal-conservative brawling on issues such as the following: whether the Attorney General and the FBI Director can be held personally liable for mistreatment of hundreds of innocent Muslims who were rounded up and imprisoned on immigration and other charges in the months after 9/11; whether the Federal Communications Commission can penalize broadcasting of so-called fleeting expletives, dirty words, which I will leave it to our panelists to tell you about. Conflicts between state and federal regulatory power in cases involving horrible personal injuries caused by pharmaceuticals and cigarettes; a clash between the navy’s need to use sonar in training exercises and environmentalists worries that the sonar is harming whales and other marine mammals; whether the Environmental Protection Agency can weigh costs against benefits in enforcing the Clean Water Act; and a variety of contentious issues involving campaign spending, speech, and voting rights.

Perhaps the biggest of them is whether states in the Old South and other communities with a history of racial discrimination in voting have reformed it to a point that they can no longer be required, constitutionally required to clear all changes in voting rules with the Justice Department.

Participants

Moderator

Stuart S. Taylor, Jr.

Nonresident Senior Fellow, Governance Studies

Featured Panelists

Alan Morrison

Visiting Professor, American University’s Washington College of Law

Thomas Hungar

Former Deputy Solicitor General


My Portfolio

My New Content

View suggested content based on items you have saved to your Portfolio.
Log in or register now