SUPREME COURT NOTEBOOK

Court to let woman sue over headscarf removal WASHINGTON (AP) -- The U.S. Supreme Court will let a Muslim woman sue Southern California jailers for making her take off her head scarf in a courthouse holding cell. The court refused to hear an appeal on Monday from Orange County, California, officials, who were sued in 2007 by Souhair Khatib. Khatib had gone to the Orange County Superior Court to ask for more time to complete her community service. But a judge ordered her jailed, and jailers forced Khatib to remove her head scarf. The 9th U.S. Circuit Court of Appeals rejected arguments that holding cells are not covered by a federal law protecting the religious practices of prisoners. It also ruled Khatib had the right to wear the scarf unless jailers could show it was a security risk. David Lawrence, an attorney representing Orange County, said he could not comment. Khatib's attorney, Mark Rosenbaum of the American Civil Liberties Union, said the case will now go back to district court, but he hopes it can be resolved outside the courtroom. Khatib filed the original lawsuit to get the sheriff's department to end their ban on head scarves in holding cells, he said. "I think it's a pretty blatant example of discrimination against Muslims, ... and Orange County can run its facility without this ban," he said in a phone interview. Khatib and her husband, both U.S. citizens of Lebanese descent, pleaded guilty in 2006 to a misdemeanor violation of welfare fraud and were sentenced to three years of probation and ordered to complete 30 days of community service within 120 days. The two reported to court on Nov. 1, 2006, two days before that term expired, to seek an extension. When the judge learned she had completed only 15 hours of service and her husband four, he ordered them jailed, according to Khatib's original lawsuit. She and her husband were released later in the day after the court entered a new judgment ordering them to complete their community service by Jan. 30, 2007. The case was Orange County, Calif., v. Souhair Khatib, 10-1505. Justices refuse to hear Maryland gun case WASHINGTON (AP) -- The Supreme Court won't hear a Maryland man's argument that the Second Amendment allows him to carry a gun outside of his home for self-defense. The high court on Monday refused to hear an appeal from Charles F. Williams Jr., who was arrested in 2007 for having his legally-purchased handgun outside his home without a state permit. The high court has ruled there is a right to keep a gun in the home for protection. But gun advocates say people also have the constitutional right to carry their guns outside the house for self-protection. Maryland courts say if the Supreme Court agrees with that theory "it will need to say so more plainly." The high court refused the opportunity on Monday. The case is Williams v. Maryland, 10-1207. Commandments display appeal turned away WASHINGTON (AP) -- The U.S. Supreme Court on Monday refused to hear the appeal of an Ohio judge wanting to display a poster of the Ten Commandments in his courtroom. The display has been covered with a drape since a federal judge ordered Richland County Common Pleas Judge James DeWeese to remove it in October 2009. DeWeese also had posted a label above it bearing the word "Censored." DeWeese that he is disappointed but knew his effort to get the Supreme Court to hear the case was a long shot, the Mansfield News Journal reported. "I will probably eventually take the display down," he told the newspaper. DeWeese hung the poster in his Mansfield courtroom in 2006 after the U.S. Supreme Court let stand lower-court rulings that another Ten Commandment poster he hung in 2000 violated separation between church and state. The American Civil Liberties Union of Ohio Foundation sued, and the 6th U.S. Circuit Court of Appeals in Cincinnati ruled the display endorsed religious views and was unconstitutional. The appeals judges rejected DeWeese's contention that the display was private religious expression protected by the Constitution, noting that the poster was in a public space and was placed on the wall by a sitting judge. The Supreme Court's decision not to hear the latest appeal should be the final word and "hopefully put an end to Judge DeWeese's misguided efforts to inject religion into the courtroom," Mike Honahan, a volunteer attorney for the ACLU, told The Associated Press. Justices will allow Iowa to force KFC to pay tax WASHINGTON (AP) -- The Supreme Court won't stop Iowa from forcing KFC Corp. to pay nearly $250,000 in corporate income taxes, even though it had no restaurants or employees in the state. The high court on Monday refused to hear an appeal from the fried-chicken giant, which wants a decision by that state's Supreme Court overturned. All KFC restaurants in Iowa are independent franchises, whose owners pay KFC for the use of its logo and systems. The company also requires franchises to adhere to its requirements for menu items, marketing and facilities. But the Iowa Department of Revenue and Finance assessed the company more than $248,000 in unpaid corporate income taxes, including interest and penalties, in 2001. The taxes were for 1997 to 1999. Delaware-based KFC challenged the assessment, claiming that under Iowa law it was not subject to taxes because it didn't have property in the state. But Iowa judges have not agreed with that argument, saying a physical presence is not required when a state taxes income. One judge said that "because KFC's marks and trademarks were an 'integral part of business activity occurring regularly in Iowa,' the income derived from the use of that property was taxable under Iowa law." The case is KFC Corp. v Iowa, 10-1340. Court turns away appeal on cell phone search WASHINGTON (AP) -- The Supreme Court has passed up a chance to decide whether police need a search warrant before they look at text messages and other information on the cell phones of people they have arrested. The justices on Monday rejected an appeal from Gregory Diaz, a California man suspected of taking part in a drug deal. Police found incriminating evidence in a text message when they searched Diaz's cell phone after his arrest. The California Supreme Court upheld the search of the cell phone because police generally are allowed to examine items they find on a person they have arrested. The Ohio Supreme Court ruled a similar cell phone search was improper, but the high court rejected an appeal of that ruling last year. The case is Diaz v. California, 10-1231. Judgment on voting machines thrown out WASHINGTON (AP) -- The Supreme Court has thrown out a ruling on the use of a certain electronic voting machine in Texas. The high court without comment declared moot an appeal of a ruling against Dallas County, Texas. That county was sued by the Texas Democratic Party over the use of iVotronic machines. They allow people to vote straight-party tickets, but if the voter subsequently touches any of the candidates in that party on the screen, their vote for that person is rescinded. Officials say the Justice Department approved the machines, but federal courts in Texas say the straight-line voting change was not explicitly approved. Chad Dunn, the lawyer for the Texas Democratic Party, said now the county must get preclearance from the Justice Department before using the machines. The high court declared the case against the machines moot since the Justice Department has now cleared the machines, and ordered another part back to court to decide a fight over attorney fees. Before machines, Dallas County used paper ballots. If a voter selected a straight ticket, and that party's candidate, his or her vote for that candidate would count. The cases are Dallas County v Texas Democratic Party, 10-755 and 10-1183. Justices will not order new trial for professor WASHINGTON (AP) -- The US Supreme Court will not order a new trial for a university professor convicted of giving foreigners access to sensitive data on military unmanned drones. The high court on Monday refused to hear an appeal from John Reece Roth. Roth got an Air Force contract to develop equipment used to control the flight of unmanned military drones. He allowed two foreign students access to sensitive data and equipment, and took some of the data with him on a trip to China. The Arms Export Control Act prohibits the export of defense-related materials to a foreign national or a foreign nation. Roth challenged his conviction but federal judges have upheld his conviction and four-year sentence. Court turns away lawsuit over Obama eligibility WASHINGTON (AP) -- The Supreme Court has turned away another challenge to President Barack Obama's eligibility to be president. The high court on Monday refused without comment to hear a challenge brought by conservative activist Alan Keyes and other members of the American Independent Party. They contend Obama wasn't eligible to be president because he was not born in the U.S., and thus not a citizen. U.S. courts, and the Supreme Court, have previously thrown out similar suits. Keyes wanted the certification of Obama's victory halted in California until there was documented proof by a state official that he was eligible to be president. The Supreme Court of California threw out the lawsuit. The case is Keyes v. Bowen, 10-1351. Justices refuse case over ballot substitution WASHINGTON (AP) -- The Supreme Court will not get involved in a Massachusetts dispute over whether election officials were within their rights to block the name of the Libertarian Party's national presidential candidate from the state ballot in 2008. The court on Monday refused to hear an appeal from Bob Barr and the state Libertarian party. The party had initially put a local presidential contender on its nomination papers. State officials said the party could not then substitute the name of national Libertarian candidate Barr. A judge intervened and Barr received less than 1 percent of the vote. The 1st U.S. Circuit Court of Appeals has said the state's ballot laws are nondiscriminatory and that Barr had enough time to collect the needed 10,000 signatures. The case is Barr v. Galvin, 10-1456. Survivors can't sue French railway WASHINGTON (AP) -- The Supreme Court won't let France's state-run railroad be sued in the United States by the descendants of Jews deported by train during World War II when France was occupied by Nazis. The French national rail network, known as SNCF, hauled 76,000 French and other European Jews to Germany, where they were sent on to death camps. Fewer than 3,000 returned alive. U.S. courts have thrown out lawsuits demanding France's state railway network compensate the families of the deportees, saying the cases case do not fall within their jurisdiction. The Supreme Court on Monday also refused to hear a similar lawsuit. The case is Freund v. Societe Nationale des Chemins de Fer Francais, 10-1314. Appeal from software reseller turned down WASHINGTON (AP) -- The Supreme Court won't reopen a decision blocking an online merchant from selling unopened secondhand software. The high court on Monday refused to hear an appeal from Timothy S. Vernor, who wanted to sell unopened software made by Autodesk Inc., on eBay. The Supreme Court has ruled that copyright holders can't prevent a buyer from reselling or renting a product after an initial sale. That principle, called the first sale doctrine, allows used book and music stores to operate. But the 9th U.S. Circuit Court of Appeals ruled that the original purchasers of Autodesk were licensees, not owners of the software. The judges said that means the first-sale doctrine didn't apply and Vernor could not resell the software. The case is Vernor v. Autodesk, Inc., 10- 1421. Published: Wed, Oct 5, 2011