October Term 2050

Calvin R. Massey, University of California Hastings College of Law

Abstract

In the style of Lon Fuller’s The Case of the Speluncean Explorers this article explores the issues that might be faced by the United States Supreme Court in its October Term of 2050. Four imaginary cases that present very real issues are the vehicle for considering the constitutional issues of four decades hence. Two of these cases deal with internal movement controls enacted to conserve resources in the face of global warming and climate change. One case raises the question of the validity of a mandatory one-child policy enacted to ensure compliance with an international treaty limiting reproduction rates. The final case involves a state law requiring enforcement of religious law in marital disputes when the parties have elected to displace secular law with religious law. Whether or not these imaginary laws and disputes become real, these cases invite sober reflection upon the nature of constitutional interpretation and the meaning of our fundamental law.