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Friday, November 20, 2009 "Prison holds promise for job-strapped town; Politicians can argue about detainee danger, but work is work": Saturday's edition of The Washington Post will contain an article that begins, "On the edge of a cornfield 150 miles from Chicago lies a prison, all but vacant, that could become the new Guantanamo." And The Kansas City Star has a news update headlined "Ashcroft says trying terrorists in federal court jeopardizes U.S. safety." "Ex-Smoker Wins Against Philip Morris": Saturday's edition of The New York Times will contain an article that begins, "Legal experts predict that thousands of tobacco lawsuits could gain momentum in Florida after a Fort Lauderdale jury ordered Philip Morris USA to pay $300 million to a former smoker who says she needs a lung transplant." Posted at 10:30 PM by Howard Bashman "These Men Could Kill SarbOx: Two tenacious Washington lawyers have the Sarbanes-Oxley Act in their sights--and they just might take it down." BusinessWeek posted this article online yesterday. Posted at 10:22 PM by Howard Bashman "Judge: Ciavarella, Conahan immune from civil suits for in-court actions." The Citizen's Voice of Wilkes-Barre, Pennsylvania has a news update that begins, "A federal judge has ruled that former judges Michael T. Conahan and Mark A. Ciavarella Jr. are immune from damages in civil suits stemming from the kids-for-cash scandal for actions they took in court, but not for their out-of-court actions." And The Associated Press reports that "2 Pa. judges given partial immunity in civil suit." You can access today's ruling of the U.S. District Court for the Middle District of Pennsylvania at this link. "$6M verdict upheld in McDonald's strip search case": The Associated Press has a report that begins, " A Kentucky appeals court upheld a $6.1 million award to a former fast food worker who was forced to strip in a McDonald's restaurant office after someone called posing as a police officer." And NBC affiliate WAVE 3 TV in Louisville, Kentucky reports that "Appeals court upholds $6 million award in McDonald's strip search case." You can access today's ruling of the Court of Appeals of Kentucky at this link. "What the Law Commands": At the "Opinionator" blog of The New York Times, Linda Greenhouse has a post that begins, "The ostensible topic of a recent argument before the Supreme Court was lawyering, but the real subject turned out to be judging. An exchange between Chief Justice John G. Roberts Jr. and one of the lawyers was illuminating." In addition, Greenhouse has this recent law review article about Justice Stephen G. Breyer (via "SCOTUSblog"). "Gay Marriage Gets Boost from Ninth Circuit": law.com's Dan Levine has a report that begins, "Not one to be left out of a constitutional thicket, Ninth Circuit U.S. Court of Appeals Chief Judge Alex Kozinski granted health benefits Thursday to the same-sex partners of court employees. Kozinski's order comes a day after his colleague, Judge Stephen Reinhardt, issued his own published directive that a federal public defender be awarded back pay because his same-sex partner's benefits had been denied." And today in The San Francisco Chronicle, Bob Egelko has an article headlined "Give in on same-sex benefits, judge orders feds." The order that Ninth Circuit Chief Judge Alex Kozinski issued yesterday can be accessed here. Just in time for Thanksgiving -- a federal appellate court considers whether chickens, turkeys and other domestic fowl are excluded from the humane slaughter provisions of the "Humane Methods of Slaughter Act of 1958": The U.S. Court of Appeals for the Ninth Circuit issued this ruling today. Today's decision fails to resolve that question, holding instead that the plaintiffs lacked standing to sue. Posted at 02:27 PM by Howard Bashman "We are again faced with the question whether a state statutory scheme requiring growers to fund generic advertising for promotion of an agricultural product violates the First Amendment." So begins a ruling that a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued today. Table grapes are today's First Amendment food item. As for the court's holding, today's majority opinion concludes, "The district court did not err in granting summary judgment to the Table Grape Commission on the ground that its promotional activities constitute government speech and are thus immune to challenge under the First Amendment." Posted at 02:15 PM by Howard Bashman "Wesley Snipes appeals 3 tax convictions in Georgia": The Associated Press now has this updated report on today's oral argument before a three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit. Posted at 01:35 PM by Howard Bashman "Racism alleged in Wall Street Journal editorial on Butler": Today's edition of The Milwaukee Journal Sentinel contains an article that begins, "A state senator, a former state Supreme Court justice and a Wisconsin lawyer accused The Wall Street Journal of racism Thursday for referring to an African-American judicial nominee as 'the White House Butler.'" The editorial that The Wall Street Journal published yesterday carried the headline "The White House Butler: A judge twice rejected by voters is nominated by President Obama." Take the "PACER Online Satisfaction Survey": You can access the survey by clicking here. Posted at 11:11 AM by Howard Bashman "The question then is whether the Michigan Legislature can constitutionally provide that a felon who possesses a firearm shall be convicted of and punished for violating two criminal statutes: felon in possession of a firearm, and possession of a firearm while being a felon in possession of a firearm." Today, a unanimous three-judge panel of the U.S. Court of Appeals for the Sixth Circuit issued this decision, which fans of the U.S. Constitution's double jeopardy clause are likely to find quite interesting. Posted at 11:03 AM by Howard Bashman "Wesley Snipes appeals 3 tax convictions in Georgia": The Associated Press is reporting that a three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit is scheduled to hear oral argument today in Atlanta of Wesley Snipes' appeal from his convictions on charges of failing to file tax returns. Posted at 09:30 AM by Howard Bashman "Hoosier judge OK'd with boost by Lugar": The Journal Gazette of Fort Wayne, Indiana contains this article today, along with an editorial entitled "Hamilton qualified to judge." The Indianapolis Star reports today that "Hamilton is confirmed for seat on appeals court." And Thomas Ferraro of Reuters reports that "Senate confirms long-stalled Obama judicial pick." "In New Orleans, Elation Over Katrina Liability Ruling": This article, in which I am quoted, appears today in The New York Times. The Associated Press reports that "Katrina ruling could bring new deluge of lawsuits." And yesterday, The Times-Picayune of New Orleans reported that "Corps' operation of MR-GO doomed homes in St. Bernard, Lower 9th Ward, judge rules." You can access Wednesday's ruling at this link. Thursday, November 19, 2009 "The Real Price of Trying KSM: Defense lawyers will inevitably create bad law." David Feige has this jurisprudence essay online at Slate. Posted at 08:50 PM by Howard Bashman "Fla. jury awards $300 million in ex-smoker's suit": The Associated Press has this report. Posted at 07:28 PM by Howard Bashman "U.S. Senate confirms Hoosier nominee": The Indianapolis Star has this news update. The Journal Gazette of Fort Wayne, Indiana has a news update headlined "Hoosier judge confirmed to appeals court." Warren Richey of The Christian Science Monitor reports that "Senate OK's David Hamilton to be US appeals court judge; Judge David Hamilton is elevated to the US appeals court, after GOP effort to stall a vote failed; Republican resistance signals more political fights are likely over Obama's nominees to the federal bench." Bloomberg News reports that "Senate Confirms Obama Federal Appeals Court Nominee." And Politico.com reports that "Senate confirms controversial judge." "Jesus vs. Allah: The fight over God's secular title." Dahlia Lithwick will have this essay in the November 30, 2009 issue of Newsweek. Posted at 07:10 PM by Howard Bashman "Senate confirms controversial judge": The Associated Press has a report that begins, "The Senate has confirmed David Hamilton for the Chicago-based federal appeals court after Democrats stopped a Republican filibuster. Conservatives targeted Hamilton, labeling him a liberal activist. Hamilton, a U.S. district judge from Indiana, was approved 59-39 and became the eighth of President Barack Obama's judicial nominees to win confirmation. He is the third nominee confirmed to serve on an appeals court." You can access the U.S. Senate's official roll call vote tally at this link. Ninth Circuit upholds order refusing to allow Campaign for California Families to intervene in lawsuit challenging the constitutionality of Proposition 8, a state ballot initiative restricting the definition of marriage to the union of a man and a woman: You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link. Posted at 02:44 PM by Howard Bashman The paragon of recusal: The Associated Press reports that "6 Ala. judges recuse themselves from Paragon suit." Posted at 12:18 PM by Howard Bashman "Court Upholds Recognition of Gay Marriages in Narrow Ruling": The "City Room" blog of The New York Times has a post that begins, "The state's highest court rejected a challenge by opponents of same-sex marriage to policies that recognize same-sex marriages performed in other states, though the decision gives gay advocates a small victory because it applies to a relatively limited number of people." And The Associated Press has a report headlined "NY court: Married gay couples entitled to benefits." You can access today's ruling of the New York State Court of Appeals -- that State's highest court -- at this link. "Kennedy's School-Press Incident Wasn't the First": Today in The Wall Street Journal, Jess Bravin has an article that begins, "Justice Anthony Kennedy got into a messy situation this month after a widely circulated report that his office made a school newspaper get permission before running an article about the justice. It turns out the incident at New York's Dalton School wasn't the only such case. In October, student press at George Washington University faced a similar requirement when covering Justice Kennedy's Oct. 15 lecture to a law school audience." Additional related coverage can be accessed via this post of mine from last night. "Holder Defends Decision to Use U.S. Court for 9/11 Trial": Charlie Savage has this article today in The New York Times. The Washington Post reports today that "Holder answers to 9/11 relatives about trials in U.S.; Views mixed Attorney general also faces questions in Senate hearing." The Los Angeles Times reports that "Obama and Holder defend plans to try Sept. 11 suspects; Republican lawmakers question whether a civilian trial would be successful and say it might again make New York a terrorist target; Holder counters: 'We need not cower in the face of this enemy.'" Warren Richey of The Christian Science Monitor has an article headlined "Holder: 'Failure not an option' in New York 9/11 terror trial; But Attorney General Eric Holder also told senators Wednesday that accused 9/11 mastermind Khalid Sheikh Mohammed could be detained indefinitely if acquitted in a New York terror trial." The Monitor also reports that "New York divided over 9/11 terror trials; New York has seen seven major terror trials in the past, the most of any city in America; But residents -- both ordinary citizens and elected officials -- appear to be split over the decision to try the perpetrators of the 9/11 attacks in the city." USA Today reports that "Obama predicts execution in 9/11 case; President confident in justice system." Evan Perez of The Wall Street Journal reports that "Holder Is Confident of 9/11 Convictions." James Rosen of McClatchy Newspapers reports that "GOP senators, Holder clash over New York trials for 9/11 plot." And The Washington Times reports that "Holder suggests acquittal won't free terrorist; Defends trial in New York." Meanwhile, from the Guantanamo Bay Navy Base in Cuba, Carol Rosenberg of The Miami Herald has articles headlined "Broken deadline not a surprise at Guantanamo; No reinforcements, and no surprise at Guantanamo, as word spread that President Barack Obama confirmed the White House will miss its closure deadline" and "Guantanamo war court back in session." "Some Courts Raise Bar on Reading Employee Email; Companies Face Tougher Tests to Justify Monitoring Workers' Personal Accounts; Rulings Hinge on 'Expectation of Privacy'": Dionne Searcey has this article today in The Wall Street Journal. Posted at 09:24 AM by Howard Bashman "Texas marriages in legal limbo because of constitutional amendment, candidate says": In yesterday's edition of the Fort Worth Star-Telegram, Dave Montgomery had an article that begins, "Texans: Are you really married? Maybe not. Barbara Ann Radnofsky, a Houston lawyer and Democratic candidate for attorney general, says that a 22-word clause in a 2005 constitutional amendment designed to ban gay marriages erroneously endangers the legal status of all marriages in the state." Posted at 09:20 AM by Howard Bashman "4 for the 4th Circuit; Obama Moves Quickly to Fill Vacancies, But Will Nominees Change Court's Conservative Outlook?" David Ingram of The National Law Journal has this report. Posted at 09:00 AM by Howard Bashman "Judge orders compensation for gay couple who were denied healthcare, other benefits; Skirting the Defense of Marriage Act, a 9th Circuit judge orders that a federal attorney be reimbursed the costs associated with the denial of coverage for his husband": Carol J. Williams has this article today in The Los Angeles Times. Today in The San Francisco Chronicle, Bob Egelko reports that "Ruling favors married gay federal lawyer." Denny Walsh of The Sacramento Bee reports that "Judge rules same-sex couple must be repaid after denial of benefits." And The Associated Press has a report headlined "Judge: Feds must grant gay lawyer insurance pay." Circuit Judge Stephen Reinhardt is the author of yesterday's order of the U.S. Court of Appeals for the Ninth Circuit. Wednesday, November 18, 2009 "Holder Laughed: The attorney general tries to sell us on New York terror trials." Dahlia Lithwick has this jurisprudence essay online at Slate. Posted at 10:15 PM by Howard Bashman "Judge Thomas Porteous' behavior prompts questions about entire New Orleans area judiciary": The Times-Picayune has this news update. Yesterday's edition of that newspaper had an update headlined "Wheels of Congress grind slowly in Judge Thomas Porteous impeachment." And yesterday at "The BLT: The Blog of Legal Times," Jeff Jeffrey had a post titled "At Porteous Hearing, Lawyer Says No Return Expected on Cash Gifts to Judge." "Conviction of Sheik's Lawyer for Assisting Terrorism Is Upheld": Today's edition of The New York Times contains an article that begins, "A federal appeals court panel in Manhattan on Tuesday upheld the conviction of Lynne F. Stewart, the outspoken defense lawyer who was found guilty in 2005 of assisting terrorism by smuggling information from an imprisoned client to his violent followers in Egypt." The New York Post reports today that "Harder time urged for jailbound Lynne." law.com reports that "2nd Circuit Upholds Disbarred Lawyer's Conviction in Terror Case." And the blog "Gawker" has a post titled "Activist Judges Affirm Activist Attorney's Conviction." My earlier coverage of yesterday's Second Circuit ruling appears at this link. "Obama, Holder predict conviction in 9/11 case": The Associated Press has this report. And at his "Under the Radar" blog at Politico.com, Josh Gerstein has a post titled "Leahy wants TV feed of KSM trial for victims." Good thing The New York Times doesn't provide Justice Anthony M. Kennedy with pre-publication review: Or else he probably would have killed what he refers to as this "stupid story" by Adam Liptak, which the newspaper published one week ago, and thereby would have denied us the spectacle of today's flap over the article's newsworthiness. Today in The Wall Street Journal, Jess Bravin has articles headlined "Kennedy Frustrated Over School-Press Flap" and "Justice Kennedy's Day of Misunderstanding." Although Justice Kennedy calls the subject matter of Liptak's article "stupid," Justice Kennedy does not dispute the accuracy of what Liptak has reported. Tuesday, November 17, 2009 Programming note: I'll be waking up very, very early on Wednesday morning to travel to Washington, DC to participate in the "Justice and Journalism" program at the Newseum. Depending on the availability of wireless internet access and program protocol, additional posts may not appear here until Wednesday evening. Posted at 10:14 PM by Howard Bashman "Second Amendment Protects All Americans, Supreme Court Told": Declan McCullagh has this post today at his "Taking Liberties" blog hosted by CBSNews.com. Posted at 10:00 PM by Howard Bashman "Report Released On W.Va. Judicial Reform": Today's edition of The Wheeling News-Register contains an article that begins, "A committee to reform West Virginia's courts suggests a pilot program to publically fund one state Supreme Court race in 2012. The Independent Commission on Judicial Review commissioned by Gov. Joe Manchin in April released its report Monday on how best to improve the public's perception of justice in West Virginia's courts." Today's edition of The Charleston (W. Va.) Daily Mail contains an article headlined "Judicial report takes gradual approach to reform." The Associated Press reports that "Panel proposes 2nd appeals court for W.Va." And The West Virginia Record reports that "Judicial Reform panel submits report." You can access the final report of the West Virginia Independent Commission on Judicial Reform at this link. "Moyer, others want justice selection changed": Today's edition of The Columbus Dispatch contains an article that begins, "Chief Justice Thomas J. Moyer has been elected to the Ohio Supreme Court four times. That's at least two times too many, he figures." Posted at 08:54 PM by Howard Bashman Articles of interest available online at SSRN: Law professor Richard A. Epstein has an article entitled "NRA v. City of Chicago: Does the Second Amendment Bind Frank Easterbrook?" (via "Legal Theory Blog"). Law professor Amy E. Sloan has an article entitled "The Dog that Didn't Bark: Stealth Procedures and the Erosion of Stare Decisis in the Federal Courts of Appeals" (via "Legal Theory Blog"). And Stefanie Lepore has an article entitled "The Development of the Supreme Court Practice of Calling for the Views of the Solicitor General" (via "Legal Theory Blog"). "Justice Scalia speaks about Constitution in Ohio": The Associated Press has this report. Posted at 08:27 PM by Howard Bashman "Alleged 9/11 plotters 'stoic,' polite on learning of New York trial": Carol Rosenberg of The Miami Herald has this news update. And Wednesday's edition of The New York Times will contain an article headlined "Illinois Town Divided Over Moving Terror Suspects." "Obama court nominee David Hamilton clears Senate hurdle; A Republican effort to stall an Obama appeals court nominee failed Tuesday; A full Senate vote on Judge David Hamilton is set for Wednesday": Warren Richey of The Christian Science Monitor has this report. The Journal Gazette of Fort Wayne, Indiana has a news update headlined "Senate agrees to allow vote on Hoosier judicial nominee; Lugar votes to stop GOP filibuster." The Birmingham News has an update headlined "Jeff Sessions loses vote, makes his point." The Mobile Press-Register has a news update headlined "U.S. Sen. Jeff Sessions' bid to filibuster federal court nominee fails." Bloomberg News reports that "Obama Judge Selection Advances as Senate Clears Way for Debate." And Politico.com reports that "Senate ends debate over judicial nominee." "Court Upholds Restriction on Fifth Avenue Parades": A.G. Sulzberger has this post at the "City Room" blog of The New York Times. My earlier coverage of today's Second Circuit ruling appears at this link. "Md. city aims for balance with Dred Scott plaque": The Associated Press has this report. The Frederick (Md.) News-Post has an update headlined "Dred Scott plaque dedicated at City Hall." And today's edition of The Baltimore Sun contains an article headlined "Recognition for Dred Scott, wife; Frederick places bronze plaque near monument to Taney, who decided slave's fate." "Controversial court nominee survives Senate test": The Associated Press now has an updated report that begins, "Democrats on Tuesday crushed a Senate filibuster against a controversial appeals court nominee, demonstrating to Republicans they can't stop President Barack Obama from turning the federal judiciary to the left. The 70-29 vote limited debate over the qualifications of U.S. District Judge David Hamilton of Indiana, and assured his elevation to the Chicago-based appeals court." Posted at 05:05 PM by Howard Bashman "Does death for 9/11 plotters offend federalism?" Josh Gerstein has this post at his "Under the Radar" blog at Politico.com. Posted at 04:40 PM by Howard Bashman "Democrats poised to end GOP court filibuster": The Associated Press has this report. Posted at 04:20 PM by Howard Bashman "Defendant's Words May Help 9/11 Case": Jess Bravin has this article today in The Wall Street Journal. And CBS News legal analyst Andrew Cohen today has a "CourtWatch" column entitled "What Could Go Wrong at KSM Trial, and How to Avoid It." Second Circuit rejects argument that a ban on "new" parades along Fifth Avenue in New York City violates the First Amendment: You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link. Proving, once again, that in fact everybody does not love a parade. "Impeachment hearings open today for Judge Thomas Porteous": The Times-Picayune of New Orleans provides this report. And The Associated Press reports that "House panel opens impeachment hearings vs. judge." "NY lawyer in terror case ordered to prison": The Associated Press has a report that begins, "A federal appeals court has ordered a civil rights lawyer convicted in a terrorism case to begin serving her prison sentence. The 2nd U.S. Circuit Court of Appeals in Manhattan on Tuesday also upheld Lynne Stewart's conviction." You can access today's ruling of the U.S. Court of Appeals for the Second Circuit in United States v. Lynne Stewart, et al., at this link. Each of the three judges on the three-judge panel issued an opinion. "City officials win ruling on airport advertising deal": Bill Rankin has this article today in The Atlanta Journal-Constitution. And The Associated Press reports that "Atlanta prevails in airport advertising lawsuit." You can access yesterday's per curiam ruling of the U.S. Court of Appeals for the Eleventh Circuit at this link. "Mich. affirmative action ban to be challenged in U.S. court of appeals": This article appears today in The State News, the student newspaper of Michigan State University. The Detroit Free Press reports today that "Affirmative action ban to be debated in court." The Associated Press reports that "Court to consider Mich. affirmative action ban." And in The Detroit News, columnist Laura Berman has an essay entitled "Proposal 2 challenge continues." "Can KSM Get a Fair Trial?" CBS News legal analyst Andrew Cohen has this essay online at "The Daily Beast." Posted at 10:12 AM by Howard Bashman "Judges Calabresi and Easterbrook Face Off on How to Interpret Statutes": Jeff Jeffrey had this post Saturday at "The BLT: The Blog of Legal Times." And "Josh Blackman's Blog" provides this coverage, featuring YouTube video clips of the debate. "Black Firefighters Move to Intervene in Ricci v. DeStefano": Daniel Schwartz has this post today at his "Connecticut Employment Law Blog." Posted at 09:57 AM by Howard Bashman "R.I. judicial selction process needs transparency": Columnist Edward Fitzpatrick has this op-ed today in The Providence Journal. Posted at 09:54 AM by Howard Bashman "Goal of New ABA Website: All the Federal Decisions that Are Fit to Print." The ABA Journal's "Law News Now" blog has this post. Posted at 09:45 AM by Howard Bashman "DNA evidence useless in Jovin murder case; DNA tainted by lab technician, eliminating crucial lead in decade-old murder case": This article appeared yesterday in The Yale Daily News. Posted at 09:40 AM by Howard Bashman "Cases on Life Terms for Juveniles": You can view this past Saturday's broadcast of C-SPAN's "America & the Courts" online and on-demand by clicking here. Notwithstanding the title of this installment, the bulk of the broadcast (beginning at 23:40) consists of a discussion among Pennsylvania-based judges and news media titled "The Third Branch Meets the Fourth Estate." Additional photographs from that event can be accessed at this link. Coincidentally, I'll be among the participants at a somewhat similar event scheduled to occur tomorrow at the Newseum in Washington, DC. "Supreme Court urged to end bail hearing 'cone of silence'; Media argue ban violates free speech, but governments say measure ensures fair trial": Today's edition of The Toronto Star contains an article that begins, "Sweeping publication bans at bail hearings put 'a cone of silence' around a judicial system that should be open to public scrutiny at the very early stages, lawyers told the country's top court. In one of the first major challenges to a 1976 criminal code provision, the Toronto Star, Associated Press, CBC and other media outlets urged the Supreme Court of Canada on Monday to strike down the law that makes a ban on information at bail hearings mandatory if requested by the Crown or an accused." The Toronto Sun has an article headlined "Taking the publication ban fight to the top court," which links to this related court filing. Canwest News Service reports that "News organizations ask top court to allow more bail information." And The Associated Press reports that "Canada Supreme Court hears media appeal." "GOP weighs filibuster of Obama judicial nominee": This article appears today in The Washington Times. Today's edition of The Journal Gazette of Fort Wayne, Indiana reports that "Lugar defies colleague, goes to bat for judge." The Indianapolis Star reports that "Lugar defends Obama's pick of Hoosier for appeals court." The Los Angeles Times contains an editorial entitled "Time for a ruling on judge: David F. Hamilton, nominated to the 7th Circuit Court, has been held up by partisan politics; But such delays also interfere with the administration of justice." The New York Times contains an editorial entitled "Obama's Judicial Nominations." And The Washington Post contains an editorial entitled "Giving hypocrisy a bad name: Republicans slammed filibusters of Bush judicial nominees; Now they see things differently." Monday, November 16, 2009 "Manhattan Transfer: The right's nonsensical arguments against trying Khalid Sheikh Mohammed in New York." Dahlia Lithwick has this jurisprudence essay online at Slate. Posted at 10:44 PM by Howard Bashman "llinois leaders split on taking Guantanamo detainees at state prison; Idea of transferring Guantanamo detainees to a prison in Illinois has backing of state's top Democrats, but Republican congressmen balk": The Christian Science Monitor has this report. Posted at 10:42 PM by Howard Bashman "Supreme Court: Miami school can ban book on Cuba; The Supreme Court Monday declined to hear a challenge to a Miami school board decision that removed a book about Cuba from public schools; The book was seen as presenting too cheery a view of life in Cuba." Warren Richey of The Christian Science Monitor has this report. The Miami Herald has a news update headlined "Supreme Court turns down Cuban book case." And The Associated Press reports that "Court won't get involved in book banning case." "Court won't hear Redskins case; Justices decline to review ruling on team nickname": Robert Barnes will have this article Tuesday in The Washington Post. And Warren Richey of The Christian Science Monitor reports that "Washington Redskins can keep team name; Supreme Court refuses native Americans' suit; Seven native Americans had sued to force the Washington Redskins to change the team name; The Supreme Court on Monday let stand a ruling that their challenge came too late." "30 Years After Murder, Is His Appeal Too Late?" Adam Liptak will have this article Tuesday in The New York Times. Posted at 10:25 PM by Howard Bashman "Obama Looks to Move Judges; Confirmation Pace Too Slow": Tuesday's edition of Roll Call will contain an article that begins, "The White House is quietly urging Senate Democrats to come up with a list of potential candidates for the federal bench, hoping to flood the pipeline with circuit and district court nominees and ratchet up the pressure on Republicans to confirm them." Politico.com reports that "Senate GOP will try to block nominee." FOXNews com reports that "Senator Plans to Filibuster Obama Judicial Appointee." At "The Caucus" blog of The New York Times, Charlie Savage has a post titled "G.O.P. Senator Supports a Filibuster for Judicial Nominee." The "Swampland" blog of Time magazine has a post titled "Sessions to Filibuster Obama's 7th Circuit Nominee." The Journal Gazette of Fort Wayne, Indiana reports that "Lugar defends Hoosier judicial nominee." Gannett News Service reports that "Lugar defends Hamilton as judicial pick." On Tuesday's broadcast of NPR's "Morning Edition," Nina Totenberg will have an audio segment entitled "GOP Opposition Slows Obama's Judicial Nominees." And McClatchy Newspapers have posted online an op-ed by law professor Carl Tobias entitled "Confirming Judge Hamilton for the Seventh Circuit." "U.S. Supreme Court restores, for the third time, death sentence for California murderer; The justices reverse an appeals court ruling, saying jurors wouldn't have been swayed by Fernando Belmontes' tough childhood; Belmontes beat a woman to death with a dumbbell to steal her stereo": David G. Savage will have this article Tuesday in The Los Angeles Times. Bob Egelko of The San Francisco Chronicle has a news update headlined "Central Valley killer back in line for death." And at "The Volokh Conspiracy," Orin Kerr has a post titled "Reinhardt Reversed for Third Time in Same Case." "History lesson on 2nd Amendment's reach": Lyle Denniston has this post at "SCOTUSblog." Posted at 09:23 PM by Howard Bashman Access online today's Order List of the U.S. Supreme Court: The Court has posted today's Order List at this link. The Court today granted review in one case and called for the views of the Solicitor General in one case. In addition, the Court issued a per curiam opinion in Wong v. Belmontes, No. 08-1263, along with a concurring opinion by Justice John Paul Stevens. At "SCOTUSblog," Lyle Denniston has a post titled "Court adds one new case." And in early news coverage, The Associated Press reports that "Court won't hear complaint about Redskins name" and "Court turns down student over religious speech." "Judges could free detainees moved to U.S." At Politico.com, Josh Gerstein has an article that begins, "When it comes to keeping Guantanamo inmates locked up indefinitely in the United States, the problem really isn't the jails, some lawyers say--it's the judges and the law." Posted at 10:02 AM by Howard Bashman Sunday, November 15, 2009 "Khalid Sheikh Mohammed 9/11 trial carries risks; Alleged 9/11 mastermind Khalid Sheikh Mohammed and four others will be tried in federal court; It's a risky decision by the Obama administration, opening the way for aggressive defense tactics": Warren Richey of The Christian Science Monitor has this article, along with an article headlined "Who are Khalid Sheikh Mohammed and the other accused terrorists? Khalid Sheikh Mohammed and four others are to stand trial in New York; Here's the evidence federal prosecutors will use against them." Posted at 10:20 PM by Howard Bashman "Obama's judicial confirmations are slow going; Senate Republicans have quietly used their minority power to block candidates to the lower federal courts; A showdown is set for Tuesday with Judge David Hamilton's nomination": David G. Savage will have this article Monday in The Los Angeles Times. And Alexander Bolton of The Hill reports that "Conservatives split over filibuster of Obama court pick." "Supreme Court Dispatch, Eh: How the United States' never-ending legal mess at Gitmo is spilling over into Canada." Dahlia Lithwick has this jurisprudence essay online at Slate. Posted at 06:44 PM by Howard Bashman "Texas death row man claims inmates' numbered days are form of torture; Murderer Danielle Simpson who faces execution on Wednesday speaks about his nine-year term spent locked up in solitary": The Guardian (UK) provides this report. Posted at 05:44 PM by Howard Bashman "Hispanic appointee breaks ground as state appeals judge; Toledo attorney looks forward to tackling challenges on bench": This article appears today in The Toledo Blade. Posted at 05:42 PM by Howard Bashman "No vindication for Gableman": The Capital Times of Madison, Wisconsin posted this editorial online yesterday. The Wisconsin Judicial Conduct Panel's findings of fact, conclusions of law, and recommendation can be accessed here. Posted at 05:40 PM by Howard Bashman "From Walking The Beat To Taking A Seat; One Man's Unlikely Journey From Philadelphia Cop To Pa. Supreme Court Justice": Today's edition of The Philadelphia Bulletin contains an article that begins, "Seamus McCaffery's path to his position as a Pennsylvania Supreme Court Justice has been anything but ordinary, spanning careers, continents, and the Pennsylvania legal system." Posted at 05:33 PM by Howard Bashman "Dozens of Gitmo detainees finally get day in court": Pete Yost of The Associated Press has this report. Posted at 05:30 PM by Howard Bashman "'Twas the night before Christmas, and all through the court ..." Michael Kirkland of UPI has this report. Posted at 05:28 PM by Howard Bashman "Taken In Vain: New London's Folly; With Pfizer Leaving, City Has Nothing But Weedy Acres To Show For Grandiose Development Scheme That Uprooted Homeowners And Razed A Neighborhood." Jeff Benedict has this op-ed today in The Hartford Courant. Posted at 05:27 PM by Howard Bashman "Firefighters move for promotions; Federal court to settle damages in case that reached Supreme Court": The Yale Daily News has this report. Posted at 05:25 PM by Howard Bashman "Mezuzah case will go to court": The Chicago Tribune contains this article today. My earlier coverage of Friday's en banc Seventh Circuit ruling appears at this link. "A challenging time to be R.I.'s new chief justice": This article appears today in The Providence Journal. Posted at 05:20 PM by Howard Bashman "Pentagon bars release of photos allegedly showing detainee abuse": Bill Mears of CNN.com has a report that begins, "The Pentagon is blocking public release of photos apparently depicting abuse of suspected terrorists and foreign troops in U.S. custody, and urging the Supreme Court to dismiss a lower court ruling ordering the photos to be publicly disclosed, according to court documents." The Associated Press reports that "Gates blocks release of detainee abuse photos." Politico.com reports that "Gates blocks release of abuse pictures." And at "SCOTUSblog," Lyle Denniston has a post titled "Gates bars abuse photos' release" that provides access to the Solicitor General's filing. "Canadian Supreme Court Case on Guantanamo Detainee": The Supreme Court of Canada allows TV in its courtroom. As a result, and thanks to C-SPAN, by clicking here you can view this past Friday's oral argument in the case of Omar Khadr. According to C-SPAN's description of the broadcast, "Omar Khadr, the only Canadian held at Guantanamo Bay, was charged in 2002 with killing an American soldier in Afghanistan when he was 15. Mr. Khadr's lawyers argued before the Canadian Supreme Court that his constitutional rights as a Canadian citizen were violated." You can access my earlier coverage of the oral argument at this link. "Obama Backers Fear Opportunities to Reshape Judiciary Are Slipping Away": Charlie Savage has this article today in The New York Times. And on Friday at the "Sweet Home Potomac" blog of The Birmingham News, Mary Orndorff had a post titled "U.S. Sen. Jeff Sessions may take aim at judicial pick." Saturday, November 14, 2009 "Accused 9/11 Mastermind to Face Civilian Trial in N.Y." Charlie Savage has this article today in The New York Times. Today's newspaper also contains articles headlined "9/11 Trial Poses Unparalleled Legal Obstacles"; "How New York May Tighten Security Vise"; and "Trial Venue Leaves 9/11 Families Angry or Satisfied," along with an editorial entitled "A Return to American Justice." And Sunday's newspaper will contain an article headlined "Portrait of 9/11 'Jackal' Emerges as He Awaits Trial." Today's edition of The Washington Post contains articles headlined "Alleged Sept. 11 planner will be tried in New York; A shift to civilian court; Four co-conspirators also will be transferred"; "For Holder, much wrestling over decision"; and "A staggering ego, at the center of difficult issues," along with an editorial entitled "Terrorism on trial: There are good reasons to try Khalid Sheik Mohammed in New York" and an op-ed by CBS News legal analyst Andrew Cohen entitled "A terrorism trial's myths." In The Los Angeles Times, Josh Meyer and David G. Savage have an article headlined "Strong reaction to announcement of 9/11 trial in New York court; Atty. Gen. Eric H. Holder Jr.'s decision raises legal, political and ethical questions -- and criticism from some key Republicans." Today's newspaper also contains an article headlined "Illinois prison eyed for Guantanamo detainees; The nearly empty rural facility is being considered, an Obama administration official says; But obstacles remain, including a law that bars the detainees from the U.S. unless they're on trial" and an editorial entitled "Plan for Mohammed's trial upholds U.S. values; The decision to try Khalid Shaikh Mohammed and four other accused 9/11 conspirators in the civilian judicial system shows a commitment to the rule of law." In addition, Sunday's newspaper will contain an article headlined "Remaining detainees leave Guantanamo's closure up in air; Trying five 9/11 suspects in the U.S. leaves the fate of more than 200 others unclear. Some may have to be held long-term -- but where?" The Wall Street Journal contains articles headlined "Alleged 9/11 Plotters Face Trial; Civilian Court in Lower Manhattan Will Hear Terror Cases in Big Test of Justice System"; "New York, Court Brace for Logistical Hurdles"; and "Mukasey Fears Attacks on New York During Trial of 9/11 Defendants," along with an editorial entitled "KSM Hits Manhattan--Again: Eric Holder's decision to move a trial on war crimes to American soil is morally confused, dangerous and political to a fault." Carol Rosenberg of The Miami Herald reports that "NYC trial won't close Guantanamo war court; The Obama administration will pursue military trials for some and civilian trials for others accused in the 9/11 attacks." And McClatchy Newspapers report that "New York trials for 9/11 suspects raise new safety concerns" and "Republican lawmakers decry Obama decision on terror trials." "President's Top Lawyer Is Leaving White House": This article appears today in The New York Times, along with an article headlined "Obama Chooses an Inner-Circle Man." The Washington Post reports today that "Obama taps new counsel; Republicans criticize pick; Bauer also president's personal attorney." The Wall Street Journal reports that "Craig to Leave White House Counsel Job." And McClatchy Newspapers report that "In White House shakeup, counsel Greg Craig resigns." "Court Silences CIA Operative Despite Yellowcake Scandal": David Kravets has this post at Wired.com's "Threat Level" blog. Posted at 08:14 PM by Howard Bashman "Federal judge criticized for handling of claimants' assets; Manuel L. Real was entrusted with $33.8 million meant for victims of the late Philippines dictator Ferdinand Marcos; A federal appeals court calls his accounting 'curious'": Carol J. Williams has this article today in The Los Angeles Times. And The Associated Press reports that "Judge rebuked by panel over Ferdinand Marcos money." My earlier coverage of yesterday's Ninth Circuit order appears at this link. "Federal judge sues impeachment panel": The Associated Press has a report that begins, "A Louisiana federal judge sued a House impeachment task force Friday, contending the panel is making the case for his ouster by using testimony he gave under a promise of immunity." This development follows the news that Bruce Alpert reported yesterday in The Times-Picayune of New Orleans, in an article headlined "Porteous impeachment request to be subject of hearings," that "A House Judiciary Committee task force has scheduled its first hearings next week on a request from federal court officials that Federal District Judge Thomas Porteous be impeached." I have posted online U.S. District Judge G. Thomas Porteous, Jr.'s complaint initiating suit against the U.S. Congress, the brief in support of his motion for a temporary restraining order, and the U.S. Congress's brief in opposition to the motion for a temporary restraining order. The lawsuit and these briefs were all filed yesterday in the U.S. District Court for the District of Columbia. Friday, November 13, 2009 "New Justice Sotomayor Emerges as Frequent -- and Tough -- Questioner": Tony Mauro of The National Law Journal has this report. Posted at 11:42 PM by Howard Bashman "Appeals court criticizes Judge Real over accounting of $33.8-million trust": Carol J. Williams of The Los Angeles Times has a news update that begins, "A federal appeals court today criticized U.S. District Judge Manuel L. Real for his handling of $33.8 million entrusted to him for victims of late Philippines dictator Ferdinand Marcos, calling his accounting 'curious' and 'filled with cryptic notations' that failed to show what happened to the money." You can access today's order of the U.S. Court of Appeals for the Ninth Circuit, which appears to have been written by Chief Judge Alex Kozinski, at this link. "Ex-judge who bought home with stripper gets probation in bank fraud": The Naples Daily News has an update that begins, "A former appellate judge who ruled on Collier and Lee county cases for more a decade was sentenced Friday to probation for bank fraud involving a Hawaiian home he fraudulently purchased with a New York stripper." The St. Petersburg Times has a news update headlined "No jail time for former appeals Judge Thomas E. Stringer Sr. in bank fraud." The Tampa Tribune has a news update headlined "No prison time for ex-judge Stringer." And The Associated Press reports that "Judge linked to stripper gets 1 year probation." "Schwarzenegger promises to comply with court order to reduce inmate population in two years": Howard Mintz has this article today in The San Jose Mercury News. Today in The San Francisco Chronicle, Bob Egelko reports that "State submits plan to reduce prison population." Denny Walsh of The Sacramento Bee reports that "State offers new prison plan." And The Los Angeles Times reports that "Governor submits plan to cut prison population; But he also disavows the proposed solutions as being illegal." "Judicial panel recommends dismissal of Gableman complaint": Today's edition of The Milwaukee Journal Sentinel contains an article that begins, "A three-judge panel said Thursday the state Supreme Court should dismiss a complaint against Justice Michael Gableman that alleges he lied in a campaign ad last year." The newspaper also contains an editorial entitled "A lie is a lie is a lie: And, according to a three-judge panel, it doesn't matter in state Supreme Court races; The high court should not follow this recommendation to dismiss." Today's edition of The Badger Herald, the student newspaper of the University of Wisconsin-Madison, contains an article headlined "Panel: Gableman ad spots misleading, but not illegal; Panel of judges says Wis. Supreme Court should drop charge." And The Wisconsin State Journal reports that "Panel recommends dismissal of Gableman ethics complaint." "After Supreme Court clerkship, Klingele back teaching at UW Law School": UW-Madison News provides this report. Posted at 10:50 PM by Howard Bashman "Retired R.I. chief justice Williams describes role in family of his former driver": This article appears today in The Providence Journal. And Saturday's edition of that newspaper will contain an article headlined "Husband takes exception to on-air comments by Williams." "Ohio will switch to single-drug lethal injection system for executions": The Columbus Dispatch has this news update. And The Associated Press reports that "Ohio to switch to 1 drug for lethal injection." In posts of interest at "The BLT: The Blog of Legal Times." Jeff Jeffrey has a post titled "Alito Praises Fidelity to the Law, But Cameras? Maybe Not." (An updated post at "The BLT" states that human error was to blame for the camera ban.) And Marcia Coyle has a post titled "Caperton Coda." My coverage from earlier today appears here. "Could Supreme Court TV Make America Smarter?" CBS News legal analyst Andrew Cohen has this post today at the "Politics & Power" blog of Vanity Fair. Posted at 01:50 PM by Howard Bashman "Court revives Chicago 'mezuzah' case; Ruling vindicates Obama favorite Judge Diane Wood": Abdon M. Pallasch of The Chicago Sun-Times has this news update. My earlier coverage of today's en banc Seventh Circuit ruling appears at this link. "Courts can't order Khadr's return, lawyer argues; After seven years of publicity and litigation, the Khadr case reaches the Supreme Court by way of a Federal Court of Canada order compelling Ottawa to seek his return": Kirk Makin of The Toronto Globe and Mail has this news update. And The Associated Press reports that "Canada Supreme Court hears Gitmo case." In today's mail: The Autumn 2009 issue of The Green Bag, featuring, among other things, "There's a Pennoyer in My Foyer: Civil Procedure According to Dr. Seuss," by law professor Elizabeth Chamblee Burch. Posted at 12:20 PM by Howard Bashman "Bush Concerned Successor Might Revoke Telco Spy Immunity": David Kravets has this post at Wired.com's "Threat Level" blog, along with a related post titled "Help Threat Level Examine Federal Spy Documents." Posted at 11:57 AM by Howard Bashman "At the center of this case is a little rectangular box, about six inches tall, one inch wide, and one inch deep, which houses a small scroll of parchment inscribed with passages from the Torah, the holiest of texts in Judaism." So explains today's en banc ruling of the U.S. Court of Appeals for the Seventh Circuit in a case addressing whether a Chicago condominium's rule, which prohibited the affixing of a mezuzah to the outside doorframes of condominium units, violated the Fair Housing Act. In July 2008, the majority on a divided three-judge Seventh Circuit panel held that there was no Fair Housing Act violation. After the Seventh Circuit granted rehearing en banc, the U.S. Department of Justice filed an amicus brief in support of the plaintiffs' appeal. Today, a unanimous en banc Seventh Circuit largely agrees with the plaintiffs and the federal government as amicus curiae, holding that three of the plaintiffs' four federal claims, and the plaintiffs' state law claims, survive summary judgment. My earlier coverage of the original three-judge panel's ruling can be accessed here. "Justices say Maynard's e-mails shouldn't have been public": The West Virginia Record has a report that begins, "Private communications of government employees don't belong to the public, the West Virginia Supreme Court of Appeals decided on Nov. 12. Four Justices agreed that state law doesn't require disclosure of electronic mail between former Justice Spike Maynard and Massey Energy CEO Don Blankenship." And The Associated Press reports that "W.Va. Supreme Court opts for e-mail privacy." You can access yesterday's ruling of the Supreme Court of Appeals of West Virginia at this link. "'Atomic Dog' singer wins claim to phrase": Last Saturday's edition of The Tennessean contained an article that begins, "The phrase 'bow wow wow, yippie yo, yippie yea' belongs exclusively to funk legend George Clinton, a panel of federal judges ruled this week." My earlier coverage of last week's Sixth Circuit ruling appears at this link. "Key 9/11 Suspect to Be Tried in New York": Charlie Savage of The New York Times has a news update that begins, "Khalid Shaikh Mohammed, the self-described mastermind of the Sept. 11 attacks, and four other men accused in the plot will be prosecuted in federal court in New York City, a federal law enforcement official said early on Friday." The Washington Post has a news update headlined "Official: Accused 9/11 mastermind, others to be tried in N.Y." And The Wall Street Journal has a news update headlined "Khalid Sheikh Mohammed to Be Sent to New York for Trial." "Court overturns ruling against Massey": Today's edition of The Pittsburgh Post-Gazette contains an article that begins, "The West Virginia Supreme Court yesterday overturned a $50 million judgment against Massey Energy for a third time. The 4-1 decision came after the U.S. Supreme Court had ordered the court to rehear the case without the judge who allegedly benefitted from campaign contributions made by Massey CEO Don Blankenship." The Charleston (W. Va.) Gazette reports today that "W.Va. high court overturns Harman verdict." The Associated Press reports that "For 3rd time, W.Va. Supreme Court favors Massey." Reuters reports that "Massey wins favorable ruling from W. Virginia court." Bloomberg News reports that "Massey Energy Gets $50 Million Jury Verdict Overturned Again." And The West Virginia Record reports that "Massey victorious as controversial $50M case comes to end in W.Va." You can access yesterday's ruling of the Supreme Court of Appeals of West Virginia at this link. "Pfizer to Leave City That Won Major Land-Use Case": This article appears today in The New York Times. My most recent earlier coverage can be accessed here. "AP Source: Gitmo 9/11 suspects to NY for trial." The Associated Press has this report. Posted at 07:45 AM by Howard Bashman "White House counsel poised to give up post; Tenure marked by struggles over closing Guantanamo": The Washington Post today contains an article that begins, "White House Counsel Gregory B. Craig is expected to announce his departure as early as Friday, people familiar with the situation said, ending an embattled tenure in which he struggled to lead the closure of the U.S. military detention center at Guantanamo Bay, Cuba." And The Associated Press has a report headlined "Official: Craig to step down as White House lawyer." Thursday, November 12, 2009 "Philip Berg, a lawyer acting pro se, filed this action challenging Barack Obama's eligibility to run for and serve as President of the United States." So begins a ruling that the U.S. Court of Appeals for the Third Circuit issued today. And today's opinion concludes, "Because there is no case or controversy, we will affirm
the District Court's order dismissing Berg's action." "U.S. ex-spy Plame and publisher lose memoir appeal": Reuters has this report. The Associated Press has a report headlined "Court: CIA Didn't Violate Plame's Rights; N.Y. Court Upholds 2007 Decision that Barred Former CIA Operative from Revealing Length of her Tenure with Agency." Chad Bray of Dow Jones Newswires has a report headlined "Appeals Court: CIA Didn't Violate Ex-Agent's Free Speech Rights." The New York Law Journal reports that "Circuit Upholds Ban on Disclosure of Details About Former Spy's Service." And at "The Am Law Daily" blog, Zach Lowe has a post titled "Weil Can't Help Plame Un-Redact Book." My earlier coverage of today's Second Circuit ruling appears at this link. On losing your sex appeal: BBC News has a report headlined "Noisy sex woman loses appeal bid," along with an earlier report headlined "Court hears couple's sex sessions." In today's edition of The Daily Mail (UK), columnist Craig Brown has an essay entitled "Silence in court! This case is a real scream..." Yesterday's edition of The Daily Mirror (UK) contained an article headlined "Noisy sex 'scary as murder.'" And earlier this week, The Telegraph (UK) reported that "Woman claims order banning her from noisy sex is breach of human rights." "Nominations Talk Opens Federalist Convention": At "The BLT: The Blog of Legal Times," David Ingram has a post that begins, "The top Republican on the Senate Judiciary committee launched the Federalist Society's annual convention this morning with a call to oppose President Barack Obama's most liberal nominees for the federal bench." Posted at 11:54 AM by Howard Bashman Second Circuit holds that the CIA did not violate the First Amendment when it refused to allow Valerie Plame Wilson to publish information regarding her possible pre-2002 service with the Agency, notwithstanding the prior public disclosure of that information: You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link. Posted at 10:35 AM by Howard Bashman Oh, bother: The Associated Press reports that "Winnie the Pooh royalties dispute appealed." Posted at 10:15 AM by Howard Bashman "Monroe honking case makes it to state Supreme Court; The argument over a woman's use of her horn in Monroe goes to the state Supreme Court": Yesterday's edition of The Daily Herald of Everett, Washington contained an article that begins, "A former Monroe woman once jailed over honking her horn during a neighborhood squabble over chickens is taking her fight against Snohomish County's noise rules to the state Supreme Court." Posted at 07:44 AM by Howard Bashman "Ricci's Back In Court": The New Haven Independent has an article that begins, "Four months after the U.S. Supreme Court ruled in favor of 20 New Haven firefighters, the controversial case has landed back in a local courthouse, where a jury trial looms." Posted at 07:42 AM by Howard Bashman "John O'Connor dies at age 79; Justice's spouse was expert lawyer": This obituary appears today in The Arizona Republic. Today's edition of The New York Times contains an obituary headlined "John J. O'Connor III, Husband of Former Justice, Is Dead at 79." The Washington Post contains an obituary headlined "John J. O'Connor III: Ariz. lawyer, husband of pioneering jurist." And The Los Angeles Times contains an obituary headlined "John J. O'Connor III dies at 79; attorney and husband of former Supreme Court Justice Sandra Day O'Connor; In a groundbreaking role reversal, he gave up his partnership at a venerable Phoenix law firm to accompany her to Washington when she became the court's first female member in 1981." "Law Students See Their Work in Action at Supreme Court": law.com has this report. Posted at 07:30 AM by Howard Bashman "Panel debates media, U.S. Supreme Court": This article appears today in The Daily Princetonian. Posted at 07:25 AM by Howard Bashman "New Lawsuits Try to Pierce Shield of Judicial Immunity": Ashby Jones has this article today in The Wall Street Journal. You can access the full text of the article via Google News. Posted at 07:20 AM by Howard Bashman "Her Honor: A Portrait of Justice Sonia Sotomayor." Latina magazine has posted online this lengthy excerpt of the cover story from its December/January issue. Posted at 07:18 AM by Howard Bashman Wednesday, November 11, 2009 "Showdown on Judicial Nominee Set for Next Week": At "The BLT: The Blog of Legal Times," David Ingram has a post that begins, "Senate Majority Leader Harry Reid (D-Nev.) is following through on a plan to cut off debate on President Barack Obama's most contentious circuit court nominee so far." And today's edition of Investor's Business Daily contains a related editorial entitled "Another Radical Judge." "Lawyer Learns that Roberts Speaks Only for Himself": Tony Mauro has this post at "The BLT: The Blog of Legal Times." Posted at 03:15 PM by Howard Bashman "'I Believe' tag fails test in court; Judge says S.C. religious plate based on discriminatory law": Today's edition of The Post and Courier of Charleston, South Carolina contains an article that begins, "A federal district court ruled Tuesday that the 'I Believe' license plate approved by the S.C. Legislature violates the constitutional separation of church and state and cannot be issued." The newspaper has posted online this photograph of the rejected license plate. The State of Columbia, South Carolina reports today that "Judge strikes down plate; Words on Christian cross ruled unconstitutional by federal jurist who says it promotes one religion over another." The Greenville News reports that "Legislation creating 'I Believe' license plans unconstitutional, judge rules." And The Associated Press reports that "Federal judge nixes SC license tag with cross." You can access yesterday's ruling of the U.S. District Court for the District of South Carolina at this link. "Class Actions Look for a Home": Today in The Daily Journal of California, Lawrence Hurley has an article that begins, "In a major class action case, the U.S. Supreme Court looks likely to reverse a 9th U.S. Circuit Court of Appeals ruling that makes it easier to sue big companies in plaintiff-friendly California state courts." And Dow Jones Newswires report that "US Supreme Court Appears Set To Change Corporate Location Test." "Justice O'Connor's Husband Dead at 79": Tony Mauro has this post at "The BLT: The Blog of Legal Times." And The Associated Press reports that "Husband of retired Justice O'Connor dies." How much is a volume of the Georgetown Law Journal worth to you? To Texas prison inmate, it was worth strike three under the Prison Litigation Reform Act. A unanimous three-judge panel of the U.S. Court of Appeals for the Fifth Circuit issued this ruling yesterday. Posted at 11:27 AM by Howard Bashman "While the issue is difficult and close, we believe that the rule against juror impeachment cannot be applied so inflexibly as to bar juror testimony in those rare and grave cases where claims of racial or ethnic bias during jury deliberations implicate a defendant's right to due process and an impartial jury." An email from a juror to the attorney for a criminal defendant in a case tried in the U.S. District Court for the District of New Hampshire resulted in this rather interesting ruling yesterday from the U.S. Court of Appeals for the First Circuit. Posted at 11:14 AM by Howard Bashman "Court ruling issued on Eagle Mountain landfill": The "Daily News Digest" blog of The Press-Enterprise of Riverside, California has a post that begins, "A three-judge panel of the 9th Circuit Court of Appeals issued a ruling [yesterday] on the proposed Eagle Mountain landfill near Joshua Tree National Park." At the recently restarted blog "How Green Is My Country," Sarah Rispin has a post titled "Ninth Circuit Affirms Reversal of BLM Decision Allowing Landfill Next to Joshua Tree." At the "Native Intelligence" blog of LAObserved, Deanne Stillman has this post about the ruling. And Kaiser Ventures has issued a news release titled "U.S. Court of Appeals for the Ninth Circuit Announces Its Decision on the Eagle Mountain Land Exchange." You can access yesterday's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link. Senior Circuit Judge Stephen S. Trott's dissenting opinion begins: What sane person would want to attempt to acquire property for a landfill? Our well-meaning environmental laws have unintentionally made such an endeavor a fool's errand. This case is yet another example of how daunting -- if not impossible -- such an adventure can be. Ulysses thought he encountered fearsome obstacles as he headed home to Ithaca on the Argo, but nothing that compares to the "due process" of unchecked environmental law. Not the Cyclops, not the Sirens, and not even Scylla and Charybdis can measure up to the obstacles Kaiser has faced in this endeavor.The dissenting opinion begins on page 33 of yesterday's ruling. Posted at 10:57 AM by Howard Bashman "From Justice Kennedy, a Lesson in Journalism": Adam Liptak has this interesting front page article today in The New York Times. Posted at 10:00 AM by Howard Bashman "Pfizer and Kelo's Ghost Town: Pfizer bugs out, long after the land grab." This editorial appears today in The Wall Street Journal. Related news coverage can be accessed here from The Hartford Courant and here, here, here, here, and here from The Day of New London, Connecticut. "Justices Sympathetic to Applying Headquarters Standard to Corporate Jurisdiction": Tony Mauro of The National Law Journal has this report. You can access at this link the transcript of yesterday's U.S. Supreme Court oral argument in Hertz Corp. v. Friend, No. 08-1107. "Yoo's lawyers warn of flood of political suits": Bob Egelko has this article today in The San Francisco Chronicle. And The Associated Press reports that "Former Bush aide seeks to toss torture memos suit." As noted in this post from yesterday morning, I have posted the appellate brief at this link.  
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