How Will the Justices Rule? The Supreme Court is considering important cases this term on a variety of hot-button issues.
Author | Smith, Patricia |
Chief Justice
John G. Roberts Jr.
Leans conservative
Appointed by
George W. Bush in 2005
Clarence Thomas
Leans conservative
Appointed by
George H. W. Bush in 1991
Samuel A. Alito Jr.
Leans conservative
Appointed by
George W. Bush in 2006
Neil M. Gorsuch
Leans conservative
Appointed by
Donald Trump in 2017
Brett Kavanaugh
Leans conservative
Appointed by
Donald Trump in 2018
Ruth Bader Ginsburg
Leans liberal
Appointed by
Bill Clinton in 1993
Stephen G. Breyer
Leans liberal
Appointed by
Bill Clinton in 1994
Sonia Sotomayor
Leans liberal
Appointed by
Barack Obama in 2009
Elena Kagan
Leans liberal
Appointed by
Barack Obama in 2010
Before its current term ends in June, the Supreme Court will have the potential to reshape U.S. law--and American life--on a host of hot-button issues. Cases on the docket include important ones about immigration, gun rights, gay rights, and jury trials. Adding to the potential drama: The rulings are expected early next summer, just as the presidential election will be heating up.
"Although the Court will carry on with a sense of normalcy," says Lisa S. Blatt, a Washington, D.C., lawyer who often argues cases there, "it will be hard for them to ignore the polarization in the country."
The Court's newest member, Justice Brett Kavanaugh, took his seat last fall and cemented what is now a solid conservative majority. Kavanaugh, appointed by President Trump, replaced Justice Anthony Kennedy, who was often a swing vote between the Court's liberal and conservative wings. Experts say Chief Justice John Roberts could be the new swing vote. Here's what you need to know to understand some of the key cases.
Will young undocumented immigrants be subject to deportation?
Department of Homeland Security v. Regents of the State of California
For seven years, nearly 800,000 young men and women who were brought to the United States illegally as children have lived in limbo, protected from deportation but without the guarantee of a permanent future in the U.S.
The federal program that has protected them is called Deferred Action for Childhood Arrivals, or DACA. In 2012, then-President Barack Obama created DACA by executive order. Obama and immigration advocates said the children shouldn't be penalized for their parents' decisions to come illegally to the U.S.
President Trump wants to end the program, which he called an "end run around Congress." He said Obama's use of executive authority to protect the young immigrants violated "the core tenets that sustain our Republic." Now the Supreme Court will decide whether Thimp can carry out his plan.
Lower courts have so far blocked the Trump administration's attempts to do away with DACA, saying that the government's rationale for ending the program was "arbitrary and capricious."
"This is hugely important," says David Cole, legal director of the ACLU, the country's largest civil liberties organization, "because this one legal decision will directly affect 800,000 lives."
However the Court rules, its decision could roil the presidential election. Allowing the Trump administration to end the program could energize Democratic voters and immigration advocates to campaign even more aggressively against the president. If the Court prevents Trump from ending DACA, that could fire up his base of voters, many of whom see the program as a kind of amnesty for undocumented immigrants.
Must a jury be unanimous to convict someone in a criminal case?
Ramos v. Louisiana
In 2014, Evangelista Ramos, a Louisiana boat worker, was accused of killing a woman in New Orleans. Prosecutors were able to convince only 10 of 12 jurors of Ramos's guilt, but that was enough for a conviction; he was sentenced to life in prison without parole. Ramos, now 46, maintains his innocence.
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