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December 2, 2008 10:45:13 PM CST

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12 Stories

 Prop 8 Furor 
 Squeezes Calif. Court 

Groups would move to oust any high court members who overturn gay-marriage ban

Los Angeles Times Los Angeles Times Nov 19, 08 9:43 AM CST
(Newser) - California’s moderately conservative Supreme Court faces pressure from both fronts of the gay-marriage battle, the Los Angeles Times reports. Opponents of Proposition 8—including Gov. Arnold Schwarzenegger—are collecting arguments for why the amendment should be struck down, while supporters have promised to oust judges who rule the other way. Justices are supposed to ignore such threats, but that may prove difficult. More »

More about:  California • lawsuit • gay marriage • gay rights • Proposition 8 • recall • constitutionality • California Supreme Court • constitutional law

ANALYSIS

 Gun Ruling a Sea Change
 for 2nd Amendment  

Supreme Court's 5-4 decision "takes certain policy choices off the table"

Washington Post Washington Post Jun 26, 08 2:28 PM CDT
(Newser) - The Supreme Court’s decision today striking down Washington's handgun ban represented a change in interpreting the Second Amendment. The court’s 5-4 vote split down partisan lines, the Post reports, with Justices Scalia, Roberts, Kennedy, Thomas, and Alito in opposition to Stevens, Souter, Ginsburg, and Breyer. "The enshrinement of constitutional rights necessarily takes certain policy choices off the table," Scalia wrote. More »

More about:  US Supreme Court • Washington DC • gun control • Second Amendment • Antonin Scalia • constitutional law • Washington, D.C. • Washington, DC

opinion

'Landmark' Gitmo Ruling
Is a Blow Against Tyranny

Justices rebuke Bush and restore one of the nation's founding principles

Salon Salon Jun 12, 08 6:47 PM CDT
(Newser) - Today's Supreme Court decision giving Guantanamo Bay prisoners the right to challenge their detention "will be one of the most celebrated landmark rulings of this generation," Glenn Greenwald writes in Salon. By upholding habeas corpus—a rebuke to the Bush administration and complicit pols of all stripes—the court rescued one of the nation's most important principles. More »

More about:  US Supreme Court • Guantanamo Bay • War on Terror • Guantanamo prisoners • habeas corpus • detainees • constitutional law

Supremes Appear Set to KO DC's Handgun Ban

In key 2nd Amendment case, Kennedy notes 'general right to bear arms'

Los Angeles Times Los Angeles Times Mar 18, 08 2:21 PM CDT
(Newser) - The Supreme Court looks ready to declare Washington, DC’s handgun ban unconstitutional, the LA Times report. The justices heard oral arguments in the landmark Second Amendment case today, and swing voter Anthony Kennedy said, “In my view, there is a general right to bear arms.” At issue is whether the provision applies only to state militias or if it protects an individual right to own weapons. More »

More about:  US Supreme Court • Washington DC • John Roberts • Second Amendment • Constitution • John Paul Stevens • constitutional law • handgun • Anthony Kennedy • gun ban

 Court Hears Gun Case Today 

Nation's firearms laws in the balance as Supremes hear arguments

USA Today USA Today Mar 18, 08 9:08 AM CDT
(Newser) - One of the oldest and most hotly debated constitutional amendments—the right to bear arms—comes under scrutiny by the Supreme Court today. The court will hear arguments on the constitutionality of Washington DC's stringent ban on handguns. The ruling, which will arrive in June, is sure to have a major impact on the national debate over firearms, USA Today notes. More »

DC's Handgun Ban Heads
to Supreme Court

Justices get unprecedented crack at Second Amendment

Washington Post Washington Post Mar 16, 08 1:57 PM CDT
(Newser) - John Roberts' Supreme Court will get a rare crack at an undefined piece of the Bill of Rights this week when it examines whether Washington, DC's handgun ban violates the Second Amendment. Though Americans' right to bear arms has been debated for 200 years, reports the Washington Post, the court will clarify whether the Constitution guarantees an individual right to gun ownership or if it relates only to militia service.  More »

More about:  US Supreme Court • Washington DC • gun control • Second Amendment • Constitution • constitutional law • handgun • gun ban • Bill of Rights

Judge Upholds Ban on Internet Gambling

Online gambling association will appeal

Associated Press Associated Press Mar 7, 08 5:35 PM CST
(Newser) - A Congressional ban on Internet gambling doesn’t violate the Constitution, says a federal judge. An online gambling association that challenged the law failed to show sufficient cause to stop its enforcement, the judge ruled, but does have legal standing to appeal the case. The group plans to do so within two months, reports AP. More »

Cheney Bucks Bush, Wants DC Gun Ban Overturned

Signs Congressional brief saying the District's gun law is unconstitutional

Washington Post Washington Post Feb 9, 08 8:01 AM CST
(Newser) - Dick Cheney yesterday went against his own administration, signing a Congressional brief which urges the Supreme Court to uphold a ruling that found Washington DC's handgun ban to be unconstitutional. In so doing Cheney took a stronger Second Amendment stance than his boss, the Washington Post reports, adding that it's probably unprecedented for a Veep to go this far off the reservation. More »

More about:  George W. Bush • Dick Cheney • gun control • Second Amendment • Constitution • constitutional law • handgun • gun ban

Relatives Sue Ohio Coroners Over Remains

Fate of organs
removed during
autopsy at issue

Associated Press Associated Press Jan 23, 08 7:43 PM CST
(Newser) - The Ohio Supreme Court will hear arguments today in a lawsuit charging that coroners failed to return a man's brain to his body prior to burial and that his parents had a constitutional right to the remains. Coroners say hurried reintegration of organs for funerals could compromise autopsies; under state law, removed body parts are considered medical waste. More »

More about:  Ohio • funeral • constitutional law • autopsy

Supreme Court Will Hear Landmark Gun Case

Hearing will be first on the topic in 68 years

SCOTUSblog Nov 20, 07 1:17 PM CST
(Newser) - The Supreme Court agreed today to hear its first case on the meaning of the Second Amendment in 68 years. At question is the scope of the “right to bear arms”: A circuit court ruled last year that it applied to individuals' guns, but the city of Washington argued it guaranteed only a collective right for groups such as the National Guard, SCOTUSblog reports. More »

More about:  US Supreme Court • Washington DC • gun • Second Amendment • Constitution • ban • National Guard • constitutional law • handgun • gun ban

Fed Judge
Rules Against Patriot Act

Nixes two key provisions that allow secret search without probable cause

Associated Press Associated Press Sep 27, 07 6:07 AM CDT
(Newser) - Key provisions of the Patriot Act allowing secret searches have been ruled unconstitutional by a federal judge. In the case of Portland lawyer Brandon Mayfield, whose home and office were secretly raided after he was mistakenly linked to bombings in Madrid, a US District judge found that search warrants were issued without probable cause, violating the Fourth Amendment prohibiting unreasonable search and seizure. More »

More about:  Department of Justice • Patriot Act • constitutional law • Fourth Amendment

Judge: Parts of Patriot Act Unconstitutional

Revised legislation violates separation of powers, 1st Amendment

Associated Press Associated Press Sep 6, 07 4:03 PM CDT
(Newser) - The Patriot Act violates the Constitution by allowing unreasonable searches and seizures, violating separation of powers, and denying free speech, a federal judge ruled today in striking down parts of the revised legislation. Judge Victor Marrero said investigators must obtain court approval before ordering ISPs and phone companies to turn over confidential information without notifying customers, the AP reports. More »

More about:  Congress • FBI • privacy • ACLU • Patriot Act • constitutional law • civil liberties • US Constitution • search and seizure

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