08 July 2008
Supreme Court Completes Business for 2007-2008 Term
Rules on gun control, Guantanamo detainees, capital punishment
Washington -- As is its tradition, the Supreme Court of the United States completed its 2007-2008 session in late June with a flurry of slip opinions, the printed paper copies of its decisions on individual cases.
Several rulings in this session particularly attracted international attention.
In Baze v. Rees, issued April 16, the court refined its interpretation of the Eighth Amendment, ruling that capital punishment by lethal injection does not constitute cruel and unusual punishment.
“Simply because an execution method may result in pain, either by accident or as an inescapable consequence of death, does not establish the sort of ‘objectively intolerable risk of harm’ that qualifies as cruel and unusual,” writes Chief Justice John Roberts.
Even though the court agreed lethal injection does not constitute cruel and unusual punishment, the justices were unable to agree on a definition of what would constitute cruel and unusual punishment. (See “Capital Punishment in United States Continues To Be Debated.”)
On June 12, in Boumediene v. Bush, the court ruled individuals detained as illegal combatants in the U.S. Navy base at Guantanamo Bay, Cuba, have a constitutional right to challenge their detention.
The ruling overturned a provision of the Military Commissions Act of 2006 that states no court shall have jurisdiction to consider an application for habeas corpus filed by any non-U.S. citizen detainee.
The Supreme Court’s majority opinion in the case underscores a fundamental tenet of the U.S. system of democracy: “The laws and Constitution are designed to survive, and remain in force, in extraordinary times. Liberty and security can be reconciled; and in our system they are reconciled within the framework of the law.” (See “Guantanamo Detainees Win Right to Challenge Their Detention.”)
In its June 26 decision on District of Columbia v. Heller, the Supreme Court affirmed the Second Amendment right of individuals to keep and bear arms when it struck down a ban on handguns in the nation’s capital.
Justice Antonin Scalia, writing for the majority, comes down firmly on the need for the government -- even the judiciary, which he calls the “Third Branch” -- to respect and protect rights specifically listed in the Constitution: “The very enumeration of the right takes out of the hands of government -- even the Third Branch of Government -- the power to decide on a case-by-case basis whether the right is really worth insisting upon.” (See “Highest U.S. Court Examines, Interprets Constitutional Right.”)
Each of these cases represents a different facet of the subject on which the Supreme Court most frequently rules -- matters of constitutional law.
HIGHEST COURT IN THE LAND
The Supreme Court, established in 1789 by the U.S. Constitution as the head of the judicial branch of the federal government, acts as both the highest national court and the final arbiter in matters of constitutionality.
The federal court system, which also includes lower-level appeal and district courts, is one component of the U.S. three-part federal system of government in which the powers and authorities of each check and balance the powers and authorities of the other branches.
The legislative branch makes the law; the executive branch implements and enforces it; and the judicial branch applies and interprets the law. The Supreme Court has the power to declare laws or government actions unconstitutional.
The Supreme Court comprises eight associate justices and one chief justice, with each justice holding one vote in deciding each case. A Supreme Court justice, who serves for life or until he or she decides to retire, is nominated by the president and confirmed by the Senate. The judicial branch of federal government is the only branch not elected by the American people.
Each year, the court receives more than 7,000 requests for “writs of certiorari” (petitions for review of lower court decisions). Only about 100 of those petitions are granted each year, which allow attorneys from both sides of a case to argue it before the Supreme Court.
Cases are decided by a simple majority -- the votes of five or more justices. The court issues a formal written ruling outlining its decisions and the legal reasoning supporting that decision. In addition, justices who disagree, or dissent, from the majority decision may issue a written statement explaining the reasons for their dissent.
Each Supreme Court term commences on the first Monday in October. Although technically each session continues until a new session begins, the court completes its scheduled work for the session in late June each year. The next session will begin October 6.
For additional information, see “U.S. Supreme Court Is a Unique Institution.”
