Supreme Court

Supreme Court Hears Argument on Indiana Voter ID Law

Yesterday, the Supreme Court heard arguments in the consolidated cases of Crawford v. Marion Cty. Election Board and Indiana Democratic Party v. Rokita, a case that could affect the fundamental right of Americans to vote and possibly even the outcome of future elections, including the 2008 election.

At issue in the case is whether Indiana’s photo voter ID law, which is the most restrictive in the nation, unconstitutionally burdens the fundamental right to vote.

PFAW

DOJ Supports Restrictive Voter ID Law

This week, the Bush Department of Justice filed an amicus curiae brief in the Supreme Court in the Indiana voter ID case (Crawford v. Marion Cty. Election Board), supporting the state's imposition of the most restrictive voter ID barriers in the nation.

PFAW

Supreme Court Hears Detainee Case

The Supreme Court today heard oral argument in Boumediene v. Bush, an important separation of powers case in which detainees at Guantanamo are challenging the constitutionality of the Military Commissions Act, which prohibits them from challenging the legality of their detention through habeas corpus review in federal courts. The detainees contend that the preclusion of habeas review violates the Suspension Clause of the Constitution, which prohibits the suspension of the writ of habeas corpus except in cases of "rebellion or invasion." PFAWF has filed an amicus curiae brief in the case in support of the detainees' constitutional claims.

PFAW

Supreme Court Hears Employment Discrimination Case

On Monday, December 3, the Supreme Court heard oral argument in Sprint v. Mendelsohn, an employment discrimination case brought by Ellen Mendelsohn, a former Sprint employee who believes that she was unlawfully selected for a company-wide reduction in force because of her age. At trial, the judge prohibited Mendelsohn from presenting the testimony of other terminated workers who would have testified to age-related bias within the company unless those workers had the same supervisor that Mendelsohn had had. Mendelsohn lost at trial, but the court of appeals reversed, holding that the testimony of the other employees should have been allowed.

PFAW

Supreme Court to Hear Controversial Gun Control Law Case

District of Columbia v. Heller, No. 07-290
On November 20, the Supreme Court agreed to hear a highly controversial case that, whichever way it is decided, is likely to produce a landmark ruling on the issue of gun control and the Second Amendment. D.C. v. Heller is the District of Columbia's appeal from a 2-1 ruling of the D.C. Circuit invalidating D.C.'s ban on private handgun ownership. The D.C. Circuit majority (which included controversial Bush nominee Thomas Griffith) broke with most federal appellate courts that have considered this issue to hold that the Second Amendment confers on individual Americans a right to possess firearms, rather than a "collective right" stemming from the Amendment's language pertaining to a "well regulated militia."

PFAW

Supreme Court to Hear Arguments on Indiana Voter ID in January

Today, the Supreme Court set oral argument in the Indiana voter ID case for 10 a.m. on Wednesday, January 9, only 12 days after briefing is completed in this case. PFAWF has joined with many other civil rights groups, academics, and election officials in arguing that the restrictive voter ID laws imposed by Indiana disenfranchise hundreds of thousands of eligible voters, and disproportionately affect minorities, students, elderly, women, and the poor, while doing nothing to enhance the integrity of elections. A decision is expected by the end of the term in June.

PFAW

PFAWF Files Amicus Brief in Indiana Voter ID Case

As PFAWF has previously noted on Court Watch, the Supreme Court this term will be hearing an important case challenging the constitutionality of Indiana's restrictive voter ID law, which unnecessarily burdens the rights of eligible voters, particularly minorities, the elderly, students, women, and the poor, without justification. On November 13, PFAWF joined other civil rights organizations in filing an amicus curiae brief in the Supreme Court in support of those challenging this law.

PFAW

Today at the Supreme Court: Federal Express v. Holowecki

The Supreme Court heard oral argument today in Federal Express v. Holowecki, an employment discrimination case in which the employee's access to justice through the courts is at stake, as we have previously described. Under the Age Discrimination in Employment Act, an employee who believes that she has been subjected to unlawful discrimination must file a "charge" with the EEOC before she can sue, and the EEOC must then notify the employer and attempt to resolve the matter.

PFAW

Another Courthouse Door Closed to Religious Liberty Plaintiffs

One of the Supreme Court's disturbing 5-4 decisions last term — Hein v. Freedom From Religion Foundation — is already coming home to roost in the lower courts. On October 30, 2007, relying on Justice Alito's purality decision in Hein, a sharply divided three-judge panel of the 7th Circuit ruled, 2-1, in Hinrichs v. Bosma that taxpayers in Indiana do not have standing to challenge the practice of the state House of Representatives of opening its sessions with a sectarian (typically Christian) prayer.

PFAW

PFAWF Files Supreme Court Amicus Brief In Employment Discrimination Case

On October 19, 2007, PFAWF joined 11 other civil rights groups in filing an amicus curiae brief in Sprint v. Mendelsohn, an employment discrimination case pending in the Supreme Court and one of the cases that we highlighted in our preview of the Court's term because of its importance to the right of employees who believe that they have been subjected to workplace discrimination to obtain justice in the courts. Other groups joining this brief include the NAACP, MALDEF, the National Women's Law Center, the Asian American Justice Center, and the Puerto Rican Legal Defense and Education Fund, a diverse coalition underscoring the importance of this case to the civil rights community.

PFAW

Countering Time Magazine on the Court's Relevance to Americans

TIME magazine’s cover story this week told Americans they don't need to care about the Supreme Court because its decisions don’t make a difference in most people’s lives. That premise is just wrong, as the letter we submitted to TIME makes clear (see below). It’s also pretty astonishing to have that article appear the very same week that the GOP presidential candidates will appear before right-wing activists and the so-called "Values Voter Summit" and enthusiastically pledge to put more Justices like Roberts, Alito, Scalia and Thomas on the Court — and cement for a generation the right-wing trends that are undermining Americans’ legal rights and protections.

PFAW

Today at the Supreme Court: Is New York's Method of Electing Judges Constitutional?

This morning, the Supreme Court heard oral argument in a significant case involving the selection of trial court judges in New York, NY Board of Elections v. Torres. At issue is the constitutionality of New York state's highly controversial system for the election of trial court judges from candidates chosen by party conventions; the delegates to the convention are selected in primary elections. The plaintiffs contend that the system violates the First Amendment political association rights of voters and candidates because the system effectively closes the door to candidates who do not have the support of party bosses, and the lower courts agreed. However, that argument did not appear to gain much sympathy from most of the Justices in the Supreme Court today.

PFAW

Court to Consider Constitutionality of Indiana's Voter ID Law

This week, the Supreme Court added 17 more cases to the 26 it has already agreed to hear during its upcoming term, which starts on Monday, October 1. Among the newly-added cases is one that is likely to have far-reaching consequences on the abllity of many Americans to be able to go to the polls on election day and cast a vote. The case, Crawford v. Marion County Election Board, is a challenge to the constitutionality of Indiana's voter ID law, which requires voters to show a current, government-issued photo identification at the polls in order to be allowed to vote, allegedly to combat voter fraud.

PFAW

PFAW Foundation Files Amicus Brief in Federal Express v. Holowecki

On September 24, 2007, People For the American Way Foundation, along with AARP, the National Employment Lawyers Association, the National Women's Law Center, the National Partnershipship for Women and Families, and the Asian American Justice Center, filed an amicus curiae (friend of the court) brief in the Supreme Court in support of the employees in Holowecki. We've previously written about this case, which is an important employment discrimination case that the Court has already agreed to hear this term.

PFAW

Toobin's Take

Court watcher Jeffrey Toobin is launching his new book, The Nine: Inside the Secret World of the Supreme Court, with a round of media interviews. Asked by Time about "the impact of the two new Bush Justices, John Roberts and Samuel Alito," Toobin could not have been more blunt — or correct: "This is a much more conservative institution than it was two years ago. There will be no surprises with the Chief and Justice Alito. They are committed fervent judicial conservatives, and they're not going to change."

PFAW

Coming Up at the Court: Preview of Key Supreme Court Cases in the New Term

The first day of October will be the first day of the Supreme Court’s new term, and the justices have already chosen to hear several cases that may well be decided by narrow majorities, as Scalia and Thomas have been joined by Roberts and Alito to form a reliable, ultraconservative voting bloc, with Kennedy as the new swing vote on a Court transformed by Bush Administration nominees.

People For the American Way Foundation has published a preview of several of these cases — cases that could have a profound impact on the rights of Americans, the limits of presidential power, and the conduct of partisan politics. The issues at stake include:

PFAW

Coming Up at the Court: Preview of Key Supreme Court Cases in the New Term

The first day of October will be the first day of the Supreme Court’s new term, and the justices have already chosen to hear several cases that may well be decided by narrow majorities, as Scalia and Thomas have been joined by Roberts and Alito to form a reliable, ultraconservative voting bloc, with Kennedy as the new swing vote on a Court transformed by Bush Administration nominees.

People For the American Way Foundation has published a preview of several of these cases — cases that could have a profound impact on the rights of Americans, the limits of presidential power, and the conduct of partisan politics. The issues at stake include:

PFAW

PFAWF Files Amicus Brief in Church-State Case

People For the American Way Foundation today joined a number of other religious liberty groups, including the ACLU and Americans United for Separation of Church and State, as well as the American Federation of Teachers, in filing an amicus curiae brief in the United States Court of Appeals for the Tenth Circuit in Colorado Christian University v. Baker. The University, a private, religious school, has challenged Colorado tuition assistance programs that do not allow the participation of pervasively sectarian schools, consistent with the state Constitution's prohibition on public funding of religious education. The University claims that the Colorado programs violate the Free Exercise Clause of the U.S. Constitution.

PFAW