With two new justices on the bench, the U.S. Supreme Court dealt with some of the most controversial civil liberties issues of our time. As they judged the cases, we judged the judges.
Parents v. Seattle
Relevant Text: Fourteenth Amendment
The Big Question: Are school desegregation programs that rely exclusively on racial identification, and that are implemented in school districts that were not segregated at the time of Brown v. Board of Education, consistent with the Brown precedent?
The Big Answer: No, in a 5-4 ruling written by Chief Justice John Roberts and joined by justices Alito, Kennedy, Scalia, and Thomas.
Gonzales v. Carhart
Relevant Text: Ninth Amendment, Fourteenth Amendment
The Big Question: Does Congress' ban on "partial-birth" (live intact D&X) abortions constitute an undue burden on a woman's right to choose?
The Big Answer: No, in a 5-4 ruling written by Justice Anthony Kennedy and joined by justices Alito, Roberts, Scalia, and Thomas.
Ledbetter v. Goodyear
Relevant Text: Title VII of the Civil Rights Act of 1964
The Big Question: Does the 180-day deadline on filing Title VII claims apply to cases of wage discrimination, where the discrimination recurs with each paycheck?
The Big Answer: Yes, in a 5-4 ruling written by Justice Samuel Alito and joined by justices Kennedy, Roberts, Scalia, and Thomas.
Morse v. Frederick
Relevant Text: First Amendment
The Big Question: Can school officials restrict student speech at official school events if it is perceived as promoting illegal drug use?
The Big Answer: Yes, in a 5-4 ruling written by Chief Justice John Roberts and joined by justices Alito, Kennedy, Scalia, and Thomas.
Hein v. Freedom From Religion Foundation
Relevant Text: First Amendment
The Big Question: Do citizens who are not directly affected by an establishment clause violation have standing to challenge it in court?
The Big Answer: No, in a 5-4 ruling written by Justice Samuel Alito and joined by justices Kennedy, Roberts, Scalia, and Thomas.
FEC v. Wisconsin Right to Life
Relevant Text: First Amendment
The Big Question: Is the section of the McCain-Feingold campaign finance bill, prohibiting issue ads during the 30 days before an election, consistent with the First Amendment's free speech guarantees?
The Big Answer: No, in a 5-4 ruling written by Chief Justice John Roberts and joined by justices Alito, Kennedy, Scalia, and Thomas.
Panetti v. Quarterman
Relevant Text: Eighth Amendment
The Big Question: Can the government legally execute insane prisoners who do not understand the reason for their executions if they were previously found guilty and sentenced to death?
The Big Answer: No, in a 5-4 ruling written by Justice Anthony Kennedy and joined by justices Breyer, Ginsburg, Souter, and Stevens.
Brendlin v. California
Relevant Text: Fourth Amendment
The Big Question: Can police officers seize a car's passenger if the driver has agreed to pull over?
The Big Answer: No, in a unanimous ruling written by Justice David Souter.
Lopez v. Gonzales
Relevant Text: Controlled Substances Act (CSA) of 1970
The Big Question: Can a legal resident be deported by the U.S. government under the CSA, which mandates deportation for federal drug felony offenses, after being convicted of a state-level drug felony that is classified as a misdemeanor under federal law?
The Big Answer: No, in an 8-1 ruling written by Justice David Souter and joined by justices Alito, Breyer, Ginsburg, Kennedy, Roberts, Scalia, and Stevens.
Scott v. Harris
Relevant Text: Fourth Amendment
The Big Question: If an officer believes that a nonresponsive driver moving at a high rate of speed constitutes a danger to bystanders, would it constitute excessive force for the officer to run the driver off the road?
The Big Answer: No, in an 8-1 ruling written by Justice Antonin Scalia and joined by justices Alito, Breyer, Ginsburg, Kennedy, Roberts, Souter, and Thomas.











