NPR Coverage of the 2001-02 Term
of the US Supreme Court            

2001

• Preview of Term, by Nina Totenberg, Morning Edition (1 October 2001)  
• First day of the Court's 2001 Term, All Things Considered (1 October 2001)
• Cyberporn, The Court,  and the First Amendment (30 October)
• Affirmative Action and Adarand Constructors (31 October 2001)
• Right to Counsel and Conflicts of interest (5 November 2001)
• Americans With Disabilities Act - Repetitive Action Syndrome 
  - Morning Edition (7 November 2001)
  - All Things Considered (7 November 2001)
• Grading Papers and The Privacy of Student Records
  NPR Legal Affairs Correspondent Nina Totenberg reports on the Supreme Court hearing arguments today concerning the privacy of education records. The court will decide whether allowing students to grade each other's homework and tests as their teacher goes over the correct answers aloud in class violates federal prohibition against the release of "education records." (4:46)
  Student Grading  NPR's Nina Totenberg reports on Tuesday's oral arguments before the Supreme Court on whether teachers should be allowed to have students grade each other's papers. An Oklahoma family says the practice has been embarrassing and detrimental to their son. The lawyer for the Owassa school district says children can't be protected from all such difficult situations, and teachers need help grading papers. (5:00)  "All Things Considered," 27 November.
• Pornography and the Internet
  NPR Legal Affairs Correspondent Nina Totenberg reports that today the Supreme Court is hearing a challenge to a law (The Child On-Line Protection Act) that could limit adult access to sexually explicit material on the Internet. (7:05)  "Morning Edition," 28 November.
  Supreme Court Examines Online Porn Law  NPR's Nina Totenberg reports on today's oral arguments before the Supreme Court on how far the government can go to protect children from online pornography. (5:00) "All Things Considered," 28 November.
• ADA and Senority Systems
  NPR Legal Affairs Correspondent Nina Totenberg reports on a case before the Supreme Court today concerning the Americans With Disabilities Act. The court will hear arguments on whether federal law requires an employer to upend its corporate seniority program to protect the positions of disabled employees. (4:16) "Morning Edition," 4 December.
  Supreme Court - Disabled Workers
  NPR's Nina Totenberg reports attorneys appeared before the Supreme Court today to present their cases about whether an employer must disregard seniority policies to accommodate disabled workers. The case involves a former employee of US Airways who injured his back doing heavy lifting on the job. He was transferred for a time to the mailroom, but was fired when an employee with more seniority wanted his job. The company says disregarding the seniority policy would be unfair to other workers. The former employee says the Americans with Disabilities Act requires the firm to give him a job he is physically capable of doing. (4:00) "All Things Considered," 4 December.

2002

• Supreme Court - The Year Ahead
  Host Bob Edwards speaks with NPR's Nina Totenberg about the year ahead for the Supreme Court. Issues include affirmative action at universities, the potential of empty seats on the high court, and the rightness of trying terrorist suspects in military tribunals. (4:34)   "Morning Edition," 2 January.
• Land Laws
  NPR Legal Affairs Correspondent Nina Totenberg reports that the U.S. Supreme Court is scheduled to hear oral arguments today in a case over land use regulations that were designed to protect Lake Tahoe. (7:17)  "Morning Edition," 7 January.
  Tahoe Arguments
  NPR's Nina Totenberg has the story of the arguments heard by the Supreme Court yesterday in a property rights case brought by landowners near Lake Tahoe. Justices questioned the landowners' idea that most any regulation of their land was an automatic taking. (4:28)  "Morning Edition," 8 January.
• ADA Ruling
  NPR's Nina Totenberg reports on today's Supreme Court decision limiting the reach of the Americans With Disabilities Act. The justices ruled unanimously that the ADA was not intended to apply to a worker who becomes unable to do his or her current job, but is otherwise able to perform "major life activities." The case involved a woman once employed by Toyota who could no longer do assembly line work because she developed carpal tunnel syndrome. (4:30)  "All Things Considered," 9 January.
• Supreme Court Decisions 
  NPR's Nina Totenberg reports on two of today's Supreme Court rulings. In one case, the court ruled unanimously that a marijuana-legalization group did not have the right to challenge the rules of a Chicago agency that denied them a permit to demonstrate. In the other case, the justices ruled 6-3 that the Equal Employment Opportunity Commission has the right to bring discrimination suits against employers -- even when employees had signed away their right to sue, in favor of arbitration. (3:30) "All Things Considered," 15 January.
• Supreme Court Ruling on Sex Offenders
  NPR's Nina Totenberg reports on today's decision by the Supreme Court on when a sex offender who has finished his prison term can be committed to a mental hospital. The justices ruled 7-2 that states must offer proof of that the individual has serious difficulty in controlling behavior. The dissenting justices, Scalia and Thomas, said the ruling didn't give courts enough guidance on how the lack of self control should be determined. (4:00) "All Things Considered," 22 January.

• 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)

• Arguments before the Court: School Vouchers and Executing the Retarded

  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

• "Hitching Posts" and the Eighth Amendment.
  NPR Legal Affairs Correspondent Nina Totenberg reports on the case before the Supreme Court today: whether a technique used to punish prisoners in many Alabama prisons - handcuffing prisoners to a hitching post for hours at a time, in the hot sun - is cruel and unusual punishment. (7:13)  Morning Edition, 17 April 2002
  Supreme Court - Prison Guards  NPR's Nina Totenberg reports on arguments heard by the Supreme Court today in a case that tests whether prison guards are personally liable if they're convicted of violating a prisoner's constitutional rights. The prisoner bringing the suit says he was punished by being cuffed to a hitching post, and denied adequate water and bathroom breaks. (4:30)   All Things Considered, 17 April 2002
• Supreme Court: Death Penalty
  NPR's Nina Totenberg reports on an oral argument before the Supreme Court that could affect hundreds of criminal defendants in nine states. The court is considering whether an Arizona judge was correct to sentence a prisoner to death, based on testimony the jury didn't hear. The justices will decide whether the jury had to be the ones to weigh that testimony and make the death penalty decision. (3:30)  All Things Considered, 22 April 2002
• Gonzaga Vs. Doe
  NPR's Nina Totenberg reports on a case being argued before the Supreme Court today, testing whether colleges may be sued for releasing a student's private record without consent. The case concerns a former student at Gonzaga University who couldn't get his teaching certificate because the school refused to vouch for his character to a state board. (4:47) Morning Edition, 24 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.

(return to class homepage)