Friday, September 29, 2006
Ohio's Abortion Pill Law Rejected
According to The Cincinnati Enquirer, “An Ohio law restricting the use of an abortion-inducing pill is unconstitutional because it is vague and could jeopardize the health of women, a federal judge ruled Wednesday.” The report explains, “The decision is a victory for Planned Parenthood, which argued that limiting the use of the drug, RU-486, could put women at risk.”
Pa. Court Says Father Can Teach Polygamy
“A father may teach his young daughter about his religious belief in polygamy despite his ex-wife's objections, the Pennsylvania Supreme Court said Thursday.” According to The Associated Press, “The 5-1 decision by the state's highest court said Stanley M. Shepp, whose Mormon fundamentalist beliefs endorse polygamy, has a constitutional right to express his beliefs about plural marriages and multiple wives even though bigamy is illegal.”
Term Should Indicate New Justices' Influence
USA Today reports, “The Supreme Court will begin its annual term Monday with a schedule that includes cases on abortion rights, school integration and global warming, topics that will test the impact of the court's two new conservative members.” According to the report, “Such disputes, and a slate of business cases, could offer significant clues on how Chief Justice John Roberts and Justice Samuel Alito will influence the law.”
Thursday, September 28, 2006
Judge Rejects Ashcroft's Immunity Claim
“Former U.S. Attorney General John Ashcroft could be called to testify in a lawsuit that claims a student was wrongly imprisoned in a computer terrorism case, a federal judge ruled Wednesday.” According to Associated Press, “U.S. District Judge Edward Lodge rejected Ashcroft's argument to toss out the lawsuit because he was entitled to absolute immunity since his position at the Department of Justice was prosecutorial.”
Wednesday, September 27, 2006
Justices to Hear Case on Use of Union Fees
“The Supreme Court on Tuesday began the months-long process of filling in its calendar for the new term that begins next week, selecting nine cases from among the nearly 2,000 that accumulated over the summer recess,” reports The New York Times. According to the report, “The most prominent among the nine cases, which will be argued in December and January, is a constitutional dispute over anti-union measures known as ‘paycheck protection’ laws, which restrict how labor unions can use the fees that nonmembers are often required to pay.”
Friday, September 22, 2006
Court: Senator Can't Be Military Judge
“It is unconstitutional for Sen. Lindsey Graham to serve as a member of Congress and a military judge at the same time, a military court has ruled.” According to the Associated Press, the decision came after Airman 1st Class Charles M. Lane challenged Graham’s qualification to serve on the appellate court picked to review his conviction for wrongful use of cocaine, claiming that Graham’s position as both a U.S. Senator and a military judge violates the separation of powers.
Thursday, September 21, 2006
Judge Voids Bush Policy on National Forest Roads
The New York Times reports, “In the latest round of legal Ping-Pong over the future of 49 million roadless acres of national forests, a federal judge in California on Wednesday reinstated Clinton-era protections against logging and mining on the land and invalidated the Bush administration’s substitute policy.”
Library's Ban on Prayer Service Upheld on Appeal
“Contra Costa County did not intrude on religious freedom when it barred a church from holding prayer services in a meeting room of the Antioch library, a federal appeals court ruled Wednesday in a case that drew arguments from the Bush administration in support of the church.” The San Francisco Chronicle reports, “In a 2-1 decision, the Ninth U.S. Circuit Court of Appeals in San Francisco said that the Faith Center Church Evangelistic Ministries had the right to hold religious discussions in a room that was open to other community groups, but that the county could prohibit it from conducting worship services.”
Friday, September 15, 2006
High Court to Post Same-Day Transcripts
The Washington Post reports, “The Supreme Court announced yesterday that it will make same-day transcripts of its oral arguments available free on its Web site, the quickest and most complete public access to its proceedings the court has ever offered.” However, the article also points out, “There is no sign that the court is about to yield to calls for live television coverage, which the justices have steadfastly refused.”
Thursday, September 14, 2006
Couple Loses Challenge on Blood Test Law
According to The Associated Press, a federal judge has refused to throw out Nebraska's one-of-a-kind newborn blood screening law that is aimed at preventing several metabolic diseases that can cause severe mental retardation or death if left undetected. The court struck down the argument by a Nebraska couple claiming that the law unconstitutionally interferes with their right to freely exercise their religion as members of the Church of Scientology.
Recent Legal Rulings Favor Grandparents
USA Today reports, “Six years after the U.S. Supreme Court curbed grandparents' rights in child-visitation disputes, three recent rulings by state supreme courts suggest that those who go to court seeking more time with their grandchildren are gaining ground.” The article points to three recent rulings in Pennsylvania, Utah and Colorado where the courts ruled in favor of grandparents who sought visitation despite the objections of the child’s parent to suggest that courts are increasingly sympathetic to grandparents, particularly in cases involving the death of a parent or another family tragedy.
Bankruptcy Reform Ruling Limits Some Charitable Giving
“Many Americans seeking Chapter 13 bankruptcy protection will have to pay off all creditors before they can tithe or make other charitable donations under the new federal bankruptcy-reform law, a judge has ruled.” According to The Washington Times, “The opinion is a setback for some religious groups, since bankruptcy-court judges were required to let debtors tithe a portion of their income on a regular basis before the new law took effect in October.”
Monday, September 11, 2006
Court Suspends Enforcement of Indecency Ruling
“Television broadcasters won a temporary victory yesterday when a federal appeals court told the Federal Communications Commission not to enforce an indecency ruling it imposed on several television shows earlier this year,” reports The Washington Post. The court’s decision marks the latest skirmish between the FCC and broadcasters over what can and cannot be said and shown on over-the-air television and radio since the FCC has toughened its indecency actions after several noteworthy incidents in the past few years, including the exposure of Janet Jackson's right breast during the 2004 Super Bowl halftime show.
Wednesday, September 06, 2006
Judge Hears Arguments on Federal Spying Program
According to The New York Times, “In a lively oral argument lasting almost three hours, a federal judge in Manhattan indicated yesterday that he had serious reservations about the legality of a National Security Agency surveillance program that monitors the international communications of people in the United States.” This ruling would accompany another ruling from a federal judge last month finding the NSA surveillance program illegal.
High Court Justices Sound Cool Toward Internet Libel Case
“The California Supreme Court showed little inclination Tuesday to allow suits against Internet service providers such as Google and Yahoo by people who claim they were libeled online,” reports The San Francisco Chronicle. “The court is reviewing an October 2003 ruling by a state appeals court that a service provider is responsible for the contents of a defamatory message if the provider knew, or had reason to know, that the message was libelous and failed to remove it.”
