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. |
|
|
|
|
|
Chief Justice William H. Rehnquist |
1972
by Richard Nixon (Republican) Promoted to
|
|
|
John Stevens |
1975
by Gerald Ford (Republican) |
|
|
Antonin Scalia |
1986
by Ronald Reagan (Republican) |
|
|
Anthony Kennedy |
1988
by Ronald Reagan (Republican) |
|
|
Sandra O'Connor |
1981
by Ronald Reagan (Republican) |
|
|
David Souter |
1990
by George Bush #41 (Republican) |
|
|
Clarence Thomas |
1991
by George Bush #41 (Republican) |
|
|
Ruth Bader Ginsburg |
1993
by Bill Clinton (Democrat) |
|
|
Stephen Breyer |
1994
by Bill Clinton (Democrat) |
|
|
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.
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