WASHINGTON – The Supreme Court returns Monday with an ailing leader, pressure to rule quickly on the constitutionality of federal prison sentences and a slew of contentious issues to decide, from medical marijuana to Ten Commandment displays.
The most immediate concern is the health of Chief Justice William Rehnquist, who was diagnosed with thyroid cancer in October. He has been working part time at the court for more than two weeks but still is too ill to return to the bench.
At 80, Rehnquist already was considered a top retirement prospect on a court that has had no turnover in a decade. But justices try to time their departures for the court’s summer recess, to avoid 4-4 ties in cases.
Rehnquist’s absence has yet to produce any tie votes. Even though he missed all the arguments in November and December, he has reviewed the cases and could vote if needed.
The justices could rule as early as this week on whether the longtime system for sentencing federal defendants should be thrown out because it lets judges, rather than juries, decide factors that add years to prison time. Many judges have delayed sentencings while awaiting the high court’s decision.
Other major cases involve whether states can execute juvenile killers, whether the federal government can prosecute people who use marijuana medicinally, and whether states can bar interstate wine sales over the Internet.
Some other big issues are still to be argued – or are awaiting an announcement on whether the justices will hear them.
Two February cases will be closely watched by local governments and land rights groups. They involve the government’s power to take people’s land or put limits on its use.
In early March, large crowds are expected when justices take up two cases that question the constitutionality of government displays of the Ten Commandments. The last major religion case was last year’s challenge to the words “under God” in the Pledge of Allegiance. Justices settled the case without ruling on the merits.
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