High court’s issue of the year

By Anne Gearan

Associated Press

WASHINGTON — Despite widespread predictions of at least one Supreme Court retirement, the same familiar nine justices will take the bench Monday for the start of a new term dominated by a dramatic test of the separation of church and state.

The court also plans to rule on cases involving affirmative action, the death penalty and child pornography, among other issues. So far, it looks like a year that will draw a moderate amount of interest from the general public, lawyers and law professors said.

"A medium year, but the main thing to remember is that you can’t tell very much at this point," said Georgetown University law professor Susan Low Bloch. "At this point last year, we had no idea there would be a Bush v. Gore."

That decision defined the court last year and led to deep public division over the court’s role in ending ballot recounts in Florida. The bitter 5-4 vote left the justices testy, but they seem to have shaken it off, said University of Virginia law professor A.E. Dick Howard.

"I think the justices will return in a much more amiable state of mind," he said.

The conservative-dominated court has gradually redrawn the line governing government involvement in religious education. It could go much further with a Cleveland case that asks whether the Constitution permits taxpayer money to subsidize tuition at church-run schools.

The court will hear the school voucher case sometime early next year, with a decision expected by summer.

The affirmative action case features a small, white-owned construction firm in Colorado and its fight against government programs that help steer business to rival minority firms. Like the voucher case, it presents a constitutional question that also carries great political freight for the Bush administration and conservative voters.

The court seems determined to rule this term on whether it is constitutional to execute the mentally retarded. The court will reconsider a 1989 ruling upholding such executions.

Last week, the court dismissed a case that had become moot, but immediately substituted another appeal from a death row inmate with an IQ of 59.

Other highlights of the court schedule so far include two cases dealing with children, pornography and the Internet.

Meanwhile, the retirement rumors haven’t gone away.

All eyes are again on Chief Justice William Rehnquist and Justice Sandra Day O’Connor, both past 70 and veterans of 20 years or more on the court. Someone seems sure to leave within a year or two, court scholars said. According to law professor Howard, "It’s hard to imagine (President) Bush’s first term passing without one or two vacancies on the court."

Copyright ©2001 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

Talk to us

> Give us your news tips.

> Send us a letter to the editor.

> More Herald contact information.

More in Local News

Customers enter and exit the Costco on Dec. 2, 2022, in Lake Stevens. (Olivia Vanni / The Herald)
Costco stores could be impacted by looming truck driver strike threat

Truck drivers who deliver groceries and produce to Costco warehouses… Continue reading

Two Washington State ferries pass along the route between Mukilteo and Clinton as scuba divers swim near the shore Sunday, Oct. 22, 2023, in Mukilteo, Washington. (Ryan Berry / The Herald)
Ferry system increases ridership by a half million in 2024

Edmonds-Kingston route remains second-busiest route in the system.

A view of a homes in Edmonds, Washington on Friday, Sept. 8, 2023. (Olivia Vanni / The Herald)
Snohomish County to mail property tax statements this month

First half payments are due on April 30.

Ticket and ORCA card kiosks at the Lynnwood Light Rail station on Thursday, April 4, 2024 in Lynnwood, Washington. (Olivia Vanni / The Herald)
Beginning March 1, Community Transit to reduce some fares

Riders eligible for reduced fares will pay $1 for a single ORCA card tap and $36 for a monthly pass.

Robin Cain with 50 of her marathon medals hanging on a display board she made with her father on Thursday, Jan. 2, 2025 in Lake Stevens, Washington. (Olivia Vanni / The Herald)
Running a marathon is hard. She ran one in every state.

Robin Cain, of Lake Stevens, is one of only a few thousand people to ever achieve the feat.

People line up to grab food at the Everett Recovery Cafe on Wednesday, Dec. 4, 2024 in Everett, Washington. (Olivia Vanni / The Herald)
Coffee, meals and compassion are free at the Everett Recovery Cafe

The free, membership-based day center offers free coffee and meals and more importantly, camaraderie and recovery support.

Devani Padron, left, Daisy Ramos perform during dance class at Mari's Place Monday afternoon in Everett on July 13, 2016. (Kevin Clark / The Herald)
Mari’s Place helps children build confidence and design a better future

The Everett-based nonprofit offers free and low-cost classes in art, music, theater and dance for children ages 5 to 14.

The Everett Wastewater Treatment Plant along the Snohomish River on Thursday, June 16, 2022 in Everett, Washington. (Olivia Vanni / The Herald)
Everett water, sewer rates could jump 43% by 2028

The rate hikes would pay for improvements to the city’s sewer infrastructure.

The bond funded new track and field at Northshore Middle School on Thursday, Oct. 24, 2024 in Bothell, Washington. (Courtesy of Northshore School District)
Northshore School District bond improvements underway

The $425 million bond is funding new track and field complexes, playgrounds and phase one of two school replacements.

The amphitheater at Deception Pass during the 2021 concert series. (Photo provided by Deception Pass Park Foundation Facebook page.)
Deception Pass Foundation seeks Adopt-A-Trail volunteers

If you’re looking for a way to get outside and… Continue reading

A pedestrian is struck and killed by vehicle Wednesday in Everett

The pedestrian was a man in his 60s. The collision happened at 5:30 a.m. on Broadway.

Want coffee? Drink some with the Marysville mayor.

A casual question-and-answer session between mayor and constituents is planned for March 24.

Support local journalism

If you value local news, make a gift now to support the trusted journalism you get in The Daily Herald. Donations processed in this system are not tax deductible.