Pubdate: Sun, 08 Jul 2007 Source: Norwich Bulletin (CT) Copyright: 2007 Norwich Bulletin Contact: http://www.norwichbulletin.com/customerservice/contactus.html Website: http://www.norwichbulletin.com/ Details: http://www.mapinc.org/media/2206 SUPREME COURT'S CONSERVATIVE SHIFT CAUSE FOR ALARM When school desegregation was ended in 1954 with the Brown v. Board of Education U.S. Supreme Court decision, many hoped this was the beginning of a colorblind country. More than 50 years later, we are far from colorblind, and the Supreme Court is showing us just how far we have to go when it comes to civil rights, and not just those based on race issues. The court, in its first full session under Chief Justice John Roberts Jr., has taken on a decidedly conservative bent. This alone is not a problem. However, that direction has led to decisions that favor government and business over the rights of the individual. It's a direction that is very uncomfortable. Many of the court's decisions were split 5-4 with Justice Anthony M. Kennedy being the swing vote. Kennedy has become the moderate judge between four conservative justices -- Roberts, Antonin Scalia, Clarence Thomas and Samuel Alito Jr. -- and four liberal justices -- Ruth Bader Ginsburg, Stephen G. Breyer, David H. Souter and John Paul Stevens. Kennedy, however, leans more to the conservative side than Sandra Day O'Connor, the justice who once held the middle ground. The final major decision of the session was a 5-4 decision in Parents Involved in Community Schools v. Seattle School District that overturned school integration policies in Seattle and Louisville because they used a student's race to determine whether a place was available at a desired school for a student. The policies were meant to ensure integration of schools. It is easy to find fault with integration practices that look at skin color alone. However, it cannot be denied there is still a significant access issue to education in this country. Local example Look no further than New London and Waterford if evidence is needed. New London is an urban school district with significant minority populations. The school system is underfunded and is not achieving good results under No Child Left Behind. Next door is Waterford, a mostly white community with modern facilities and better academic performance. The high schools of New London and Waterford sit less than one mile from each other, yet the educational opportunities at each is very different. While these are two different districts, the predicament is similar to those in Seattle and Louisville, where not all schools are equal. The decision is unsettling because it almost appears as though the court is suggesting, in a reversal of the Brown decision so long ago, separate but equal is an acceptable concept. It is not. Every child has a right to a good education with peers of many races. This decision is just one of a number of decisions that indicates the court is on course to limit many of your rights. In another ruling, Scott v. Harris, the court, by a vote of 8 to 1, sided with police who rammed a speeding driver's car, causing a serious accident. The court said, despite the fact the driver was not suspected of anything more than speeding, police were justified in running the driver off the road. Because of another 5-4 decision in Uttecht v. Brown, it is now easier for prosecutors to remove jurors in death penalty cases who have concerns about capital punishment. As Stevens notes in the dissent, this ruling seems to predispose jurors in death penalty cases to assigning this harshest of punishments. Free speech at risk In a case becoming known as for its slogan, "bong hits for Jesus," the court ruled, again 5-4, schools can censor and punish students for speech that can be interpreted by officials to be advocating or celebrating the use of illegal drugs. The student in the case was not on school grounds but within sight of the school. The case, Morse v. Frederick, is an erosion of First Amendment rights and opens the door for a huge range of free speech issues schools can now censor. Where will the line be drawn before we decide those in public school have no right to think and speak for themselves? Whether the slogan was appropriate for a teenager to put on a sign is up to his parents, not the principal. The court also put serious constraints in the ability of an employee to sue an employer for pay discrimination. The limit is 180 days from the act. The Equal Opportunity Commission had maintained it was up to 180 days of any time the discrimination occurred, meaning every time a paycheck that was discriminatory was issued, the clock reset. Now, employees have a relatively limited amount of time to recognize the discrimination. While six months may seem adequate, consider how often you see a co-worker's paycheck. It often takes many months to recognize there could be a pay disparity, and then it takes time to build a case. These decisions range across different aspects of the law, but they all have put the emphasis on government and business rights over those of the individuals. Even in an overly litigious society, this is alarming. There are even some who suggest the court did not go far enough with many of these decisions. It is the individual who makes this country great. When we lose our rights to massive entities, we become less important, and the democracy we have created is weakened. - --- MAP posted-by: Beth Wehrman