Bonus: SCOTUS hears "enemy combatant" habeas corpus case

Today in Washington, the SCOTUS is hearing arguments about whether American citizens, captured by the American military in Iraq and held as "enemy combatants," should have access to the US court system before they are handed over to Iraqi courts. Listen to the NPR story for more info.

Homework due March 25

A member of the Seventh-day Adventist Church had a job in a textile mill. The mill switched from a five-day to a six-day workweek, including Saturdays. Seventh-Day Adventists, as part of their faith, observe Saturday as the Sabbath, so she refused to work that day. For refusing to work on Saturday, she was fired. She could not find any other work (because she refused to work on Saturday) and applied for unemployment compensation.

Typically, a person is only eligible to receive unemployment benefits if (1) they become unemployed through no fault of their own (e.g., as a result of a layoff); and (2) they take any acceptable job offers that come their way. Since she was fired based on her refusal to work, and she refused to accept other jobs (that also required Saturday hours), the state denied her request for unemployment compensation.

Does the state's refusal to pay unemployment benefits violate the Free Exercise clause of the First Amendment? Explain.

Bonus: WA student privacy rights news

The state Supreme Court ruled Thursday that forcing students to submit to suspicionless drug testing (as allowed under federal law) violates the state Constitution.

Lee v Weisman (1992)

Public middle and high schools in Providence (RI) allowed prayers during their graduation ceremonies. Over the years, the prayers were celebrated by ministers of different faiths. After a high school graduation in which an invited rabbi offered an invocation thanking God "for the legacy of America where diversity is celebrated," and a benediction in which he observed "O God, we are grateful for the learning which we have celebrated on this joyous commencement," a parent sued the district for violating the Establishment Clause.

County of Allegheny v ACLU of Greater Pittsburgh (1989)

For several years, the city permitted the Holy Name Society, a Catholic group, to display a nativity scene in the County Courthouse during the Christmas season. Also, at another county building, during the month of December the county government displayed a large Christmas tree and a menorah, along with a sign explaining how the county celebrates liberty.

Homework due March 19

In Lemon v Kurtzman (1971), the unanimous court adopted the following test to be used in Establishment Clause cases. A law must meet all three of the following conditions; otherwise it violates the First Amendment:

1. the law must have a secular legislative purpose
2. the law’s primary effect must be one that neither advances nor inhibits religion
3. the law must not foster an excessive government entanglement with religion

Choose one of the two cases in the following posts, and, in the comments for that post, explain why you think the government action does or does not violate the Establishment Clause.