Tuesday, June 28, 2005

Tuesday Update 2 - Supreme Court Activity - 6.28.05

Good afternoon . . .

In a flurry of activity, the US Supreme Court ended its business for the 2004-2005 term by issuing orders on several pending cases and accepting some highly contested cases for the new term that begins in October.

In the wake of Monday's rulings on two cases involving the display of the Ten Commandments, the court declined, without comment, to hear additional cases from Ohio and Kentucky on the same issue. For now, the court has spoken on this issue.

In another order, the court will take up a 20-year-old case on whether an anti-abortion group can be prosecuted under federal RICO laws. On two previous occasions, the court ruled that RICO laws did apply, but in 2003 reversed itself.

The case will decide whether Operation Rescue's, and anti-abortion group, use of blockades and other violent demonstrations to protest abortion clinics.

The lawsuit was brought by the National Organization for Women which says the court should rule on the four acts or threats of physical violence that are at the center of the current appeal.

While Operation Rescue hopes the appeal will bring the abortion issue to the forefront, the abortion issue is not at the heart of the appeal. The case is whether Operation Rescue can be sued under RICO laws.

The justices will need to reign in attorneys for both sides if they try to get off the crux of the case and be prepared to answer hard questions from Justices Scalia and Thomas.
Top court to decide anti-abortion group lawsuit - Yahoo! News
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Another case the justices will hear in the fall will determine when people should get a new chance to prove their innocence.

The case involves an inmate on Tennessee's death row who was convicted of sexually assaulting and killing a neighbor. Later DNA test, not available during the trial, proved the semen found in the victim's underwear and nightgown came from her husband.

Last fall the 6th US Circuit Court of Appeals in Cincinnati rejected An appeal in a close 8-7 ruling.

"This will be the first time the Supreme Court considers the impact of DNA evidence on the constitutional right to a fair trial," said Nina Morrison, an attorney with the Innocence Project in New York. "The potential implications are significant."

This will be one of several death penalty cases the high court will hear in the new term.
High Court to Consider Death Penalty Case - Yahoo! News
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When Matthew Cooper and Judith Miller return to court on Wednesday, there could be different outcomes. Cooper and Miller are the reporters who were held in contempt by a federal judge for failing to reveal sources in a federal investigation.

The investigation was into leaks that revealed the identity of a CIA undercover operative. Miller and Cooper could be sentenced to 18 months in prison for the contempt charge.

There is speculation that Cooper's employer, Time magazine is considering handing over to the court the documents that will reveal the sources. Attorneys for Time will not comment on the rumor. Ted Olson, attorney for the magazine said, "decisions have not been made in terms of what Time will do if the judge reaffirms the order. Other Time executives have declined comment.

The New York Times said in a statement that reporter Judith Miller would not reveal the source. The statement said, in part, "we fully support the position of Judith Miller and her decision to honor the commitment she made to her sources."
Will Time Inc. Hand Over Documents that Keep Cooper Out of Jail?
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A reminder that there will be no Updates or Briefings from June 19 - July 2.

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