The Free Press, Mankato, MN

State, national news

October 6, 2013

Supreme Court term begins with contentious topics

(Continued)

Among other top cases already set for review:

■ Greece, N.Y., a suburb of Rochester, is asking the court to uphold its practice of opening town council meetings with a prayer, despite an appeals court ruling that found the invocations a violation of the First Amendment because they almost always were Christian prayers. The court could use the case to rule that courts should take a more hands-off approach to religion in the public square or it could hold more narrowly that the town's practice is consistent with a 1983 decision upholding prayer at the start of government meetings.

■ Mount Holly, N.J., is defending a plan to demolish and redevelop a rundown neighborhood against claims that it discriminates because it disproportionately affects African-American and Latino residents. At issue is whether there also must be an intent to discriminate under federal housing law. The issue affects a range of transactions involving real estate and applies to banks and mortgage companies as well as governments, such as the one involved in this case.

■ Michigan is fighting to preserve a constitutional amendment that bans the use of racial preferences in education after a federal appeals court ruled that the constitutional ban is itself discriminatory. This case, unlike last term's look at a University of Texas admissions plan, does not involve the viability of affirmative action, but rather whether opponents of racial preferences can enshrine that ban in the state constitution.

■ Massachusetts is defending a law that creates a 35-foot buffer zone at abortion clinics to limit protesters' ability to interact with patients. The court upheld a buffer zone law in Colorado in 2000, but Roberts and Alito have replaced members of that majority and are considered more sympathetic to the free-speech claims of the protesters.

While several cases call into question high court precedents, the justices will be writing on a blank slate when they take up the president's recess appointment power under the Constitution.

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