Posted on 05/10/2005 1:02:43 PM PDT by SmithL
WASHINGTON -- Highly anticipated decisions on medical marijuana, Ten Commandments displays and Internet sharing of movies and music are still to come in the final weeks of the Supreme Court term.
And then there's perhaps the biggest story of all — whether the court gets its first opening in a decade.
Chief Justice William H. Rehnquist, 80, has been the focus of retirement speculation since he announced in October that he had thyroid cancer.
Rehnquist has been working full-time and has given no indication of his plans, though most court watchers believe he will step down. His departure likely would lead to a political fight over a successor who could reshape a court divided 5-4 on the death penalty, affirmative action and gay rights.
The court's opinions already are giving partisans plenty to talk about.
"This term will be a blockbuster," said Tom Goldstein, a Washington lawyer who argues frequently before the high court. "The court's rulings on social issues and the role of government will definitely remind everyone of the significance of a single Supreme Court appointment."
The court already has issued two of its more notable rulings — 5-4 opinions striking down mandatory sentencing guidelines as a violation of a defendant's right to a jury trial and outlawing the death penalty for those who were juveniles when they committed their crimes.
While the death penalty ruling was somewhat expected given earlier rulings narrowing the scope of capital punishment, some congressional Republicans blasted the opinion by Justice Anthony Kennedy for citing international sentiment against executing juveniles. House Majority Leader Tom DeLay, R-Texas, condemned the Reagan appointee's work as "incredibly outrageous," and others called for his impeachment.
(Excerpt) Read more at sfgate.com ...
And the significance will grow should it, as Tushnet predicts, include Rehnquist's retirement, an announcement sure to kick off a brutal ideological fight on Capitol Hill.
My prediction is that Rehnquist ain't going anywhere. He wants to be the longest serving justice of all-time and needs to hang on another 3/4 years.
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