(THEME)

VOICE ONE:

The Supreme Court in Washington has ended its current term afterruling on a number of issues that affect American life. I’m SteveEmber.

VOICE TWO:

And I’m Faith Lapidus. This week we tell about the court and someof its rulings on the VOA Special English program, THIS IS AMERICA.

(THEME)

VOICE ONE:

Seven men and two women serve on the Supreme Court. Their duty isto make sure federal and state laws agree with the United StatesConstitution. The court often decides some of the most importantissues in the country.

Several cases brought the most interest during the term justended. The justices ruled about sexual relations between people ofthe same sex. They ruled about the use of race in universityadmissions, and about Internet blocking in public libraries. And,among other issues, they dealt with the debate about how to treatsex criminals.

VOICE TWO:

When the Supreme Court hears a case, the justices listen toarguments by lawyers for each side. The justices question thelawyers to get more details. They read information about the case.They read how similar cases were decided. They discuss the case, andthen they vote.

A majority of the votes of the nine justices decides what willbecome the law of the land. One of the justices in the majoritywrites an opinion that explains the ruling. Once a final version isagreed, that justice also announces the decision in court. Othersmay write their own opinions in support of it. Justices who disagreewrite dissenting opinions.

(MUSIC)

VOICE ONE:

One of the cases this term involved two men arrested in Houstonin nineteen-ninety-eight. They were found guilty of breaking a Texaslaw and ordered to pay a fine. They argued that the law violatedtheir privacy and their right to equal protection under theConstitution.

Last month the Supreme Court ruled, six-to-three, against thestate of Texas. The justices decided that state laws that banhomosexual relations between adults violate the Constitution.

After that, the Supreme Court acted on the case of a teen-ager inKansas. He received a seventeen-year prison term in state court forsex with another boy. The justices cancelled the prison sentence anddirected judges in Kansas to reconsider the case. Kansas officialssay the ruling on the Texas law made a similar Kansas lawunenforceable.

Oklahoma and Missouri also have laws against homosexualrelations, while several other states give some rights only tomarried people.

VOICE TWO:

Among those who disagreed with the court was the leader of theRepublican majority in the Senate, Bill Frist. Senator Frist said hewould support a constitutional amendment to prevent gay marriages.President Bush has said he opposes the idea of gay marriages. But hesays he does not know if a constitutional amendment is needed.

(MUSIC)

VOICE ONE:

The Supreme Court also made important decisions last month aboutaffirmative action. That is the name for programs to help members ofminority groups and women in education and employment.

White students rejected by the University of Michigan and its lawschool had brought two separate cases against diversity programs.They said these programs to create racial balance in the studentpopulation were unfair to whites.

In the case of the law school, the court said colleges anduniversities can use race to help decide which students to accept,but along with other considerations. Five justices voted that theConstitution permits this. Four others voted against it.

The court agreed with an opinion from twenty-five years ago thatsaid diversity is an important state interest in universityadmissions. But the court also said it expects that twenty-fiveyears from now, such use of racial preferences will no longer benecessary.

It was a close vote. Civil rights activists welcomed the decisionto uphold the law school program. But the court also said schoolsmust limit the consideration they give to race.

By a vote of six-to-three, the justices ruled against Michigan’sundergraduate program. This program gave blacks, Hispanics andAmerican Indians extra points toward admission. The court said thiswas unfair to whites.

(MUSIC)

VOICE TWO:

Among other rulings, the justices dealt with the length of someprison sentences. One case involved a law in California for peoplefound guilty of three serious crimes. This law requires a term oflife in prison.

Opponents argued that this sentence for a man found guilty ofstealing as his most recent crime violates the Eighth Amendment. TheEighth Amendment to the Constitution bars cruel and unusualpunishment. But the court decided five-to-four that, given thecriminal history of the man who appealed, the California law isacceptable.

Another ruling dealt with cases in which execution is a possiblepunishment. It said lower courts must consider claims thatgovernment lawyers purposely excluded blacks from juries. Thejustices also said defense lawyers must look for any evidence thatmight keep a jury from sentencing someone to death.

VOICE ONE:

The court also affirmed and extended time limits for what arecalled “Megan’s laws.” These are state laws named for a child whowas murdered by a man with a history of sex offenses. The lawspermit information such as pictures of offenders and where they liveand work to be published after they serve their sentences. The goalis to warn other people.

The Supreme Court ruled that these measures are acceptable underthe Constitution. And the justices said that state officials did nothave to prove first that former sex offenders are still dangerous.

The court also said that such laws can now include sex criminalswhose crimes took place before Megan’s laws were passed.

VOICE TWO:

Family and work also brought Supreme Court action this term. Innineteen-ninety-four, Congress passed the Family and Medical LeaveAct. This law says most workers can take up to twelve weeks a yearoff work without pay to care for a family member. Workers can takean employer to court if they are unfairly dismissed.

Now the justices have ruled that people can seek money damageswhen states violate the federal law. In other cases, the court hassaid states are protected from such action.

The court also ruled on a case involving public libraries thatreceive federal money to offer Internet service. The justicesdecided that Congress can require the libraries to use programs thatblock offensive sexual material. The American Library Associationhad argued that such programs might also block importantinformation.

(MUSIC)

VOICE ONE:

Congress created the Supreme Court in seventeen-eighty-nine. Thepresident appoints the justices with Senate approval. They serve forlife. Currently the average age is close to seventy. The lastopening on the court was almost ten years ago.

The court normally begins its term in October. But this Septemberthe nine justices plan a special hearing on a new campaign financelaw. They must decide if restrictions on raising money and onadvertising violate the right of free speech.

The Supreme Court is one of the three major divisions ofgovernment. In eighteen-oh-three, Chief Justice John Marshalldeclared that the court could decide if laws passed by Congress wereconstitutional. Since then, the court has played an important partin examining actions taken by Congress as well as the president.

VOICE TWO:

The Supreme Court has helped make major changes in Americansociety. In eighteen-ninety-six, for example, the court said it waslegal to have separate public places for blacks and whites. Thecourt said this was legal as long as the places provided equalservice. Many American schools used that decision as a way to permitracial separation for almost sixty years.

VOICE ONE:

But the Supreme Court can change its mind. Innineteen-fifty-four, the court said racial separation in schools didviolate the Constitution. This ruling helped launch a major movementto gain racial equality for African Americans.

Not all Supreme Court cases result in such historic decisions.But some of the rulings from the term just ended will surely be feltin American life into the future.

(THEME)

VOICE TWO:

This program was written by Jerilyn Watson. I’m Faith Lapidus.

VOICE ONE:

And I’m Steve Ember. Join us again next week for another reportabout life in the United States on the VOA Special English program,THIS IS AMERICA.

Statcounter