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By Kent Scheidegger et al.

O'Connor's Supreme Court Precedents: Marty Lederman has a post at Balkinization discussing the "five high-profile constitutional areas" where O'Connor's precedents are vulnerable to being overruled by the current U.S. Supreme Court. The five areas include abortion, "race conscious assignments and affirmative action", campaign finance regulation, the establishment clause, and Congress's power to remedy discrimination under the Reformation Amendments. Lederman points out that in the areas of abortion, race conscious assignments, and campaign finance regulation, the Court has already taken "big bites" out of the rules established by O'Connor's opinions. The post also gives a helpful list of cases between 1995 and 2005, where O'Connor's vote was the decisive vote, or where she authored the opinion...continue to full post

Full post as published by Crime and Consequences on June 10, 2008 (boomark / email).