Leading Cases of the Term

By Tom Goldstein
on Jun 26, 2005 at 5:47 pm

Consolidated from the earlier lists I published, here is my overall list of the ten biggest cases of the Term:
Booker/Fanfan – 5-4 (per JPS and SGB) – the Apprendi rule applies to the Federal Sentencing Guidelines, which are rendered advisory
Cutter – 9-0 (per RBG) – Congress does not violate the Establishment Clause by directing state prisons to reasonably accommodate prisoners’ religions
Grokster – pending
Heald/Swedenburg – 5-4 (per AMK) – states may not forbid the direct sale of imported, but not locally manufactured, wine
Kelo – 5-4 (per JPS) – States may exercise their eminent domain power for economic development purposes with little judicial oversight
Livestock Marketing – 6-3 (per AS) – the government may require farmers to contribute to generic commodity advertising programs
Medellin – 5-4 (per curiam) – the Court will not yet decide what relief foreign national death penalty defendants receive when the government fails to adhere to their consular rights
Raich – 6-3 (per JPS) – Congress may constitutionally apply the federal drug laws to marijuana that is entirely locally own and not commercially distributed
Roper – 5-4 (per AMK) – the Constitution forbids executing persons for crimes they committed prior to age 18
Van Orden/McCreary County – pending