Request for Assistance -- O'Connor and Alito

[Steven Jamar]

well, what would the effect be of the recent standing/environment  
case?  that might affect both Lane and Alaska v. EPA . . ..  I  
haven't really worked it through though.

Steve
>
>
> On Apr 19, 2007, at 4:08 PM, marty.lederman at comcast.net wrote:
>
> Two years ago, when Justice O'Connor announced her retirement, I  
> compiled a list of precedents that I thought were most vulnerable  
> to overruling.  Several folks on this listserv made very helpful  
> suggestions of deletions and additions.  I've now republished that  
> list, since Stenberg v. Carhart was the first major overruling of  
> an SOC-era precedent.  Several news outlets and others have asked  
> me if they can use the list, and before I say yes, I was wondering  
> if anyone here thinks there are any obvious mistakes or omissions  
> on it -- particularly now that we know that Roberts and Alito are  
> on the Court.  And of these precedents, which are the most  
> vulnerable?  Thanks very much in advance for any suggestions.
>
> My post from July 2005:
>
> These are among the cases in which Justice O'Connor's has been the  
> decisive vote or opinion, and in which a more conservative Justice  
> might well vote to overrule the governing precedent.
>
> Note: Because most Justices consider stare decisis a more serious  
> obstacle in cases of statutory construction, those cases (e.g., the  
> Davis and Jackson Title IX decisions) might be more secure, even if  
> Justice O'Connor's replacement would not have agreed with her as a  
> matter of first impression.
>
> McCreary County v. ACLU (2005) -- Ten Commandments displays
>
> Jackson v. Birmingham Board of Educ. (2005) -- Title IX Liability  
> for Retaliation
>
> Rompilla v. Beard (2005) -- standard of reasonable competence that  
> Sixth Amendment requires on the part of defense counsel
>
> Johanns v. Livestock Marketing (2005) -- assessments for government  
> speech
>
> Smith v. Massachusetts (2005) -- double jeopardy
>
> Small v. United States (2005) - felon firearm possession ban  
> doesn't cover foreign convictions
>
> Tennessee v. Lane (2004) -- Congress's Section 5 power
>
> Hibbs v. Winn (2004) -- Tax Injunction Act
>
> Alaska Department of Environmental Conservation v. EPA (2004) --  
> EPA authority under Clean Air Act to issue orders when a state  
> conservation agency fails to act
>
> McConnell v. FEC (2004) -- campaign finance
>
> Groh v. Ramirez (2004) -- sufficiency of non-particularized search  
> warrant
>
> Grutter v. Bollinger (2003) -- affirmative action
>
> Brown v. Legal Foundation of Washington (2003) -- no takings  
> violation in IOLTA funding scheme
>
> American Insurance Ass'n v. Garamendi (2003) -- presidential  
> foreign-affairs "pre-emption" of state law
>
> Stogner v. California (2003) -- ex post facto clause as applied to  
> changes in statutes of limitations
>
> Alabama v. Shelton (2002) -- right to counsel
>
> Rush Prudential HMO v. Moran (2002) -- upholding state laws giving  
> patients the right to second doctor's opinion over HMOs' objections
>
> Kelly v. South Carolina (2002) -- capital defendant's due process  
> right to inform jury of his parole ineligibility
>
> FEC v. Colorado Republican Federal Campaign Committee (2001) --  
> upholding limits on "coordinated" political party expenditures
>
> Zadvydas v. Davis (2001) -- prohibiting indefinite detention of  
> immigrants under final orders of removal where no other country  
> will accept them
>
> Easley v. Cromartie (2001) -- race-based redistricting
>
> Rogers v. Tennessee (2001) -- "judicial" ex post facto
>
> Brentwood Academy v. Tennessee Secondary School Athletic  
> Association (2001) -- state action
>
> Stenberg v. Carhart (2000) -- "partial-birth abortion" ban
>
> Mitchell v. Helms (1999) -- direct aid to religious schools
>
> Davis v. Monroe County Board of Educ. (1999) -- recognizing school  
> district liability under Title IX for student-on-student sexual  
> harrassment
>
> Schenck v. Pro-Choice Network (1997) -- injunctions against  
> abortion-clinic protestors
>
> Richardson v. McKnight (1997) -- private prison guards not entitled  
> to qualified immunity in section 1983 suits
>
> Camps Newfound/Owatonna v. Town of Harrison (1997) (dormant  
> Commerce Clause)
>
> Morse v. Republican Party of Virginia (1996) -- provisions of the  
> Voting Rights Act are constitutional as applied to choice of  
> candidates at party political conventions
>>
>> Schlup v. Delo (1995) (habeas, actual innocence)
>>

-- 
Prof. Steven D. Jamar                               vox:  202-806-8017
Howard University School of Law                     fax:  202-806-8567
2900 Van Ness Street NW                   mailto:stevenjamar at gmail.com
Washington, DC  20008								 http://iipsj.com/SDJ/

"Whenever you find yourself on the side of the majority, it is time  
to pause and reflect."

Mark Twain


-------------- next part --------------
An HTML attachment was scrubbed...
URL: http://lists.ucla.edu/pipermail/conlawprof/attachments/20070419/a2114729/attachment.html