U.S. Laws Trump States' Statutes WASHINGTON -- Terminally ill patients who smoke marijuana to alleviate pain can be prosecuted for violating federal drug laws, even if their own state laws allow them to use marijuana for medical purposes, the Supreme Court ruled Monday. In a 6-3 decision, the court ruled that federal drug laws, which say marijuana has no medical value, trump statutes in 11 states that allowed terminally ill patients to use the drug or limit penalties for doing so. Although the ruling does not overturn the state laws, it means patients who use marijuana for medical reasons could be arrested and prosecuted under the federal Controlled Substances Act. [continues 977 words]
WASHINGTON -- The Supreme Court yesterday dramatically changed how criminal defendants are sentenced in federal court, a decision that calls into question thousands of sentences across the country and throws open how the federal government investigates, charges and negotiates with accused criminals. In a 5-4 opinion by Justice Stephen Breyer, the court said the federal sentencing guidelines, which have provided judges with set formulas to calculate sentences for almost 18 years, were not mandatory. Judges, the court said, were not always required to follow them. [continues 828 words]
Justices consider California statute vs. U.S. drug laws WASHINGTON -- The Supreme Court on Monday jumped into the fight over the use of illegal drugs for health purposes, as the justices took up a debate that has focused on whether allowing medical marijuana use is a necessary kindness in a compassionate society or a dangerous move that could undermine the fight against narcotics. The immediate subject was the scope of federal power and whether the federal government's strict anti-drug laws should override a California statute that allows those suffering from chronic pain or other symptoms to use marijuana under a doctor's supervision. The justices fired questions at lawyers on both sides. [continues 695 words]
Justices Examine the Legal Foundations of State Laws, but the Myriad Issues Behind Those Laws Won't Go Away "I THINK REGARDLESS OF WHAT THE SUPREME COURT DOES OR DOESN'T DO, MARIJUANA WILL ALWAYS BE USED FOR MEDICAL PURPOSES. SOCIETY WILL JUST HAVE TO COME TO TERMS WITH THAT," DAVID SAPP, A RETIRED COLUMBIA LAWYER WHO HAS HAD MULTIPLE SCLEROSIS FOR 20 YEARS WASHINGTON - The Supreme Court on Monday debated whether allowing medical marijuana is a necessary kindness in a compassionate society or a dangerous move that undermines the fight against narcotics. [continues 708 words]
Justices To Weigh Suits Against HMOs WASHINGTON -- In a case that could give law enforcement greater power to arrest passengers in vehicles, Supreme Court justices Monday appeared skeptical of arguments that police went too far when they arrested a man in the front seat of a car after they found drugs behind a back-seat armrest. A lawyer for Joseph Pringle argued that police violated his constitutional rights when they arrested him after discovering the drugs stuffed behind the armrest. She said police had no evidence that Pringle, who was riding in the front passenger seat, knew about the drugs. [continues 634 words]
WASHINGTON -- Taking up a key case under the Americans with Disabilities Act, Supreme Court justices grappled Wednesday with whether an employer can refuse to rehire a recovering alcoholic and drug abuser who has beaten his addictions and wants his job back. A lawyer for Joel Hernandez, a former employee of Hughes Missile Systems Co., argued that the company's refusal to consider him for a job after his rehabilitation violated the Americans with Disabilities Act. He urged justices to affirm a decision by a California-based federal appeals court that permitted Hernandez to pursue his lawsuit against Hughes. [continues 506 words]
WASHINGTON - Emphasizing that public schools must maintain "discipline, health and safety," the Supreme Court on Thursday approved the random drug testing of any student involved in extracurricular activities. In a 5-4 decision written by Justice Clarence Thomas, the court said schools have an important interest in deterring drug use and protecting students from the dangers of abuse. Those concerns, it said, justify any intrusion into the students' privacy. The decision expanded a 1995 ruling that allowed schools confronted with serious drug problems to randomly test athletes in junior high and high school. That decision marked the first time the court had allowed school officials to give drug tests to students who were not suspected of wrongdoing, despite the Fourth Amendment's ban on unreasonable searches and seizures. [continues 776 words]
WASHINGTON -- The Supreme Court ruled Tuesday that local housing authorities can evict tenants when household members or guests use drugs. The justices held that a federal zero-tolerance drug policy in public housing is a reasonable approach to protecting residents from "a reign of terror" by drug dealers. Writing for a unanimous court, Chief Justice William Rehnquist said federal law unambiguously gives local public housing authorities the discretion to evict such tenants, even if the tenants didn't know about the drug use. [continues 309 words]
WASHINGTON -- The Supreme Court ruled Tuesday that local housing authorities can evict tenants when household members or guests use drugs, holding that a federal zero-tolerance drug policy in public housing is a reasonable approach to protecting residents from "a reign of terror" by drug dealers. Writing for a unanimous court, Chief Justice William Rehnquist said federal law unambiguously gives local public housing authorities the discretion to evict such tenants, even if the tenants did not know about the drug use. [continues 1010 words]
WASHINGTON -- Arguing that the distribution of marijuana for medical purposes undermines the nation's drug laws and leads to abuse, the government urged the Supreme Court on Wednesday to stop a California cooperative from dispensing the drug to the seriously ill. But a lawyer for the medical marijuana club maintained that it merely wants to hand out a "life-saving drug" that is necessary to alleviate suffering. For many people suffering from diseases such as AIDS and cancer, marijuana is the only hope for combating unbearable nausea and lack of appetite, he said. [continues 451 words]
Hospital Notified Cops When Women Tested Positive WASHINGTON -- In a decision hailed as protecting the privacy rights of all Americans, the Supreme Court ruled Wednesday that hospitals cannot test pregnant women suspected of drug use and turn positive results over to police unless the patient consents. The court, in a 6-3 decision, said a South Carolina hospital's policy of working with law enforcement to detect and deter drug use among pregnant women violated the Constitution. Even though the hospital said the program was designed to protect the mother and fetus from the harmful effects of drugs, the court said the program's primary purpose was to collect evidence for prosecution. [continues 895 words]
WASHINGTON - The Supreme Court yesterday grappled with how to balance a person's right to be left alone against the power of police to investigate and deter crime. Justices heard arguments in two cases that would expand police authority to investigate people for illegal drugs and guns. Defendants in the two cases maintain that police searched them illegally, in violation of constitutional rights. The cases raise different issues but, as arguments made clear, involve similar concerns about the breadth of police power and a person's right to be free from unreasonable government interference. [continues 527 words]
WASHINGTON -- In a ruling emphasizing the sanctity of the home, the Supreme Court said Monday that police officers cannot bring the media along when they go inside a person's house to execute an warrant or make an arrest. The court unanimously ruled that law-enforcement authorities violate the Constitution when they allow the media to come inside. The practice is so intrusive, the court said, that it violates the 4th Amendment's prohibition against unreasonable searches and seizures. Law-enforcement authorities and media organizations had argued in favor of the practice. They maintained that it furthered police objectives by educating the public and was important for accurate reporting on police issues. [continues 644 words]
WASHINGTON -- In a ruling that reduces the privacy rights of automobile passengers, the Supreme Court on Monday gave police officers authority to search a passenger's personal belongings if they believe it could contain evidence of wrongdoing. The justices said officers can search such things as a passenger's purse or briefcase inside a car without getting a warrant even if they have no reason to believe the person is involved in criminal activity. Justice Antonin Scalia, writing for the majority in a 6-3 ruling, said the government's interest in preserving evidence outweighs any intrusion upon personal privacy. [continues 652 words]
WASHINGTON -- The Supreme Court on Tuesday refused to give police officers broad authority to conduct searches when they issue tickets for traffic violations or other minor offenses, such as jaywalking. The ruling ends practices in Iowa and some other states where police have searched people and their vehicles after writing tickets for minor traffic infractions. The decision was short, swift and unanimous. Taking only 12 paragraphs, the ruling came just a month after the case was argued, and it made clear what the justices hinted then: Such acts cannot be justified under the 4th Amendment, which prohibits unreasonable searches. [continues 530 words]
WASHINGTON -- The Supreme Court ruled Tuesday that guests in a person's home do not always have a constitutional protection against warrantless police searches, particularly when they are visiting only briefly or are there for business reasons. The decision gives guests less protection against police searches than the residents, but it does not prohibit all visitors from challenging warrantless searches. The court said social guests--such as overnight visitors and others with a significant connection to the home--still could have a right to privacy. [continues 917 words]
WASHINGTON -- When police pulled over Patrick Knowles for speeding, he got a ticket and an even more unpleasant surprise: He was ordered out of his car so an officer could search it. The officer found a small amount of marijuana and a pipe, so he arrested the Iowa man. With that, the routine traffic stop in Newton, Iowa, eventually became an issue for the Supreme Court. The justices Tuesday considered whether police trampled Knowles' constitutional rights when they searched his car without his consent after giving him a ticket for a traffic violation. Knowles' lawyers argued that the case presented a "frightening expansion of police power," and several of the justices appeared to agree. [continues 633 words]
WASHINGTON -- What's the difference between a baby-sitter and a drug dealer who comes to dinner? Supreme Court justices wanted to know Tuesday, as they weighed whether guests in a person's home have a right to privacy. In a lively session, the justices considered whether guests have an expectation of privacy and can therefore challenge a police officer's search as illegal. They raised a litany of examples that, at times, stymied lawyers on both sides. What about an Avon lady? A relative who spends the night? A telephone repairman? A poker-playing buddy? [continues 584 words]
WASHINGTON -- The Supreme Court on Monday refused to hear a constitutional challenge to an Indiana school that tests certain students for drugs and alcohol. The court's action also could affect schools in Illinois and Wisconsin. The court let stand a decision by the federal appeals court in Chicago, which had approved the testing earlier this year. That means a high school in Rushville, Ind., may continue its drug-testing program for students involved in extracurricular activities, as can other schools in the three states under the appeals court's jurisdiction. [continues 638 words]
