Overview of the 2009 Supreme Court Term
Steven R. Shapiro, ACLU Legal Director
Court Poised To Issue Important Rulings On Free Speech, Government Accountability And Criminal Justice
Supreme Court Cases
Free Speech
2/22/2010 -
Whether the federal law criminalizing material support for terrorism is unconstitutionally vague because it is unclear whether it extends even to speech opposing terrorism so long as it is directed at designated terrorist organizations and, if so, whether the law violates the First Amendment as applied to such advocacy.
Criminal Justice
1/27/2010 -
Whether the police can continue to interrogate a suspect who has been read his Miranda rights but never waived them for several hours when the suspect refuses to respond to any initial questioning and thus effectively asserts his right to remain silent.
Criminal Justice
1/21/2010 -
Whether the Bureau of Prisoners is improperly denying federal prisoners good time credits, and thus prolonging the prison sentences, by misinterpreting the relevant congressional statute.
Criminal Justice
12/29/2009 -
Whether, and under what circumstances, the one-year statute of limitations for filing a federal habeas corpus petition is subject to equitable tolling.
Discrimination
12/11/2009 -
Whether the 300 day deadline for filing a disparate impact complaint with the EEOC runs from the date the challenged practice is adopted by the employer or from the date that it is applied against the complaining employee.
Due Process
12/11/2009 -
Whether federal habeas courts have the authority to order the release of Guantanamo detainees who are being illegally detained, including an order releasing them into the United States if no other alternative is available. VACATED AND REMANDED
Religious Freedom
10/7/2009 -
Whether a congressional statute transferring a small parcel of land in the Mojave Desert National Preserve to private owners satisfies the government's obligation to cure the Establishment Clause violation created by a Latin cross on public land, when the government also designates the cross as a national memorial and retains a reversionary interest in the land.
Criminal Justice
9/21/2009 -
Whether a prosecutor is entitled to absolute immunity from damages for fabricating evidence during a criminal investigation when the same prosecutor later uses that evidence at trial to convict. VOLUNTARILY DISMISSED
Attorneys' Fees
8/31/2009 -
Whether a district court may award enhanced attorney’s fees to a prevailing plaintiff in a civil rights action based on extraordinary performance and exceptional results.
Due Process
8/7/2009 -
Whether a state must provide some sort of preliminary hearing when it allows cars and other property to be seized and held for six months or more pending final forfeiture proceedings. VACATED AS MOOT
Criminal Justice
8/6/2009 -
Whether the federal courts properly reviewed the state court findings in this habeas corpus proceeding to determine the constitutionality of the petitioner's death sentence.
Free Speech
7/29/2009 -
Whether a provision of the Bipartisan Campaign Reform Act of 2002, which bars unions and corporations (both for-profit and non-profit) from engaging in "electioneering communications," violates the First Amendment and should be struck down as facially unconstitutional.
Free Speech
7/27/2009 -
Whether the First Amendment permits the government to criminalize the interstate sale or possession of any depiction of animal cruelty that is illegal where the depiction is created, sold or possessed, unless the depiction has serious value.
Immigrants' Rights
7/20/2009 -
Whether a decision by the Board of Immigration Appeals denying a motion for reconsideration in an asylum case is subject to judicial review.
