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June 21, 2010

A mostly civil morning at the Supreme Court, with a terror prosecution ruling on the side

As super SCOTUS fans know, we are coming down to the wire with the current Supreme Court Term.  Though the Court has already resolved most of the top sentencing cases I flagged here at the start of the Term, criminal justice fans still have good reason to be eagerly awaiting rulings on honest services fraud and Second Amendment incorporation and a few other crime cases.  However, as SCOTUSblog is reporting this morning, today the Supreme Court dealt mostly with the civil side of its docket and thus we will have to wait until this Thursday or next Monday (or maybe even later) for some big criminal justice fun.

Today did bring a criminal justice ruling concerning First Amendment issue in Holder v. Humanitarian Law Project. Here is how SCOTUSblog report the ruling:

Chief Justice Roberts writes for the majority, affirming in part, reversing in part, and remanding Monday. The vote is 6-3, with Breyer dissenting, joined by Ginsburg and Sotomayor

The Court rules that the federal material support statute is constitutional as applied to the particular kinds of support that the parties in this case seek to provide to foreign terrorist organizations. The Court concludes that, as applied to these individuals and groups, the statute does not violate the free speech clause of the First Amendment.

The full opinion in HLP is available here.

June 21, 2010 at 10:26 AM | Permalink


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