High Court Bars Display Of Ten Commandments A WALL STREET JOURNAL ONLINE NEWS ROUNDUP June 27, 2005 10:26 a.m.
WASHINGTON -- A split Supreme Court struck down Ten Commandments displays in courthouses Monday, ruling that two exhibits in Kentucky cross the line between separation of church and state because they promote a religious message. The 5-4 decision was the first of two seeking to mediate the bitter culture war over religion's place in public life. In it, the court declined to prohibit all displays in court buildings or on government property. Justices left legal wiggle room, saying that some displays -- like their own courtroom frieze -- would be permissible if they are portrayed neutrally in order to honor the nation's legal history. But framed copies in two Kentucky courthouses went too far in endorsing religion, the court held. In other court action, the high court rejected appeals Monday from two journalists who have refused to testify before a grand jury about the leak of an undercover CIA officer's identity. The cases asked the court to revisit an issue that it last dealt with more than 30 years ago -- whether reporters can be jailed or fined for refusing to identify their sources. The justices' intervention had been sought by 34 states and many news groups, all arguing that confidentiality is important in news gathering. The court also ruled that cable companies may keep rival Internet providers from using their lines. The 6-3 decision is a victory for the Bush administration, which sought exclusive control to promote broadband investment from deep-pocketed cable companies, but critics say it could limit competition. Judges should defer to the expertise of the Federal Communications Commission, which concluded that limited access is best for the industry, the high court said in an opinion by Justice Clarence Thomas. More than 19 million homes have cable broadband service. At issue is whether cable Internet access is a "telecommunications service" under federal law that makes it subject to strict FCC rules requiring companies to provide access to independent providers. The FCC said no, voting in March 2002 to exempt cable companies from the strict rules to stir more investment. Spotlight on Rehnquist Meanwhile, ailing Chief Justice William Rehnquist, 80 years old, was widely expected to step down after the high court convenes to issue its final opinions of the term, and the spotlight is on potential successors. Most of the retirement speculation has focused on Justice Rehnquist, who has cancer, and Justice Sandra Day O'Connor, 75. On the list of possible successors are Judge J. Harvie Wilkinson III, who is believed to be on the Bush administration's short-list for the Supreme Court, and Judges J. Michael Luttig and Samuel Alito of the Third Circuit in Philadelphia, Michael McConnell of the 10th Circuit in Denver and John Roberts of the District of Columbia Circuit, as well as Attorney General Alberto Gonzales. The contenders long have been aware that they -- and some of their colleagues -- are being measured for possible elevation. People camped out overnight in Washington and hundreds lined up across the court plaza to get seats. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~| Discover CFTicket - The leading ColdFusion Help Desk and Trouble Ticket application http://www.houseoffusion.com/banners/view.cfm?bannerid=48 Message: http://www.houseoffusion.com/lists.cfm/link=i:5:162065 Archives: http://www.houseoffusion.com/cf_lists/threads.cfm/5 Subscription: http://www.houseoffusion.com/lists.cfm/link=s:5 Unsubscribe: http://www.houseoffusion.com/cf_lists/unsubscribe.cfm?user=89.70.5 Donations & Support: http://www.houseoffusion.com/tiny.cfm/54
