Bender, O'Grady analyze high court rulings

06/02/2008

Bender, O'Grady analyze high court rulings
     Professors Paul Bender and Catherine O'Grady of the Sandra Day O'Connor College of Law appeared on Channel 8's Horizon on May 29 to discuss some of the decisions made this term by the U.S. Supreme Court.
     The program, hosted by Ted Simons, touched on cases involving Guantanamo Bay detainees' rights, the Washington, D.C., gun-rights bill, the death penalty and constitutionality of lethal injection, voter identification requirements and gay marriage. The professors also talked about the conservative leanings of the court and how that might change, depending on November's presidential election.
     "The court clearly seems to be moving to the right, and the question now is, is it going to stay that way?" Bender said. "This term, some people think there's been some movement back toward the left, but I'm not sure that's true. You would have to see Justices (John) Roberts and (Samuel) Alito voting on the liberal side when it made a difference, and that hasn't happened."
     Bender said Sen. Barack Obama, if nominated and elected president, has already indicated a preference to recommend moderate liberal candidates in the mold of Justices Ruth Bader Ginsburg and Stephen Breyer. Sen. John McCain likely would nominate conservatives who line up with Roberts and Alito, but McCain may have difficulty with a Democrat-majority U.S. Senate, Bender said.
     O'Grady said the gun-rights case raises the issue of whether the Second Amendment gives individual rights to possess guns or rights that are tied to a national or state-run military, as well as the question, if individual rights are granted, to what extent are they to be regulated?
     "This has been widely watched," O'Grady said of the case. "Gun ownership is the civil-liberties issues of this term."
     Bender said the California Supreme Court's decision to legalize gay marriage, because prohibiting it violated the state Constitution's equal protection clause, has no effect on Arizona. However, with New York Gov. David Paterson recently directing state agencies to change policies to recognize same-sex marriages performed elsewhere, Bender said the tide soon could turn.
     "If this keeps happening in other states, ultimately the bans on gay marriage will fall," he said. "You may be beginning to see a groundswell."
    The program, "Supreme Court Midterm Review," will be rebroadcast at 7 p.m. on Monday, June 9, on Channel 8. To watch it, click here. 
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