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Breaking News -- Health care bill clears first Senate hurdle on party-line vote
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Court rulings loom on campaign funds, civil rights
By MARK SHERMAN
Associated Press
July 1, 2009

WASHINGTON (AP) -- The Supreme Court will have a new look -- and perhaps a new member -- but the same right-of-center tilt when the justices return in late summer to deal with unfinished business about money in campaigns.

Some justices will change seats with the retirement of Justice David Souter, with the more senior justices closer to the center of the bench. But the conservatives still should be able to muster majorities in the areas of civil rights and campaign cash.

The court suggested this week, but did not conclusively resolve, that it will be a conservative bulwark against both government and private efforts to promote diversity. Even parts of such iconic laws as the Civil Rights Act of 1964 and the Voting Rights Act of 1965 could face a rocky road in the years ahead.

So could federal and state laws that seek to curtail the influence of money in elections.

The court's action Monday in a campaign finance case strongly hinted that its conservatives will be able to overturn long-standing limits on corporate and union money in federal elections. The justices scheduled a new round of arguments for Sept. 9 in a case they first heard in March concerning whether a movie critical of Hillary Rodham Clinton's candidacy for president should be regulated as a campaign ad.

By that time, President Barack Obama hopes the Senate will have confirmed his high court nominee, Sonia Sotomayor, so that she can take part in the case, although her vote is not likely to affect the outcome. Sotomayor was named to replace Souter, and her votes would be expected to track his in many cases.

The justices decided 75 cases in the term that began last October, including 22 by 5-4 votes and 12 more in which the votes were 6-3. Many of those 5-4 decisions, like Monday's ruling finding that white firefighters in Connecticut suffered discrimination on the basis of race, came out in the usual conservative-liberal alignment.

Justice Anthony Kennedy wrote the majority opinion that held that voluntary efforts by governments and private employers to promote diversity can be vulnerable to reverse discrimination claims.

In several big, contentious cases, the court unexpectedly reached consensus by ruling very narrowly. The voting rights decision was one such example.

Eight justices signed onto an opinion that left intact a key component of the landmark civil rights law but also acknowledged that its continued existence poses "a difficult constitutional question" that they chose not to answer this time around.

But in expressing concern about aspects of the law, and Congress' actions in renewing it in 2006, the court laid down a marker that could lead to a "later decision invalidating the statute if it is not amended," said Tom Goldstein, a Washington lawyer who follows the court closely.

Similarly, Justice Antonin Scalia, in a separate opinion in the firefighters' case, predicted that the court soon would have to wrestle with whether a portion of the 1964 civil rights law is at odds with the Constitution. The court avoided the constitutional issue in Monday's decision.

>> Continued -- Page 1 2

Copyright 2009 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

 

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