Prison culture dictates that inmates stick with their own kind, associating almost exclusively with other inmates from their race or ethnic group, defending them to the death if necessary. And that is why prison officials, inmates and scholars are uneasy as California's prison system prepares to introduce a formal policy desegregating its double cells, after the U.S. Supreme Court ruled last year that prisoners may not be routinely segregated in cells by race. The ruling has ramifications for state correctional systems nationwide.
WUSTL law professor Margo Schlanger, who specializes in incarceration litigation, comments.

References:

1. March 21, 2006 — California prisons uneasily prepare to desegregate cells in the Wall Street Journal

Changes are ahead for the Supreme Court, whose membership held stable from the 1994 appointment of Justice Stephen Breyer through last year, which brought Justice O'Connor's announced retirement and the death of Chief Justice William Rehnquist. WUSTL political science professor Andrew Martin, who co-authored a statistical analysis on the justices voting record, comments.

References:

1. Feb. 1, 2006 — High court's recent changes may be just first act in the Wall Street Journal

WUSTL presidential rhetoric specialist Wayne Fields comments on President Bush's annual State of the Union address and looks back on his previous speeches.

References:

1. Jan. 27, 2006 — Bush Has Hits, Misses in Annual Speech in the CBS News online

and 32 others.

The only step left in the Supreme Court nomination of Judge Samuel Alito looks to be the vote, raising the question of what happened to the much anticipated struggle over high-court nominees.
Foremost among a number of forces that drained some electricity from the fight was a bipartisan agreement among a group of 14 mostly centrist senators. That changed the dynamic of judicial debates, moving the Senate decisively away from a confrontation over judicial selections such as the one that paralyzed the chamber in the spring of 2005.
WUSTL political science professor Steven Smith comments.

References:

1. Jan. 16, 2006 — The High-Court Battle That Never Was in the Wall Street Journal

WUSTL law professor Samuel Bagenstos, comments on a case he argued in front of the Supreme Court. In the case, a paraplegic prison inmate sued the State of Georgia under the Americans with Disabilities Act. The Supreme Court, in its first federalism decision since John Roberts became chief justice, ruled that Congress acted within its constitutional authority when it stripped states of immunity from some suits for damages by disabled prison inmates.

References:

1. Jan. 11, 2006 — Supreme Court allows disabled Georgia inmate to proceed with suit against state in the The New York Times

Article on the legacy of the 1973 Roe vs. Wade Supreme Court decision, that has reshaped the nation's political parties and has been a core issue in everything from school board to presidential elections for a generation. It has become the ultimate touchstone, a ready form of shorthand, in the ongoing conflict over culture and values throughout America. And for the last two decades, at least, it has come to consume Supreme Court confirmation proceedings as well. WUSTL law and political science professor Lee Epstein comments.

References:

1. Dec. 29, 2005 — How focus on Roe pushes aside other court issues in the Chicago Tribune

and 15 others.

The case of a disabled Georgia prisoner is one of the most important states' rights case facing the court this year and will further define how the disabilities act is applied throughout the nation.
WUSTL law professor Samuel Bagenstos. who was representing the inmate, comments.

References:

1. Nov. 10, 2005 — Roberts Court Hears Its First Case in Federalism Debate in the New York Times
2. Nov. 10, 2005 — Court Hears Paraplegic Inmate's Case in the Washington Post

Democrats admit that Supreme Court nominee Samuel Alito has the qualifications to serve. They plan to assess Judge Alito on ideological grounds. WUSTL law and political science professor Lee Epstein comments.

References:

1. Nov. 4, 2005 — Ideology Serves As a Wild Card On Court Pick in the New York Times

and 1 others.

Though past nominees have faced swift opposition, what makes Ms. Miers's nomination extraordinary, historians say, is the combination of doubts about her philosophy from within the president's own party and attacks on her legal qualifications from both sides of the aisle. ''Harriet Miers is in a real danger zone,'' said Lee Epstein, a political scientist at WUSTL who uses statistical models to study public perceptions of past Supreme Court nominees. The questions about her qualifications, Epstein said, are what make Ms. Miers's nomination ''reasonably unique.''

References:

1. Oct. 24, 2005 — Bush Choice Gets Criticisms Rare for Nominees to Court in the The New York Times

and 2 others.

WUSTL law and political science professor Lee Epstein comments on the nomination of Harriet Miers to the U.S. Supreme Court.

References:

1. Oct. 4, 2005 — If Approved, a First-Time Judge, Yes, but Hardly the First in Court's History in the New York Times

As the Senate Judiciary Committee prepares for its vote on Thursday on Judge Roberts's nomination to be the nation's 17th chief justice, Democrats and Republicans agree on one thing: he will be a tough act to follow. Both sides say the next nominee will clearly have to answer at least as many questions as Judge Roberts did. Lee Epstein, a professor of law and political science at WUSTL, said despite the protestations of Democrats that Judge Roberts was not open and direct, senators on both sides extracted much information from him.

References:

1. Sept. 18, 2005 — Next Debate: Must Future Court Nominees Match Qualifications of Roberts? in the The New York Times
2. Sept. 4, 2005 — Will Roberts move left? in the San Francisco Chronicle
3. Aug. 9, 2005 — One sentence in Constitution could be key to Roberts' role in the Baltimore Sun
4. July 22, 2005 — Product is judge; market is America in the Chicago Tribune

and 16 others.

Judging John Roberts from his record, his writings and the near-unanimous opinion of both supporters and opponents, the Supreme Court nominee is a dyed-in-the-wool conservative whose confirmation would tilt the court further to the right. But is it conceivable that within Roberts' chest, waiting to emerge within a few years under the mysterious influence of serving on the high court, beats the heart of a closet moderate? Lee Epstein, a professor of law and political science at Washington University in St. Louis and coauthor of the forthcoming book "Advice and Consent: The Politics of Judicial Appointments," said justices usually reflect the philosophies of the presidents who appointed them, particularly in their first five to 10 years on the court.

References:

1. Sept. 4, 2005 — Will Roberts move left? in the San Francisco Chronicle

WUSTL political science professor Lee Epstein comments on the strategy behind Bush's nomination of John Roberts for the Supreme Court. Beyond the single vote Roberts would get, he surely would become a persuasive force in garnering votes for his side, given his intellect, his affability and his intricate knowledge of the sitting judges.

References:

1. July 29, 2005 — Why George Bush Is Smiling About John G. Roberts in the Bloomberg.com

Article on the marketing of Supreme Court nominee John Roberts. WUSTL American Culture Studies director and political rhetoric expert Wayne Fields comments on White House strategy.

References:

1. July 22, 2005 — Product is judge; market is America in the Chicago Tribune

and 15 others.

Democrats and Republicans battle over the legacy of retiring Supreme Court Justice O'Connor, and over who should replace her. WUSTL political science and law professor Lee Epstein comments.

References:

1. July 7, 2005 — Democrats Adopt O'Connor As Model for Bush Court Pick in the New York Times
2. July 2, 2005 — O'Connor's departure may swing court in the Houston Chronicle

Experts discuss the retirement of Justice Sandra Day O'Connor and what the future Supreme Court could look like as conservatives and liberals prepare for the political battle to come. WUSTL law and political science professor Lee Epstein, who is a co-author of a far-reaching study on the voting habits of Supreme Court justices, comments.

References:

1. July 2, 2005 — O'Connor's departure may swing court in the Houston Chronicle

The Supreme Court agreed Sept. 28 to decide when local governments may seize people's homes and businesses against their will to make way for projects like shopping malls and hotel complexes that produce more tax revenue. Daniel Mandelker, professor of law, who specializes in land use, said towns have legitimate reasons to take property, but the high court should redefine their limits.

References:

1. Sept. 28, 2004 — Court takes on question of seizing land in the Associated Press Online
2. Sept. 28, 2004 — US High Court To Rule When Cities Can Seize Private Land in the Wall Street Journal

and 20 others.