Abstracts » Law

A fractious court remains divided over religion

Article Abstract:

Two religion-related cases and one on the privacy of student athletes split the US Supreme Court on the last day of its term. With 10 opinions issued in the two religion cases, a lack of consensus was evident on when free-speech rights outweigh the government's duty not to establish a religion. Of the seven justices who said the Ku Klux Klan could erect a cross on a public plaza, four agreed on one opinion, the other three each wrote one, and the two dissenters likewise split.

Church and state

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Justices weigh in on side of states; back to antebellum federal relations, say some critics of rulings

Article Abstract:

Three federalism rulings issued by the US Supreme Court in the 1998-99 term indicate no relief for parties whose federal rights, such as those protecting patent, trademark or employee rights, are infringed by states. These rulings are a continuation of a debate begun at the beginning of the nation's history between a state-centered and a nationalist view of the American Constitution. One remaining question is how carefully the court will review future Congressional attempts to use the 14th Amendment's Section 5 to abrogate state immunity.

United States, States, Federalism

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