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Freedom Files - Season 2
Ideological Exclusion

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ACLU President Nadine Strossen and Supreme Court Justice Antonin Scalia discuss past court rulings at the 2006 Membership Conference

Last year's Supreme Court Term was a difficult one for civil liberties. The Court limited the ability of local officials to address the problem of segregated schools, upheld the authority of Congress to ban an abortion procedure, made it more difficult to challenge the use of taxpayers funds to promote religion, and restricted student free speech rights.

One-third of all the Court’s cases last Term were decided by a 5-4 vote, and Justice Kennedy was in the majority in every 5-4 case. More than ever, therefore, Justice Kennedy is a critical swing vote on an increasingly conservative Court.

A summary of all of the Court's civil liberties-related cases from the 2006 Term is online at:
www.aclu.org/scotus/2006term/30308res20070628.html.

In the 2007 Term, the ACLU has brought or been involved in various cases including key arguments in criminal justice and the death penalty, due process, and voting rights. Nearing the end of the term, decisions are still pending in several important suits: Boumediene v. Bush and Al Odah v. United States, on the due process rights of Guantánamo detainees; and Kennedy v. Louisiana, which takes up the constitutionality of Louisiana's statute allowing the death penalty for the rape of a child.

LEARN MORE
> Video: ACLU Leaders Discuss the 2007 Term (with transcripts)


SUPREME COURT CASES

CRIMINAL JUSTICE
Danforth v. Minnesota (7/17/2007)
Whether a state can permit an inmate to raise constitutional claims in state post-conviction proceedings that would be barred in federal habeas proceedings. DECIDED

Kimbrough v. United States (7/26/2007)
Whether a federal trial judge may take into account the fact that the current Sentencing Guidelines for crack cocaine have proven unsound and been rejected by the Sentencing Commission itself when sentencing a crack offender. DECIDED

Virginia v. Moore (12/10/2007)
Whether the Fourth Amendment bars the government from relying on evidence seized following an arrest that state law prohibits. DECIDED


DEATH PENALTY
Baze v. Rees (11/7/2007)
Whether Kentucky's lethal injection protocol violates the constitutional ban on cruel and unusual punishment by using a combination of drugs that creates an unnecessary and avoidable risk of excruciating pain. DECIDED

Kennedy v. Louisiana (2/21/2008)
Whether a state may constitutionally impose the death penalty for the rape of a child.


DISCRIMINATION
Engquist v. Oregon Department of Agriculture (2/27/2008)
Whether public employees who are subject to arbitrary discrimination can raise an equal protection claim without also being required to show that the discrimination was based on membership in a protected class.

Crawford v. Nashville (4/16/2008)
Whether employees who cooperate with an internal investigation of alleged sexual harassment are protected against retaliation under Title VII of the 1964 Civil Rights Act.

CBOCS West Inc. v. Humphries (1/4/2008)
Whether a federal law enacted shortly after the Civil War that grants all persons the same right to make and enforce contracts regardless of race protects those who complain about discrimination from retaliation.


DUE PROCESS
Boumediene v. Bush and Al Odah v. United States (8/24/2007)
Whether the detainees at Guantánamo can be deprived of any meaningful right to challenge the lawfulness of their detention without charges or trial.


IMMIGRANTS' RIGHTS
Ali v. Achim (11/29/2007)
Whether the Attorney General can create a category of "particularly serious crimes" beyond what Congress has designated as "aggravated felonies" and then deny asylum and witholding of removal to a refugee on the basis of such crimes and, if so, whether the decision to remove someone from the country based on a "particularly serious crime" without any regard for individual mitigating circumstances is subject to judicial review? CASE DISMISSED


VOTING RIGHTS
New York State Board of Elections v. Lopez Torres (7/13/2007)
Whether New York State's method for electing judges is unconstitutional because it deprives insurgent candidates and their supporters of a meaningful opportunity to participate in the electoral process. DECIDED

Riley v. Kennedy (2/21/2008)
Whether voting changes that result from a state court decision need to be precleared under Section 5 of the Voting Rights Act.

Crawford v. Marion County Election Board (11/6/2007)
Whether Indiana's voter ID law unconstitutionally burdens the right to vote absent any evidence of voter fraud. DECIDED


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