NPR Coverage of the 2003-04 Term
of the US Supreme Court
updated 13 July

• The Supremes and the Battle over International Law and Legal Justification
  The recently-ended U.S. Supreme Court term saw a continuation of a trend toward citing international law in the court's decisions.  Morning Edition, 13 July.
   

• Alien Tort Claims Act
  Rejecting pleas from the Bush administration and the business community, the U.S. Supreme Court rules that victims of torture, genocide and other human rights crimes can sue their tormentors for damages in U.S. courts under the 1789 Alien Tort Claims Act.  Morning Edition, 30 June.
   

• Court Holds  Child Online Protection Act Constitutionally Dubious
  The Supreme Court rules against a law intended to keep pornography away from children using the Internet. The court ruled 5-4 that the 1998 Child Online Protection Act likely violates the First Amendment, citing less restrictive alternatives such as filtering software. The case now returns to an appeals court for further review.  All Things Considered, 29 June.
   

• Summary Review of Detainees and Combatant Decisions
  The U.S. Supreme Court rules that both American citizens and foreigners seized as terrorism suspects can challenge their detention in U.S. courts. The ruling is seen as a curb on the broad wartime powers claimed by the Bush administration. Legal experts expect the administration to create a system of military hearings where detainees can challenge their confinement.  Morning Edition, 29 June.
   

• Fine Tuning Miranda
  The Supreme Court warns police departments to stop using an interrogation process designed to skirt Miranda advisories. The justices were ruling on two cases involving Miranda warnings meant to advise citizens of their rights.  All Things Considered, 28 June.
   

• More on Enemy Combatants and Detainees
  The Supreme Court rules that persons seized as potential terrorists must be allowed to challenge their imprisonment in American courts. The court also said the president can order suspects detained without charges or trials, regardless of whether they are U.S. citizens or where they are held.  All Things Considered, 28 June.
   

• Detainees and Enemy Combatants
  The Supreme Court rules that the U.S. government has the power to hold foreign citizens and Americans indefinitely without trial, but says detainees have the right to challenge their detention in U.S. courts. The ruling appears to curb the broad right claimed by the Bush administration to detain terrorism suspects indefinitely without court oversight.  Morning Edition, 28 June.
   

• Judges, Juries, and Sentencing
  In a 5-4 vote with vast repercussions for the U.S. criminal justice system, the Supreme Court invalidates the criminal sentencing system of Washington state. The court's ruling emphasizes the role of juries in determining sentences, and stirs speculation that the sentencing guidelines used by many states and the federal government won't be able to withstand a constitutional challenge.  Morning Edition, 25 June.
   

• Cheney and Sentencing Cases
  The Supreme Court issues several rulings, among them a decision to relieve, at least for now, Vice President Cheney of releasing confidential records from his energy policy task force. Another decision means that a landmark ruling that requires juries, not judges, to decide capital cases does not apply to death-row convicts who have used up their appeals.  All Things Considered, 24 June.
   

• HMOs and State Damage Awards
  The Supreme Court overturns a Texas law on patients' rights, siding with health maintenance organizations that had faced a broad range of lawsuits. The 2000 law permitted patients to sue insurers for malpractice if they were denied coverage later deemed essential. The court's unanimous ruling cited protections of the federal Employee Retirement Income Security Act.   All Things Considered, 21 June.
   

• Police and Demands for Personal Identification
  The Supreme Court rules that people do not have a constitutional right to refuse to tell police their names. The justices rejected, by a 5-4 vote, the argument that forcing people to give their names violates protections against unreasonable searches and self-incrimination. In the majority opinion, Justice Anthony Kennedy said giving one's name is "insignificant in the scheme of things."  All Things Considered, 21 June.
   

• The Pragmatic Nature of the Standing Doctrine in Newdow
  The Supreme Court dismisses on a technicality a lawsuit seeking to drop the phrase "under God" from the Pledge of Allegiance, sidestepping the issue of whether the phrase violates the separation of church and state. The ruling relieved both conservatives and civil liberties groups. Both sides of the debate feared that a win would have triggered a divisive fight to amend the Constitution. NPR's Nina Totenberg reports. Morning Edition, 15 June.
   

• Newdow Loses "Under God" Under Standing
  The Supreme Court dismisses on a technicality a lawsuit seeking to drop the phrase "under God" from the Pledge of Allegiance. The ruling sidesteps the question of whether the phrase, when used in the public school recitation of the pledge, is an unconstitutional violation of the separation of church and state. All Things Considered, 14 June.
   

• Austrian Looting Case
  The U.S. Supreme Court rules that an American woman can file suit in U.S. courts against the Austrian government to seek the return of six Gustav Klimt paintings seized by Nazis during the World War II era. The 6-to-3 ruling could have profound implications for suits involving seized property and human rights violations committed by foreign governments.  Morning Edition, 8 June.
   

• NAFTA and Mexican Trucks
  The Supreme Court rules unanimously that the Bush administration does not need to complete an environmental study before it opens U.S. borders to Mexican trucks, an element of the NAFTA trade agreement. The ruling removed the last legal hurdle to the plan, which has been fought by labor officials and environmentalists.  All Things Considered, 7 June.
   

• ADA and Access to Judicial Services
  The Supreme Court rules that states may be sued if their court buildings do not provide adequate access for the disabled. The case was brought by a paraplegic man who crawled up the steps of a courthouse lacking an elevator for his wheelchair. The 5-4 decision was a departure from past rulings that limited the scope of the Americans with Disabilities Act.  All Things Considered, 17 May.
   

• More on Orals in Detainees Cases
  Justices hear arguments in two cases that question whether the president has the constitutional authority to order the indefinite imprisonment of American citizens without charge or access to judicial process. The cases involve Jose Padilla and Yaser Esam Hamdi, who are being held as "enemy combatants." Morning Edition, 29 April.
   

• Orals in Detainees Cases
  Lawyers for Yaser Hamdi and Jose Padilla maintain the United States does not have the right to imprison American citizens indefinitely without holding a legal proceeding. Government lawyers argue that the Pentagon has determined the two men are being treated legitimately, saying the courts should not place impractical burdens on the military during a war.  All Things Considered, 28 April.
   

• Detainees Argument
  The Supreme Court hears arguments in two cases on whether the president can decide whether an American citizen is an enemy combatant who can be imprisoned indefinitely without charge. The justices are reviewing the cases of U.S. citizens Yaser Hamdi and Jose Padilla. Hamdi was captured in Afghanistan and Padilla was detained in Chicago. NPR's Nina Totenberg reports. Morning Edition, 28 April.
   

• The Vice President and the Court
  The Supreme Court hears arguments on whether Vice President Dick Cheney must reveal details of his energy task force, in response to lawsuits from two groups. Solicitor General Theodore Olson, defending the government, argues that the constitution allows the executive branch to gather private advice. The groups suing say industry input into U.S. policy should be public. NPR's Nina Totenberg reports.  All Things Considered, 27 April.
   

• Lithwick on the Cheney Oral Argument
  NPR's Alex Chadwick talks with Slate legal analyst Dahlia Lithwick about arguments before the U.S. Supreme Court Tuesday over Vice President Dick Cheney's secretive energy task force and the right of the executive branch of the federal government to keep certain information private.  Day to Day, 27 April.
   

• Mexican Truck case
  The U.S. Supreme Court hears arguments on whether the Bush administration was legally justified in allowing Mexican trucks into the United States without a complete environmental study. In implementing the North American Free Trade Agreement, the administration lifted a 20-year-old ban on the trucks.  Morning Edition, 21 April.
   

• More on Guantanamo Bay
  The Supreme Court hears arguments in the case of prisoners held at Guantanamo Bay, Cuba. The detainees have requested a ruling on whether U.S. courts can review challenges to their incarceration. The Bush administration argues foreign prisoners picked up on the battlefield and held outside U.S. borders do not have the right to access the courts. NPR's Nina Totenberg reports.  Morning Edition, 21 April.
   

• High Court Hears Case of Detainees in Cuba
  Oral arguments are made before the Supreme Court in the case of the prisoners held at Guantanamo Bay, Cuba. Some of the more than 600 detainees are asking for a ruling on U.S. courts' abilities to review the detainees' challenges to their incarceration. The Bush administration says foreign prisoners picked up on the battlefield and held outside U.S. borders have no right to access to the courts.  All Things Considered, 20 April 2004.
   

• Enemy Combatants Go to Court.
  The U.S. Supreme Court hears arguments about the constitutionality of detaining so-called "enemy combatants" at the U.S. Naval Base in Guantanamo Bay, Cuba. It's the first of three cases before the high Court centering on national security.  Morning Edition, 20 April 2004.
   

• Judge-Imposed Death Penalties
  The Supreme Court rules that only juries, not judges, may decide if a crime involves aggravating factors that make the perpetrator eligible for the death penalty. The justices will now consider whether their ruling should be retroactive to past cases. If so, more than 100 death-row inmates will get new sentences.  All Things Considered, 19 April 2004.
   

• The Court Considers "Under God"
  Arguments are presented to the Supreme Court on whether the Pledge of Allegiance, as recited in classrooms, should contain the words "under God." An appeals court has ruled that including the words constitutes an unconstitutional establishment of religion by the government.  All Things Considered, 24 March 2004.
   

• Newdow and "Under God" go to the Supremes
  The U.S. Supreme Court hears arguments on whether to preserve the words "under God" in the Pledge of Allegiance recited daily by American schoolchildren. Congress added the words to the pledge in 1954, at the height of anti-communist fervor. Now, a California father and avowed atheist is suing, saying the pledge amounts to an endorsement of religion. Morning Edition, 24 March 2004.
   

• Court: States Can Deny Aid for Religious Study
  The U.S. Supreme Court rules that states may withhold taxpayer-funded scholarships from students studying theology. The 7-2 ruling marks a departure from recent fights on the separation of church and state, in which the Supreme Court has allowed for greater state sponsorship of religious activities.   All Things Considered, 25 February.
   

• Supreme Court Hears Case on Looted Nazi Art
  The U.S. Supreme Court hears arguments in a case testing whether U.S. citizens may sue in American courts to reclaim property seized from their families by the Nazis during World War II. The case involves some of the most important Austrian artwork of the 20th century, including several paintings by Gustav Klimt.  Morning Edition, 25 February.
   

• High Court Disallows Texas Death Sentence
  The Supreme Court rules on two law-enforcement cases Tuesday. In the first, the high court throws out a Texas man's death sentence, ruling that prosecutors failed to provide adequate information to the man's defense. In another case, the justices found that a law enforcement officer involved in executing an invalid search warrant could be sued.  All Things Considered, 24 February.
   

• Supremes take on Execution of Juveniles
  U.S. Supreme Court justices plan to review the constitutionality of executing killers who were younger than 18 when they committed their crimes. There have been several recent attempts to get the court to revisit the issue, but it is unclear why the justices have now chosen to reconsider a position they upheld in 1989.  All Things Considered, 26 January.
   

• Oral Arguments in the Disability Rights case
  Advocates for the disabled argue before the Supreme Court that federal laws requiring access to public buildings ought to apply to courthouses. The case at hand involves a man who refused to crawl or be carried up steps to appear in a Tennessee courtroom. NPR's Nina Totenberg reports. All Things Considered, 13 January 2004.
   

• Supreme Court Case Tests Rights for Disabled
  The U.S. Supreme Court hears arguments in a case that tests protections for the disabled under the Americans with Disabilities Act. Plaintiffs in the case say the state of Tennessee failed to make public buildings accessible to the disabled. Defense lawyers say Congress overstepped its authority by allowing private lawsuits to enforce the law.  Morning Edition, 13 January 2004.
   

• High Court Sides with U.S. on Detainee Secrecy
  The U.S. Supreme Court refuses to hear a case brought by a think tank and news organizations seeking the names of hundreds of foreign nationals detained after the terror attacks of Sept. 11, 2001. The court gave no indication of its reasoning in refusing the appeal, but indicated the decision was made without dissent.  All Things Considered, 12 January 2004.
   

• The Rights of Citizens Deemed Enemy Combatants
  NPR's Michele Norris talks with NPR's Nina Totenberg about the upcoming U.S. Supreme Court review of the case against Esam Hamdi, a U.S.-born man captured in Afghanistan and classified as an enemy combatant. The government says such prisoners have no constitutional right to a lawyer, although officials recently said they will let Hamdi meet with the public defender who is filing the lawsuit on his behalf. Hamdi has not been charged with any crime, but is held as part of the war on terrorism. All Things Considered, 9 January '04
   

• The Vice President and Executive Privilege
  The Supreme Court announces plans to hear a case involving Vice President Dick Cheney. The case tests whether the Bush administration can keep secret the talks conducted by Cheney's energy policy task force with energy industry officials. Judicial Watch and the Sierra Club have won an order from a federal judge that the records must be turned over.  All Things Considered, 15 December.

• McCain Feingold recap
  Nina Totenberg explains the latest U.S. Supreme Court ruling on political fundraising. The court upheld the constitutionality of the McCain-Feingold Campaign Finance Reform Law, which limits political advertising and soft money contributions.  Morning Edition, 11 December.
   

• Supremes Uphold McCain-Feingold Campaign Finance Law
  The Supreme Court rules that the campaign finance reform law known as McCain-Feingold meets constitutional guidelines. In a sweeping decision, the closely-divided court accepts a ban on unlimited donations known as "soft money," as well as restrictions on some attack ads.  All Things Considered, 10 December.
   

• Flash: McCain Feingold Constitutional
  In a 5-4 vote, the U.S. Supreme Court upholds key provisions of the McCain-Feingold campaign finance law, designed to lessen the influence of money in politics. The court rules that the government may ban unlimited "soft money" donations to political parties and restrict political ads in the weeks before an election.  Morning Edition, 10 December.
   

• Partisan Gerrymandering Revisits the Court
  The U.S. Supreme Court hears arguments Wednesday on whether there are constitutional limits to gerrymandering, the practice of redrawing legislative districts for partisan advantage. Gerrymandering by computer allows a region's majority party to produce almost certain voting results.  Morning Edition, 10 December
   

• Court to Hear Texas Death Penalty Case
  The U.S. Supreme Court hears arguments today in a death penalty case from Texas. Justices will consider whether the conviction and sentencing of Delma Banks were tainted by errors. Banks was convicted of killing a 16-year-old boy, but there are many questions about how his defense was handled.  Morning Edition, 8 December.
   

• Decision: 20 Second Wait Sufficient for Forced Entry
  The Supreme Court issues a unanimous ruling Tuesday stating that 20 seconds is a reasonable amount of time for police to wait before knocking down the door of a suspected drug offender.  All Things Considered, 2 December.
   

• Oral Agruments in the Religious Scholarships case.
  The Supreme Court begins hearing oral arguments over the use of state-funded scholarships by students at divinity schools. Washington state is being sued by a scholarship winner whose funding was withdrawn when officials said he only used the money for secular education.  All Things Considered, 2 December.

• State Support of Religious Instruction -- State Funded Scholarships
  The U.S. Supreme Court on Tuesday hears arguments in a case testing whether divinity students have a constitutional right to the same taxpayer-funded scholarships as students enrolled in non-religious programs. The high court's decision could have repercussions far beyond state-funded college scholarship programs.  Morning Edition, 2 December.
   

• Guantanamo Bay Detainees (Part II).
  The U.S. Supreme Court agrees to consider whether foreigners detained indefinitely at the U.S. naval base at Guantanamo Bay, Cuba, may challenge their detentions in U.S. courts. The high court will hear a consolidated case involving appeals from British, Australian and Kuwaiti citizens sometime next year. Morning Edition, 11 November.
   

• Guantanamo Bay Detainees (Part I)
  The Supreme Court announces that for the first time, it will review a case involving the Bush administration's anti-terrorism tactics. The high court will hear a combined appeal of lower court rulings that foreigners detained at the U.S. naval base in Guantanamo Bay, Cuba, cannot challenge their imprisonment in U.S. courts.  All Things Considered, 10 November.
   

• Supremes decline invitation to hear the Ten Commandments case.
  The U.S. Supreme Court refuses to review lower court rulings that a monument featuring the Ten Commandments be removed from an Alabama courthouse. Alabama's suspended chief justice Roy Moore had arranged for a monument to the Ten Commandments to be placed in the state's supreme court building.  All Things Considered, 3 November.

• The Court Looks at the Deity in the Pledge.
  The Supreme Court agrees to hear a landmark case about two words in the pledge of allegiance: "under God." The high court will review a lower court's ruling that those two words in a state-sanctioned pledge violate the constitutional separation between church and state. Hear NPR's Nina Totenberg.  Morning Edition, 15 October 2003.
   

• Overview of 2003 Term of the Court.  It's the first day of the Supreme Court's annual term but the session will be short due to Yom Kippur -- the holiest day in Judaism. Campaign reform, the death penalty, and state funding of religion are among the topics facing the justices this term.  Morning Edition, 6 October 2003.
   

• Review of Oral Arguments in the McCain-Feingold Case.  The Supreme Court will meet behind closed doors later this week to vote on the McCain-Feingold campaign finance law. After four hours of debate Monday, justices remained closely divided on the law, which bans unregulated soft-money donations to political parties. Supporters say it eliminates corruption in campaigns; opponents argue it restricts free speech. Hear NPR's Nina Totenberg. Morning Edition, 9 September 2003.
   

• Justices Hear Arguments on Campaign Finance Law
  NPR's Melissa Block talks with NPR's Nina Totenberg about Monday's historic oral arguments on the McCain-Feingold campaign finance reform law. The justices came back from summer break a month early to hear four hours of arguments. Supporters say the law, which bans unregulated soft-money donations to political parties, helps reduce the power of money in the political process. Critics say it only shifts the power toward certain kinds of big donors.  All Things Considered, 8 September 2003.

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