DO WE HAVE A CONSERVATIVE SUPREME COURT? “Sure, conservatives are cheering the Heller decision, but how ‘conservative’ is a Court that invalidates the death penalty for child rape and declares that non-citizen detainees held outside U.S. sovereign territory by the military have a constitutional right to bring habeas actions in federal court, despite federal legislation to the contrary? Viewed as a whole, this term saw a Court that often defied easy ideological characterization.”