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Newt Gingrich drafts a new contract for America

By Associated Press
Published January 9, 2005

WASHINGTON - The Supreme Court returns Monday with an ailing leader, pressure to rule quickly on the constitutionality of federal prison sentences and a slew of contentious issues to decide, from medical marijuana to Ten Commandment displays.

The former House speaker who led Republicans to power a decade ago said he soon will visit Iowa and New Hampshire to promote his book, try to influence public policy and keep his political options alive.

"Anything seems possible," including a White House race, Gingrich told the Associated Press.

The quotable and controversial former Georgia congressman, who now runs a consulting firm in Washington, is promoting Winning the Future: A 21st Century Contract with America. He seemed to welcome the thought that a book tour will increase speculation about his political aspirations.

"It never hurts to maximize opportunities. That's the American tradition," Gingrich said. "If I can influence the reporters and political activists in Iowa and New Hampshire, they will influence the candidates."

Asked if he might be a candidate himself, Gingrich said, "For an Army brat from Pennsylvania who became the only Georgia Republican in the House and the first Republican speaker of the House in 40 years, anything seems possible. I don't think it's very likely. On the other hand, if I have an impact on public policy and do it in a way that is exciting and positive, why wouldn't I want to do that?"

Gingrich said he hopes newspapers in Iowa and New Hampshire seize on issues raised in his book. "If that means that every candidate will be hit by those questions, at a minimum I have helped shape policy," he said.

"And, at a maximum, other things might happen," he said.

Republicans close to Gingrich said he privately has mused about running for president in 2008 or beyond. If nothing else, they said, Gingrich understands that talk could help sell his book, which goes on sale Monday.

Gingrich, who helped develop the "Contract with America" and end four decades of Democratic power in the House, built the book around a post-Sept. 11 update to the 1994 political manifesto.

He says America's early-century goals should be to defeat terrorism, stop driving God from public life, develop "patriotic" immigration and education policies, harness modern science and technology, and establish personal Social Security accounts.

While giving Bush credit for recognizing the threats posed by terror, Gingrich said U.S. intelligence capabilities are one-third of the size needed. On Iraq, he writes that the Bush administration erred by creating a U.S.-led provisional authority instead of quickly creating an interim government as it did in Afghanistan.

He also accused the administration of underestimating the effect of anti-U.S. propaganda and lacking a strategy to deal with insurgents. "This lack of strategic planning led to the tragedy of the Abu Ghraib prison scandal," Gingrich wrote.

@987$temp$ $STPT$ Paper:+ Date: 1/09/05+ Page: 5A+ Section: WORLD+ Byline: Associated Press+ Headline: Supreme Court returns to slate of volatile cases+

The most immediate concern is the health of Chief Justice William H. Rehnquist, who was diagnosed with thyroid cancer in October. He has been working part-time at the court for more than two weeks but still is too ill to return to the bench.

At 80, Rehnquist already was considered a top retirement prospect on a court that has had no turnover in a decade, a record. But justices try to time their departure's for the court's summer recess, to avoid 4-4 ties in cases.

Rehnquist's absence has yet to produce any tie votes. Even though he missed all the arguments in November and December, he has reviewed the cases and could vote if needed.

Besides Rehnquist, Justices John Paul Stevens, 84, and Sandra Day O'Connor, 74, are considered possibilities to leave this year.

Justices could rule as early as this week on whether the longtime system for sentencing federal defendants should be thrown out because it lets judges, rather than juries, decide factors that add years to prison time. Many judges have delayed sentencings while awaiting the high court's decision.

Other major cases involve whether states can execute juvenile killers, whether the federal government can prosecute people who use marijuana medicinally, and whether states can bar interstate wine sales over the Internet.

Some other big issues are still to be argued - or are awaiting an announcement on whether the justices will hear them.

Two February cases will be closely watched by local governments and land rights groups. They involve the government's power to take people's land or put limits on its use.

In early March, large crowds are expected when justices take up two cases that question the constitutionality of government displays of the Ten Commandments. The last major religion case was last year's challenge to the words "under God" in the Pledge of Allegiance. Justices settled the case without ruling on the merits.

March also brings a case that asks how U.S. authorities should deal with foreign nationals facing charges that could result in execution. In addition, there is an Internet dispute that questions whether file-sharing services may be held responsible when customers illegally swap songs and movies online.

Justices have a chance to add some controversial issues to their April calendar: Oregon's assisted suicide law; a Florida law that kept a severely brain-damaged woman, Terri Schiavo, alive over her husband's objections; a Florida law that bars gays from adopting; and an appeal questioning the Bush administration's strategy to hold military trials for terror suspects in Guantanamo Bay, Cuba.

"I don't think there's going to be any shortage of headlines," said Erwin Chemerinsky, a Duke University law professor.

PENDING SUPREME COUR T CASES

DEATH PENALTY: May states prosecute foreign nationals in death penalty cases without notifying their government, in violation of international law? (Medellin vs. Dretke, 04-5928.) Argument expected in March. Can people facing the death penalty be shackled in front of jurors during their sentencing hearing? (Deck vs. Missouri, 04-5293) Argument March 1.

LAND RIGHTS: When can local governments seize people's homes and businesses to be used for tax-producing projects like shopping malls? (Kelo vs. City of New London, 04-108.) Was it an unconstitutional taking when Hawaii imposed rent caps on dealer-run stations, intended to promote competition and keep down gas prices? (Lingle vs. Chevron USA, 04-163.) Arguments Feb. 22.

TEN COMMANDMENTS: Do government displays of the Ten Commandments at public buildings violate the First Amendment's ban on an "establishment" of religion? (Van Orden vs. Perry, 03-1500, and McCreary County vs. ACLU, 03-1693.) Arguments March 2.

FILE-SHARING: Should Internet file-sharing services be held responsible for their customers' illegal swapping of copyrighted songs and movies? (Metro-Goldwyn-Mayer Studios vs. Grokster, 04-480.) Argument expected in March.

CABLE INTERNET ACCESS: Is cable-based broadband a "telecommunications service" under FCC rules that would require cable companies to open their lines to Internet competition? (National Cable & Telecommunications Association vs. Brand X Internet Services, 04-277; FCC vs. Brand X Internet Services, 04-281.) Argument expected in March.

[Last modified January 9, 2005, 00:16:09]


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