On the docket: church-state case, political battles

Among the more important cases already on the docket is a church-state dispute from Washington State involving a lawsuit challenging the state's refusal to provide public scholarship money to those studying to join the clergy. The suit charges that such refusal is a violation of the First Amendment right to freely practice one's religion. The Washington officials respond in Locke v. Davey that they are merely complying with a state constitutional mandate of strict separation between church and state.

Among several federalism cases, the justices have agreed to hear a Tennessee case that will examine whether states may be sued for money damages for failing to provide wheelchair ramps and other access devices at public buildings. The federal Americans With Disabilities Act requires access ramps and other accommodations, but the state in Tennessee v. Lane is claiming 11th Amendment immunity.

The suit was filed by George Lane, a paraplegic, who was arrested after failing to appear for a criminal case on the second floor of a courthouse unequipped with elevators or ramps. "He crawled up the stairs the first time. The second time he refused and was arrested and prosecuted for not showing up," says Seth Waxman, a Washington lawyer and former solicitor general during the Clinton administration.

Two cases on the docket hold the potential to significantly alter the shape of political battles. In Veith v. Jubelirer, the justices will examine possible limits on gerrymandering in a redistricting case from Pennsylvania.

The second case, McConnell v. FEC, is a constitutional challenge to the McCain-Feingold law, also known as the Bipartisan Campaign Reform Act of 2002. At issue is whether regulations of soft money and issue advertisements violate the free-speech rights of individuals and political parties. The court heard oral argument during a special session on Sept. 8, and legal analysts expect a decision before the end of December.

In the area of criminal law, the new term could prove an important crossroads. The Supreme Court is set to hear four cases related to the so-called Miranda warnings in which police instruct suspects that they have a right to remain silent and that anything they say to police may be used against them in a court of law.

At issue is to what extent law-enforcement officials may exploit legal loopholes surrounding the Miranda warnings without jeopardizing their ability to gather and present incriminating evidence at trial.

During training, some police departments tell their officers that they are more likely to obtain incriminating statements from suspects if they conduct initial questioning without giving any Miranda warnings. After a break, the officers are instructed to give the warnings and then try to persuade the suspect to repeat the incriminating statements so they can be used as evidence at trial.

The court will decide whether such tactics are acceptable.

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