One of several important cases before the high court during its fall calendar which opened in October, Chicago vs. Morales (97 -1121) will test the mettle of how serious this country is about gang violence. Essentially at issue is this: In the interest of curbing potential criminal activity, can police officers arrest suspected gang members who are not committing crimes but merely gathering or loitering on street corners or in public places? The Windy City enacted a law in 1992, giving its officers broad authority to do just that, but state courts in Illinois struck it down, citing a 1965 case as precedent. That case involved a black man, picketing outside a "whites-only" department store in Alabama, who was jailed and sentenced to nearly a year of hard labor because he "failed to move on."
If today's conservative-leaning Supreme Court overrules Illinois, many major cities are expected to enact ordinances similar to Chicago's, which in our view, would be not only appropriate but long overdue.
The broad sweep of too many liberal high court rulings hampering police efforts could be under attack in this instance and we hope that it is. In the late 1960s and early '70s, a very left-tilting court brought down numerous local ordinances across the land that, for years, had allowed police wide powers to clear city streets of people considered undesirable. Those laws authorized arrests of loiterers and vagrants and were some of the more popular tools in every officer's shop bag, and for good reason.
In these troubled times of gang and youth violence that reaches every corner of this country, the import of a Supreme Court decision in favor of police authority, would be significant and we1comed.
Two other fall cases before the court of interest to law officers that may be resolved by the time you read this are: