About a week or so ago, in order to fill an evening that had started with the remains of a late-afternoon football game, a local television channel aired the 1981 movie, "The First Monday in October," a somewhat amusing demi-romantic comedy featuring stars of the time, Walter Matthau and Jill Clayburgh. The film gets its name, of course, from the tradition of the U.S. Supreme Court, which normally begins its annual term on the titular date. Despite its dated style and tempo, the movie still wears well in other ways after more than two decades: The themes of liberal vs. conservative ideology, gender politics, presidential appointments, corruption, and duty still resound today. [Think duck-hunting trips.]
The reminder was all too timely, today being the actual "first Monday in October." True to form, the U.S. Supreme Court today convened its 2004 term and quickly got to work, and as usual court-watchers are already trying to divine what the early decisions and arguments mean. How will the Court clear up the ambiguity in federal sentencing laws, a mess of the its own making? By dodging the banking card and "do not call" registry cases, has the run of federalism cases finally run its course? When exactly will the Court weigh in on the contradictory Ten Commandments cases roiling about the country?
But the question most insiders are asking is: Who's retiring next? The present nine justices have served together on the bench since 1994, the longest stretch since the early 19th century. The chief justice turned 80 last Friday, making him the second-longest serving chief Justice (quick, name the first) and the third-longest serving justice ever (answers to both questions here). [To say nothing about retirement rumors involving other justices, most notably Sandra Day O'Connor and John Paul Stevens.]
The linked article above pooh-poohs the idea that the current chief justice will retire anytime soon. And perhaps that's a good thing. The judge the president once declared as a suitable replacement has now gone on the talk circuit telling gay sex-orgy jokes.
Har, har.
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