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Ideological Exclusion

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The Supreme Court ended its 2004 Term by strongly reaffirming the principle that government should not be in the business of promoting religion.

The end of the Term may also have signaled the end of an era, with rumors swirling that Chief Justice Rehnquist may soon step down after leading the Court for 19 years. Whether or not those rumors are accurate, it was a Term in which the Chief Justice was on the losing side of many of the ideological battles he has fought so vigorously throughout his judicial tenure.

"The Court's civil liberties record this year was a surprisingly positive one," said Steven R. Shapiro, the ACLU's national legal director. "In contrast to past years, the Justices seemed less anxious to undermine meaningful civil rights enforcement, more skeptical about the death penalty, and more willing to look at international law for whatever guidance it can provide in resolving fundamental human rights issues." Read more >>

FEATURES
The 2004 Supreme Court Preview, by Steven R. Shapiro, ACLU Legal Director
Revisiting Felon Disfranchisement Laws, by Frank Askin, General Counsel
The Juvenile Death Penalty: How Far Have We Evolved? by Vivian Berger, ACLU General Counsel



SUPREME COURT CASES

CRIMINAL JUSTICE/RIGHTS OF THE POOR
Halbert v. Michigan (2/17/2005)
Raising the same issue as Kowalski, which was dismissed on standing grounds. DECIDED

Kowalski v. Tesmer (9/8/2004)
Reviewing whether indigent criminal defendants in Michigan are entitled to appointed counsel on their first appeal, even if they plead guilty. DECIDED


DEATH PENALTY
Roper v. Simmons (9/8/2004)
Challenging the constitutionality of the juvenile death penalty. DECIDED


FREE SPEECH
FCC v. Brand X Internet Services (3/4/2005)
Reviewing whether cable broadband services should be allowed to limit access to a single Internet Service Provider (ISP). DECIDED

MGM Studios v. Grokster (3/4/2005)
Reviewing whether the developers of software that allows for peer-to-peer file sharing can be held liable if that software is used by some consumers for copyright infringement when it is also capable of substantial non-infringing uses. DECIDED


GOVERNMENT SECRECY
Kanter v. Commissioner of Internal Revenue (9/8/2004)
Challenging Tax Court practice of basing decisions on secret reports of Special Trial Judges that are not disclosed to the parties. DECIDED


IMMIGRANTS' RIGHTS
Muehler v. Mena (11/29/2004)
Challenging the length, nature, and scope of the police detention of a lawful permanent resident during a police raid. DECIDED


PRISONERS' RIGHTS
Garrison S. Johnson v. California (9/8/2004)
Reviewing whether California's policy of racially segregating all new prisoners should be subject to strict judicial scrutiny. DECIDED


PRISONERS' RIGHTS/RACIAL EQUALITY
Garrison S. Johnson v. California (9/8/2004)
Reviewing whether California's policy of racially segregating all new prisoners should be subject to strict judicial scrutiny. DECIDED

Jay V. Johnson v. California (2/18/2005)
Reviewing the procedure by which a defendant can establish that the prosecution improperly used its peremptory jury challenges in a racially discriminatory fashion. DECIDED

Wilkinson v. Austin (3/30/2005)
Reviewing the procedures required by due process before an Ohio prisoner can be transferred to the state's “Supermax” facility. DECIDED


RELIGIOUS FREEDOM
McCreary County v. ACLU (2/15/2005)
Challenging the decision to post the Ten Commandments in two Kentucky county courthouses. DECIDED

Cutter v. Wilkinson (12/30/2004)
Reviewing the constitutionality of the Religious Land Use and Institutionalized Persons Act, a federal law designed in part to protect the free exercise rights of prisoners and other institutionalized persons. DECIDED


RIGHT TO FAIR PROCEDURES
Josue Leocal v. Ashcroft (5/19/2004)
Challenge to expansive interpretation of immigration law provision requiring the mandatory deportation of aliens convicted of "aggravated" felonies. DECIDED

Benitez v. Mata (3/2/2004)
Reviewing the government's claim that "Mariel" Cubans can be subject to indefinite detention if they have been found excludable from the United States and Cuba will not allow their return. DECIDED

Blakely v. Washington (1/6/2004)
Reviewing additional sentence by a trial judge after jury's decision and using a lower standard of proof. DECIDED


RIGHT TO PRIVACY
Hiibel v. Sixth Judicial District Court of the State of Nevada (1/6/2004)
Reviewing right of police to arrest people who refuse to identify themselves. DECIDED


SEARCH AND SEIZURE
Illinois v. Caballes (9/27/2004)
Reviewing whether police can expand a routine traffic stop into a drug investigation by using a drug-sniffing dog in the absence of individualized suspicion. DECIDED


SEPARATION OF CHURCH AND STATE
Elk Grove Unified School District v. Newdow (2/17/2004)
Reviewing whether schools can constitutionally include the phrase 'under God,' when reciting the Pledge of Allegiance. DECIDED


WOMENS' RIGHTS
Jackson v. City of Birmingham (9/8/2004)
Reviewing whether whistleblowers are protected against retaliation under Title IX, which generally prohibits sex discrimination in schools. DECIDED

Town of Castle Rock v. Gonzales (2/15/2005)
Reviewing whether a woman whose three children were killed after being abducted by her estranged husband can raise a procedural due process claim based on the Town of Castle Rock’s failure to enforce a protective order despite Colorado's mandatory arrest law. DECIDED

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