Photo of sun setting on justice via mindgutter.

Today is the first day of the October term in the SCOTUS. AFJ previews the term. SCOTUSblog details three cases argued today, and will be posting oral argument links when available. They have also detailed cases coming up this week, including background thereon.

ACLU has some information on cases of concern this term.  Stephen Shapiro, ACLU’s legal director, said this:

The upcoming Term will inevitably provide more insight into the judicial personality of the Roberts Court. Some of the most important cases are still in the pipeline, however, including two significant cases involving the ACLU. In al-Marri v. Pucciarelli (08-368), the ACLU has filed a petition for certiorari asking the Court to determine whether someone lawfully residing in the United States can be designated an "enemy combatant" and imprisoned by the military without charges or trial. And, in Northwest Austin Municipal Utility District v. Mukasey (08-322), the ACLU is opposing an appeal that seeks to challenge the constitutionality of the Voting Rights Act, which Congress reauthorized in 2006….

Constitutional rights can be overruled directly, or the ability to enforce those rights can be whittled away slowly without much public discussion or accountability.  The cases on the Court’s docket this year open the door to a stealth attack….

John McCain and his 527 allies are trying to raise questions about potential Obama court nominees. Looking at how the Roberts Court has slapped down years of precedent on equality and whittled away at choice, pay equity, civil rights, and civil liberties, I’d think the last thing McCain wants is remind us he wants more Roberts and Alito.  No thank you.  Prof. Erwin Chemerinsky says "no thanks" to McCain as well.  

Should be an interesting term.

[This month's First Monday, with the Alliance for Justice, will be slightly delayed -- we'll be premiering a film, and there is a hold-up getting some footage cleared.  Soon as we can, we'll host it with a live chat with an attorney who is arguing before SCOTUS this morning.  Thanks.  -- CHS]