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The Supreme Court ended its 2007 Term by rejecting a centerpiece of the Bush administration’s crumbling Guantánamo policy for the third time in four years while recognizing, for the first time in American history, an individual right to bear arms under the Second Amendment.

Statistically, the Court decided even fewer cases than last Term, when it set a modern low. There were also significantly fewer 5-4 decisions. And, unlike last Term, Justice Kennedy was not on the winning side in every 5-4 case.

In the 2007 Term, the ACLU has brought or been involved in various cases including key arguments in criminal justice and the death penalty, due process, and voting rights.

A summary of all of the Court's major civil liberties-related cases from this Term is online in at: www.aclu.org/scotus/2007term/35796res20080626.html



SUPREME COURT CASES

ATTORNEYS' FEES
Sole v. Wyner (4/2/2007)
Whether plaintiffs are entitled to attorneys' fees for obtaining a preliminary injunction that allowed them to go forward with a planned demonstration based, in significant part, on the discriminatory application of permit regulations that were later upheld as facially valid. DECIDED


CRIMINAL JUSTICE
Virginia v. Moore (12/10/2007)
Whether the Fourth Amendment bars the government from relying on evidence seized following an arrest that state law prohibits. DECIDED

Herring v. United States (5/20/2008)
Whether the exclusionary rule requires the suppression of evidence seized in violation of the Fourth Amendment when the Fourth Amendment violation was based on misinformation sent by law enforcement officials in another county.

Kimbrough v. United States (7/26/2007)
Whether a federal trial judge may take into account the fact that the current Sentencing Guidelines for crack cocaine have proven unsound and been rejected by the Sentencing Commission itself when sentencing a crack offender. DECIDED

Danforth v. Minnesota (7/17/2007)
Whether a state can permit an inmate to raise constitutional claims in state post-conviction proceedings that would be barred in federal habeas proceedings. DECIDED

Pearson v. Callahan (8/12/2008)
Whether, absent an emergency, the Fourth Amendment permits the police to enter a home without a warrant based on an informant's signal that criminal activity is taking place inside.


DEATH PENALTY
Kennedy v. Louisiana (2/21/2008)
Whether a state may constitutionally impose the death penalty for the rape of a child. DECIDED

Uttecht v. Brown (3/28/2007)
Reviewing whether the state courts improperly excluded a prospective juror in a death penalty case after he indicated that future dangerousness was a relevant consideration but that he would, in any event, follow the law as instructed by the judge. DECIDED

Baze v. Rees (11/7/2007)
Whether Kentucky's lethal injection protocol violates the constitutional ban on cruel and unusual punishment by using a combination of drugs that creates an unnecessary and avoidable risk of excruciating pain. DECIDED


DISCRIMINATION
Crawford v. Nashville (4/16/2008)
Whether employees who cooperate with an internal investigation of alleged sexual harassment are protected against retaliation under Title VII of the 1964 Civil Rights Act.

CBOCS West Inc. v. Humphries (1/4/2008)
Whether a federal law enacted shortly after the Civil War that grants all persons the same right to make and enforce contracts regardless of race protects those who complain about discrimination from retaliation. DECIDED

Engquist v. Oregon Department of Agriculture (2/27/2008)
Whether public employees who are subject to arbitrary discrimination can raise an equal protection claim without also being required to show that the discrimination was based on membership in a protected class. DECIDED