ourt TV Host: Chat with Court TV's Fred Graham about the Supreme Court's new term, beginning today. Fred Graham is joining us from the steps of the Supreme Court - he's been there through the day, and he's going to be on Catherine Crier in a little while. But he's taking some time with us right now. Welcome, Fred, thanks for being our guest on this first Tuesday in October.

Fred Graham: It's a beautiful and interesting day in Washington.

Question from greenmeany: First Tuesday? What happened to Monday?

Fred Graham: It's an interesting story. For the first 200-odd years of Supreme Court history, the justices never paid any attention to Yom Kippur. There weren't many Jews on the Court, and it didn't seem to be an issue. Then, President Clinton appointed two Jewish justices, Ruth Bader Ginsburg and Stephen Breyer. Somebody pointed out to Chief Justice Rehnquist that the Court always took the day off on Christmas, but these two justices had to work on Yom Kippur. Rehnquist immediately started the tradition of not having court arguments on the first Monday in October when this would conflict with Yom Kippur.

Question from moonunity: Are there cases in which the court is likely to take Roe head-on?

Fred Graham: Not at the present. But if the Court upholds the constitutionality of the federal law that makes partial birth abortions a crime, that will increase pressures to reverse Roe v. Wade itself.

Question from greenmeany: I saw Sandra Day O'Connor in a photo op today on the steps of the court - is she going to play a role as a former Justice?

Fred Graham: Sandra Day O'Connor is still a power in Washington. It's amazing after she has retired, but she still has very strong views on a number of legally related issues and she's continuing to stay very much in touch.

Question from oldsoldier: Will this term provide cases that will further elaborate on executive powers in terms of military tribunals or wiretapping?

Fred Graham: I think the major issues of the next few years will be a collision course between the Supreme Court and the other two branches over the war on terror. President Bush's warrant-less wiretapping law could come to the court for review before the end of this term next spring. I suspect the Court will duck a ruling on this, saying that it's impossible to know who, if anybody, has been hurt by this and thus has standing to sue. But the new statute regulating the treatment of Guantanamo detainees should be squarely before the Justices in the next term. And here the court will be asked to declare unconstitutional provisions that the president and the congress say are constitutional - that's the definition of two branches of government being on a collision course.

Question from JERRY: Fred: Now that Sandra Day O'Connor has left, do you think that Justice Kennedy will emerge as moderate swing vote on many decisions?

Fred Graham: He will be a swing vote on crucial decisions. The big question is whether he will do as Sandra Day O'Connor did, and become more liberal, or whether he will be the swing vote that swings the Supreme Court to the right.

Court TV Host: Any guesses as to how he might fall on particular issues, like affirmative action questions?

Fred Graham: Justice Kennedy does not like racial preferences, so he might be expected to strike down the public school plans that assign some students to schools they don't want to attend because of their race. He could be the swing vote, putting an end to racial assignments. On the abortion issue, he has generally been very negative towards abortions and could provide the swing vote for upholding the federal statute that outlaws partial birth abortions.

Court TV Host: Thank you very much for being our guest today - I know you have to get ready to go on Catherine Crier.