Before the Supreme Court justices could slip on their snazzy black robes and start their new session on Oct. 1, speculation on upcoming cases was already hot. A number of important decisions are coming before the court, which is showing more signs of moving right. So bloggers and political aficionados are speculating on the rulings that relatively new and firmly conservative Chief Justice John Roberts will support.

With two new members in the last three years and justices ranging from age 52 to 87, the Supreme Court can be said to be in a time of transition. Roberts was just 50 years old when he was sworn in as chief justice in October 2005. (During his confirmation hearings, he stated under oath that one of his favorite movies is North by Northwest. Finally, a chief justice with good taste in movies.)

In the two years since Roberts took over as the 17th chief justice in U.S. history, the court has shifted right. The arrival of Roberts, once a law clerk to his predecessor, Chief Justice William Rehnquist, also marks a generational shift.

The current session, which goes from October to June, will hear cases ranging from disputes over presidential war powers to the constitutionality of lethal injection.

Important Cases

The Supreme Court has accepted 17 new cases so far for the 2007-08 term, in addition to two that were held over from last term, out of approximately 8,000 appeals. The schedule beyond the end of November has yet to be set. Last term, the court heard 68 cases, the fewest since 1953.

Death Penalty: Baze v. Rees
The court will determine whether a particular chemical combination in lethal injections violates the Eighth Amendment. The argument of Baze v. Rees is that the use of a common three-drug formula for lethal injection violates the Eighth Amendment ban on “cruel and unusual punishment” because the method is claimed to cause real pain and suffering before the person dies. The court’s agreement to hear the case has led to a flood of capital punishment defendants appealing for stays on their executions, some of which have been granted.

Of the 38 states that allow the death penalty, a majority use lethal injection. Nine hundred and twenty-nine executions by lethal injection have taken place since the death penalty was reinstated in 1976, according to the Death Penalty Information Center. This is compared to 154 by electrocution, 11 by gas chamber, three by hanging and two by firing squad. Two states allow hanging if requested (Washington) or if lethal injection cannot be administered (New Hampshire). Oral arguments for Baze v. Rees will most likely be heard in January.

Voter ID: Crawford v. Marion County Election Board & Indiana Democratic Party v. Rokita
The court will hear a pair of appeals on the constitutionality of requiring voters to show a photo ID before they may vote (Crawford v. Marion County Election Board and Indiana Democratic Party v. Rokita). The attempt by states to prevent voter fraud by requiring an ID to vote, such as a driver’s license or passport, arguably keeps poor and minority (and likely Democratic) voters from casting their ballots. One counterargument is that voter fraud is not really a problem, and most people have IDs anyway so requiring them is not a significant voter deterrent. The decision will likely have a profound effect on the 2008 election.

No state required a photo ID to vote until Indiana and Georgia passed laws to that effect in 2005. Oral arguments for both cases will most likely be heard in January.

Rights of Guantanamo detainees: Boumediene v. Bush & Al Odah v. U.S.
A law passed by Congress in the wake of Sept. 11, and signed by President Bush, states that detainees at the Guantanamo Bay Naval Base may not use U.S. civilian courts to challenge their indefinite imprisonment. This law is being challenged on constitutional grounds. The grant of certiorari by the Supreme Court in Boumediene v. Bush and Al Odah v. U.S. has effectively halted all other appeals filed by Gitmo detainees until the case is ruled upon.

The law, titled the Detainee Treatment Act of 2005, limits detainees’ ability to challenge their classification as “enemy combatants.” The legislation also removed the Supreme Court’s habeas corpus jurisdiction in appeals from aliens detained at Gitmo.

The court currently has 19 cases total on its docket for October and November. For a complete listing of cases, go here.

The court moves right

Just after Roberts was confirmed as chief justice, he said he wanted more unanimity in the court’s decisions. His vision was realized his first few months on the job when the court issued a number of 9-0 opinions. However, the honeymoon ended last June. One-third of the court’s decisions in the last term were decided 5-4, and most of those—19 of 24—were decided along ideological lines. The four liberal justices were usually in the minority.

A number of decisions handed down were decidedly conservative. The court upheld the Partial-Birth Abortion Ban Act of 2003, cut back on free-speech rights of public school students and limited school districts’ ability to use affirmative action to achieve or preserve integration.

With the retirement of Sandra Day O’Connor, the court’s prominent centrist, in 2006, came a power shift within the court. The addition of Chief Justice Roberts and Justice Alito brought the conservative bloc to four (Thomas, Scalia, Roberts and Alito) while the liberal bloc remained the same (Stevens, Ginsburg, Souter and Breyer). Justice Anthony Kennedy took over O’Connor’s role as the centrist. Astoundingly, Kennedy was in the majority of all 24 of the cases decided 5-4 in the last term. In the 68 cases decided by signed opinions, Kennedy dissented only twice. His vote will likely continue to be the tie-breaker in this session’s decisions.

Luck doesn’t look to be swinging back to the liberal side any time soon. The two most liberal members of the court—Ginsburg and Stevens—are also the oldest, while the two newest and youngest members of the court—Roberts and Alito—are part of the conservative bloc.