M. Kelly Tillery Catherine Lanctot Michael Trachtman
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First Monday in October: New Supreme Court Term
Guests on Set and from The National Constitution Center Weigh In
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Is this Supreme Court as controversial as the Four Horsemen of the Thirties or the  Taney court of the 19th century? After making one of its most contentious decisions in a half-century (Citizens United v. FEC), this court will tackle key First Amendment cases including a minister's protest at private funerals of deceased military (Snyder v. Phelps) and the sales of violent video games to minors (Schwarzenegger v Entertainment Merchants Association). And all with a new look: three women on the High Court.
Tonight at 7:00 p.m. on the Philadelphia CNN-News affiliate WFMZ-TV, The American Law Journal presents The First Monday in October: The New Supreme Court Term with host attorney Christopher Naughton welcoming M. Kelly Tillery of Pepper Hamilton (author of the article "The Supreme Court's Ten Worst Decisions"), Michael G. Trachtman of Powell, Trachtman, Logan, Carrle & Lombardo (author of the book "The Supremes' Greatest Hits: The 34 Supreme Court Cases That Most Directly Affect Your Life) and Professor Catherine J. Lanctot of Villanova University School of Law.
The program examines high profile cases from the previous and upcoming terms- plus the nature and trends of this particular Court now with a third woman, Elena Kagan, occupying one of the nine seats. Included are excerpts from the recent program at The National Constitution Center "Supreme Court Fall 2010 Preview."
"To some extent the Taney court kept people in chains. And in the 1930's the Hughes Court inhibited FDR from saving the country from the Great Depression for a number of years. And I think that is where we are headed with this court," says Tillery. "There are issues like Proposition 8, the 'Papers Please' [Law] in Arizona, issues of Obamacare... they will be decided by the pivot and that is Justice Kennedy. So, one unelected man is going to decide incredibly important issues." Counters Trachtman: "I don't know if this court is on the wrong side of history. Time will tell. So I'm waiting to see what happens [with the next presidential election] because everything could change."
"The court is political but not entirely political," states Lanctot. "I think history has shown us that Supreme Court Justices cannot be predicted once they get onto the court. It's very, very difficult to pigeonhole or characterize in advance. We might look back years from now and say 'who knew that the Four Horsemen [of this present Court] would start to break apart over other issues.'"
The American Law Journal broadcasts every Monday at 7PM on the CNN-News affiliate for Philadelphia WFMZ-TV 69 in the tri-state viewing area. The program also streams live on www.wfmz.com. View the new website, www.LawJournalTV.com. Next week: "Auto Accidents, Auto Insurance: Then & Now"
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