Early Preview of the 2013–14 SCOTUS Term
August 22, 2013
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Street Law staff are watching the Supreme Court’s docket for next term with an eye out for cases that will work well in the classroom.
Fernandez v. California
This is a case about giving consent for a search. Walter Fernandez objected to police officers entering his apartment, but was later arrested and removed. Roxanne Rojas, a co-tenant, then consented to a search of the home. Therefore, the Court is addressing whether a defendant must be personally present and objecting to a search, or whether his previously stated objection is a continued assertion of his Fourth Amendment rights that cannot be overridden by a co-tenant.
Town of Greece v. Galloway
This is a case about the proper separation of church and state—specifically, whether a legislative prayer practice violates the First Amendment’s Establishment Clause. The Town of Greece, New York regularly opened its Town Board meetings with a short prayer. The Court will address whether a prayer practice is unconstitutional when, under the totality of the circumstances, it conveys to a reasonable objective observer that there is an official affiliation with a particular religion.
