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Oyez! Oyez! the Court Is Now in Session!! the 2007-08 Term of the U

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Oyez! Oyez! the Court Is Now in Session!! the 2007-08 Term of the U OYEZ! OYEZ! THE COURT IS NOW IN SESSION!! THE 2007-08 TERM OF THE U. S. SUPREME COURT Prepared by Yvonne Greenwood, Coordinator Law-Related Education State Bar of Texas [email protected] 800-204-2222 ext. 1820 www.texaslre.org Session Co-Presenter Professor Jerry Perry Angelo State University [email protected] Law-Related Education State Bar of Texas SESSION AGENDA 1. The United States Supreme Court 2007-08 2. Statistics 3. Student Questions 4. 2007-08 Term Cases: First Amendment Case: Washington State Grange v. Washington State Republican Party Second Amendment Case: District of Columbia v. Heller Sixth Amendment Case: Giles v. California Eighth Amendment Cases: Baze v. Rees Kennedy v. Louisiana Fourteenth Amendment Case: Crawford v. Marion County Election Board Question of Law: Boumediene v. Bush 4. Sources 2 THE UNITED STATES SUPREME COURT Name of Justice Year Law School Position Prior to Appointed By Year of Attended Home State Appointment Service Birth Began John G. Roberts, Jr. 1955 Harvard Indiana U.S. Court of Appeals George W. 2005 Chief Justice Bush (R) Stevens, John Paul 1920 Northwestern Illinois U.S. Court of Appeals Ford (R) 1975 Scalia, Antonin 1936 Harvard New Jersey U.S. Court of Appeals Reagan (R) 1986 Kennedy, Anthony 1936 Harvard California U.S. Court of Appeals Reagan (R) 1988 New George H.W. Souter, David 1939 Harvard Hampshire U.S. Court of Appeals Bush (R) 1990 District of George H.W. Thomas, Clarence 1948 Yale Colombia U.S. Court of Appeals Bush (R) 1991 Ginsburg, Ruth 1933 Columbia New York U.S. Court of Appeals Clinton (D) 1993 Breyer, Steven 1938 Harvard Massachusetts U.S. Court of Appeals Clinton (D) 1994 Geroge W. Samuel A. Alito, Jr. 1950 Yale New Jersey U. S. Court of Appeals Bush (R) 2006 Ideological Make-Up Liberal Middle Conservative Stevens, Souter Ginsburg, Breyer Kennedy Roberts, Alito Scalia, Thomas 3 SUPREME COURT STATISTICS 2007-2008 TERM OPINIONS WRITTEN 2007-2008 Opinions Total Roberts Stevens Scalia Kennedy Souter Thomas Ginsburg Breyer Alito 67 8 7 9 6 7 8 8 8 6 Majority 67 3 13 8 4 7 9 8 8 7 Dissents Abstentions 4 1 0 0 0 0 0 0 2 1 VOTING RECORD 2007-2008 TERM MAJORITY OPINIONS Breyer Alito Majority/ Majority Roberts Stevens Scalia Kennedy Souter Thomas Ginsburg # Cases % Roberts 59/66 89.4 -- 43 51 51 44 47 43 45 51 Stevens 50/67 74.6 43 -- 38 43 44 33 42 44 40 Scalia 54/67 80.6 51 38 -- 47 38 47 39 38 47 Kennedy 57/67 85.1 51 43 47 -- 43 41 43 46 47 Souter 51/67 76.1 44 44 38 43 -- 35 46 44 39 Thomas 50/67 74.6 47 33 47 41 35 -- 34 34 44 Ginsburg 51/67 76.1 43 42 39 43 46 34 -- 44 40 Breyer 51/65 78.5 45 44 38 46 44 34 44 -- 40 Alito 54/66 81.8 51 40 47 47 39 44 40 40 -- 4 DISSENTING OPINIONS 2007-2008 TERM Minority/ Minority Roberts Stevens Scalia Kennedy Souter Thomas Ginsburg Breyer Alito # Cases % 7/66 10.6 -- 0 5 2 0 5 0 1 4 Roberts 17/67 25.4 0 -- 1 3 9 0 7 7 2 Stevens 13/67 19.4 5 1 -- 3 0 10 1 0 5 Scalia 10/67 14.9 2 3 3 -- 2 1 2 5 3 Kennedy 16/67 23.9 0 9 0 2 -- 0 10 7 1 Souter 17/67 25.4 5 0 10 1 0 -- 0 0 6 Thomas 16/67 23.9 0 7 1 2 10 0 -- 7 1 Ginsburg 14/65 21.5 1 7 0 5 7 0 7 -- 1 Breyer 12/66 18.2 4 2 5 3 1 6 1 1 -- Alito 5 SUPREME “BATTING AVERAGES” 2007-2008 TERM (The chart shows how many times each justice voted in the majority and the percentages of cases he/she agreed with other members of the Court.) Majority/ Majority Dissent/ Dissent Roberts Roberts Stevens Stevens Scalia Kennedy Kennedy Scalia # Cases % # Cases % % % % % Roberts 59/66 89.4 7/66 10.6 -- -- 43 65.2 51 77.3 51 77.3 Stevens 50/67 74.6 17/67 25.4 43 64.2 -- -- 38 56.7 43 64.2 Scalia 54/67 80.6 13/67 19.4 51 76.1 38 56.7 -- -- 47 70.1 Kennedy 57/67 85.1 10/67 14.9 51 76.1 43 64.2 47 70.1 -- -- Souter 51/67 76.1 16/67 23.9 44 65.7 44 65.7 38 56.7 43 64.2 Thomas 50/67 74.6 17/67 25.4 47 70.1 33 49.3 47 70.1 41 61.2 Ginsburg 51/67 76.1 16/67 23.9 43 64.2 42 62.7 39 58.2 43 64.2 Breyer 51/65 78.5 14/65 21.5 45 69.2 44 67.7 38 58.5 46 70.8 Alito 54/66 81.8 12/66 18.2 51 77.3 40 60.6 47 71.2 47 71.2 . Majority/ Majority Dissent Dissent Souter Souter Thomas Thomas Gins- Gins- Breyer Breyer Alito Alito # Cases % % % % burg burg % % % Roberts 59/66 89.4 7/66 10.6 44 66.7 47 71.2 43 65.2 45 68.2 51 77.3 Stevens 50/67 74.6 17/67 25.4 44 65.7 33 49.3 42 62.7 44 65.7 40 59.7 Scalia 54/67 80.6 13/67 19.4 38 56.7 47 70.1 39 58.2 38 56.7 47 70.1 Kennedy 57/67 85.1 10/67 14.9 43 64.2 41 61.2 43 64.2 46 68.7 47 70.1 Souter 51/67 76.1 16/67 23.9 -- -- 35 52.2 46 68.7 44 65.7 39 58.2 Thomas 50/67 74.6 17/67 25.4 35 52.2 -- -- 34 50.7 34 50.7 44 65.7 Ginsburg 51/67 76.1 16/67 23.9 46 68.7 34 50.7 -- -- 44 65.7 40 59.7 Breyer 51/65 78.5 14/65 21.5 44 67.7 34 52.3 44 67.7 -- -- 40 61.5 Alito 54/66 81.8 12/66 18.2 39 59.1 44 66.7 40 60.6 40 60.6 -- -- 6 2007-2008 VOTES 9-0 20 29.85 8-1 6 8.96 7-2 17 25.37 6-3 10 14.93 5-3 2 2.98 5-4 11 16.42 5-2 1 1.49 67 100.00% VOTING BLOCKS IN 5-TO-4 VOTES 4 Roberts, Scalia, Thomas, Ginsburg, Alito 3 Roberts, Scalia, Kennedy, Thomas, Alito 1 Roberts, Scalia, Thomas, Ginsburg, Alito 1 Roberts, Stevens, Scalia, Thomas, Alito 1 Roberts, Stevens, Thomas, Souter, Breyer 1 Stevens, Scalia, Thomas, Souter, Ginsburg 7 SUPREME COURT STATISTICS 2006-2008 TERMS OPINIONS WRITTEN 2006-2008 Opinions Total Roberts Stevens Scalia Kennedy Souter Thomas Ginsburg Breyer Alito 134 15 14 17 14 14 16 15 16 13 Majority 125 6 28 17 5 13 16 13 16 11 Dissents Abstentions 11 4 0 0 1 0 1 0 4 1 VOTING RECORD 2006-2008 TERM MAJORITY OPINIONS Breyer Alito Majority/ Majority Roberts Stevens Scalia Kennedy Souter Thomas Ginsburg # Cases % Roberts 115/130 88.5 -- 74 101 104 85 95 78 82 104 Stevens 90/134 67.2 74 -- 67 81 82 60 81 80 73 Scalia 107/134 79.9 101 67 -- 97 76 97 74 71 96 Kennedy 121/133 91.0 104 81 97 -- 91 90 87 91 104 Souter 102/134 76.1 85 82 76 91 -- 71 91 88 82 Thomas 101/133 75.9 95 60 97 90 71 -- 67 65 92 Ginsburg 98/134 73.1 78 81 74 87 91 67 -- 86 79 Breyer 98/130 75.4 82 80 71 91 88 65 86 -- 79 Alito 112/133 84.2 104 73 96 104 82 92 79 79 -- 8 DISSENTING OPINIONS 2006-2008 TERMS Minority/ Minority Roberts Stevens Scalia Kennedy Souter Thomas Ginsburg Breyer Alito # Cases % 15/130 11.5 -- 1 13 2 1 12 0 1 10 Roberts 44/134 32.8 1 -- 3 4 23 2 26 22 4 Stevens 27/134 20.1 13 3 -- 3 1 22 3 0 11 Scalia 12/133 9.0 2 4 3 -- 2 1 2 6 5 Kennedy 32/134 23.9 1 23 1 2 -- 1 24 20 2 Souter 32/133 24.1 12 2 22 1 1 -- 2 0 12 Thomas 36/134 26.9 0 26 3 2 24 2 -- 21 2 Ginsburg 32/130 24.6 1 22 0 6 20 0 21 -- 2 Breyer 21/133 15.8 10 4 11 5 2 12 2 2 -- Alito 9 SUPREME “BATTING AVERAGES” 2006-2008 (The chart shows how many times each justice voted in the majority and the percentages of cases he/she agreed with other members of the Court.) Majority/ Majority Dissent/ Dissent Roberts Roberts Stevens Stevens Scalia Kennedy Kennedy Scalia # Cases % # Cases % % % % % Roberts 115/130 88.5 15/130 11.5 -- -- 74 56.9 101 77.7 104 80.0 Stevens 90/134 67.2 44/134 32.8 74 55.2 -- -- 67 50.0 81 60.4 Scalia 107/134 79.9 27/134 20.1 101 75.4 67 50.0 -- -- 97 72.4 Kennedy 121/133 91.0 12/133 9.0 104 78.2 81 60.9 97 72.9 -- -- Souter 102/134 76.1 32/134 23.9 85 63.4 82 61.2 76 56.7 91 67.9 Thomas 101/133 75.9 32/133 24.1 95 71.4 60 45.1 97 72.9 90 67.7 Ginsburg 98/134 73.1 36/134 26.9 78 58.2 81 60.4 74 55.2 87 64.9 Breyer 98/130 75.4 32/130 24.6 82 63.1 80 61.5 71 54.6 91 70.0 Alito 112/133 84.2 21/133 15.8 104 78.2 73 54.9 96 72.2 104 78.2 .
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