...the Supreme Court will consider legal fights over cross burning,
the rights of abortion protesters, repeat criminals and sex offenders,
and even trademark protection for lingerie maker Victoria's Secret
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"Take Me Out to the Courthouse":
Opening
Day of the Supreme Courts October Term, 2002
The
United States Supreme Court opened its new term on Monday with the
traditional call of "Oyez, Oyez, Oyez" as all the spectators rose.
But for more than 1,000 cases with certiorari petitions pending,
it was a day of plunges as the Court announced its first list of
cases turned down for appeal following its three-month summer break.
Among
the fallen is Ronald White, a tattoo artist who has been fighting
a tattoo ban in South Carolina since 1999, when he was arrested
for giving an illegal tattoo that was later broadcast on television.
Oklahoma and South Carolina are the only states to ban tattooing.
The Center filed an amicus brief urging the Supreme Court to grant
Mr. Whites appeal. The Centers brief, in part, argues
that freedom of expression protected under the First Amendment extends
to all artistic expression without regard to message conveyed or
medium employed by the artist. (To read the Centers brief,
click
here.) The denial is disappointing and leaves no option for
Mr. White other than to seek relief through legislative efforts.
Overall,
the Court receives approximately 8,000 appeals annually, and only
hears about 80 cases. The Court already has accepted 45 cases for
the term, which will run through next June. Among the 45, the Court
will consider legal fights over cross burning, the rights of abortion
protesters, repeat criminals and sex offenders, and even trademark
protection for lingerie maker Victoria's Secret. Many Supreme Court
enthusiasts believe the Court is keeping its docket light to save
room for the almost-certain appeals in the campaign finance reform
arena and post-911 liberty cases.
On
a lighter note, Chief Justice William Rehnquist, age 78, is reported
as opening the new term by announcing a retirementhis own.
Perhaps in a Freudian slip, Rehnquist said the Court "notes the
retirement of the Chief Justice"then, realizing his error,
quickly corrected himself and said the Court was saying goodbye
to Frank Lorson, the Courts chief deputy clerk.
[Posted
October 11, 2002]
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