Apparently the Supreme Court's decision is not good enough to the NY State Legislature when it comes to allowing religious groups to worship in city schools. Last June, the U.S. Second Circuit of Appeals ruled that NYC public schools can prohibit religious services, and the Supreme Court refused to hear the case, letting the Second Circuit's decision stand. But, still, the State Senate will consider a bill to allow religious services in schools. And the NYCLU wants to remind lawmakers why it's a terrible idea.
NYCLU Explains Why Churches Shouldn't Worship In Schools
Poll: 67% Of South Carolina Voters Believe "Only People Are People"
Last month, Stephen Colbert's Super PAC, Americans for A Better Tomorrow, Tomorrow, attempted to sponsor South Carolina's GOP primary with a $500,000 donation. "Of course, I can’t offer that kind of no-strings-attached-money without getting something in return," Colbert wrote in an op/ed for The State, and in exchange for the money, he asked that his name be placed on the ballot and the primary itself, and that voters also be asked about corporate personhood. Alas, the state's GOP declined to take the bait, but PPP polled voters anyway: 33% of likely voters think that "corporations are people," while 67% believe "only people are people." Look for Jim DeMint to be unseated by Senator Bojangles in 2016.
Supreme Court Confirms NYC Can Kick Religious Services Out Of Public Schools
Earlier this year, the U.S. Second Circuit Court of Appeals ruled that New York City public schools can prohibit religious worship services from its premises. The group representing the Bronx Household of Faith said it would appeal, and today the U.S. Supreme Court refused to hear the case, allowing the earlier ruling to stand. Jane Gordon of the NYC Law Department told the Daily News, "The Court of Appeals correctly upheld the Department of Education's policy not to allow the City's public schools to be used as houses of worship."
Troy Davis Executed After Supreme Court Rejected Appeals
The U.S. Supreme Court has rejected an appeal to block the execution of Troy Davis, the Georgia man who was scheduled to be executed tonight at 7 p.m. The NY Times' Kim Severson Tweeted, "Execution should occur in next half hour, people who know the process here tell me." She also shared a photograph, "This is the scene as family digests the news."
Justice Ginsburg Slides Down Emergency Chute After Flight To Frisco Evacuated
A San Francisco-bound United flight at Dulles Airport outside DC was evacuated around 12:41 p.m. today after experiencing engine problems. "The emergency chutes were deployed," an airport spokesperson told the Washington Post, and everyoneincluding passenger and Supreme Court Justice Ruth Bader Ginsburgslid down to safety. Will Ginsburg now have to recuse herself from Slip 'N Slide v. Jetliner Puffy Slides, Inc.?
NJ Court Changes Guidelines For Eyewitness IDs, Testimony
The New Jersey Supreme Court is making some changes that will make it easier for defendants to challenge eyewitness accounts. As more cases shed light on just how unreliable eyewitness testimony can be (two of the "West Memphis Three," who were were recently freed, were convicted based largely on eyewitness testimony), the court is saying that the now 34-year-old guidelines set by the U.S. Supreme Court need an update.
Pope Benedict Has An iPad: Can We Buy Indulgences In The App Store?
Do you want to see the infallible head of the world's largest Christian church and ex-Hitler Youth member use an iPad? Are you dying to know what the Pope is doing right this second? Good news! Pope Benedict XVI received an iPad to celebrate the 60th anniversary of his ordination, and he even Tweeted on the Vatican's news account! Watch the former Cardinal Ratzinger act like one of those confused-but-giddy adults in an Apple store below.
Supreme Court Rules Women's Class Action Suit Against Wal-Mart Cannot Proceed
In a unanimous opinion, the Supreme Court tossed out a massive sex-discrimination suit against Wal-Mart, stating that the 1.5 million women who would have been affected by the case may not proceed as a class. The Court ruled that the plaintiff's lawyers, who would have succeeded in trying the largest class action suit in the country's history, "improperly sued under a part of the class action rules that was not primarily concerned with monetary claims, the Times reports. In the related claim of whether or not the plaintiffs proved that "there are questions of law or fact common to the class," the court split along ideological lines 5-4, with Scalia's opinion [pdf] for the majority stating that the plaintiffs failed to prove "a common answer to the crucial question why was I disfavored." (Italics his.)
Today In Legally Dubious Behavior: Clarence Thomas's Rich Friend Is Building Him A Museum
According to one of his ex-girlfriends, Supreme Court justice Clarence Thomas has a "fantasy [package]," is "easily aroused," and had "a strong interest in pornography." All of this is 100 percent legal and 110 percent really gross! What else is Justice Thomas doing that is also 100 percent legal? Oh, puffing on cigars, flying on private jets, hanging out on 161-foot yachts...and getting enshrined in a museum dedicated to his childhood?
Cops Can Kick Your Door Down If They Smell Weed, Supreme Court Rules
Now you have another thing to get anxious about while smoking grass in the comfort of your own home (in addition to the surveillance microphones your landlord embedded in your walls). The Supreme Court has ruled that if cops are passing by your hotbox and they smell reefer, they're legally entitled to kick your door down without a warrant if they think you're destroying evidence and you don't open up. It's going to mean big business for the rolled towel and incense companies, but a tough break for anyone who struggles with paranoia after doing a J. Did you hear those sirens? I think there are cops in the building! I HEAR THEM KNOCKING RIGHT NOW—IN PERFECT TIME WITH BONHAM'S DRUM SOLO!
Bob Dylan Most-Cited Musician In Legal Realm
While it's no surprise that old white guys like Bob Dylan, old white guys in power liking Bob Dylan is kinda ironic because you know, Dylan HATES The Man. The LA Times notes that "no musician's lyrics are more often cited than Dylan's in court opinions and briefs." This was especially true in the landmark ruling Record Buyers v. "Self Portrait" (392 US 515) in which Justice Thurgood Marshallquoting the album in its entiretydeclared that listening to Dylan's 1970 bomb was "akin to shoving glass shards into one's ear canal with a coathanger."
Supreme Court OKs Westboro's Hate Fest At Military Funerals
The case made its way to the nation's highest court after a federal appeals court threw out a $5 million judgement for the family of a soldier. Arthur Snyder sued Westboro's leader, Rev. Fred Phelps, for $11 million after Westboro picketers using Snyder's son's 2006 funeral in Maryland to protest about gays in the military. In the ruling, Chief Justice Roberts also pointed out that the Westboro protesters were 1,000 feet from the church and followed police rules. But Justice Samuel Alito, the lone dissenter, wrote, "Our profound national commitment to free and open debate is not a license for the vicious verbal assault that occurred in this case." You can read the opinion here (PDF).
Will Supreme Court Take Up Manhattanville?
While NY's highest court upheld Columbia University's Manhattanville expansion, two property holdouts and State Senator Bill Perkins are hoping that the Supreme Court will hear the case. The Columbia Spectator reports that the holdouts' attorneys "are appealing the decision to the Supreme Court of the United States, arguing that the decision promotes an abuse of eminent domain law and violates fundamental constitutional rights." Perkins' brief also "[asserts] that the Court of Appeals ignored legal safeguards articulated in the landmark 2005 Supreme Court ruling in Kelo v. City of New London."
Supreme Court Won't Hear 9/11 Families' Appeal
The Supreme Court has declined to hear an appeal from the families of victims from the September 11, 2001 attacks. According to the AP, the families claim that NYC "must provide a proper burial for material taken from the World Trade Center site because it could contain the ashes of victims," but "Lower federal courts had dismissed the families' lawsuit against the city, saying it acted responsibly in moving 1.6 million tons of materials from the site in Lower Manhattan to a landfill on Staten Island and then sifting through the material for human remains."
Video: Staten Island, Land Of A Future Justice?
The Daily Show tackled one of the most pressing legal issues that Staten Island is facing (well, besides the horrible number of hate crimes): How the borough is the only one that hasn't produced a Supreme Court Justice. The show's Wyatt Cenac asked Assemblyman Matthew Titone why Staten Island was so great, only for Titone to pause (jokingly?) and then Titone talks about how it's diverse—"Staten Island often is thought of being exclusively Italian-American, having the guidos, but we have the largest Liberian population outside of Liberia."
NY Reminds Schools Not To Ask About Immigration Status
According to a 1982 Supreme Court decision, all children, regardless of immigration status, have the right to attend public school in America. That's why the State Education Department sent out a memo reminding public schools to adhere to a bit of a "Don't Ask, Don't Tell" policy when it comes to student immigration status. The memo [PDF] states, "school districts may not deny resident students a free public education on the basis of their immigration status..., at the time of registration, schools should avoid asking questions related to immigration status or that may reveal a child’s immigration status, such as asking for a Social Security number."
Elena Kagan Sworn In As 112th Supreme Court Justice
Yesterday, Elena Kagan was sworn into the Supreme Court, becoming its 112th Justice and its fourth female justice. The judicial oath, which she took in front of family, new colleagues, and TV audiences, says, "I do solemnly swear (or affirm), that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent on me, under the Constitution and laws of the United States. So help me God."
Senate Confirms Elena Kagan To Supreme Court
Now the United States Supreme Court will only be a two-thirds sausage fest: The Senate voted, 63-37, to confirm U.S. Solicitor General Elena Kagan to take Justice John Paul Stevens' seat. When she is officially sworn in by Chief Justice John Roberts, there will be three women—Justices Ruth Bader Ginsberg and Sonia Sotomayors are the others— on the Court at the same time for the first time. And all of the women hail from New York!
Bronx Institutions Celebrate Justice Sonia Sotomayor
Supreme Court Justice Sonia Sotomayor, whose compelling life story was mentioned when President Obama nominated to the nation's highest court, visited the Bronx and was feted around her native borough yesterday. Her day started at her former elementary school, Blessed Sacrament, where she hugged students and gave a leadership award to an 13-year-old student, who said, "When I get my own office, I'm going to hang it there."
Is Kagan's Supreme Court Confirmation a Lock?
Today Senator Patrick Leahy announced that confirmation hearings for Supreme Court justice nominee Elena Kagan will begin Monday, June 28th. According to the AP, "the schedule should allow the hearings to be completed before senators go home for a weeklong break in early July," thus enabling a vote before they adjourn for August recess. Of course, the ranking Republican on the Senate Judiciary committee quickly issued a statement questioning whether the time frame "will be adequate to allow us to meet our important constitutional responsibility to thoroughly review Ms. Kagan's record on behalf of the American people." But assuming Republicans can't postpone this indefinitely, what are Kagan's odds?
Koch: White House Should Denounce Kagan Gay Speculation
In his Huffington Post column, former mayor Ed Koch has blasted the White House for responding to inquiries about Supreme Court nominee Elena Kagan's sexual orientation. According to Koch, the White House should never have dignified such questions with an answer, and instead ought to have denounced the speculation. "By denying she is lesbian instead of denouncing the inquiry, the White House is implicitly stating sexual orientation is a legitimate issue of discussion in the confirmation process," writes Koch.
9/11 Families Accuse Kagan of Stopping Saudi Suit
Park Slope lesbians might like her, and Republicans might like her enough to not fillibuster her, but that doesn't mean everyone is a fan of Supreme Court Nominee Elena Kagan. Some 9/11 family members are accusing Kagan of helping squash a lawsuit accusing the Saudi royals of helping finance the 9/11 attacks.
Republican Senator Says GOP Won't Filibuster Kagan
Senator Jon Kyl (R-Ariz) said on "Face the Nation" last night that he doesn't believe the GOP will attempt to filibuster Supreme Court Nominee Elena Kagan. He said on the program, "The filibuster should be relegated to the extreme circumstances, and I don't think Elena Kagan will represent that." However, that won't stop them from believing she "violated the law"!
Is Softball Gay?
It's been two days since the Wall Street Journal ran this front-page photo of Supreme Court nominee Elena Kagan playing softball, and people are still asking: Was the photo intended as innuendo suggesting Kagan is a lesbian? Some lesbian activists think so, and they've pegged the paper as homophobic. And the Journal isn't exactly bending over backwards to apologize. But a deeper question lingers: does softball = lesbian?
Friend of Supreme Court Nom Says Kagan's Not Gay
A close friend of Supreme Court nominee Elena Kagan has come forward to dispel rumors that Obama's pick to replace John Paul Stevens is a lesbian. In an interview with Politico, Sarah Walzer, Kagan’s roommate in law school and a close friend since then, says:
Supreme Court Nominee Kagan's New York Roots
The Times, the Washington Post, (and, to a smaller degree, the Daily News) have published extreme close-ups on Supreme Court nominee Elena Kagan today. Here are some fun facts for your Kagan-related cocktail party chitchat:
Republicans May Vote Against Kagan After Voting For Her
Today President Obama announced his nomination to replace John Paul Stevens on the Supreme Court: Current Solicitor General Elena Kagan. In his speech, Obama said the 50-year-old Upper West Side native is "widely regarded as one of the nation's foremost legal minds. She's an acclaimed legal scholar with a rich understanding of constitutional law. She is a former White House aide, with a life-long commitment to public service and a firm grasp of the nexus and boundaries between our three branches of government." (Watch below.) But Republican Senators made it immediately clear that they would not rubber stamp Obama's nominee.
Supreme Court Nom Kagan: Too Liberal or Too Conservative?
This morning President Obama will formally announce his nominee for the Supreme Court seat vacated by John Paul Stevens. If confirmed by the Senate, the Upper West Side-raised Elena Kagan, who currently serves as Obama's Solicitor General, would be the nation’s 112th justice. Some on the left worry she's not liberal enough, while others on the right assume she's too liberal, because she once barred army recruiters from a campus facility because of the military's ban on gays violated the school’s anti-discrimination policy. CBS's Bob Schieffer thinks a "really bitter and vicious" confirmation battle looms:
Obama Will Pick Supreme Court Nominee Any Minute Now
White House spokesman Robert Gibbs says president Obama is close to picking his Supreme Court nominee. Manhattan's Elena Kagan, the Solicitor General of the United States, is still the rumored front-runner to replace Justice John Paul Stevens, even though public record of her legal opinions has been limited. Obama has interviewed at least four candidates including Kagan, and one White House spokesman said, "We're ready to go when the President says he's ready to go, but as of right now he has not told me, (senior adviser David) Axelrod or Gibbs that he's made a decision."
Hillary Clinton Doesn't Want Supreme Court Spot
Despite rumors to the contrary, Secretary of State Hillary Clinton says she's staying put where she is. She said on "Meet the Press," "I do not and have never wanted to be a judge, ever. I mean, that has never been anything that I even let cross my mind because it's just not my personality." But is the former New York senator getting burned out at her current position?

