November 30, 2009
Posted: November 30th, 2009 02:00 PM ET

From

Washington (CNN) - The Supreme Court has ordered a lower court to re-examine an ongoing dispute over public release of photos apparently depicting abuse of suspected terrorists and foreign soldiers in U.S. custody.

President Obama signed legislation late last month to keep the disputed material under wraps. That executive action apparently prompted the justices to delay any consideration of the larger legal issues.

In a brief order Monday, the high court instructed the New York-based 2nd U.S. Circuit Court of Appeals to re-examine its decision earlier this year that the photos be disclosed. The photos - more than three dozen images of Iraqi and Afghan prisoners - were gathered as part of a military investigation into allegations that detainees held in Afghanistan and Iraq were tortured and physically abused.

The American Civil Liberties Union had filed a Freedom of Information Act request for the photos. The Bush administration denied that request, and the ACLU filed suit.

Full story

Filed under: Obama administration • Supreme Court


October 13, 2009
Posted: October 13th, 2009 12:09 PM ET

From

WASHINGTON (CNN) – The Supreme Court has postponed deciding whether the Obama administration can block public release of photos apparently depicting abuse of suspected terrorists and foreign soldiers in U.S. custody.

The Obama administration told the justices late last week of an apparent agreement with Congress on a law preventing disclosure of the material. That could render the legal issues moot.

President Barack Obama had initially favored the release, which had been opposed by the Bush administration, but changed his mind after intense urging against it by military leaders.

That led the American Civil Liberties Union, which had sought access to the photos under the Freedom of Information Act, to file a lawsuit seeking disclosure.

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Filed under: President Obama • Supreme Court


October 7, 2009
Posted: October 7th, 2009 04:30 PM ET

From
A judge ruled that the Mojave Cross must be covered until a First Amendment issue can be resolved.
A judge ruled that the Mojave Cross must be covered until a First Amendment issue can be resolved.

WASHINGTON (CNN) - The Supreme Court offered conflicting concerns Wednesday over a cross, erected as a war memorial, that sits on national parkland in the Mojave Desert and whether it violates the constitutional separation of church and state.

Conservative members of the bench suggested that Congress acted properly when it tried to transfer land around the Mojave Memorial Cross to veterans groups, an effort to eliminate any Establishment Clause violation. A federal appeals panel had blocked that land swap.

"Isn't that a sensible interpretation" of a federal court injunction banning the display on government property, Justice Samuel Alito asked.

But Justice Stephen Breyer was adamant that the government had not acted in good faith. "You are violating this injunction" that ordered removal of the cross, he told the government's lawyer.

The swing vote - as he is in many hot-button issues - may be Justice Anthony Kennedy, who questioned attorneys on both sides but did not indicate how he was leaning.

Full story

Filed under: Supreme Court


October 3, 2009
Posted: October 3rd, 2009 09:08 AM ET

From
Cardinal Theodore McCarrick and Chief Justice John Roberts attend Red Mass in 2005.
Cardinal Theodore McCarrick and Chief Justice John Roberts attend Red Mass in 2005.

WASHINGTON (CNN) – The beautifully ornate Catholic church in the nation's capital has seen its share of history and controversy.

In 1963, the Cathedral of St. Matthew the Apostle was the site of John F. Kennedy's funeral. After the service, on the steps outside, the slain president's young son famously saluted his father's memory.

But the church is also the site of an annual Mass that has drawn criticism for what many see as an unhealthy mix of politics, the law and religion.

Washington's annual Red Mass, which celebrates the legal profession, will be held this year on Sunday, October 4 - the day before the Supreme Court begins its new term. Several justices traditionally attend, along with congressional leaders, diplomats, cabinet secretaries and other dignitaries.

Past presidents have also attended, though there is no word yet on whether President Obama will appear.

Full story

Filed under: Supreme Court


October 1, 2009
Posted: October 1st, 2009 06:45 PM ET

From
Cardinal Theodore McCarrick and Chief Justice John Roberts attend Red Mass in 2005.
Cardinal Theodore McCarrick and Chief Justice John Roberts attend Red Mass in 2005.

WASHINGTON (CNN) - The beautifully ornate Catholic church in the nation's capital has seen its share of history and controversy.

In 1963, the Cathedral of St. Matthew the Apostle was the site of John F. Kennedy's funeral. After the service, on the steps outside, the slain president's young son famously saluted his father's memory.

But the church is also the site of an annual Mass that has drawn criticism for what many see as an unhealthy mix of politics, the law and religion.

Full story

Filed under: Supreme Court


September 30, 2009
Posted: September 30th, 2009 12:40 PM ET

From

WASHINGTON (CNN) – Setting the stage for a dramatic battle over gun rights, the Supreme Court Wednesday accepted an appeal challenging the ability of state and local governments to enforce strict limits on handguns and other weapons.

The high court returned from its summer recess, meeting in private to consider thousands of pending appeals that have piled up the past three months. The Second Amendment case from Chicago was the most anticipated of the petitions, and oral arguments will be held sometime early next year. Nine other cases were also accepted for review.

At issue is whether the constitutional "right of the people to keep and bear arms" applies to local gun control ordinances, or only to federal restrictions. The basic question has remained unanswered for decades, and gives the conservative majority on the high court another chance to allow individuals expanded weapon ownership rights.

The appeal was filed by a community activist in Chicago who sought a handgun for protection from gangs.

The justices last year affirmed an individual right to possess handguns, tossing out restrictive laws in Washington, D.C.

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Filed under: Gun Control • Supreme Court


September 25, 2009
Posted: September 25th, 2009 10:29 AM ET

From

(CNN) - Justice Ginsburg was released from Washington Hospital Center this morning and plans to be at work at the Court this afternoon, a spokesperson for the Supreme Court said.

Filed under: Supreme Court


September 9, 2009
Posted: September 9th, 2009 06:41 PM ET

From
The campaign finance case before the court stems from a film critical of then-presidential candidate Hillary Clinton.
The campaign finance case before the court stems from a film critical of then-presidential candidate Hillary Clinton.

WASHINGTON (CNN) - The Supreme Court heard new arguments Wednesday in a dramatic case that started with a movie attacking Hillary Clinton - but that could have far-reaching implications for U.S. elections.

"If you thought you knew everything about Hillary Clinton, wait till you see the movie," said an ad last year for "Hillary: The Movie," a scorching attack on the woman then running for president.

Citizens United, the conservative group behind the film, promoted it as featuring 40 interviews - a "cast to end all casts"– and promised that if "you want to hear about the Clinton scandals of the past and present, you have it here! 'Hillary: The Movie' is the first and last word in what the Clintons want America to forget!"

Few Americans ever saw the ad; a federal court ruled that it broke the law on campaign advertising.

Full story

Filed under: Hillary Clinton • Supreme Court


September 8, 2009
Posted: September 8th, 2009 03:18 PM ET

From
Justice Sonia Sotomayor was welcomed to the Supreme Court by her new colleagues in a brief special ceremony Tuesday in the ornate courtroom.
Justice Sonia Sotomayor was welcomed to the Supreme Court by her new colleagues in a brief special ceremony Tuesday in the ornate courtroom.

WASHINGTON (CNN) – Justice Sonia Sotomayor was welcomed to the Supreme Court by her new colleagues in a brief special ceremony Tuesday in the ornate courtroom.

President Barack Obama and Vice President Joe Biden were among those who attended the investiture of the 111th justice, where the court accepted her commission to serve on the high court.

During the five-minute ceremony, a beaming Sotomayor formally joined the eight other justices on the bench. The court has returned early from its summer recess to hear arguments in an appeal Wednesday dealing with campaign finance reform. It will be the 55-year-old justice's first case.

Among those who attended were members of Congress and the Obama administration, including Attorney General Eric Holder, who formally introduced Sotomayor to those gathered.

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Filed under: Sonia Sotomayor • Supreme Court


September 5, 2009
Posted: September 5th, 2009 02:52 PM ET

From
The campaign finance case before the court stems from a film critical of then-presidential candidate Hillary Clinton.
The campaign finance case before the court stems from a film critical of then-presidential candidate Hillary Clinton.

WASHINGTON (CNN) – Money and politics are often equated as the fuel and engine of American democracy, but thanks to the Supreme Court, century-old government speed bumps on the campaign speech superhighway may soon be a thing of the past.

Those are the monumental stakes when the justices return early from its summer recess Wednesday to re-hear a case which could radically alter the election calculus for corporations, unions, advocacy groups, and individuals seeking a voice in the crowded national political debate.

The court will hold a rare special session, which also marks the debut of Justice Sonia Sotomayor. At issue is whether prior rulings limiting corporate spending on federal elections should be overturned. The justices could decide to erase the subtle but important distinction between corporate donors - which are subject to regulation - and individual donors, who largely are not.

Full story

Filed under: Hillary Clinton • Supreme Court


August 8, 2009
Posted: August 8th, 2009 12:35 PM ET

From

(CNN) - Sonia Sotomayor, who rose from humble roots in a Bronx, New York, housing project to a high-powered legal career, was sworn in Saturday as the 111th justice of the U.S. Supreme Court.

With friends and family looking on, the 55-year-old jurist took the judicial oath in the court's wood-paneled East Conference Room, pledging to "faithfully and impartially discharge and perform all the duties incumbent on me."

It was the first time such a ceremony was televised.

Chief Justice John Roberts administered the 62-word oath required of all federal judges. In a private ceremony just moments before, Sotomayor took a separate, constitutional oath across the hall. Both oaths are necessary for her to assume her new duties.

Full story

Filed under: Sonia Sotomayor


August 6, 2009
Posted: August 6th, 2009 05:18 PM ET

From

WASHINGTON (CNN) – With Sonia Sotomayor soon to fulfill her long-held dream to sit on the Supreme Court, she will have the prestige of joining the highest court in the land, lifetime job security, and a public forum as the first Hispanic on that bench.

Her formal swear-in will be Saturday morning at the high court, with Chief Justice John Roberts administering the judicial oath.

The 55-year-old judge now has the opportunity to become a influential force among her new colleagues, a legal pioneer who could help shape the law and its effect on society in any number of ways. But such a legacy will not come easily and it certainly will not come quickly. The internal dynamics of a body built on tradition and stability have long discouraged swift and sweeping forces that are regularly felt in the other branches of government, and society at large.

After her Thursday confirmation by the Senate, Sotomayor will become the junior justice, someone with the least seniority but no less authority than her eight benchmates. She brings with her a bit of history, and is sure to be the focus of public attention and political scrutiny.

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Filed under: Sonia Sotomayor • Supreme Court


July 24, 2009
Posted: July 24th, 2009 12:54 PM ET

From

WASHINGTON (CNN) – Two key Republicans on the Senate Judiciary Committee announced their opposition to Supreme Court nominee Sonia Sotomayor on Friday, a further sign the party's conservative base is uniting against President Barack Obama's first high court pick.

Sen. Orrin Hatch of Utah - the former chairman of the committee - and Sen. John Cornyn of Texas - head of the party's Senate campaign committee - announced on the Senate floor their intention to vote against the 55-year-old federal appeals court judge.

Hatch's decision came as somewhat of a surprise. The veteran Republican has voted for every high court nominee in his 32-year Senate career - including President Bill Clinton's two liberal choices, Justices Ruth Bader Ginsburg and Stephen Breyer.

Hatch had praised Sotomayor's "credentials and experience" and the fact she would be the first Hispanic justice. But despite the nominee's compelling life story, Hatch said that controversial off-the-bench comments by Sotomayor troubled him.

"I reluctantly, and with a heavy heart, have found that I cannot support her nomination to the U.S. Supreme Court," Hatch said in a written statement.

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Filed under: John Cornyn • Orrin Hatch • Sonia Sotomayor • Supreme Court


July 23, 2009
Posted: July 23rd, 2009 01:02 PM ET

From
The NRA on Thursday reinforced its opposition to the confirmation of Sonia Sotomayor to the Supreme Court.
The NRA on Thursday reinforced its opposition to the confirmation of Sonia Sotomayor to the Supreme Court.

WASHINGTON (CNN) – The National Rifle Association reinforced its opposition to the Supreme Court nomination of Judge Sonia Sotomayor, warning senators Thursday their votes will be considered in the NRA's future candidate evaluations.

The NRA announced last week that it viewed Sotomayor as having a "hostile view" of gun rights under the Constitution.

Since the NRA's announcement last week, five Republicans have already pledged their votes for Sotomayor, including conservative Sen. Lindsey Graham, R-S.C., and key member of the Judiciary Committee.

The nominee herself was on Capitol Hill, meeting with conservative senators. Seven Republicans have already announced they would vote against her, but that is not expected to slow what is predicted to be easy confirmation to the nation's highest court.

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Filed under: Sonia Sotomayor • Supreme Court


July 22, 2009
Posted: July 22nd, 2009 01:04 PM ET

From
Sen. Lindsey Graham announced Wednesday that he will vote to confirm Sonia Sotomayor.
Sen. Lindsey Graham announced Wednesday that he will vote to confirm Sonia Sotomayor.

WASHINGTON (CNN) - A key Republican senator announced Wednesday he plans to vote for Supreme Court nominee Judge Sonia Sotomayor, adding further momentum to an easy confirmation for President Obama's first high court pick.

South Carolina Sen. Lindsey Graham's decision bucks the views of most of his conservative GOP colleagues. Republican Sens. Jon Kyl of Arizona and Thad Cochran of Mississippi preceded Graham on the Senate floor to oppose the 55-year-old federal appeals court judge.

Graham called Sotomayor "extremely well-qualified" with an extensive legal and judicial record, but criticized some of her views expressed on and of the bench. He lamented "the politicization of the judiciary" that he said has hurt public respect for the courts and the legislature itself. Three other moderate Republicans have previously announced they would vote to confirm Sotomayor.

The Senate Judiciary Committee will vote next Tuesday whether to confirm her, followed days later by a full Senate vote. Confirmation is expected, and GOP leaders have said they would not filibuster the nominee.

Filed under: Lindsey Graham • Sonia Sotomayor • Supreme Court


July 14, 2009
Posted: July 14th, 2009 09:55 AM ET

From

Stare decisis
Latin for "let the decision stand," it simply means respect for judicial precedent. Every court nominee will tell senators of their fidelity to stare decisis - but of course, when they reach the bench they can rule as they please. Critics on both sides accuse judges of wavering on their respect for precedent, depending on whether it suits their views on hot-button issues.

Writ or petition for certiorari
Latin for "jurisdiction," these are the most common type of appeals filed with the Supreme Court, asking the justices for discretionary review. Justices only accept about 1 percent of the cases presented to them, so senators may ask the nominee about her views about which cases the high court should accept. There's a lot of debate in legal circles whether the high court is accepting too few cases for review.

Legislative intent
The term is self-explanatory, as judges are asked often to interpret what Congress meant when it passed a law. With Democrats in control of the Congress and a shaky conservative majority on the high court, expect more legal challenges in the federal courts in coming years over federal laws in a range of issues: health care, national security, and the environment. There's been a long-running debate in the courts over whether judges should rely simply on the language of the law or whether they should dig deeper and gauge intent from committee hearings, floor speeches, or similar laws.

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Filed under: Sonia Sotomayor • Supreme Court


July 9, 2009
Posted: July 9th, 2009 12:35 PM ET

From
CNN Supreme Court Producer Bill Mears looks at the impact Sonia Sotomayor would have on the Supreme Court.
CNN Supreme Court Producer Bill Mears looks at the impact Sonia Sotomayor would have on the Supreme Court.

WASHINGTON (CNN) - If Sonia Sotomayor fulfills her long-held dream to sit on the Supreme Court, she would have the prestige of joining the highest court in the land, lifetime job security, and a public forum as the first Hispanic on that bench.

The 55-year-old judge would also have the opportunity to become a influential force among her colleagues, a legal pioneer who could help shape the law and its effect on society in any number of ways. But such a legacy would not come easily and it certainly would not come quickly. The internal dynamics of a body built on tradition and stability have long discouraged swift and sweeping forces that are regularly felt in the other branches of government, and society at large.

If confirmed by the Senate, Sotomayor would become the junior justice, someone with the least seniority but no less authority than her eight benchmates. She would bring with her a bit of history, along with the public attention and political scrutiny that would follow.

"It's a step forward for the country. Having someone who's in a permanent lifetime appointment at the highest levels of the government who has this background, both economically and ethnically, is a big deal, it's a moment," said Thomas Goldstein, co-founder of scotusblog.com whose has argued before the justices as a private attorney. "The idea that a Democratic president did this and embraced them in this way will not be forgotten."

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Filed under: Sonia Sotomayor • Supreme Court


July 8, 2009
Posted: July 8th, 2009 12:55 PM ET

From
Sonia Sotomayor spends her days in a small office next to the West Wing of the White House.
Sonia Sotomayor spends her days in a small office next to the West Wing of the White House.

WASHINGTON (CNN) – Judge Sonia Sotomayor's world these days is a tiny, plain office in the Eisenhower Office Building next door to the West Wing of the White House.

There she prepares for next week's confirmation hearings to become the 111th person to sit on the U.S. Supreme Court. While a group of mostly young lawyers meet regularly with her, sources close to the judge say much of her time is spent alone, reading her past cases and speeches, taking notes - the monotonous, grinding work every high court nominee must go through to endure the intense scrutiny by the Senate Judiciary Committee.

Away from her family, friends and colleagues in New York and the comfort zone of her judicial chambers - the federal appeals court judge has felt overwhelmed at times by the media attention and intense preparation, say sources close to her. But they say she remains focused and surprisingly upbeat about the unpredictable public stage she is about to take.

"She has always possessed this quiet confidence in herself, which really never crosses into over-confidence," said one longtime friend who asked not to be identified. "Sonia is proud of her record as a judge, proud of her upbringing, and proud of herself. She'll do well" in the hearings.

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Filed under: Sonia Sotomayor • Supreme Court


July 7, 2009
Posted: July 7th, 2009 11:51 AM ET

From

WASHINGTON (CNN) - Supreme Court nominee Sonia Sotomayor has been given the American Bar Association's highest rating for "professional qualification," a political boost less than a week before her confirmation hearings begin in the Senate.

An ABA committee that reviewed her record concluded unanimously Tuesday that she is "well qualified" to sit on the high court. The nation's largest association of attorneys has been evaluating nominees to the federal bench for five decades.

Sotomayor was last evaluated by the ABA in 1998 when she was nominated for the appeals court seat she now occupies. She was also rated "well-qualified," but the vote then was not unanimous.

Her confirmation hearings for the high court begin Monday, and Judiciary Chairman Sen. Patrick Leahy, D-Vermont, applauded the ABA evaluation, saying it "should eliminate the doubts of naysayers who have questioned Judge Sotomayor's disposition on the bench."
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Filed under: Sonia Sotomayor • Supreme Court


June 29, 2009
Posted: June 29th, 2009 12:55 PM ET

From
Justice Souter said goodbye to his colleagues Monday.
Justice Souter said goodbye to his colleagues Monday.

WASHINGTON (CNN) – Retiring Justice David Souter said goodbye to his U.S. Supreme Court colleagues Monday, telling them in a brief statement he read from the bench that they had "touched me more than I can say."

The 69-year-old justice said he is looking forward to his retirement in New Hampshire, but would retain fond memories of "the finest moments in my life."

The court is now in recess until early September and awaiting the possible confirmation of appellate Judge Sonia Sotomayor to replace Souter.

Nominated by President George H.W. Bush in 1990, Souter announced May 1 that he would step down from the high court after 19 years.

Near the end of the court's public session, Chief Justice John Roberts read a letter from his benchmates to Souter, noting a "profound sense of loss" over his retirement.

"We deeply value the times we have shared in judicial service," said Roberts, who then briefly quoted poet Robert Frost. "We understand your desire to trade white marble for White Mountains [of New Hampshire], and return to your land 'of easy wind and downy flake.' "

Retired Justice Sandra Day O'Connor also signed the letter.

After Roberts spoke, Souter announced, "I too have a statement to read from the bench," in a deadpan voice that brought laughter to the courtroom.

The friendship of his colleagues "has held together despite the pull of the most passionate dissent," he said.

"You quoted the poet, and I will, too, in words that set out the ideal of the life engaged, " ... where love and need are one. ... ," Souter said.

"We have agreed or contend with each other over those things that matter to decent people in a civil society. For nineteen terms, I have lived that life with you, all of us sharing our own best years with one another, working side by side as fellow servants and friends."

His personal remarks brought wide smiles from the other justices, but no tears. The low-key, private Souter had wished for no elaborate ceremony or celebration, preferring the short, eloquent power of words to convey his appreciation.

Souter is expected to depart this week for his home in rural Weare, New Hampshire. He has no specific plans in retirement, but has indicated he may occasionally sit as a senior judge on federal appeals court cases, which the law allows for retired justices.

Filed under: David Souter • Supreme Court



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