Noteworthy Upcoming Supreme Court Cases
Bryan Andersen
Issue date: 10/20/09 Section: News
As the new U.S. Supreme Court term starts, recently appointed Justice Sotomayer will have a full case load in front of her filled with controversial issues. Here is a quick overview of some of the significant cases for the 2009-2010 term:
Following in the wake of the Keller decision, the court will decide whether the second amendment applies to state and community laws restricting gun possession in various ways. Specifically, a Chicago handgun ban is being challenged. It is possible that the second amendment will finally be incorporated against the states, just like many of the other amendments.
Another tricky ruling regarding the establishment clause appears likely in the new term. A large cross has stood upright in the Mojave National Preserve for at least 75 years, serving as a memorial for fallen World War I soldiers. There is a jurisdictional issue on whether a claim can be brought in the first place. In addition, the court might have to decide whether the cross is a government endorsement of religion. It is important to note that Congress declared the cross a national memorial, but also transferred the land which the cross stands on to private ownership.
The constitutionality of sentencing minors, not involved in a killing, to life without parole will be examined. Is this type of sentencing for minors cruel and unusual punishment? Recently, the court ruled that the death penalty for minors was unconstitutional.
Part of the Sarbanes-Oxley Act of 2002 is being challenged. The Act created the Public Accounting Oversight Board that oversees the entire accounting industry, and the issue is whether this Board violates the separation of powers between the branches of government. It would violate the separation of powers if the Board were determined to be outside the control of government.
The court will consider whether NFL teams can collaborate to sell merchandise as one unit without violating anti-trust laws. This presents a rare but important intellectual property case.
Following in the wake of the Keller decision, the court will decide whether the second amendment applies to state and community laws restricting gun possession in various ways. Specifically, a Chicago handgun ban is being challenged. It is possible that the second amendment will finally be incorporated against the states, just like many of the other amendments.
Another tricky ruling regarding the establishment clause appears likely in the new term. A large cross has stood upright in the Mojave National Preserve for at least 75 years, serving as a memorial for fallen World War I soldiers. There is a jurisdictional issue on whether a claim can be brought in the first place. In addition, the court might have to decide whether the cross is a government endorsement of religion. It is important to note that Congress declared the cross a national memorial, but also transferred the land which the cross stands on to private ownership.
The constitutionality of sentencing minors, not involved in a killing, to life without parole will be examined. Is this type of sentencing for minors cruel and unusual punishment? Recently, the court ruled that the death penalty for minors was unconstitutional.
Part of the Sarbanes-Oxley Act of 2002 is being challenged. The Act created the Public Accounting Oversight Board that oversees the entire accounting industry, and the issue is whether this Board violates the separation of powers between the branches of government. It would violate the separation of powers if the Board were determined to be outside the control of government.
The court will consider whether NFL teams can collaborate to sell merchandise as one unit without violating anti-trust laws. This presents a rare but important intellectual property case.
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