Thursday, December 29, 2005
Black Panther Case Shifts a Debate on Alito
According to The Boston Globe, “Supreme Court nominee Samuel A. Alito Jr., who has been accused by opponents of being hostile to civil rights claims, once urged the Reagan administration not to try to block a civil rights suit by the Black Panther Party against former government officials who had spied on the group.”
Lawyers Urge Supreme Court to Decide Scope of President's Power
FindLaw reports, “Lawyers for Jose Padilla, a U.S. citizen held as an ‘enemy combatant’ for nearly four years, want the Supreme Court to resolve how much power a president has while the United States is at war.”
Wednesday, December 28, 2005
Courts Criticize Judges' Handling of Asylum Cases
According to The New York Times, “Federal appeals court judges around the nation have repeatedly excoriated immigration judges this year for what they call a pattern of biased and incoherent decisions in asylum cases.” Citing cases from around the country, one court wrote of "a disturbing pattern" of misconduct in immigration rulings that sent people back to countries where they had said they would face persecution.
Alito Defended Domestic Wiretaps, Documents Say
CNN reports, “Supreme Court nominee Samuel Alito defended the right of government officials to order domestic wiretaps when he worked for the Reagan Justice Department.”
Secret Court Modified Wiretap Requests
“Government records show that the administration was encountering unprecedented second-guessing by the secret federal surveillance court when President Bush decided to bypass the panel and order surveillance of U.S.-based terror suspects without the court's approval.” The Seattle Post-Intelligencer reports, “A review of Justice Department reports to Congress shows that the 26-year-old Foreign Intelligence Surveillance Court modified more wiretap requests from the Bush administration than from the four previous presidential administrations combined.”
Judge Won't Limit Border Inspections of Muslim Conference-Goers
“A judge Thursday refused to prohibit U.S. border officers from conducting potentially lengthy security checks on Muslim-Americans on their way home from a religious conference in Canada.” reports FindLaw.
Thursday, December 22, 2005
Death Sentences Show Decline Nationwide
The Los Angeles Times reports, “The number of death sentences imposed by juries around the country has plummeted since 1999, according to a study released Wednesday by the Death Penalty Information Center, which opposes capital punishment.”
Judges on Surveillance Court To Be Briefed on Spy Program
According to The Washington Post, “The presiding judge of a secret court that oversees government surveillance in espionage and terrorism cases is arranging a classified briefing for her fellow judges to address their concerns about the legality of President Bush's domestic spying program, according to several intelligence and government sources.”
Court Rules Against Govt in Padilla Case
“In a stinging rebuke to the Bush administration, a U.S. appeals court refused on Wednesday to transfer ‘enemy combatant’ Jose Padilla from U.S. military custody to federal authorities in Florida until the Supreme Court considered his case,” reports Reuters. According to the report, “The court said bringing criminal charges against Padilla in Florida after he had been held by the U.S. military for more than three years created the appearance the government may be attempting to avoid high court review of the case.”
Wednesday, December 21, 2005
Judge Quits Over Bush's Spy Program
“A federal judge resigned from a special court to protest President Bush's secret authorization of a warrantless domestic spying program.” According to The Washington Post, “The action by U.S. District Judge James Robertson stemmed from deep concern that the surveillance program that Bush authorized was legally questionable and may have tainted the work of the court that Robertson resigned from.”
6th Circuit Upholds Ky. Ten Commandments Display
The First Amendment Center reports, “A federal appeals court ruled today that a Kentucky courthouse can keep its display of the Ten Commandments because other historic documents also are included.” “The court said the commandments are viewed alongside nine other documents, including the Bill of Rights and Declaration of Independence.”
Specter will Question Alito on Legality of NSA Spying
The Pittsburgh Post-Gazette reports, “Supreme Court nominee Samuel A. Alito Jr. was warned yesterday by two key senators that he will be expected to comment on the revelation that President Bush authorized the National Security Agency to monitor the international phone calls and e-mails of U.S. citizens without seeking a court order.”
Tuesday, December 20, 2005
Judge Bars 'Intelligent Design' From Pa. Classes
The New York Times reports, “‘Intelligent design’ cannot be mentioned in biology classes in a Pennsylvania public school district, a federal judge said Tuesday, ruling in one of the biggest courtroom clashes on evolution since the 1925 Scopes trial.”
Too Much Secrecy is a Challenge to Justice
The First Amendment Center has this article discussing the need for transparency in American courts, stating, “Because nearly every matter of consequence and controversy in our society eventually winds up in court, Americans have a vital interest in staying informed about how well justice is delivered.”
Monday, December 19, 2005
Courts Lift Curbs On Kids Buying Violent Games
The Wall Street Journal reports, “Legislative efforts to keep ultraviolent and sexually explicit videogames away from children are running into a legal roadblock: the First Amendment.” According to the report, “Federal judges in Illinois and Michigan in recent weeks have blocked laws that banned sales to children of videogames such as ‘Grand Theft Auto: San Andreas.’”
Justices Are Urged to Dismiss Padilla Case
The New York Times reports that the Bush administration has urged the U.S. Supreme Court to dismiss Jose Padilla’s challenge to his military detention claiming the case is moot now that the government plans to try him on terrorism charges in a civilian court. The administration argued it would be “wholly imprudent” for the Supreme Court to consider the case.
Wednesday, December 14, 2005
Pastor's Rights not Violated, Federal Judge Rules
The Wisconsin State Journal reports, “Monroe pastor and anti-gay crusader Ralph Ovadal's rights to free speech were not violated when Madison police told him to remove anti-gay banners over the Beltline in 2003, a federal judge ruled Monday.”
Feingold Won't Rule Out Alito Filibuster
According to the Associated Press, “Democratic Sen. Russ Feingold said Tuesday he won't rule out a filibuster of Supreme Court nominee Samuel Alito, although he said no one in his party is actively planning to use the tactic.”
Specter 'Telegraphs' Blows
“In a letter to Judge Alito, the Pennsylvania Republican who chairs the Senate Judiciary Committee previewed several questions he plans to pose during the nominee's confirmation hearings, which begin Jan. 9,” reports The Pittsburgh Post-Gazette. Read more about those questions here.
N.Y. Court: Defendant's Admissions Are Voluntary Despite IQ of 55
“A defendant with an IQ of 55 may be of ‘subnormal intelligence,’ but he is still capable of comprehending his Miranda rights, an appellate court in New York has ruled in upholding a murder conviction,” reports Law.com.
U.S. Appeals Court Rules Sex With a Minor Isn't a 'Crime of Violence'
According to FindLaw, “A U.S. federal appeals court ruled that a Peruvian immigrant cannot be deported for having sex with a minor because the act by itself is not a ‘crime of violence.’” The Ninth Circuit Court of Appeals concluded that having sexual intercourse with a minor does not constitute a crime of violence if it does not involve the use - or threatened use - of physical force.
Tuesday, December 13, 2005
Judge Backs Calif. Episcopal Parishes
FindLaw has this article on a California judge’s decision that two conservative parishes that broke away from the Episcopal Diocese of Los Angeles to protest the ordination of a gay bishop are the rightful owners of their church buildings and other property.
Federal Court Drops Proposed Gag Rule
“The federal court for Rhode Island on Monday dropped a proposed rule that would have banned lawyers and court workers from releasing any information about a case that was not part of the public record,” reports the Associated Press. The court’s decision came after opponents of the rule argued that it amounted to a blanket gag order on free speech.
Judge Clears Way for Border Fence
The Seattle Post-Intelligencer reports, “A federal judge on Monday lifted the final legal barrier to completing a border fence meant to thwart illegal immigrants in the southwestern corner of the U.S.”
Monday, December 12, 2005
Supreme Court to Review Texas Redistricting Dispute
According to The New York Times, “The United States Supreme Court agreed today to review the constitutionality of the Texas redistricting plan that was engineered by Representative Tom DeLay, the House majority leader until recently, and helped Republicans add to their majority from the Lone Star State.” “Today's announcement by the Supreme Court comes 10 days after the Justice Department acknowledged that some of its top officials had overruled a determination by the agency's civil rights division staff in 2003 that the redistricting plan would dilute the voting strength of minorities in violation of the Civil Rights Act of 1965.”
3rd Circuit Reinstates Federal Obscenity Laws
“A federal judge in Pittsburgh was wrong to strike down federal obscenity laws as unconstitutional, the 3rd U.S. Circuit Court of Appeals has ruled, because he improperly reasoned that a recent gay rights decision from the U.S. Supreme Court now shows that the laws violate fundamental rights to privacy.” Read more about the opinion here.
N.C. Judge Throws Out Quran Oath Lawsuit
The First Amendment Center has this article: “A judge threw out an ACLU lawsuit aimed at allowing the use of non-Christian religious texts in courtroom oaths, saying the civil liberties group had no active case to argue.” “At issue is a state law that allows witnesses preparing to testify in court to take their oath either by laying a hand over a ‘Holy Scripture,’ by saying ‘so help me God’ without the use of a religious book or by using no religious symbols.”
California Justices Reject Williams' Appeal
According to CNN, “California's Supreme Court late Sunday rejected an emergency request to stay the execution of convicted killer Stanley Tookie Williams, who is scheduled to be put to death early Tuesday.”
Thursday, December 08, 2005
Appeals Court to Hear Mumia Abu-Jamal Case
“A federal appeals court has agreed to hear an appeal from death row inmate Mumia Abu-Jamal, the former Black Panther convicted in the 1981 murder of a white Philadelphia police officer.” According to Forbes, “The appeals court said Tuesday it will consider Abu-Jamal's claims that prosecutors illegally removed blacks from the jury pool, that a prosecutor gave an improper summation to the jury, and that the judge in a previous appeal was biased.”
German Sues CIA, Corporations for Rendition, Torture
The New Standard reports that Khaled El-Masri, a foreign national, has filed a lawsuit against the CIA and three US-based corporations for violating human rights laws by abducting and interrogating him in a secret overseas prison. The suit charges that the defendants violated El-Masri’s rights by abducting him and detaining him for five months in what El-Masri says was a tiny, squalid prison cell in Afghanistan.
Justices Agree Benefits May Be Cut to Cover College Debts
“The Supreme Court ruled unanimously today that the government may offset Social Security benefits in order to collect old student loan debts,” reports The New York Times. “The decision gives the government an enhanced tool for collecting billions of dollars in defaulted federally guaranteed student loans by making it clear that a 10-year time limit on the government's ability to collect debts through a process known as ‘administrative offset’ does not apply to student loan debts.”
Wednesday, December 07, 2005
N.Y. Court Ruling Raises Hopes on Eminent Domain
According to The New York Sun, “Property owners angered by the Supreme Court's decision this year that the government can seize their homes and businesses received a psychological boost when a federal appeals court ruled that a New York village had overstepped its eminent domain authority.”
Death Penalty Up for Debate
Kansas’s Wichita Eagle has this article discussing the various positions surrounding today’s oral argument at the U.S. Supreme Court dealing with the constitutionality of the Kansas death penalty statute.
Court Seems Supportive Of Campus Recruiting
According to Lexis, “The Supreme Court appeared ready Tuesday to rule against colleges that want to limit military recruiting on campus to protest the Pentagon's policy on gays.”
Tuesday, December 06, 2005
Supreme Court Hears Case of Recruiters on Campuses
The New York Times reports, “The Supreme Court heard a lively argument today on an issue that touches on free speech, gay rights and national defense in the dangerous, post-9/11 world. The question was whether the federal government can deny financial support to an entire university if any school within it does not give military recruiters the same access to students that it gives to other potential employers on campus.”
U.S. Judge Rules Student can Sue School District for Telling Parents She is a Lesbian
“A federal judge ruled that a lesbian student can sue her school district and her principal for revealing her homosexuality to her mother,” FindLaw reports.
'84 Alito Memo Backed Police Who Shot Unarmed Suspect
“Supreme Court nominee Samuel A. Alito Jr.'s views on abortion caused a stir this week, but another memo that surfaced from his years as a Reagan administration lawyer was notable for its strong support of the police.” The Los Angeles Times reports, “Alito wrote that he saw no constitutional problem with a police officer shooting and killing an unarmed teenager who was fleeing after a $10 home burglary.”
Supreme Court Gives Victory to Hells Angels
According to Law.com, “The Supreme Court refused Monday to muscle into a dispute between motorcycle group the Hells Angels and California law enforcement agencies over the shooting of three family pets during a police search. That means officers can be sued by the biker group over 1998 raids that an appeals court said went too far.”
UnFAIR but Not Illegal
The Supreme Court today hears oral arguments in the case of Rumsfeld v. FAIR , which is a constitutional challenge to a law designed to force universities to permit military recruiting on their campuses. And according to this Washington Post editorial, “The law is bad policy that effectively makes universities complicit in an even worse policy -- that is, the military's discriminatory ‘don't ask, don't tell’ rule on gay men and lesbians serving their country. But not every bad law offends the Constitution, and this litigation is something of a misfire.”
Monday, December 05, 2005
High Court Takes Up Dispute Over Campus Military Recruiting
“The Supreme Court confronts a gay-rights issue tomorrow, in a case that asks whether law schools can bar military recruiters because of the Pentagon's 'don't ask, don't tell' policy,” The First Amendment Cente reports. “Justices will decide whether universities that accept government money must accommodate the military even if the schools forbid the participation of recruiters from public agencies and private companies that have discriminatory policies.”
Mich. Court Issues New Jury Selection Rule
According to a recent 4-3 Michigan Supreme Court ruling, the state’s judges cannot use a person's race, gender, religion or nationality to select jurors, reports the Seattle Post-Intelligencer. “Under the order, discriminating on the basis of race, color, religion, national origin or sex when selecting a jury ‘is prohibited even in cases where the purpose would be to achieve balanced representation.’"
Legal Experts Debate Proposed Limits on Conviction Appeals
According to The New Standard, proposed legislation will heighten hurdles for convicts seeking legal relief based on the Constitution. “The Streamlined Procedures Act – proposed in the House of Representatives by Daniel Lungren (R-California) and in the Senate by Jon Kyl (R-Arizona) – would weave a tighter sieve for claims of wrongful conviction, to achieve what proponents call "finality" in sentencing. Specifically, the bill would make it harder for defendants to pursue claims in federal court over possible violations of their constitutional rights during the judicial process.”
Friday, December 02, 2005
Ill. Death Penalty Case Back in Court
Read this Associated Press article about how a 10-year-old girl by the name of Jeanine Nicarico helped to transform the debate over the death penalty in America.
North Carolina Man Is 1,000th Executed Since 1976 Decision
“Just after 2 a.m., a North Carolina man became the 1,000th person to be executed in the U.S. since the Supreme Court upheld states' rights to order the death penalty in 1976,” reports The New York Times. “The somber moment drew a sizeable crowd to Central Prison in Raleigh, N.C., to protest capital punishment.”
Openly Gay Student's Lawsuit Over Privacy Will Proceed
According to The New York Times, “In a case involving a California high school girl who was openly gay at school, a federal judge has ruled that the girl, Charlene Nguon, may proceed with a lawsuit charging that her privacy rights were violated when the principal called her mother and disclosed that she is gay.”
Schumer Asks Alito For More Abortion Info
Stating that it was "puzzling" that Alito had omitted mention of the case in filling out a Senate Judiciary Committee questionnaire that sought a detailed summary covering "the nature of your participation" in litigation before the Supreme Court, Lexis reports that “Sen. Charles Schumer on Thursday urged the Supreme Court nominee to detail any role he played in drafting the Reagan administration's 1985 request for reversal of a landmark abortion rights ruling.”
High Court Again Considers Limits on Abortion Protests
The First Amendment Center reports, “A two-decade-old legal fight over protests outside abortion clinics returned yesterday to the Supreme Court for the third time, with anti-abortion groups arguing they should be allowed to demonstrate without fear of lawsuits and large penalty judgments.”
Thursday, December 01, 2005
Alito File Shows Strategy to Curb Abortion Ruling
The New York Times reports, “Judge Alito argued in a 1985 memorandum to the Reagan administration's solicitor general that two pending Supreme Court cases were an ‘opportunity to advance the goals of overruling Roe v. Wade and, in the meantime, of mitigating its effects.’ He suggested that ‘many physicians, including those operating high-volume abortion clinics, have a financial interest in encouraging women to have abortions,’ and that such doctors were more worried about ‘an I.R.S. agent investigating tax shelters’ than about criminal prosecution for ‘an abortion-related offense.’”
For New Court, Abortion Case Takes Old Path
After the Supreme Court heard oral arguments in the New Hampshire abortion case yesterday, The New York Times reports, “The justices appeared to be in broad agreement on two propositions: that laws regulating teenagers' access to abortion must make allowances for medical emergencies; and that the New Hampshire law, requiring notice to one parent and a 48-hour waiting period, failed to do so.”
US Appeals Court Delays Padilla Jail Transfer
Reuters reports, “A federal appeals court on Wednesday delayed the transfer to civilian jail from a Navy brig of Jose Padilla, a U.S. citizen charged by the government last week after being held by the military for more than three years as a suspected enemy combatant.”
Roberts Signals Support for Abortion Curbs
According to MSNBC, “At least at first blush, Roberts — hearing his first case as chief justice on abortion restrictions — seemed to be trying hard to save the New Hampshire law from being declared unconstitutional, as it was by two lower courts.”
