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Gas Taxes on Supreme Court 2005-06 Agenda

Posted on: Monday, 3 October 2005, 06:00 CDT

WASHINGTON - The Supreme Court to tackle gasoline taxes and worker pay cases on the opening day of its 2005-06 term, but members will first witness John Roberts become the nation's 17th chief justice.

President Bush was among those invited to the investiture ceremony, his presence a reminder that he stands to broadly shape the court, not only with his selection of Roberts but a second announcement expected soon on a successor for retiring Justice Sandra Day O'Connor.

A third vacancy on the aging court was possible before Bush's term ends in 2007.

Following tradition, Roberts was to don his robe and take the center seat on the bench before the opening gavel Monday. He replaces William H. Rehnquist, who died last month at age 80 after 33 years on the high court, 19 as chief justice.

In choosing Roberts, Bush passed over Justice Antonin Scalia, a conservative who had been considered a prospect for the job. Scalia was out of town last week and was the only justice absent from Roberts' first swearing-in ceremony at the White House.

Roberts is the court's newest and youngest member, but also its leader.

"It will take some time to figure out what the dynamics of the court are," said Andrew Koppelman, a law professor at Northwestern University. "It will take them awhile to get to know each other."

Complicating matters for the term is the uncertain status of O'Connor, who had expected to be off the court by now so she would have more time to care for her ill husband. She announced her retirement July 1, but the chief justice's death delayed the plans.

Her retirement starts the day her successor is confirmed, which is expected to take at least two months, if not longer if the president's pick is contested.

O'Connor, a 75-year-old moderate and key swing voter, will continue participating in cases. Because rulings take months to prepare, her votes would not count if she retires before they are done.

"O'Connor could be on the court all term and end up casting deciding votes," Koppelman said.

The Supreme Court meets for nine months. Its first week will be shorter than usual.

On Monday, the justices were hearing two cases, one that asks if companies must pay for workers' time spent changing into uniforms, and a second that questions whether states may tax fuel that is sold on Indian reservations.

Justices were not meeting on Tuesday because of the Jewish holiday Rosh Hashanah.

The two cases Wednesday include a Bush administration appeal over Oregon's physician assisted-suicide law and a case that will clarify how parents of disabled children can contest education services.

Some significant cases also will be argued later this year, including a review of a parental notification law from New Hampshire and an appeal involving a claim that an anti-abortion group's protests violated federal racketeering laws.

Another high-profile case asks if the government can withhold federal funds from colleges that bar military recruiters in protest of the Pentagon's "don't ask, don't tell" policy on homosexuality.

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On the Net:

Supreme Court: http://www.supremecourtus.gov/

Source: Associated Press/AP Online/By GINA HOLLAND

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