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The O'Connor Precedents

By Kent Scheidegger et al.

As noted in yesterday’s Blog Scan, there is much discussion about which of the cases where Justice O’Connor cast the deciding vote might be overruled following her replacement by a more “conservative” justice. I put “conservative” in quotes because such labels are an oversimplification, as described here. The following list is the criminal and related cases from Marty Lederman’s most recent post, with some comments as to which ones really are candidates for overruling by justices who are “conservative” not only in their ideological leanings but also in their respect for precedent. Lederman describes his list as “cases decided in the decade between 1995 and 2005 in which Justice O'Connor's was the decisive vote or opinion, and as to which a more conservative Justice such as Justice Alito might well vote to overrule the governing precedent (assuming, in each case, that Chief Justice Roberts would vote in accord with Chief Justice Rehnquist)...continue to full post

Full post as published by Crime and Consequences on June 11, 2008 (boomark / email).