From: Breaking Legal News
The Supreme Court will decide the constitutionality of a federal
law that permits sex offenders to be kept behind bars after they
complete their prison terms. The justices, acting Monday, say they
will consider the Obama administrations appeal of a lower court
ruling that invalidated the law.The 4th U.S. Circuit Court of
Appeals in Richmond, Va., ruled in January that Congress
overstepped its authority when it enacted a law allowing for
indefinite commitment of people who are considered quotsexually
dangerous.quotIn April, Chief Justice John Roberts granted an
administration request to block the release of up to 77 inmates at
a federal prison in North Carolina. These were people whose prison
terms for sex offenses were ending. The justices order was designed
to allow time for the high cou...
Respond to this topic on your own blog
Click and press Ctrl+C to copy and paste this discussion on your blog or site
Related Articles
Supreme court to decide federal sex offender law
The U.S. Supreme Court said Monday that it would decide whether
Congress may adopt a federal law that keeps sex offenders in
custody indefinitely after they complete their prison sentences.br
span id"midArticle1"spanpThe high court agreed to hear an Obama
administration appeal seeking to reinstate a 2006 law providing for
the continued detention of "sexually dangerous" convicted federal
inmates who have served their prison terms.pspan
id"midArticle2"spanpA U.S. appeals court based in Virginia struck
down the law for exceeding the limits of congressional authority
and intruding on police powers Constitution reserves for the
states, many of which have similar laws.pspan
id"midArticle3"spanpThe law had been challenged by five inmates who
had been kept in custo...
2nd Circuit: Claim, Appeal Count as 2 'Strikes' Under Prison Law
A dismissed complaint and subsequent appeal on the same issue
constitute two separate "strikes" against a prisoner under a
federal law limiting frivolous prison litigation, a federal appeals
court has ruled. The 2nd U.S. Circuit Court of Appeals said the
Prison Litigation Reform Act of 1995, which limits "actions"
brought by prisoners, divides the underlying case and appeal from
the dismissal of that case into two actions for purposes of the
"three-strikes" litigation rule.
Obama administration seeks to kill Gitmo lawsuit
A federal appeals court has temporarily A 2008 Supreme Court
ruling giving Guantanamo Bay prisoners the right to challenge their
indefinite detention does not apply in the case of two detainees
who committed suicide, the Obama administration says in newly filed
court papers.The Justice Department made the argument in a lawsuit
brought by the families of two Saudi detainees who, according to
the U.S. government, hanged themselves at the island prison on the
same day in June 2006 after more than four years in captivity.A
year and a half ago, the Supreme Court overturned part of the
Military Commissions Act of 2006 that had stripped federal courts
from hearing challenges to the indefinite detention of hundreds of
Guantanamo Bay prisoners.The decision "had no effect" on another
provision...
Court takes up free-speech case of pit bull videos
Supreme Court justices on Tuesday indicated that a federal law
aimed at graphic videos of dog fights and other acts of animal
cruelty goes too far in limiting free speech rights.The court heard
argument on the Obama administration's appeal to reinstate a
10-year-old law that bans the production and sale of the videos. A
federal appeals court struck down the law and invalidated the
conviction of Robert Stevens of Pittsville, Va., who was sentenced
to three years in prison for videos he made about pit bull
fights.Several justices suggested that the law is too broad and
could apply, for instance, to people who make films about
hunting."Why not do a simpler thing?" Justice Stephen Breyer asked
an administration lawyer. "Ask Congress to write a statute that
actually aims at the frightful things...
High court will review 'S&M Svengali' case
The Supreme Court has agreed to consider reinstating the sex
trafficking and forced labor conviction of a man dubbed the
"S&M Svengali."The justices said Tuesday they will hear an
appeal filed by federal prosecutors in the case of Glenn Marcus,
convicted after a sensational trial that dealt with mutilation and
extreme humiliation. Arguments will be held early in 2010.Last
year, the 2nd U.S. Circuit Court of Appeals ruled the conviction
violated the Constitution because Marcus was convicted of breaking
a law, the 2000 Trafficking Victims Protection Act, that wasn't in
place when some offenses happened.In September 2007, Marcus was
sentenced to nine years in prison for abusing a woman he
photographed for his Web site, which reveled in sadomasochism. She
was identified only as "Jodi."Just...
