High Court Appointments Will Have Major Impact

For Immediate ReleaseSeptember 11, 2000

Contact: Alisa Giardinelli610.690.5717 [email protected]http://www.swarthmore.edu

High Court Appointments Will Have Major Impact on Several High-Stakes Issues, Swarthmore College Court Expert Says

"Abortion is just the tip of the iceberg," says Carol Nackenoff, professor and chair of political science.

The new president is very likely to appoint at least one new justice to the Supreme Court. Hanging in the balance are high-stakes issues such as civil rights, voting rights, federalism, and the extent of the federal government's power to regulate interstate commerce, says a Swarthmore College constitutional law expert.

Carol Nackenoff, professor and chair of political science, says decisions regarding commerce regulation are especially important because they may call into question civil rights protections. "The commerce clause has been a major vehicle through which national government has expanded since the 1930s. In addition, some major civil rights measures, including provisions in the Civil Rights Act of 1964, hinge on the commerce clause, not the 14th Amendment," she says. "If the Court's understanding of what constitiutes interstate commerce becomes more restrictive, then those civil rights laws could be in jeopardy."

According to Nackenoff, enforcement of the federal Voting Rights Act is also in danger. "Voting rights enforcement will increasingly be a dead letter if a Republican wins the White House," Nackenoff says. "The Court has been thwarting Justice Department efforts to enforce key provisions of the Voting Rights Act by 5-4 decisions since 1993. The court majority -- generally comprised of Scalia, Thomas, Rehnquist, O'Connor, Kennedy -- is increasingly unwilling to allow states to consider race as a factor for remedial purposes when redistricting. Democratic control of the White House could well make a difference here."

Nackenoff says that although past decisions on controversial issues such as abortion, affirmative action, and school prayer may be overturned if there is substantial change on the Court, several of those decisions have been made by majorities of more than one. This is in contrast to the much closer decisions on voting rights and federal-state relations, which she says are the issues worthy of more immediate concern.

"Despite Bush's emphasis on education, it is quite clear the Republians see a lesser role for the federal government in social and economic programs than the Democrats and are less ready to cede power to the national government," Nackenoff says. "The assumption then has to be that the kind of judicial candidates each president chooses will be reflective of their views on these swing issues."

Located near Philadelphia, Swarthmore is a highly selective liberal arts college with an enrollment of 1,400. Swarthmore is consistently ranked among the top liberal arts colleges in the country by U.S. News & World Report.

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