Supreme Court Rejects Commandments Case
NewsMax.com Wires
Monday, Oct. 4, 2004
WASHINGTON – The Supreme Court rejected an appeal Monday
from ousted Alabama Chief Justice Roy Moore, who lost his job after
defying a federal order to dismantle a Ten Commandments monument.
Moore has become a high-profile crusader for Ten Commandment
monuments as a result of the dispute over his own 2 1/2-ton granite
display in the state courthouse.
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A federal judge ruled that Moore violated the Constitution's ban
on government promotion of religion when he placed the monument in
the rotunda of the judicial building in the middle of the night in
2001.
The display was moved last year over Moore's objections, and a
state court removed him from office.
Moore's lawyers had called on the Supreme Court to "remedy this
travesty of justice" and give him his job back. The high court
declined, without comment.
The Alabama Court of the Judiciary found that Moore violated
canons of judicial ethics when he refused the federal court's order
to move the monument. Moore could try to win back a seat on the
court in 2006 elections.
The case is Moore vs. Judicial Inquiry Commission of the State of
Alabama, 04-153.
Also Monday, the court:
Refused to disturb a
ruling that forces some California religious organizations to pay
for workers' contraceptive health insurance benefits.
Justices turned down an appeal from a Roman Catholic
organization which wanted the court to weigh in on a growing trend
of states requiring employers that offer prescription benefits to
employees to also cover birth-control pills.
The court's announcement keeps the justices out of a divisive church-state dispute; about 20 states require employers that have prescription drug benefit plans to also cover birth-control pills.
Justices had been asked to review California's law, which
exempts churches but not church-backed institutions such as hospitals
and charity organizations.
Catholic Charities had challenged the law, on grounds that it
could not be required to pay for something it viewed as sinful. The
state Supreme Court ruled against the group last spring.
"If the state of California can coerce Catholic agencies to pay
for contraceptives, it can force them to pay for abortions,"
attorney Kevin Baine told justices in an appeal for Catholic
Charities.
The case turned on the group's First Amendment right to exercise
its religious beliefs without government interference.
Timothy Muscat, California's deputy attorney general, said that
Catholic Charities could get around the requirement by not offering
insurance to employees.
The law was passed in 1999 to stop discrimination against women
who had to pay more for drugs than men.
Turned away a challenge
Monday to the federal do-not-call registry, ending telemarketers'
bid to invoke free-speech arguments to get the popular ban on
unwanted phone solicitations thrown out.
The court, without comment, let stand the 10th U.S. Circuit Court
of Appeals' decision that upheld the registry of more than 57
million phone numbers as a reasonable government attempt to
safeguard privacy and reduce telemarketing abuse.
Under the 2003 federal law, businesses face fines of up to
$11,000 if they call people who sign up for the registry, unless
they have recently done business with them. Charities, pollsters
and callers on behalf of politicians, however, are exempt.
Declined to hear a
challenge to Montana's limit on campaign contributions by critics who
contended the strict rules infringed on free speech rights.
The court, without comment, let stand a 9th U.S. Circuit Court
of Appeals decision that the caps on contributions by individuals
and political action committees were justified to prevent even the
appearance of corruption in the state political process.
Montana Right to Life Association had filed the appeal,
saying the contribution limits prevented candidates from waging
effective campaigns. The limits restricted the First Amendment
rights of those wanting to donate money, it said.
The circuit court disagreed, basing its 2003 decision on two
U.S. Supreme Court rulings that said campaign contribution limits
are permissible if they satisfy an important enough state interest
and are narrowly written to do that.
Declined to decide
whether random drug testing of firefighters is constitutionally
justified by a city's interest in promoting public safety.
The high court, without comment, let stand an Arizona Supreme
Court ruling that the drug tests violated Mesa, Ariz., firefighter
Craig Petersen's privacy rights under the Fourth Amendment. The
Arizona court said the city did not provide enough evidence that
substance abuse was a widespread problem among the firefighters to
warrant testing.
In its legal filing, the city argued in part that it had a
special need to conduct testing without any suspicion aimed at
individual firefighters because their jobs now demand a high level
of performance and speedy response, particularly after the Sept. 11
attacks. Mesa's random testing was begun before the 2001 attacks.
Rejected without comment an appeal by Ali Saleh Kahlab al-Marri,
one of three people who have been held in America as enemy
combatants without traditional legal rights.
The Supreme Court last spring considered the cases of the other
two - Jose Padilla and Yaser Hamdi - as well as an appeal involving
similar detentions of people held at the U.S. naval base in
Guantanamo Bay, Cuba.
The Bush administration maintains that al-Marri is an al-Qaida
sleeper agent.
At issue in Monday's case was whether al-Marri's lawyers should
have challenged his detention in a court in South Carolina, where
he is being held. The attorneys filed the case in Illinois, where
al-Marri lived before his arrest. With the high court's
announcement, they can refile his challenge.
Declined to grant special permission to a lawyer attempting a long-shot bid to challenge the U.S. detention of Saddam Hussein as unconstitutional.
Attorney Curtis F.J. Doebbler of Washington had asked the court
to review the case as an indigent appeal without the usual $300
filing fee. The request required special court approval since the
legal papers did not have Saddam's signature vouching that he had
no assets.
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