Scalia wrote that the purely civil nature of the commitment statute blocked any Fifth Amendment challenge, which only relate to criminal laws.
Should it be used otherwise, the Seventh Circuit panel wrote, the students would be free to renew their Fourth Amendment challenges.
Mr. Siegel, a lawyer, predicted that many more suits would be fought in coming months to protect "major First Amendment challenges."
The administration believed that any search or surveillance conducted by the National Security Agency of US citizens communicating with foreign nationals abroad was immune to a Fourth Amendment challenge.
In the United States, there have also been Fifth Amendment challenges and medical privacy (e.g., HIPAA) objections to this.
Since Heller, the United States courts of appeals have ruled on many Second Amendment challenges to convictions and gun control laws.
There will be some major 10th Amendment challenges coming up, esp if HCR passes.
Metro Broadcasting Inc. v. F.C.C. involved a Fifth Amendment challenge to two race-based policies of the Federal Communications Commission.
The second case the court turned down today was Haney v. United States, No. 01-8272, a Second Amendment challenge to the federal prohibition on owning machine guns.