Erwin Chemerinsky: Supreme Court's Conservative Majority is Making Its Mark
[Erwin Chemerinsky is dean of the UC Irvine School of Law and the author of the forthcoming book, "The Conservative Assault on the Constitution."]
As the Supreme Court begins its new term Monday, its sixth with John G. Roberts Jr. as chief justice, the reality is that this is the most conservative court since the mid-1930s. Since Richard Nixon ran for president in 1968, conservatives have sought to change constitutional law, and they have succeeded in virtually every area.
During the first years of the Roberts court, it has consistently ruled in favor of corporate power, such as in holding that corporations have the 1st Amendment right to spend unlimited amounts in independent political campaigns. For the first time in American history, the high court has struck down laws regulating firearms as violations of the 2nd Amendment and held that the Constitution protects a right of individuals to possess guns. It has dramatically cut back on the rights of criminal defendants, especially as to the exclusion of evidence gained through illegal searches and seizures under the 4th Amendment and the protections of the 5th Amendment's privilege against self-incrimination. It has greatly limited the ability of the government to formulate remedies for the segregation of public schools. It has significantly expanded the power of the government to regulate abortions.
As always, the composition of the court is a product of historical accident and presidential elections. From 1968 to 2009, there were only two Democratic appointees to the Supreme Court, Ruth Bader Ginsburg and Stephen G. Breyer, in part because President Carter is one of the few presidents who did not get to fill a vacancy. Republican Presidents Nixon, Ford, Reagan and both Bushes had a total of 12 vacancies to fill, and their picks included four staunch conservatives who are now on the court: Roberts, Antonin Scalia, Clarence Thomas and Samuel A. Alito Jr....
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As the Supreme Court begins its new term Monday, its sixth with John G. Roberts Jr. as chief justice, the reality is that this is the most conservative court since the mid-1930s. Since Richard Nixon ran for president in 1968, conservatives have sought to change constitutional law, and they have succeeded in virtually every area.
During the first years of the Roberts court, it has consistently ruled in favor of corporate power, such as in holding that corporations have the 1st Amendment right to spend unlimited amounts in independent political campaigns. For the first time in American history, the high court has struck down laws regulating firearms as violations of the 2nd Amendment and held that the Constitution protects a right of individuals to possess guns. It has dramatically cut back on the rights of criminal defendants, especially as to the exclusion of evidence gained through illegal searches and seizures under the 4th Amendment and the protections of the 5th Amendment's privilege against self-incrimination. It has greatly limited the ability of the government to formulate remedies for the segregation of public schools. It has significantly expanded the power of the government to regulate abortions.
As always, the composition of the court is a product of historical accident and presidential elections. From 1968 to 2009, there were only two Democratic appointees to the Supreme Court, Ruth Bader Ginsburg and Stephen G. Breyer, in part because President Carter is one of the few presidents who did not get to fill a vacancy. Republican Presidents Nixon, Ford, Reagan and both Bushes had a total of 12 vacancies to fill, and their picks included four staunch conservatives who are now on the court: Roberts, Antonin Scalia, Clarence Thomas and Samuel A. Alito Jr....