February 25, 2014 |
WASHINGTON -- The Supreme Court ruled Tuesday that police officers may enter and search a home without a warrant as long as one occupant consents, even if another resident has previously objected. The ruling -- based on a case involving a Los Angeles Police Department search -- gives the police more leeway to search homes without obtaining a warrant, even in situations where there is no emergency. The case began with a lawsuit filed by Walter Fernandez, a Los Angeles man who was arrested in 2009 as a suspect in a street robbery and taken from his home to the police station.
April 27, 2014 |
Given the danger posed by drunk or reckless drivers, police should follow up on information - even information from an anonymous source - that a vehicle might be careening down a street or threatening other motorists and pedestrians. If they confirm that is the case, they should stop the vehicle. But that isn't what happened in a California case decided by the Supreme Court last week. The court's ruling makes it too easy for police to stop motorists on the basis of an anonymous tip. In 2008, a 911 dispatch team in Mendocino County received a report that a pickup truck had forced another vehicle off the road, giving rise to a concern that the driver might be drunk.
June 3, 2013 |
WASHINGTON -- The police may take a DNA sample from people arrested for serious crimes, the Supreme Court ruled Monday in a major victory for law enforcement and crime victims. The 5-4 decision is likely to make the taking of DNA samples as common as taking fingerprints or a photograph when people are arrested. More than half of the states now require a DNA mouth swab when persons are charged with a serious crime, and many of the others were awaiting a Supreme Court ruling on the constitutionality of the practice.
June 28, 2012 |
WASHINGTON -- The U.S. Supreme Court upheld the constitutionality of President Obama 's healthcare law Thursday, ruling the government may impose tax penalties on persons who do not have health insurance. The court's long-awaited ruling rejected a broad legal attack on the Patient Protection and Affordable Care Act brought by Republican state officials and the National Federation of Independent Business. The legal challenge focused on the law's so-called mandate that all must have insurance by 2014 or pay a tax penalty.
June 26, 2013 |
WASHINGTON - The Supreme Court cleared the way Wednesday for same-sex marriages to resume in California as the justices, in a procedural ruling, turned away the defenders of Proposition 8. Chief Justice John Roberts, speaking for the 5-4 majority, said the private sponsors of Prop. 8 did not have legal standing to appeal after the ballot measure was struck down by a federal judge in San Francisco. "We have never before upheld the standing of a private party to defend the constitutionality of a state statute when state officials have chosen not to," he said.
March 21, 2012 |
Defendants in criminal cases have a constitutional right to a competent lawyer's advice when deciding whether to accept a plea bargain, the Supreme Court ruled, providing a significant expansion of rights that could have a broad impact on the justice system. "Ours for the most part is a system of pleas, not a system of trials," Justice Anthony M. Kennedy said for the majority in a pair of 5-4 decisions. Noting that about 97% of federal convictions and 94% of state convictions result from guilty pleas, Kennedy wrote that "in today's criminal justice system, the negotiation of a plea bargain, rather than the unfolding of a trial, is almost always the critical point for the defendant.
February 24, 2013 |
Over the next three months, the justices of the U.S. Supreme Court will decide whether to end affirmative action, whether to overturn part of one of the most important civil rights laws in our country's history (the Voting Rights Act) and whether gays and lesbians have a constitutional right to the same marriage benefits as heterosexual couples. In almost every term, the justices exercise veto power over fundamental policy questions such as abortion, gun control and freedom of speech and religion.
June 16, 2011 |
The Supreme Court bolstered the rights of juveniles for the second year in a row, deciding by a 5-4 vote that police officers who remove a student from class for questioning about a crime usually must warn him or her of the right to remain silent. The decision Thursday did not set a strict rule for all cases involving police questioning of minors, but the justices said young people deserved extra protection because they would feel they had no choice but to answer. "It is beyond dispute that children will often feel bound to submit to police questioning when an adult in the same circumstance would feel free to leave," wrote Justice Sonia Sotomayor.
June 27, 2010 |
For Elena Kagan, it was a moment of sheer triumph. Presiding over a gala dinner three years ago among the Italianate arches of the art museum at Harvard University, a beaming Kagan praised the honoree, Bruce Wasserstein, then the chairman of famed Wall Street bank Lazard Ltd. Wasserstein's donations had helped Kagan break ground on a massive, state-of-the-art facility at the law school, where she was the dean. The construction cranes rising above Harvard Law's campus today serve as a testament to Kagan's prowess; she spearheaded a fundraising campaign that raked in almost half a billion dollars for the school.
March 26, 2013 |
WASHINGTON - The lawyer defending California's ban on same-sex marriage drew skeptical questioning from swing justices Tuesday as the Supreme Court began two historic days of oral arguments considering the rights of gays and lesbians. Charles J. Cooper, whose clients include citizens who voted for California's 2008 Proposition 8 banning same-sex marriage, tried to convince the justices that states should have the right to limit marriage to heterosexual couples because they can produce children.