American Civil Liberties Union

ACLU Freedom Files

Freedom Files - Season 2
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
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

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


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