Looking Ahead to the 2005-2006 Term

This essay surveys the upcoming 2005-06 term of the Supreme Court, a term that may be as notable for what it says about the future direction of the Supreme Court as it is for specific decisions in any particular cases. This does not mean the term lacks important cases. To the contrary, this coming year the Court will consider the constitutionality of the Solomon Amendment, address the application of the Religious Freedom Restoration Act to religious use of drugs, and determine whether the federal government can effectively preempt Oregon's decision to legalize doctor-assisted suicide. It will revisit contemporary federalism and abortion doctrines, clarify the scope of the Racketeer Influenced and Corrupt Organizations Act (RICO), and address important questions in antitrust and criminal procedure. In addition, the Court may consider one or more cases challenging the scope of executive authority to combat terrorism. Nonetheless, the most striking thing about the upcoming term is that we will see a change in the Court's composition for the first time in over a decade