Supreme Court docket could change views on Bill of Rights

October 5, 8:54 AMLiberal Issues ExaminerWilliam Skordelis

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2009-2010 Supreme Court group photo.

The United States Supreme Court starts its 2009-2010 session today, and with Barack Obama’s first appointee Justice Sonia Sotomayor added to the bench, speculation is high. Some believe that the nation’s first Latina justice, and especially one with an inner-city upbringing and experience as a prosecutor, intellectual property lawyer and trial judge, can’t help but add diversity to the mindset of the court.

But some experts believe Justice Sotomayor will not deviate far from positions taken by moderate liberal, Justice David H. Souter, who gave up his seat to retire earlier this year. While many believe there will not be sweeping fundamental changes to the court’s approach to constitutional questions, it has been pointed out that Justice Sotomayor’s rich background from her time on the federal appeals court in New York, deciding cases of criminal law and corporate law will serve her well with a docket heavy in cases involving business issues (24 of 45 cases according to the National Chamber Litigation Center of the United States Chamber of Commerce).

But beyond business and corporate decisions, the docket will include several cases that could change how we view the Bill of Rights, the fundamental rights of each individual protected by and from the federal government.

Second Amendment - Challenge to gun control laws: In hearing the case concerning Chicago’s ban on handguns, the court’s decision will set the precedence on whether the Second Amendment’s guarantee of an individual’s right to own guns overrules state laws and city regulations. Depending on the outcome this court’s decision could affect future challenges to state and local laws that may restrict who can own guns, whether they must be registered, how and when they can be carried, and how they must be stored.

First Amendment – The presence of a religious symbol on federal land: The court will decide the case of whether an 8 foot cross, erected in the Mojave National Preserve 70 years ago as a monument to remember fallen World War I soldiers constitutes a violation of separation of church and state.

First Amendment – Campaign fund restrictions: Based on a dispute over the 2008 campaign documentary titled “Hillary.” The court will decide if the film, created by the Conservative group Citizens United, was banned unconstitutionally by the Federal Election Commission on the grounds that it was considered an electioneering communication. Besides the question of free speech, this case could well decide the broader issues of campaign finance and corporate campaign donations.

First Amendment – Challenge over a dog-fighting video: The court will hear the case of Robert Stevens who according to a 1999 law was convicted for distributing videos depicting dog-fighting. Stevens was convicted but a federal appeals court threw out the conviction, deciding that the law aimed at curtailing cruelty to animals violated Stevens’ right to free speech. Stevens argued that the videos were intended to educate people about the pit bull breed and that he was not trying to promote illegal dog-fighting. This case could decide the broader issue of whether the government can place restrictions on free speech without violating the First Amendment.

Eighth Amendment: Challenge to sentencing a juvenile to life in prison: The court will decide whether or not a life sentence given to a juvenile who has committed a violent crime such as murder or rape constitutes a violation of the Eighth Amendment which protects against cruel and unusual punishment.

For more articles on the issue of handguns, click here.

Photo credit: With the addition of the Supreme Court's newest member, Justice Sonia Sotomayor, top row, right, the high court sits for a new group photograph, Tuesday, Sept. 29, 2009, at the Supreme Court in Washington. Seated, from left are: Associate Justice Anthony M. Kennedy, Associate Justice John Paul Stevens, Chief Justice John G. Roberts, Associate Justice Antonin Scalia, and Associate Justice Clarence Thomas. Standing, from left are: Associate Justice Samuel Alito Jr., Associate Justice Ruth Bader Ginsburg, Associate Justice Stephen Breyer, and Associate Justice Sonia Sotomayor. (AP Photo/Charles Dharapak)