Paul Clement "2005 Supreme Court Review" September 13, 2005

For this year's Constitution Day celebration, Paul D. Clement, Solicitor General of the United States, presented a review of the recently completed term of the United States Supreme Court at a noon luncheon at the Milwaukee Athletic Club.

Update: outline of Mr. Clement's presentation

I. 2004 Term decisions

Overshadowed by the retirement of Justice O'Connor and then the death of Chief Justice Rehnquist.

Sixth Amendment Trial by Jury
United States v. Booker Federal Sentencing Guidelines
Probably the most important decision of the term.

Federalism
Gonzales v. Raich medical marijuana. While no one characterized it this way, the question was would it make a difference if Filburn was growing marijuana rather than winter wheat, Wickard v. Filburn (1942)
Granholm v. Heald interstate wine shipment

Separation of Powers
Tenet v. Doe followed Totten v. United States (1876)

First Amendment: Freedom of Religion
Van Orden v. Perry Texas Ten Commandments monument
McCreary County v. American Civil Liberties Union of Ky. framed Ten Commandments (King James Version)

Takings
Kelo v. New London

II. 2005 Docket

Gonzales v. Oregon state assisted suicide law and the Controlled Substances Act

Gonzales v. O Centro Espirita Beneficiente Uniao Do Vegetal Religious Freedom Restoration Act and the Controlled Substances Act: religious use of a Schedule I hallucinogenic

Ayotte v. Planned Parenthood of Northern New England New Hampshire parental notification of minor's abortion

FAIR v. Rumsfeld Solomon Amendment versus First Amendment