Jordan Lorence: Supreme Court 2007 Docket Lacks “Culture War” Cases

Jordan Lorence

by Jordan Lorence, ADF Sr. Vice President and Legal Counsel

 

 

 

The Supreme Court recently released the oral argument list for the final batch of cases that it will hear for the term in April. This is the first time in my memory that the Supreme Court has filled its oral argument calendar and has NO cases involving “culture war” issues, like those of ADF’s three mission areas, religious liberty, the sanctity of life and defense of the traditional family. Of course, there are some interesting cases the high court has decided to hear, like the D.C. Second Amendment-gun ban case, the Indiana voter photo I.D. law case and whether the Constitution permits the states to impose the death penalty on a non-murder felony (child rape in that case).

There are no cases involving religious liberty, the Establishment Clause, abortion, the definition of marriage, the homosexual agenda, etc. When I started my career in Washington D.C. litigating First Amendment cases in 1984, it seemed like in each of the past terms, there would be at least two cases involving “culture war” – type cases. I remember during the 1999-2000 term there were 8 cases we were watching, such as the first partial birth abortion case, Boy Scouts v. Dale (right of association vs. the homosexual agenda) the Santa Fe school prayer case, the student fees case at the University of Wisconsin, Mitchell v. Helms (parochial school aid), abortion clinic picketing, etc. Not this year and that is surprising.

Even if the Supreme Court grants review in a “culture war” case before it adjourns at the end of June, that case will not be heard until next fall. And there have been plenty of viable candidates for the Supreme Court to take for review, such as the Ninth Circuit’s terrible decision rejecting equal access for religious groups to meet in government facilities in the Faith Center case which the Supreme Court declined to review last October. No one really knows why the justices are bypassing all of these types of cases. All we can do is stay tuned.