NPR Coverage of the 2001-02 Term
of the US Supreme Court
2001
2002
School
Choice -- Vouchers and the Supreme Court... Diane Rehm Show
Diane and her guests preview the upcoming Supreme Court debate about whether
a Cleveland, Ohio school voucher program violates the Constitution's
separation of church and state. Clint Bolick, Institute
for Justice Elliott Mincberg, legal director and vice
president of People for the American Way.
Joan Biskupic, US
News and World Report. February 12, 2002
Housing
and Urban Development
NPR's Legal Affairs Correspondent Nina Totenberg previews a public housing
law going before the U.S. Supreme Court today. The federal government claims
that entire families can be evicted if even one member is caught doing drugs
anywhere. Critics say the law has been taken to the extreme in too many
cases, leaving innocent tenants homeless. Morning Edition, 19
February 2002(7:12)
Housing
Arguments at the Court
NPR's Nina Totenberg reports on today's oral arguments before the Supreme
Court. Attorneys for public housing tenants asked the justices to declare
unconstitutional the law that evicts a whole family if one member of the
household, or one guest, is caught with drugs. The tenants say the law
unconstitutionally punishes innocent people who had no control over, or
knowledge of, the actions of other family members. The government says the
rules are carrying out the law passed by Congress, and the tenants knew
about the rules because they are part of the lease the tenants signed.
(7:45) All Things Considered, 19 February.
Executing
the Retarded
NPR's Legal Affairs Correspondent Nina Totenberg reports on one of the
issues being argued before the Supreme Court today: whether states should be
forbidden to execute mentally retarded criminals. In recent years, states
have been enacting laws against such executions, and the justices are
thought to be considering a change in their 1989 position upholding
execution of the retarded. In today's case from Virginia, a man and his
accomplice kidnapped a third man, robbed and killed him. The defense says
the man's history shows he is retarded. The state maintains he knew what he
was doing and should be held accountable. Morning Edition, 20
February 2002 (7:24)
School
Vouchers and the Establishment Clause
NPR's Legal Affairs Correspondent Nina Totenberg reports on the school
voucher issue that will be argued before the Supreme Court today. The case
from Ohio tests whether the state may give vouchers to Cleveland parents who
want to send their children to private schools. Opponents say few private,
non-religious schools are participating, leaving 96 percent of the student
slots in participating religious schools. Voucher supporters say parents
deserve the right to direct their school taxes to the school of their
choice, and the program is a good way to spur improvement in public
schools. Morning Edition, 20 February 2002 (8:17)
NPR's Nina Totenberg reports two major cases were argued before the Supreme Court today. The first case tests whether governments may offer vouchers to parents unhappy with public schools. The vouchers help pay students' tuition at private schools. Most participating schools are religious, so opponents say the plan is an unconstitutional subsidy for religion. The second case involves a death row inmate whose lawyers say he is retarded. The question is whether killing him would be cruel and unusual punishment. All Things Considered, 20 February 2002(7:30).
Supreme
Court - Door to Door Proselytizing
NPR's Nina Totenberg reports on today's oral arguments before the Supreme
Court. In a case brought by the Jehovah's Witnesses, the church argued
against an ordinance in Stratton, Ohio, that requires anyone going door to
door to get a permit and be prepared to show identification. Officials of
the tiny village say the intention is to protect elderly residents from scam
artists. The church says it has a right to knock on people's doors
anonymously. The ordinance applies to anyone who goes door to door, and all
applicants are issued permits. All Things Considered, 26
February (5:00)
Americans
with Disabilities Act Case
NPR's Nina Totenberg reports on the arguments the Supreme Court will hear
today which deal with the Americans With Disabilities Act. The case tests
whether an employer must hire a qualified applicant who wants the job, even
though the job might injure or even kill the worker. Morning Edition
27 February 2002 (4:04).
Oral
arguments. NPR's Nina Totenberg reports on oral arguments
before the Supreme Court today that could further define the limits of the
Americans With Disabilities Act. The case involves a California man who
applied for a job at a Chevron oil refinery. He was rejected because he had
a liver condition and the company thought toxic chemicals at the plant might
worsen his medical problems. The man's lawyer argued before the justices
today that since the man is qualified, if he is willing to take the risk,
the disability act requires the company to hire him. Chevron, backed by the
Bush administration, argued that the ADA backs the company. (4:00)
Supreme
Court Hears Harbury
The U.S. Supreme Court will today hear the case of a woman who says the
government deceived her regarding the fate of her husband, who was taken
prisoner during the civil war in Guatemala in 1992. The case not only brings
back the controversies of another era; it also carries implications for the
current war against terrorism. NPR's Nina Totenberg reports. (8:44) Morning
Edition, 18 March 2002
Oral arguments in Harbury. NPR's Nina Totenberg reports on
today's oral arguments before the Supreme Court. Former federal officials
were asking the court to block a lawsuit against them by an American woman
whose husband was a Guatemalan rebel in the 1990's. She says, when her
husband was being tortured and killed by Guatemalan government forces, the
US government falsely told her it did not know his whereabouts. Jennifer
Harbury says if alerted earlier, she might have been able to use legal
avenues to save her husband. (4:45) All Things Considered, 18
March 2002
Student
Drug Testing
NPR Legal Affairs Correspondent Nina Totenberg reports that the U.S. Supreme
Court today considers whether schools have the right to require students to
take drug tests in order to participate in after-school activities, even if
the school has no reason to suspect the students of using drugs. (7:56)
Morning
Edition, 19 March 2002
Oral arguments
in Board of Education v. Earls
NPR's Nina Totenberg reports on today's arguments before the Supreme Court
for and against routine drug testing of students. An Oklahoma school
district, which tested students participating in extracurricular activities,
said it was trying to prevent illegal drug use. Lawyers representing a
student challenging the testing said there is no widespread drug abuse in
the school district, and no reason to suspect that the tests will find those
who do take drugs. (5:00) All Things Considered, 19
March 2002
Judge
Speech -- Limits on Campaign Speech of Judicial Candidates
NPR's Legal Affairs Correspondent Nina Totenberg reports on a free speech
case before the Supreme Court that centers on whether candidates for
judgeships may speak their minds on the issues during campaigns or whether
they should be required to keep silent on politics. (8:32) Morning
Edition, 26 March 2002
Oral
Arguments
Free speech for judges: the U.S. Supreme Court is indicating that big
changes may be in the works for the way judicial elections are conducted
nationwide. NPR's Nina Totenberg reviews yesterday's oral arguments. (3:42)
Morning
Edition, 27 March 2002
DECISION: Supreme
Court - Public Housing (HUD v. Rucker)
The Supreme Court today upheld a federal rule that allows for the eviction
of an entire household from public housing if just one member of the
household is caught with drugs. The court's ruling was 8-0, with Justice
Stephen Breyer not taking part in the ruling. NPR's Nina Totenberg reports.
(4:30) All Things Considered, 26 March 2002Utah
Census
NPR Legal Affairs correspondent Nina Totenberg reports the Supreme Court
considers a case today over whether the Census Bureau can make assumptions
about who's living in a house based on who's living next door. It's a
statistical method used when people don't respond to the census, and Utah
contends its use cheated the state out of an additional House seat. (7:31)
Morning
Edition, 27 March 2002
Decision:
The Death Penalty Case of Mickens v. Taylor
The Supreme Court ruled today against a convicted murderer who
said his lawyer hadn't represented him adequately. In a case from Virginia,
Walter Mickens, Jr. argued that because his lawyer had previously
represented the murder victim in another case, the lawyer could not have
given Mickens effective counsel. The justices ruled 5-4 that Mickens did
have adequate counsel and denied him a new trial. Mickens has been sentenced
to death. NPR's Nina Totenberg reports. (5:00) All Things Considered,
27 March 2002Immigrants
and U.S. Labor laws: Hoffman
Plastics v. Castro
NPR's Richard Gonzales reports on yesterday's Supreme Court ruling regarding
labor laws and illegal immigrants. The case involved an undocumented Mexican
worker, seeking back pay after being illegally fired from his job at a
California company. (3:45) Morning
Edition, 28 March 2002Supreme Court Rules On Child Porn
The US Supreme Court ruled today that a law banning virtual child
pornography is unconstitutional. The justices said the law violated the
First Amendment by banning pornographic images that only appear to be real
children engaged in sex. NPR's Nina Totenberg reports. (5:00) All Things Considered,
16 April 2002
Child Pornography.
NPR Legal Affairs
Correspondent Nina Totenberg reports that yesterday the U-S Supreme Court
struck down a federal law banning virtual child pornography. The high court
ruled that the First Amendment protects pornography and other images that
only appear to depict children engaged in sex. (3:29) Morning
Edition, 17 April 2002
Abortion
Protesters
NPR's Kathy Lohr reports on a case before the U.S. Supreme Court involving
prosecution of anti-abortion protesters. The high court will decide whether
a federal racketeering law may be used against the aggressive tactics of
demonstrators. (3:51) Morning
Edition, 24 April 2002
Supreme
Court: Right to a Lawyer
The Supreme Court ruled today that the guarantee of a lawyer extends even to
a defendant facing a minor charge, if that charge could end up in a jail
sentence. The justices ruled 5-4 in favor of an Alabama man who couldn't
afford a lawyer and represented himself on a charge involving a fight. He
got a suspended sentence and probation. But the court majority noted that if
the suspension were ever revoked, the defendant would go to jail for a crime
for which he'd had no lawyer. (4:00) All Things Considered, 20
May.
States
Rights and the Eleventh Amendment - Maritime Commission v. South
Carolina Ports Authority (2002)
NPR's Nina Totenberg reports that a ruling by the Supreme Court today
limited the power of federal regulators over state activities. The ruling
was the latest in a series of 5-4 rulings over the last few years that have
reduced the federal government's power to impose its will on the states. In
this case, the Federal Maritime Commission tried to intervene on behalf of a
casino ship which South Carolina had refused to dock. The justices ruled the
federal regulators could take the state to court on its own, but couldn't
act for the complainant. (5:00) All Things Considered, 28
May.
The
Supreme Court and Patents
NPR's Larry Abramson reports on a deciding-case in the world of U.S.
patent-law that's been 13 years in the making. (4:01) Morning
Edition, 29 May 2002.
Prison
Rehabilitation Programs and Self-Incrimination -- McKune v. Lile, No.
00-1187
NPR's Nina Totenberg reports on today's Supreme Court ruling on the rights
of sex offenders in state prisons. The divided court ruled that states can
limit the privileges of convicted sex offenders who refuse to admit to past
crimes in therapy. (4:15) All Things Considered, 10 June.
Door
to Door Solicitors and Bus Searches
NPR's Nina Totenberg reports on two decisions announced today by the Supreme
Court. In one case, the justices ruled against a village in Ohio that
required Jehovah's Witnesses and other door-to-door visitors to register by
name with local officials. The court said the ordinance violated the
Jehovah's Witnesses' first amendment rights. In the other case, the justices
ruled that police who want to search a public transportation vehicle and its
passengers do not have to tell the passengers they have a right not to be
searched without a warrant. (7:00) All Things Considered, 17 June.
Execution
of the Retarded is Declared Unconstitutional - Atkins v. Virginia
NPR's Nina Totenberg reports that the Supreme Court has reversed a previous
ruling and declared it unconstitutional to execute a mentally retarded
person. The court had ruled in 1989 that there was no national consensus
that executing the retarded was cruel and unusual punishment. Now the court
has ruled 6-3 that there is such a consensus. Eighteen states currently
prohibit executing the retarded, and the majority opinion notes a consistent
trend in that direction. (5:30) All Things Considered, 20 June.
Student Privacy
In 1993, officials at Gonzaga University in Washington state heard second
hand that an elementary education student named Ru Paster had sexually
assaulted another student. The school investigated the allegation, but never
substantiated the charge. That didn't stop the school from telling the state
licensing agency about that allegation, preventing Ru Paster from getting a
license to teach. Today, the U.S. Supreme Court ruled the university can't
be held liable for passing on that allegation. Liane Hansen talks with Seton
Hall Law School Professor Daniel J. Solove , who specializes in privacy law.
(4:00) All Things Considered, 20 June.
The Census and the Constitution
NPR's Larry Abramson reports that the Supreme Court upheld a 40-year-old
census technique today. Utah had objected to the use of "hot deck
imputation," which estimates the size of a household where census
takers can't reach the residents. They base the estimate on the size of
neighboring households. Utah said the constitution requires a headcount,
with no estimating. The justices ruled that "hot deck imputation"
is not unconstitutional. So the 2002 census, under which Utah lost a
congressional seat, stands. (4:00) All Things Considered, 20 June.
HMOs, federalism, and
preemption
The U.S. Supreme Court grants patients the right to request a second opinion
when their Health Maintenance Organization denies a request for surgery or
treatment. Yesterday, the court voted 5 to 4 to uphold an Illinois law that
some consumer rights advocates call a "safety net" for patients.
It allows them to bypass their health plan's decision to not pay for medical
procedures. NPR's Julie Rovner reports. (3:30) Morning Edition,
21 June.
Review of the decisions of the previous day
NPR Legal Affairs correspondent Nina Totenberg reports on several rulings by
the Supreme Court yesterday. Among those affected by the decisions: mentally
retarded inmates on death row, college students and patients under the care
of HMOs. (8:35) Morning Edition, 21 June.
More on the Death Penalty -- 7-2, juries, not judges, must
impose this punishment
NPR's Nina Totenberg reports on today's Supreme Court decision that curbs
judges' ability to impose the death penalty. The court ruled that judges can
not sentence a defendant to death unless a jury has found aggravating
factors that make the defendant eligible for death in that state. The
decision overturns laws in five states, which gave full responsibility for
the sentence to judges. In another case, the justices ruled today that a
judge does have the power to find that a defendant used a gun in committing
a crime, and to extend the sentence on that basis. (5:00) All
Things Considered, 24 June.
Further
discussion of Ring. NPR's Legal Affairs Correspondent Nina
Totenberg reports on Monday's Supreme Court decision to further restrict the
application of the death penalty in United States courts. The Court ruled
seven to two that a jury, not a judge, must decide whether a defendant will
be sentenced to death, or to life in prison. Colorado, Idaho, Montana,
Nebraska and Arizona have state laws that allow judges to rule on
"aggravating" factors, such as extreme brutality in a case. (4:39)
End of the Term Bash: drug testing,
vouchers, stakings, and judge talk
Vouchers.
NPR's Nina Totenberg reports on today's Supreme Court ruling that
governments may offer parents vouchers to help pay for private schooling for
their children. The justices voted 5-4 that the practice does not violate
the separation of church and state if parents have enough choice among
religious and secular schools. (6:45) All Things Considered, 27
June.
Staking
Prisoners. Lynn talks with Richard Cohen of the Southern
Poverty Law Center about today's Supreme Court decision declaring
unconstitutional an Alabama prison practice of using a "hitching
post." The court deemed unconstitutional the practice of punishing
prisoners by handcuffing them to a metal pole, saying it was "obvious
cruelty." (4:30) All Things Considered, 27 June.
Drug Tests.
The Supreme Court ruled today that schools may require students to submit to
drug tests if they want to participate in extracurricular activities. The
5-4 ruling extends the court's previous permission for schools to test
athletes. The case from Oklahoma was filed by a student who competed on the
academic team and sang in the choir. NPR's Larry Abramson reports. (3:30)
All Things Considered, 27 June.
Judge Speak.
NPR's Barbara Bradley reports on today's Supreme Court ruling that struck
down a ban on judicial candidates discussing public issues. Dozens of states
put limits on what judicial candidates can say in campaigning, to encourage
them to keep open minds on the cases they will eventually hear. Justice
Antonin Scalia wrote for the majority that the court has never allowed the
government to prohibit candidates from communicating to voters relevant
information. (5:00) All Things Considered, 27 June.
Last day
review. NPR's Legal Affairs Correspondent Nina Totenberg
reports on the Supreme Court decisions handed down Thursday. The court ruled
five to four that a Cleveland program that provided vouchers to low income
families to send their children to private schools is constitutional. The
court also ruled that students who participate in extracurricular activities
like chess or band can be required to undergo random drug tests. In
addition, the justices struck down state laws that prohibited candidates for
judicial positions from voicing their opinion on issues during campaigns.
(8:24) Morning Edition, 28 June.