Supreme Court

At a breakfast with reporters this morning, California Senate candidate Carly Fiorina responded to a question about whether she would filibuster Obama nominees by saying that “elections have consequences,” but that she’d look at the nominees’ qualifications.
“I did not closely follow the Sonia Sotomayor nomination,” said Fiorina. “I was battling breast cancer. But I probably [...]

The U.S. government has agreed to pay a total of $1.26 million dollars to five men who claim they were illegally detained and mistreated after the Sept. 11, 2001 terrorist attacks, as part of a settlement agreement reached between the Justice Department and the Center for Constitutional Rights.

Depending on who you ask, the sentencing yesterday of Ali Saleh Kahlah Al-Marri to eight years in prison is either evidence that the civilian federal judicial system can successfully handle terror cases, or evidence that it’s a dismal failure.
Yesterday, Jonathan Hafetz, the American Civil Liberties Union lawyer who represented Al-Marri in his challenge to military [...]

Lyle Denniston at SCOTUSblog points out that the Supreme Court’s decision to hear the case of 17 Chinese Muslim Uighur detainees who a judge ordered released into the United States will likely also force the Justices to consider the constitutionality of two bills President Obama signed yesterday.
The issue in Kiyemba v. Obama is whether the [...]

Susan Jacoby in The Washington Post points out a largely overlooked exchange with Justice Antonin Scalia in that cross case heard by Supreme Court earlier this month. The case revolved around whether the government can keep a war memorial consisting of a solitary cross on public parkland. But while American Civil Liberties Union lawyer Peter [...]

The Supreme Court just announced that it will hear the case of the Chinese Muslim Uighurs — detainees at Guantanamo Bay cleared for release but still in prison there — to decide whether a court can order the government to release detainees into the United States.

This will hardly come as a surprise to anyone who watched the confirmation hearings of Supreme Court Justice Sonia Sotomayor, in which her answers were careful to reveal as little as possible about her views on anything, but it’s still rare for a new justice to admit that her hearings were tightly scripted, with administration [...]

House and Senate members today approved language for a homeland security appropriations bill that would give the Pentagon the right to continue withholding photos of the abuse of detainees in its custody, the ACLU reported on Wednesday.
The ACLU has been trying to get its hands on those photos, as well as other records, since 2003 [...]

The law banning depictions of animal cruelty at issue in a Supreme Court argument this morning may not survive, reports Lyle Denniston at SCOTUSblog.
The federal law makes it illegal to make and sell commercially “any visual or auditory depiction” of the killing or serious abuse of a living animal so long as that conduct is [...]

A finding that the Second Amendment protects individuals’ right to own a gun could also provide more solid ground for recognition of the right to abortion, to sexual privacy, to gay marriage, and to a wide variety of other rights that conservative justices on the court and “originalist” Constitutional scholars have long opposed.