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Justices begin another blockbuster year.

Article Excerpt
The October 2004 Supreme Court term is the 11th that the current nine justices have served together. The past decade represents the second-longest period in U.S. history without a vacancy on the Court and the longest since the early 19th century. Even with half the docket for the current term remaining to be set--the Court will continue to grant review in cases for this year until early January--this promises to be a year marked by blockbuster decisions.

Each of the Court's previous 10 terms has been marked by rulings that resolved major legal questions and received wide-spread coverage in the press. That trend will continue this year.

Already on docket are cases concerning whether Congress can prohibit medical use of marijuana, whether the Federal Sentencing Guidelines are constitutional, whether the death penalty for crimes committed by juveniles is cruel and unusual punishment, and whether racial segregation of prisoners violates equal protection. (1)

Federalism

When historians look back at the Rehnquist Court's decisions, they will no doubt say that it effected the most change in the area of federalism. Over the past decade, and particularly over the last five years, the Court has dramatically limited the scope of Congress's powers under the Commerce Clause and [section]5 of the Fourteenth Amendment (2) and has reinforced state sovereign immunity. (3)

This term, the Supreme Court will revisit the issue of state sovereignty yet again. In Ashcroft v. Raich, the Court will consider whether the Controlled Substances Act exceeds the scope of Congress's authority under the Commerce Clause when it is applied to marijuana grown within a state for personal medicinal use or distribution without charge. (4) Simply put, does the government have the power to criminally punish those who grow marijuana for their...

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