The U.S. Supreme Court
(circa 2003)
 
Artist's impression of Ruth Bader Ginsburg, David Souter, Antonin Scalia, John Stevens, William Rehnquist,  Sandra O'Connor, Anthony Kennedy, Clarence Thomas and Stephen Breyer.The US Supreme Court is already highly conservative.  Seven of the nine justices were appointed by Republican presidents.

The US Supreme Court is arguably the most powerful branch of US Government.  It has the power to declare that laws violate the US Constitution and can therefore have them reversed.  It has ultimate authority over state law, federal law, executive actions or state supreme court decisions.  Justices are appointed for life, making this one of the most important, long-term influences wielded by the President.  And, because of aging membership, the current president has a good chance of shaping the court by appointing a number of new justices.

This scares us as we're sure it does many of you.  All we can hope is that the justices who believe in religious freedom do not die or decide to retire.  It's our guess that some made the decision to postpone retirement in December 2000, right after the Presidential race was decided.

Why is this so important?  Because even though 7 of the 9 justices are Republican nominated, several are key swing votes in the moderate realm.  There have been many close votes on important issues which could easily swing the other way if a slightly more conservative justice replaces a moderate in the future.

 
JUSTICE
APPOINTED
AGE
NOTABLE DECISIONS
Chief Justice Rehnquist
Chief Justice 
William H. Rehnquist
1972
by Richard Nixon
(Republican)

Promoted to 
chief justice by
Ronald Reagan, 
(Republican)
1986
 

76
  • Instrumental in decision that gay men can be banned from serving as Scout leaders. (Boy Scouts of America v. Dale, docket no. 99-699, 2000)
  • Opposes abortion: one of the two justices who opposed 1973 Roe v Wade.
  • Wrote decision overturning Everson v. Board of Education (330 U.S. 1, 1947) and the Sixth Circuit Court of Appeals in 2002 in the school voucher decision.  The Everson decision, which has stood 55 years, stated: "No tax in any amount, large or small, can be levied to support any religious activities or institutions."  In overturning this First Amendment issue, Rehnquist wrote that the school vouchers don't violate the First Amendment's Establishment Clause because they are for a "valid secular purpose... being neutral toward religion"However, 96% of the students in the school voucher program in question attend attend religious schools.  Clearly, taxes are being levied to support religious institutions.
  • One of three justices who opposed ruling that public schools cannot lead prayers before football games because it is a violation of the Establishment Clause of the First Amendment.  Sante Fe's high school had practice of electing a student council chaplain to deliver prayers over the school's public address system.  (Santa Fe Independent School District v. Doe, docket no. 99-62, 2000)
  • Opposed decision that Louisiana's "Creationism Act" violated the Establishment Clause of the First Amendment. (see creationism act, under Scalia)

  • John Stevens
    1975
    by Gerald Ford
    (Republican)
    80
  • Wrote majority opinion in ruling that public schools cannot lead prayers before football games  (see school prayers, under Rehnquist).

  • Antonin Scalia
    1986
    by Ronald Reagan
    (Republican)
    64
  • One of three justices who opposed ruling that public schools cannot lead prayers (see school prayers, under Rehnquist).
  • Voted to allow school vouchers to religious schools (see school vouchers, under Rehnquist).
  • Wants to lower wall of separation between church and state.  At Religious Freedom Day event (1/12/2003), Scalia complained that the Supreme Court and lower federal courts have gone overboard in keeping God out of government.
  • Opposed, and wrote dissenting opinion, on decision that Louisiana's "Creationism Act" violated the Establishment Clause of the First Amendment.  The Creationism Act forbid the teaching of the theory of evolution unless the theory of "creation science" was also taught. (Edwards v. Aguillard, 482 U.S. 578, 1987) 
  • Justice Anthony Kennedy
    Anthony Kennedy
    1988
    by Ronald Reagan
    (Republican)
    64
    • Voted to allow school vouchers to religious schools (see school vouchers, under Rehnquist).

    Sandra O'Connor
    1981
    by Ronald Reagan
    (Republican)
    70
  • Once a staunch conservative, she has subsequently become more liberal on some issues, and is often the key swing member
  • Voted to allow school vouchers to religious schools (see school vouchers, under Rehnquist).
  • Justice Souter
    David Souter
    1990
    by George Bush 
    #41 
    (Republican)
    61
    • {more to come...}
    Justice ClarenceThomas
    Clarence Thomas
    1991
    by George Bush 
    #41 
    (Republican)
    52
    • One of three justices who opposed ruling that public schools cannot lead prayers (see school prayers, under Rehnquist).
    • Voted to allow school vouchers to religious schools (see school vouchers, under Rehnquist).
    • Bio: Attended Conception Seminary and received an A.B. from Holy Cross College

    Ruth Bader Ginsburg
    1993
    by Bill Clinton 
    (Democrat)
    67
    • {more to come...}
    Justice Breyer
    Stephen Breyer
    1994
    by Bill Clinton
    (Democrat)
    62
    • {more to come...}
    Lemon Test:  The "Lemon Test" is a term coined following the 1971 case of  (Lemon v. Kurtzman 403 U.S. 602, 1971).  In it, there are three criteria that should be used to assess legislation: "(1) the statute must have a secular legislative purpose; (2) its principal or primary effect must be one that neither advances or inhibits religion; (3) the statute must not foster and excessive government Entanglement with religion."   It has become a major tool in determining whether a law violates the Establishment Clause of the First Amendment.

    References:
    1  "US Supreme Court: How they ruled", on the 2000 U.S. Presidential Election Recount, BBC News, 12/13/2000
    2  "U.S. Constitution: First Amendment", Religion and Expression, Findlaw Constitutional Law Center
    3  "An overall view of religious liberty as defined by U.S. Supreme Court cases", by Charles Levendosky, Cyber-Tribune, July 26, 2002
    4  "Court Decisions: Religious Freedom Page", University of Virginia, Department of Sociology, 7/4/2001

    - Ethical Atheist
    [Created: 03/18/2003]
    [Last Update: n/a]