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Monday, June 27, 2005

Supreme Court Ends Term With A Flourish

The Supreme Court wrapped up this years term with a few interesting decisions, and another decision left to be made.

The Court handed down split rulings on two Ten Commandments cases, ruling one display on government property unconstitutional, while permitting another. The RTD relays Justice Souter's view that it is "important to understand the Constitution's Establishment Clause, which requires the government to stay neutral on religious belief."

Uh, actually, your honor, I don't remember the Constitution saying anything of the sort. But hey, until last week I didn't know the Constitution allowed localities to take personal property for private development either, so maybe i'm just out of the loop.

In another decision, the Supreme Court took up the issue of online file-sharing. The Washington Post led with the headline "Court Rules Against File Sharers." Though I haven't read the decision yet, that take seems to miscast the Court's view. Though the Court allowed producers of file-sharing software to be sued, the Court also seemed to uphold its ruling in the Betamax case. Today's decision held that the software companies could be liable only for encouraging copyright-infringement. That standard seems like it could be a difficult one to prove, and a relatively easy one to skirt considering the demand for such services.

Finally, despite rampant speculation of the blogosphere, there was no word today on any possible resignation from any of the Court's Justices. Word is, the White House has already compiled a short list of candidates who meet the criteria of youth, solid conservative views, and relatively light baggage to bring to the confirmation process. With that checklist, I'd suggest my buddy Addison stay close to the phone.


Blogger Addison said...

LOL. I put the White House phone numbers on my cell phone so I won't be surprised by the call.

9:14 PM

Anonymous The Jaded JD said...

I suspect we'll end up developing a of "inferred intent" jurisprudence on these P2P programs and analogous innovations, something akin to a Yick Wo v. Hopkins comparison of the numbers of legitimate uses v. illegitimate uses to create a rebuttable presumption one way or another.

9:58 PM

Blogger MR JMS said...

Addison- Be watchful. When someone calls you from the White House only six numbers show up so you can not trace them back to the original caller.

8:45 AM


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