WASHINGTON (AP) _
The Supreme Court plunged into its new term Monday with a high-stakes
dispute between businesses and human rights groups over accountability
for foreign atrocities. The next nine months hold the prospect for major
rulings on affirmative action, gay marriage and voting rights.
The term that concluded in June set a high bar for drama and
significance, and the new one holds considerable potential as well.
Cases involving some of the most emotional issues in American life are
likely to be decided after voters choose a president and new Congress
next month.
Meeting on the first Monday in October, as required by law, the
justices entered the crowded marble courtroom for the first time since
their momentous decision in late June that upheld President Barack
Obama's health care overhaul.
The decisive vote in favor of Obamacare, Chief Justice John
Roberts was smiling as he led the justices into the courtroom just after
10 a.m. The conservative chief justice will be watched closely in the
coming months for any new indications of a willingness to side with the
court's liberals, as he did in the health care case.
The lineup of justices was the same as in June, but the bench had
a slightly different look nonetheless. Justice Antonin Scalia was
without the glasses he no longer needs following cataract surgery over
the summer.
The exterior of the building also looked different. The familiar
columns are sheathed in scaffolding, which itself is covered in fabric
made to look like the iconic front of the court.
Roberts formally opened the term, and the court turned quickly to
its first argument, which could have far-reaching implications.
The dispute involves a lawsuit against Royal Dutch Petroleum, or
Shell Oil, over claims that the company was complicit in murder and
other abuses committed by the Nigerian government against its citizens
in the oil-rich Niger Delta.
Human rights groups are warily watching the case because it would
be a major setback if the court were to rule that foreign victims could
not use American courts, under a 1789 law, to seek accountability and
money damages for what they have been through.
The justices appeared ready to impose some limits, but it was
unclear how far the court would go to shield businesses and perhaps
individuals as well, from human rights lawsuits under the 223-year-old
Alien Tort Statute.
Justice Samuel Alito said the Nigerian case has no connection to
this country because the businesses, the victims and the location of the
abuse all are foreign. ``Why does this case belong in the courts of
the United States?'' Alito asked.
Among other concerns raised by the justices was the prospect that
U.S. firms could ``be sued in any country in any court in the world,''
in Justice Anthony Kennedy's words.
The Obama administration is partly on the oil company's side in
this case. ``There just isn't any meaningful connection to the United
States,'' Solicitor General Donald Verrilli Jr. said.
But Verrilli also said the court should not issue a broad ruling
that would foreclose all similar lawsuits even when the corporation
being sued is American. The administration is not endorsing such
lawsuits, but argues that the broader question should wait for an
appropriate case. U.S. allies also oppose a broad interpretation of the
law.
The Alien Tort Statute went unused for most of American history
until rights lawyers dusted it off beginning in the late 1970s. Lawsuits
have been brought against individuals who allegedly took part in abuses
and, more recently, against companies that do business in places where
abuses occur as well as in the United States.
Paul Hoffman, a Venice, Calif.-based lawyer who represents the
Nigerian victim, drew a parallel to Nazi Germany and the role played by
chemical giant I.G. Farben in supplying Nazi death camps with poison
gas.
``Is it the case that a modern-day I.G. Farben would be exempt from the Alien Tort Statute?'' Hoffman said.
Business interests argue they are being subjected to claims over
the bad behavior of foreign regimes, which are shielded from lawsuits
here under U.S. law.
The court first heard the case in February to consider whether
businesses could be sued under the law. But the justices asked for
additional arguments about whether the law could be applied to any
conduct that takes place abroad.
A decision is expected by spring.
The first blockbuster case on the court's calendar is Oct. 10,
when the justices will hear arguments in a fight over the University of
Texas' affirmative action program. Texas uses multiple factors,
including community service, work experience, extracurricular
activities, awards and race, to help fill 20 to 25 percent of the spots
in its freshman classes. The outcome could further limit or even end the
use of racial preferences in college admissions.
The court also is expected to confront gay marriage in some form.
Several cases seek to guarantee federal benefits for legally married
same-sex couples. A provision of the 1996 Defense of Marriage Act
deprives same-sex couples of a range of federal benefits available to
heterosexual couples.
Several federal courts have agreed that the provision of the law
is unconstitutional, a situation that practically ensures the high court
will step in.
A separate appeal asks the justices to sustain California's
Proposition 8, the amendment to the state Constitution that outlawed gay
marriage in the nation's largest state. Federal courts in California
have struck down the amendment.
The justices may not consider whether to hear the gay marriage issue until November.
Another hot topic with appeals pending before the high court, and
more soon to follow, is the future of a cornerstone law of the civil
rights movement.
In 2006, Congress overwhelmingly approved, and President George
W. Bush signed, legislation extending for 25 more years a critical piece
of the Voting Rights Act. It requires states and local governments with
a history of racial and ethnic discrimination, mainly in the South, to
get advance approval either from the Justice Department or the federal
court in Washington before making any changes that affect elections.
The court spoke skeptically about the provision in a 2009
decision, but left it mostly unchanged. Now, however, cases from
Alabama, North Carolina, South Carolina and Texas could prompt the court
to deal head-on with the issue of advance approval. The South Carolina
and Texas cases involve voter identification laws; a similar Indiana law
was previously upheld by the court.
It is unclear when the justices will decide whether to hear
arguments in those cases. Arguments themselves would not take place
until next year.
The court itself has largely been absent as an issue on the
presidential campaign trail. But the justices could become enmeshed in
election disputes, even before the ballots are counted. Lawsuits in Ohio
over early voting and provisional ballots appear the most likely to
find their way to the justices before the Nov. 6 election, said Richard
Hasen, an election law expert at the University of California at Irvine
law school.
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