It should be no surprise that there is a Republican majority on the U.S. Supreme Court, according to the Hon. Steve Leben of the Kansas Court of Appeals.

“What’s unusual right now is how lopsided that majority is,” Leben said. “The longest time since 1900 with at least seven justices from the same party was from 1990 to the present. Throughout all of that time there have been at least seven Republican justices and, for four of those years, there were eight.”

Leben on Tuesday joined State Rep. Pat Colloton, R-Leawood, and KU professors Burdett Loomis and Steve McAllister in a discussion about the court under Chief Justice John Roberts.

The discussion drew a crowd of about 75 to the Dole Institute of Politics and was part of KU’s recognition of Constitution Day.

Roberts will be the first sitting chief justice to visit KU when he arrives next spring to deliver the 2008 Vickers Memorial Lecture on April 30 at the Lied Center.

Leben said Tuesday that several themes should be examined in an assessment of the Roberts Court, including access to the courts and respect for precedent. Leben provided several examples, including the court’s actions relating to partial birth abortion.

“In the abortion area, they upheld the federal ban on partial birth abortion, even though in 2000 the court had struck down a virtually identical statute from Nebraska,” Leben said. “The logic of this I would suggest is not altogether clear.”

Loomis compared the role and responsibilities of justices with that of members of congress. And Colloton provided her perspective as a state representative. She said she believes what she’s seen so far from the court indicates a return to pure federalism and a restoring of the balance between the federal and state levels. She said state lawmakers and entities need to have power to respond to constituents and operate at the state level.