Tuesday, January 12, 2010

Supreme Court Decisions Disappointing


The United States Supreme Court made a couple of decisions yesterday. One was a decision actually made by the court, while the other decision was made by the court's refusal to hear the case. I was a bit disappointed in both, and I think both showed the court's current right-wing bent.

In the first decision, the court issued an emergency stay which would prevent the U.S. District Court in California from releasing video of the trial to determine the constitutionally of California's Prop 8 (which denies equal protection to homosexuals and denies them the right to marry).

The justices halted any video streaming of the trial "except as it permits streaming to other rooms within the confines of the courthouse in which the trial is to be held. Any additional oder permitting broadcasting of the proceedings is also stayed pending further order of this court."

The court did not explain its reasoning, but one justice disagreed with the ruling. Justice Stephen Breyer wrote, "In my view, the court's standard for granting a stay is not met. In particular, the papers filed, in my view, do not show a likelihood of 'irreparable harm.'"

Fortunately, the stay that was issued was only temporary and expires tomorrow (13th). Maybe the court will come to its senses and refuse to extend their stay. I certainly hope so. This is an important trial and should be available for the public to view.

The case the court refused to accept upholds the ruling of the lower court. That ruling backed the right of the Waxahachie (Texas) High School to ban t-shirts with political expressions. Student Pete Palmer had worn a shirt touting John Edwards for president, and was told he could not wear the shirt.

The 5th U.S. Circuit Court of Appeals had upheld the high school's rule, saying it was OK because its intent was to reduce distractions. I'm not exactly sure how this jibes with the court's decision in the seventies saying high school students have the right to express their own political opinions.

I guess the court is now saying that if any political opinions are allowed, then all must be allowed -- but the school has the right to ban clothing with political opinions as long as all opinions are equally banned (and I assume that would include religious or social opinions).

I'm not real comfortable with this court decision. I would personally like to see student's have the ability to express themselves politically, but as long as the ban includes all opinions I can live with it.

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