Supreme Court Opening New Term This Morning
KAGAN: I'm Daryn Kagan in Atlanta. Let's check what's happening now in the news. It is Monday, the 4th of October. Democrat John Kerry, with the help from actor Michael J. Fox, is promoting stem cell research today. Kerry says President Bush's policies on stem cells are too limiting. Scientists say that stem cells offer a potential to cure a wide range of diseases. With new polls showing the presidential race tightening, President Bush goes to Iowa today. He'll be signing a tax relief bill. The measure keeps three middle-class tax cuts from expiring at the end of the year. Scientists keeping their eyes on Mount St. Helens saying the volcano could erupt at any time. They've detected the tell-tale rhythmic quakes which precede an eruption. Unlike Friday's blast of ash and steam, the next blast is expected to produce lava. Florida Governor Jeb Bush may decide whether he'll appeal a ruling in the Terri Schiavo case. The state supreme court says that the state overstepped when it passed a law ordering Schiavo's feeding tube reinserted. If the governor does not appeal, Schiavo's life support could end soon. And the star of the original slasher movie has died. Janet Leigh put a cold chill in the showers in Alfred Hitchcock's classic "Psycho." A spokeswoman says Leigh died at her home Sunday afternoon with daughter Jamie Lee Curtis at her bedside. Keeping you informed, CNN, the most trusted name in news. Checking the calendar, it is the first Monday in October. The Supreme Court opening its new term this morning. The pressing issue today, sentencing guidelines. The court itself threw federal sentencing guidelines into question with a ruling at the end of its last term. Justices will hear expedited arguments in the case this afternoon. The question, whether it violates the right to trial by jury if judges, instead of jurors, make factual decisions that add to a defendant's sentence. The calendar may be as noteworthy as the docket this election year term. There hasn't been a change in the court in a decade. That is the longest stretch since the early 1820s. Two justices are now over 80. Only one is ineligible for Medicare. That is Clarence Thomas, who at age 56 is the subject of a new biography by Ken Foskett. It is called "Judging Thomas," and he is here with us today. Good to have you here with us.</s>KEN FOSKETT, AUTHOR, "JUDGING THOMAS": Thanks, Daryn.</s>KAGAN: Looking at the court, you and I had a chance to chat a little bit, both surprised that the issue of who would be the next president isn't coming up in terms of talking about the Supreme Court, because how many vacancies, realistically, could be coming up over the next four years?</s>FOSKETT: I've heard Orrin Hatch say there could be as many as four, which would be almost half the court. but certainly, you would think that there would be one or two. A lot of speculation about the chief justice because of his age. He turned 80 on Friday. Justice O'Connor is 74. Justice Stevens is 84. All of these folks are very vigorous, but you would think at some point they would begin to think about retirement.</s>KAGAN: And would the thinking be that would wait at least five weeks until the election is over.</s>FOSKETT: Generally, retirements happen at the end of a term. There -- it would be unlikely, I think, to see one right after the election, but later in the term, May, June, would be the time that we might get an announcement.</s>KAGAN: And let's say there is up to four vacancies over the next four years, how drastically could that change and shape policy?</s>FOSKETT: Well, enormously, enormously. Four justices, half the court, that has the potential to impact a number of decisions that, you know, would be -- have been very close.</s>KAGAN: And of course, a big difference whether Senator Kerry is the next president, or President Bush is re-elected in thinking of the shape of that court.</s>FOSKETT: Absolutely.</s>KAGAN: And some successors that might be named?</s>FOSKETT: I mean, I think that if President Bush is re-elected, absolutely we're going to see conservative nominees to the Court. President Bush has been consistent about that in his first four years, and really following a trend that was set with President Reagan in 1980 and then followed by the president's father thereafter. The Republican party believes very strongly in the potential for the Supreme Court to continue legacies. So, I think, no question, we'd see more conservative nominees from President Bush. And if John Kerry is elected, the opposite. I think we'd see much more liberal justices.</s>KAGAN: Question about your book that you spent so much time working on, on Clarence Thomas. He did cooperate. He did give you an interview or two. What was your biggest surprise in, not only researching the man, but the man you got in meet in person?</s>FOSKETT: I think the biggest maybe was the contrast between Clarence Thomas the public figure -- who is very severe, dour, doesn't ask a lot of questions on the Supreme Court bench -- and the man in private -- who is very, very gregarious, loves to tell jokes, very generous, and very, very different from the kind of man that we see on the Supreme Court.</s>KAGAN: And we'll find out -- people will find out more in your book.</s>FOSKETT: That's right.</s>KAGAN: Very good. Ken, thank you for your time. Ken Foskett, "AJC" here in town, "Atlanta Journal-Constitution," and author, as well. Thank you.</s>FOSKETT: Thank you.</s>KAGAN: Well, we have a treatment coming ahead, a treatment that is as popular as it is controversial. Why are so many women going back to hormone replacement therapy despite the dangers? Your "Daily Dose" of health news is coming up next.