The Supreme Court of the United States is the envy of jurists around the globe, said Kathleen Sullivan, newly-appointed dean of Stanford Law School and co-author of two textbooks on constitutional law.
As featured speaker of the Morning Forum of Los Altos on Nov. 11, Sullivan said that unlike many other countries, U.S. Supreme Court rulings become the law of the land, and the laws are obeyed. She said court rulings are more likely to be ignored in countries without a written constitution as a framework.
Quoting Alexander Hamilton, Sullivan said "The Judicial Branch is the least dangerous branch of government, lacking the power of the sword and the purse." Justices must rely on public opinion for their legitimacy which prevents the Court from being a purely political body voting the "party line" of the President who appointed them. She noted that of the current nine justices, seven were appointed by Republican presidents, two by Democrats.
Sullivan said that contrary to expectations, there are very few 7-2 decisions issued by the Court.
She told the story of ultra-conservative John Sununu gloating that the appointment of Associate Justice David Souter was a "home run," and then, when Souter's first vote sided with the liberals on the Court, Sununu complained that "he wasn't even a bunt."
When asked if he had made any mistakes in office, former President Eisenhower replied, "Only two, and they're both on the Supreme Court," referring to his appointees Warren and Brennan.
Saying "She who lives by the crystal ball must learn to eat ground glass," Sullivan predicted that the Court will uphold the rights of protesters outside abortion clinics and the rights of students at public universities to withhold fees used to support campus organizations they disagree with.
She thinks the Court will tackle the question of campaign finance limitation as a limitation of free speech. Sullivan noted that the Court is very protective of free speech, to a degree other nations consider extravagant.
The Morning Forum is a members-only lecture series held at the United Methodist Church of Los Altos. Membership is closed for this year. For waiting list information write to: Morning Forum, P0 Box 274 Los Altos 94024-0274