2- The Michigan Daily - Wednesday, December 3, 2003
HIGH COURT WEIGHS IN
NEWS IN BRIEF1
HEDI S. I A U
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Joshua Davey stands outside the U. S. Supreme Court in Washington yesterday after oral arguments in
Davey's suit to overturn Washington state's ban on using public money for religious purposes.
Court: Police oy have to wait 20
seconds to enter drug suspects' homes
e i zoos
WASHINGTON (AP) - The Supreme
Court justices appeared deeply divided
yesterday in a church-state case involving
a college student who lost his taxpayer-
funded scholarship because he chose to
major in theology.
In a case with implications for President
Bush's plan to allow more church-based
organizations to compete for government
money, the administration's top Supreme
Court lawyer argued it was improper for
Joshua Davey to lose the Promise Scholar-
ship he was awarded by the state of Wash-
ington. The scholarship was rescinded after
Davey declared his major because state offi-
cials deemed it an unconstitutional blending
of church and state.
"It's treating religion differently from
non-religion," Justice Antonin Scalia told
Washington's lawyer, Narda Pierce. "You
can study anything you like and get it subsi-
dized, except religion. Why does that not
violate the principle of neutrality?"
The Bush administration backs Davey,
arguing that states cannot discriminate
against religious education.
"The Promise Scholarship program prac-
tices the plainest form of religious discrimi-
nation," Solicitor General Theodore Olson
told the justices during a lively hourlong
argument session. "The clear and unmistak-
able message is that religion and preparation
for a career in the ministry is disfavored."
Several justices seemed skeptical, sug-
gesting that the country has long had a
hands-off policy when it comes to the train-
ing of clergy and that states have consider-
able leeway in choosing how to spend
money. Justice Stephen Breyer told Olson
that the Supreme Court could force a vast
reordering of government spending if it
sides with Davey.
A broad ruling that Davey had a constitu-
tional right to the scholarship money would
mean government would have to be careful
not to exclude.religious programs or organi-
zations in many areas, like government con-
tracting and medical programs, Breyer said.
Russia set to reject global warming accord
In what would be a mortal blow to the accord aimed at halting global warming,
a top Kremlin official said yesterday that Russia won't ratify the Kyoto Protocol
limiting greenhouse gas emissions because it will hurt the country's economy.
The United States rejected the accord for the same reason. Without Moscow,
the protocol cannot come into effect even if approved by every other nation
because only Russia's industrial emissions are large enough to tip the balance.
The pollution cuts required by the treaty would slow the economic growth that
President Vladimir Putin has made a major priority, said top adviser Andrei Illari-
onov. "In its current form, the Kyoto Protocol places significant limitations on the
economic growth of Russia," Illarionov told reporters in the Kremlin on the side-
lines of Putin's meeting with European business leaders. "Of course, in its current
form this protocol can't be ratified."
Earlier this fall, Putin cast deep doubts on Moscow's willingness to ratify the
protocol, but he had not ruled it out entirely.
A Russian Economics Ministry spokesman, Konstantin Bogdanov, said yesterday
he was unaware of any change in Russia's official position, which has been that it is
still considering the protocol. However, Illarionov said it would be unfair for Russia
to curb emissions and stymie its own growth while the United States and other
nations, which account for the bulk of global emissions, refuse to join the pact.
Police: Gun connects 12 Ohio shootings
Twelve shootings along a five-mile stretch of interstate this year are con-
nected, including one that killed a woman, police said yesterday.
Four of the shootings - three at vehicles and the one that broke an ele-
mentary school window last month - were from the same gun, Franklin
County Sheriff's Chief Deputy Steve Martin said.
Although ballistics tests could not link the remainder of the shootings
along Interstate 270, investigators said they "are comfortable" saying all 12
are connected, he said. He would not elaborate.
The shootings began in May along Interstate 270 in southern Columbus.
On Nov. 25, 62-year-old Gail Knisley was struck by a bullet that pierced
the side of the car she was in. Many previous shootings have been reported
Authorities, who have received more than 500 tips, would not speculate
on whom the shooter might be and would not release the type of weapon.
"Collectively, we think it's not good for us to put that information out,"
WASHINGTON (AP) - After knocking, police
don't have to wait longer than 20 seconds before break-
ing into the home of a drug suspect, a unanimous
Supreme Court ruled yesterday in a case involving a
man who said he needed more time to get from the
shower to the door.
LaShawn Banks emerged soapy and naked to find
masked, heavily armed officers searching for drugs in
his Las Vegas apartment in 1998. His case gave the
court its first opportunity to say how long police must
wait before breaking into a home to serve a warrant.
The court didn't set a specific standard but said the
brief delay in the Banks case was long enough. Any
more time would give drug suspects an opportunity to
flush evidence down the toilet.
Justice David Souter, writing for the nine justices,
'said while "this call is a close one, we think that after 15
or 20 seconds without a response, police could fairly
suspect that cocaine would be gone if they were reticent
He noted the unfortunate timing of the afternoon raid,
which brought Banks "out dripping to confront the
police." But police didn't know Banks was in the show-
er, he said.
Banks' lawyer, Randall Roske, criticized the ruling,
saying it will lead to aggressive searches.
"Police are going to read this as, 'Knock and
announce and kick the door in,' " he said.
The Supreme Court has said that in most cases,
police armed with court warrants to search for drugs
must knock and announce themselves, otherwise they
run afoul of the Constitution's Fourth Amendment ban
on unreasonable searches. There are exceptions, such as
when police have reason to believe a suspect would be
Although yesterday's ruling did not spell out exactly
how long is a reasonable time to wait before executing
warrants for drugs or other contraband, it's likely many
officers in drug cases will follow Souter's reasoning and
feel waiting 15 to 20 seconds is appropriate.
"This gives officers the leeway they were taking
throughout the country," said George Washington Uni-
versity law professor Stephen Saltzburg. "This is a case
that suggests great deference to the police."
Execs work to keep
costly PC security out
Technology executives are trying to
convince the Homeland Security Depart-
ment that costly new computer-security
rules aren't needed, arguing their compa-
nies are already taking aggressive steps
to defend against hackers. The behind-
the-scenes lobbying is paying dividends.
The administration is reconsidering its
support for a plan requiring publicly trad-
ed companies to describe their hacker
defenses to securities regulators.
That proposal was among the earli-
est outgrowths of the Bush administra-
tion's strategy for securing cyberspace.
Now industry lobbyists and academics
are being given a chance to rewrite the
proposed legislation to make it more
palatable to them. The influence of
industry groups like the Information
Technology Association of America
and the Business Software Alliance in
shaping the administration computer-
security policy has impressed some
Congress to vote on
A Texas oil museum, a Nevada
swimming pool and a military cargo
terminal proposed for Philadelphia are
among thousands of winners in the
huge year-end spending bill that Con-
gress could vote on soon.
The legislation has $373 billion to
finance highways, the Department of
Health and Human Services and most
of the government's other domestic
agencies and programs for the budget
year that started Oct. 1. Disputes over
overtime pay, federal records on gun
purchasers and other issues are threat-
ening its final passage when the House
and Senate return next week for brief
Disney CEO draws
ire of executives
With two once-strong allies turning
on him, Michael Eisner's micro-manag-
ing style of leadership at the Walt Dis-
ney Co. is again getting scrutinized.
Still, industry experts say Eisner may
hold what Disney needs to weather a dif-
ficult period and also what will help him
survive the latest challenges to the chief
executive's position he took in 1984.
Roy Disney and Stanley Gold
have called on Eisner to resign, say-
ing he is to blame for a tumbling
stock price, embarrassing manage-
ment missteps and a focus on short-
term profits over the company's core
- Compiled from Daily wire reports.
U.S. troops target,
EAGHDAD, Iraq (AP) - Workers
b|an demolishing gigantic bronze busts
obfSaddam Hussein in Baghdad yester-
day, while U.S. troops to the north
asested at least 20 insurgents in a raid
': both moves aimed at stamping out
lg'alty to Iraq's ousted regime.
Iraqi police said a senior former
member of Saddam's elite Republican
duard was among those captured in
I-awija, 155 miles north of Baghdad.
I1 wever, the U.S. troops failed to catch
tlje target of the raid - Izzat Ibrahim al-
IBouri, considered a key planner of
attacks against U.S. troops.
".Also in the north, insurgents kept up
afkacks against American-led forces,
with a soldier of the 4th Infantry Divi-
sion killed in a roadside explosion in
Samarra, the scene of deadly weekend
battles between Americans and Iraqis.
Meanwhile, relatives of U.S. troops
visiting Iraq pressed their agenda to
meet with leaders of the occupation
authority, hoping to voice their opposi-
tion to the U.S.-led occupation.
One mother held back tears while
looking at U.S. soldiers guarding the
entrance of the Habbaniyah military
base in Baghdad. "They are so young.
This is not for them - They look just
like my boy," said Annabelle Valencia,
whose daughter, 24, and son, 22, are
both based in Iraq.
Continued from Page 1
moving in a different direction, I want to
be part of that movement."
Engineering sophomore Josh Traylor
said attending the event made him want
to learn more about the issues facing the
Native American community on cam-
pus. He was intrigued by conversation
about whether the name of the organiza-
tion should be changed, and what the
lack of recognition "that the name could
ever be offensive" means about the way
Native Americans are viewed.
Traylor said there would be little
debate if a group or sports team took on
a name related to another ethnic identity.
"(The members present from
Michigamua) basically seem to deny
anything about the name being an imita-
tion of Native American culture, but
when I was bringing up sports teams,
the Braves, the Redskins - when I
brought in other races to it, it's very clear
cut, 'no that's wrong,' " he said. "But
when it comes to Native Americans,
basically it seems like they're a group
that has yet to win respect from all parts
Last night's event was part of an effort
to educate a new group of students,
many of who were not around like he
was when recent history with regard to
these issues was being made, said Edgar
Garza; president of Lambda Theta Phi.
He added that students should make an
effort to look into their campus' past.
"This is a really old school and a lot
of prejudiced things have happened on
campus. This is just a part of it' he said.
"(Michigamua) still exists. They said
they stopped using the Native American
rituals and sacred practices in their
.everyday practices but they also said that
in 1989 and it turned out they were still
Steven Abbott, coordinator for Native
American Student Services for Multi-
Ethnic Student Affairs, said he hoped
the event would raise awareness of how
the Native American community has
been treated at the University.
He spoke of both the importance of
remembering the history and the rele-
vance of the debate that took place fol-
lowing the presentation.
"I think the dialogue's out there -
both communities were able to present
their sides of the story. I don't know how
much of a conclusion there will ever be
to this, but I think the point was made
very clearly that Michigamua's history is
part of its present," he said. "Whether or
not it's embraced or recognized by its
current members, it's still very present
for the Native community and others."
The event was presented by the
Native American Student Association
and Lambda Theta Phi Latin fraternity.
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The University of Michigan College of Literature,
Science, and the Arts presents a public
lecture and reception
Art in Postwar
Europe and America
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