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CRIMINAL JUSTICE Davis v. Washington and Hammon v. Indiana These cases raise the question of how to determine whether evidence is "testimonial" for purposes of the Confrontation Clause, and thus inadmissible at trial unless the defendant has an opportunity to cross-examine the witness whose "testimony" is being offered by the prosecution. The ACLU brief urges the Court to adopt an objective standard under which a statement would be treated as "testimonial" if a reasonable person under the circumstances would understand that the statement could be used for criminal investigation or prosecution. DECIDED DEATH PENALTY Lawrence v. Florida Reviewing whether, and under what circumstances, the one year deadline for filing a federal habeas petition can be subject to "equitable tolling." DECIDED DISABILITY RIGHTS Goodman v. Georgia Reviewing whether state prisons that discriminate against prisoners with disabilities can be sued under the Americans with Disabilities Act. DECIDED FREE SPEECH Wisconsin Right to Life v. FEC Whether the ACLU can be barred from broadcasting advertisements prior to an election that name a federal candidate, even though the ACLU has never taken a position on an election in its 85-year history. DECIDED Randall v. Sorrell Challenge to Vermont's campaign finance law and to the constitutionality of expenditure limits under the First Amendment. DECIDED FREE SPEECH/LESBIAN AND GAY RIGHTS Rumsfeld v. FAIR Reviewing the constitutionality of the Solomon Amendment, which cuts off federal funding to any university that bars military recruiters for failure to comply with the university's nondiscrimination policies. DECIDED GOVERNMENT SECRECY Garcetti v. Ceballos Reviewing whether a government whistleblower forfeits all First Amendment protection by speaking out in the course of his or her job. DECIDED IMMIGRANTS' RIGHTS Lopez v. Gonzales and Toledo-Flores v. United States Whether a state conviction for drug possession that would be a misdemeanor under federal law can nonetheless be treated as an "aggravated felony" for immigration purposes, which leads to serious adverse consequences, including ineligibilitiy for political asylum and cancellation of removal. DECIDED Fernandez-Vargas v. Gonzales Reviewing whether a provision of the 1996 Immigration Act applies retroactively to limit the discretionary relief available to individuals who re-entered the country illegally after their deportation but before the Act's passage. DECIDED MILITARY COMMISSIONS Hamdan v. Rumsfeld Challenge to the validity of the military commissions established by President Bush to try detainees as part of the war against terrorism. DECIDED PRISONERS' RIGHTS Woodford v. Ngo Reviewing whether federal law bars a prisoner who files a late administrative claim from ever challenging the conditions of his confinement in federal court. DECIDED Beard v. Banks Reviewing whether maximum security prisoners in long-term segregation can be denied access to all non-religious newspapers and magazines. DECIDED RELIGIOUS FREEDOM Gonzales v. UDV Reviewing a church's claim under the Religious Freedom Restoration Act that it cannot be barred fom importing a hallucinogenic tea used in its sacramental ceremonies. DECIDED REPRODUCTIVE FREEDOM Ayotte v. Planned Parenthood Reviewing the legal standard by which courts consider abortion restrictions and whether laws regulating abortion must protect women's health. DECIDED RIGHT TO DIE Gonzales v. Oregon Reviewing whether the federal government improperly undermined Oregon's Death With Dignity Act by threatening doctors with revocation of their license to prescribe narcotic drugs if they assisted in implementing the Act. DECIDED SEARCH AND SEIZURE Samson v. California This case reviews whether the Fourth Amendment permits a police officer to search a parolee on the public streets without any basis for suspicion. DECIDED Hudson v. Michigan Reviewing whether the exclusionary rule applies to evidence seized following a violation of the "knock-and-announce" rule. DECIDED WOMENS' RIGHTS Burlington Northern & Santa Fe Railway Co. v. White Reviewing the standard for retaliation in employment discrimination cases under Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on race, color, religion, sex and national origin. DECIDED |
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