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Where should the nation draw the line on free speech? For Supreme Court Justice Samuel Alito, the defense of First Amendment rights expressed by today's majority ruling in the Westboro Baptist Church case goes too far. The 8-1 decision found that the fringe church's hate-filled picketing at the funeral of a Marine corporal killed in Iraq qualified as public discourse protected by the First Amendment. Church members claim soldiers' deaths are God's punishment for U.S. tolerance of homosexuality. Kris Connor, Getty Images Supreme Court Justice Samuel Alito Jr. was the lone ...
LOS ANGELES -- Handcuffed and marched through Washington's Dulles International Airport in his Muslim clothing, the man with the long, dark beard could only imagine what people were thinking. That scene unfolded in March 2003, a year and a half after the Sept. 11 terrorist attacks. One of the four planes hijacked in 2001 took off from Dulles. "I could only assume that they thought I was a terrorist," Abdullah al-Kidd recalled in an interview with The Associated Press. Al-Kidd called his airport arrest "one of the most, if not the most, humiliating experiences of my life." Damian ...
(Oct. 4) -- The Supreme Court gavels in its fall session Monday, but the august panel's newest justice will be its least involved member. Thanks to her previous role as solicitor general, Elena Kagan has recused herself from 25 of the 51 cases the court has accepted so far this term, the Washington Post reports. Much of the court's caseload comes from challenges to federal statutes or government policies, and Kagan served for 14 months as solicitor general, the government's chief legal representative in such cases. ...
NEW YORK -- An epic nine-year battle between a million women and the giant retail chain Wal-Mart is likely to play out soon in the august chambers of the U.S. Supreme Court. In what is shaping up as a David vs. Goliath legal showdown, the world's largest private employer will try to shoot down the largest employment discrimination class-action lawsuit in American history. So far the legal arguments have not focused on the issue of discrimination against women at Wal-Mart. First, the question to be resolved is whether the million or so women involved in the case actually constitute a class. ...
NEW YORK -- We've had no big celebrations on the streets of this city of tolerance after the federal judge's decision in California overturning that state's ban on same-sex marriage. For sure there were plenty of fist pumps and happy hearts all around on Wednesday when the ruling came down, especially in the West Village, and Chelsea where I live. It's an arts-and-nightlife area where rainbow-colored gay banners flutter all year long from some apartment windows and restaurants. This city, cradle of freedom and guardian of human rights, hasn't gotten around to granting gays and lesbians the ...
(July 2) -- If you want to make a progressive tremble, yell "judicial activist" and laugh as they cower under their desk in fear. At least, that's been the pattern for the past two decades of judicial confirmation hearings. So when Elena Kagan took her seat at the beginning of her confirmation hearing, her opponents were pretty confident. Sure, the Senate's lopsided majority made defeating Kagan unlikely, but her opponents thought they would get the next-best thing: a weeklong infomercial on judicial conservatism. This time, however, the infomercial got canceled. While their more ...
Being arrested in the U.S. comes with a few guarantees designed to protect the suspect, chief among them being the so-called "Miranda rights," or more appropriately, "Miranda warning," which generally reads: You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to speak to an attorney, and to have an attorney present during any questioning. If you cannot afford a lawyer, one will be provided for you at government expense. Today, the Supreme Court made a historic addendum to this fundamental principle, ruling 5-4 that ...
While a number of leading lawmakers have urged President Obama to consider a candidate for the Supreme Court who has relevant experience beyond just being a judge, an overwhelming number of Americans say the choice should be someone with a judicial background, according to a Washington Post/ABC News poll conducted April 22-25. Seventy percent said judicial credentials should be a factor in the decision with 52 percent saying it should be a "strong" factor. Only 24 percent said it should not be a factor. No other potential factors came close. Thirty-five percent favored someone with ...
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