The U.S. Supreme Court reconvenes for its 2009-10 term on Oct. 5, with most of the attention going to the court's freshest face, newly confirmed Justice Sonia Sotomayor. But Sotomayor and her eight colleagues won't have a lot of time for orientation: the court will start immediately on a docket of controversial cases that will call on Justices to consider new facets of the Establishment Clause, gun ownership and prison terms for minors, among other issues. In total, the Justices have already agreed to hear 55 cases in the new term.
Salazar v. BuonoAt issue: Whether the government can permit the display of a crucifix on public land as per the Establishment Clause.
An 8-ft.-tall crucifix has stood on an outcrop called Sunrise Rock on the Mojave National Preserve since 1934, but in one of the court's earliest arguments of the term, the Justices will be asked to consider whether it should be removed. The battle has been brewing for a while - the cross, erected without government approval, was slated for removal by the U.S. National Park Service after a request from Buddhists to create their own memorial near the site was denied. But in 2000, Congress hastily passed a law prohibiting the use of public funds to remove the cross, in essence tying the National Park Service's hands. Congress declared the cross a National Memorial in 2002, and in 2003 it gave the small parcel of land to the Veterans of Foreign Wars (VFW) - the group that constructed the original cross.
(See TIME's photo-essay "Sonia Sotomayor, the Making of a Judge.")The removal of the cross brings up the Establishment Clause, that long-debated line separating church and state that takes its name from the First Amendment (which begins, "Congress shall make no law respecting an establishment of religion"). This case has been in the court system since early 2000, before Congress's involvement. The National Park Service's attempt to transfer the land to the VFW, per the 2003 congressional order, has been viewed by the lower courts as an illegal way of circumventing repeated rulings compelling it to remove the cross. (Once the land is considered private property, the Establishment Clause no longer applies.) The Supreme Court will be asked to sort out the issue - and ownership of Sunrise Rock - once and for all.
Graham v. Florida / Sullivan v. FloridaAt issue: Whether life imprisonment for juveniles on nonhomicide charges constitutes cruel and unusual punishment.
The Eighth Amendment precludes cruel and unusual punishment, but it has long been left to the Supreme Court to define exactly what that term means. This court will be asked to consider it again in a pair of cases on the docket. In Sullivan, the petitioner was 13 years old when he was indicted as an adult and sentenced to life in prison without parole in Florida for sexual assault of an elderly woman. In Graham, a 19-year-old violated his parole by committing attempted armed robbery while on parole for two previous robbery attempts he had committed while he was a minor. He too was subsequently sentenced to life in prison without the possibility of parole. In making their decision, the court will review its logic in 2005's Roper v. Simmons, which held that individuals could not be sentenced to death for crimes committed under the age of 18, as the court found that minors had a "lack of maturity." The petitioners in Graham and Sullivan are arguing for a similar standard for their noncapital offenses.
