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Key Civil Liberties Cases of the Supreme Court's 2006-2007 Term

By Tom Head, About.com

With two new justices on the bench, the U.S. Supreme Court dealt with some of the most controversial civil liberties issues of our time. As they judged the cases, we judged the judges.

Parents v. Seattle

Affirmative Action ProtestPhoto: Alex Wong / Getty Images.

Relevant Text: Fourteenth Amendment

The Big Question: Are school desegregation programs that rely exclusively on racial identification, and that are implemented in school districts that were not segregated at the time of Brown v. Board of Education, consistent with the Brown precedent?

The Big Answer: No, in a 5-4 ruling written by Chief Justice John Roberts and joined by justices Alito, Kennedy, Scalia, and Thomas.

Gonzales v. Carhart

Abortion ProtestsPhoto: Alex Wong / Getty Images.

Relevant Text: Ninth Amendment, Fourteenth Amendment

The Big Question: Does Congress' ban on "partial-birth" (live intact D&X) abortions constitute an undue burden on a woman's right to choose?

The Big Answer: No, in a 5-4 ruling written by Justice Anthony Kennedy and joined by justices Alito, Roberts, Scalia, and Thomas.

Ledbetter v. Goodyear

Equal Pay ProtestPhoto: Chip Somodevilla / Getty Images.

Relevant Text: Title VII of the Civil Rights Act of 1964

The Big Question: Does the 180-day deadline on filing Title VII claims apply to cases of wage discrimination, where the discrimination recurs with each paycheck?

The Big Answer: Yes, in a 5-4 ruling written by Justice Samuel Alito and joined by justices Kennedy, Roberts, Scalia, and Thomas.

Morse v. Frederick

Free Speech 4 StudentsPhoto: Mark Wilson / Getty Images.

Relevant Text: First Amendment

The Big Question: Can school officials restrict student speech at official school events if it is perceived as promoting illegal drug use?

The Big Answer: Yes, in a 5-4 ruling written by Chief Justice John Roberts and joined by justices Alito, Kennedy, Scalia, and Thomas.

Hein v. Freedom From Religion Foundation

Protester at Supreme CourtPhoto: Brendan Smialowski / Getty Images.

Relevant Text: First Amendment

The Big Question: Do citizens who are not directly affected by an establishment clause violation have standing to challenge it in court?

The Big Answer: No, in a 5-4 ruling written by Justice Samuel Alito and joined by justices Kennedy, Roberts, Scalia, and Thomas.

FEC v. Wisconsin Right to Life

Senators John McCain (R-AZ) and Russ Feingold (D-WI)Photo: U.S. Senate.

Relevant Text: First Amendment

The Big Question: Is the section of the McCain-Feingold campaign finance bill, prohibiting issue ads during the 30 days before an election, consistent with the First Amendment's free speech guarantees?

The Big Answer: No, in a 5-4 ruling written by Chief Justice John Roberts and joined by justices Alito, Kennedy, Scalia, and Thomas.

Panetti v. Quarterman

Anti-Death Penalty ProtestPhoto: Spencer Platt / Getty Images.

Relevant Text: Eighth Amendment

The Big Question: Can the government legally execute insane prisoners who do not understand the reason for their executions if they were previously found guilty and sentenced to death?

The Big Answer: No, in a 5-4 ruling written by Justice Anthony Kennedy and joined by justices Breyer, Ginsburg, Souter, and Stevens.

Brendlin v. California

Traffic StopPhoto: Joe Raedle / Getty Images.

Relevant Text: Fourth Amendment

The Big Question: Can police officers seize a car's passenger if the driver has agreed to pull over?

The Big Answer: No, in a unanimous ruling written by Justice David Souter.

Lopez v. Gonzales

CocainePhoto: Drug Enforcement Agency.

Relevant Text: Controlled Substances Act (CSA) of 1970

The Big Question: Can a legal resident be deported by the U.S. government under the CSA, which mandates deportation for federal drug felony offenses, after being convicted of a state-level drug felony that is classified as a misdemeanor under federal law?

The Big Answer: No, in an 8-1 ruling written by Justice David Souter and joined by justices Alito, Breyer, Ginsburg, Kennedy, Roberts, Scalia, and Stevens.

Scott v. Harris

Police LightsPhoto: © 2005 Gustavo Serrano.

Relevant Text: Fourth Amendment

The Big Question: If an officer believes that a nonresponsive driver moving at a high rate of speed constitutes a danger to bystanders, would it constitute excessive force for the officer to run the driver off the road?

The Big Answer: No, in an 8-1 ruling written by Justice Antonin Scalia and joined by justices Alito, Breyer, Ginsburg, Kennedy, Roberts, Souter, and Thomas.

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