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Key Civil Liberties Cases of the Supreme Court's 2007-2008 Term

By Tom Head, About.com

The Supreme Court's 2007-2008 term began on October 1, 2007 and ended on June 26, 2008. The term, which featured far fewer contentious 5-4 rulings than the 2006-2007 term, still offered up its share of landmark decisions.

District of Columbia v. Heller

HandgunPhoto: Rick Gershon / Getty Images.

Relevant Text: Second Amendment

The Big Question: Does the District of Columbia's ban on the possession of handguns violate the individual right to bear arms?

The Big Answer: Yes. In a 5-4 ruling, the Supreme Court struck down a law on Second Amendment grounds for the first time in U.S. history. The majority ruling, written by Justice Antonin Scalia, breaks new ground by finally establishing a clear Second Amendment doctrine.

Boumediene v. Bush

Gitmo GraffitiPhoto: © 2005 Peter Burgess.

Relevant Text: Military Commissions Act

The Big Question: Can non-citizen enemy combatants detained at Guantanamo Bay appeal to U.S. federal courts on constitutional grounds?

The Big Answer: Yes. In a 5-4 ruling, the Supreme Court held that non-citizen enemy combatants held at Guantanamo Bay may challenge their detention in court.

Baze v. Rees

NeedlePhoto: © 2006 Andrew Magill.

Relevant Text: Eighth Amendment

The Big Question: Does execution by lethal injection, as it is currently practiced today, constitute cruel and unusual punishment?

The Big Answer: No. In a 7-2 ruling, the Court held that use of the three-drug lethal injection cocktail does not constitute cruel and unusual punishment. The ruling effectively ended a national moratorium on lethal injection that began with the botched Florida execution of Angel Diaz in December 2006.

Snyder v. Louisiana

Empty Jury BoxPhoto: Pool / Getty Images.

Relevant Text: Fourteenth Amendment

The Big Question: Did prosecutors violate a black defendant's right to due process by excluding the only black jurors from a jury pool under suspicious circumstances?

The Big Answer: Yes. In a 7-2 ruling, the Court held that a Louisiana prosecutor's successful attempt to create an all-white jury by excluding black jurors--most egregiously, excluding an otherwise available and uncompromised black college student on the basis that he "appeared nervous"--violated the equal protection clause.

United States v. Williams

TIA Web SitePhoto: U.S. Defense Advanced Projects Research Agency.

Relevant Text: First Amendment

The Big Question: Can the government prosecute individuals for offering to sell or trade illegal child pornography, even if the defendants don't actually have any?

The Big Answer: Yes, in a 7-2 ruling.

Kimbrough v. United States

Crack CocainePhoto: Drug Enforcement Agency.

Relevant Text: Antidrug Act of 1986

The Big Question: Laws banning the possession and distribution of cocaine impose a 100-to-1 sentencing ratio for crack versus powdered cocaine. May a judge who disagrees with this policy depart from federal sentencing guidelines when handing down a sentence?

The Big Answer: Yes. In a 7-2 ruling, the Supreme Court held that judges may offer up more lenient sentences in cases where they feel that it is warranted.

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