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Thursday, January 05, 2006 "Florida Supreme Court Blocks School Vouchers": The New York Times on Friday will contain an article that begins, "In a ruling expected to reverberate through battles over school choice in many states, the Florida Supreme Court struck down a voucher program yesterday for students attending failing schools, saying the State Constitution bars Florida from using taxpayer money to finance a private alternative to the public system." Posted at 11:30 PM by Howard Bashman "Senators to Demand Full Answers From Alito; Democrats Signal Willingness to Delay Final Vote on Supreme Court Confirmation": This article will appear Friday in The Washington Post. Posted at 11:28 PM by Howard Bashman "Even Before Alito Hearings, the Verdicts Are In": You can access Dana Milbank's "Washington Sketch" column, to be published in Friday's issue of The Washington Post, at this link. Posted at 10:20 PM by Howard Bashman Sadly, on the first occasion that I have ever linked to a ruling of the Judicial Appeals Tribunal of the Cherokee Nation, the court has misspelled its own name at the outset of the order: Earlier today, I noted here an article published today in The Muskogee (Okla.) Phoenix that begins, "The Cherokee Nation's highest court dismissed a suit filed by nine tribal councilors seeking to invalidate the marriage certificate of a lesbian couple married in May 2004." A longtime reader has found the ruling online, at this link. Posted at 10:18 PM by Howard Bashman "Reagan-era work contains clues on Alito's views": Joan Biskupic will have this article Friday in USA Today. Posted at 10:10 PM by Howard Bashman "Jose Padilla's First Appearance": David Oscar Markus was there in court and provides this report at his "Southern District of Florida Blog." Posted at 10:05 PM by Howard Bashman "Contentious Hearings Expected for US Supreme Court Nominee": Voice of America News provides this report. Friday's edition of The Wall Street Journal will contain an article headlined "Hearings to Air Issue Of Wartime Powers; Lawmakers Consider Extent Of President's Authority In Fight Against Terrorism" (free access). FOXNews.com reports that "Alito Faces More Hurdles in Confirmation Hearings." And The Associated Press reports that "Kennedy sees 'big hill to climb' for Alito." "Why Pho seems wrong: what 'law' was violated?" Law Professor Doug Berman has returned from consulting his unabridged dictionary, and he now has this follow-up post at "Sentencing Law and Policy" about today's First Circuit decision in a crack/powder cocaine sentencing disparity case. Posted at 08:44 PM by Howard Bashman "Facing suit, anonymous blogger lifts his mask; A local lawsuit has the potential for breaking new ground in the legal issues associated with blogging": This article appears today in The Minneapolis Star Tribune. Posted at 08:20 PM by Howard Bashman "Padilla arrives in Miami to face criminal charges": The Miami Herald provides this news update, which features a photo of the former alleged enemy combatant. And The AP reports that "Padilla Makes First Court Appearance" and provides another photo. Update: I just learned that the blog "The Talking Dog" today posted online an interesting interview with Andrew Patel, one of Jose Padilla's attorneys. "Dems Weigh Alito Confirmation Vote Delay": That's the headline on Jesse J. Holland's updated report for The Associated Press. The article erroneously states that "The Supreme Court is in recess until Feb. 21." In fact, the Justices will retake the bench this week to hear oral arguments beginning Monday morning. Posted at 07:45 PM by Howard Bashman "Alito's record on search and seizure matters comes under scrutiny": Stephen Henderson and Howard Mintz of Knight Ridder Newspapers provide this report. Posted at 07:30 PM by Howard Bashman "DNA Testing Ordered on Executed Man": The Washington Post provides a news update that begins, "Virginia Gov. Mark R. Warner (D) has ordered DNA testing that could prove the guilt or innocence of a man executed in 1992, marking the first time a governor has asked for genetic testing of someone already put to death." Posted at 07:28 PM by Howard Bashman "How Alito would shift high court on key issues; His confirmation hearings begin in the Senate Monday": Warren Richey will have this article Friday in The Christian Science Monitor. Posted at 05:24 PM by Howard Bashman "Democrats to Delay Alito Confirmation Vote": Jesse J. Holland of The Associated Press provides a report that begins, "Senate Democrats plan to delay the Judiciary Committee's vote on Samuel Alito's nomination to the Supreme Court for at least a week, slowing what could have been a quick confirmation process for President Bush's pick to replace retiring Justice Sandra Day O'Connor." Posted at 05:00 PM by Howard Bashman "Planned Parenthood Speaks Out Against Federal Abortion Ban and Samuel Alito; Supreme Court to Decide Whether It Will Hear Abortion Ban Case as Alito Hearings Are Set to Begin": That's the title of a press release that arrived via email not too long ago from Planned Parenthood Federation of America. According to the docket in Gonzales v. Carhart, the U.S. Supreme Court could announce Monday (and perhaps even tomorrow) whether it has agreed to review the Eighth Circuit's decision invalidating the federal Partial-Birth Abortion Ban Act of 2003. The federal government's cert. petition requesting Supreme Court review can be accessed here. On the issue of whether "partial birth" abortion may be prohibited, Justice Sandra Day O'Connor is the crucial fifth vote on the Court to invalidate such prohibitions. If the Court grants review in the case just before Samuel A. Alito, Jr.'s confirmation hearing is due to get underway at noon on Monday, no doubt the hearing will be even more interesting than it would otherwise be. No relation: Today in The Sacramento Bee, legal affairs writer Claire Cooper reports that "Corrigan joins state's high court; GOP moderate is sworn in after judicial panel unanimously backs her." The newest Justice on the Supreme Court of California is no relation to the former lead singer of The Smashing Pumpkins. Posted at 04:11 PM by Howard Bashman "Democrats see spying furor effect on Alito; Kennedy accuses court nominee of backing 'unlimited power' of president": Tom Curry, national affairs writer for MSNBC, provides this news analysis. Posted at 04:05 PM by Howard Bashman "What's your take on the rise of the blogging phenomenon?" Apparently the American Bar Association's "Section of Litigation" asked its members that question last month, and the rather amusing answers are here. Posted at 03:58 PM by Howard Bashman "Ex-Rep. Janklow to Get Law License Back": The AP provides this report on a ruling that the South Dakota Supreme Court issued today. Posted at 03:50 PM by Howard Bashman Name spat not Finnished to Budweiser's satisfaction: The Associated Press reports that "Czech Brewery Claims Win in Trademark Spat." For those who read Finnish, last week's ruling of the Supreme Court of Finland appears to be available online here (syllabus?) and here (complete ruling?). Posted at 03:44 PM by Howard Bashman On today's broadcast of the public radio program "Here & Now": The broadcast included segments entitled "Alito Hearings" (featuring Law Professor Jonathan Turley) and "Humor in the Court" (featuring Law Professor Jay Wexler; many more details are available at this link). RealPlayer is required to launch these audio clips. Posted at 03:33 PM by Howard Bashman The Associated Press is reporting: Now available online are articles headlined "Democrats Don't Plan Alito Filibuster" and "Padilla Brought to Face Civilian Charges." Posted at 03:18 PM by Howard Bashman "Top US Indian court upholds first gay marriage": Reuters provides this report. And The Muskogee (Okla.) Phoenix reports that "Top court scraps tribe's attempt to block gay marriage." If any readers have access to an electronic copy of the opinion, or know where the opinion can be accessed online, please let me know. "May a federal district court, consistent with the teachings of United States v. Booker, 125 S. Ct. 738 (2005), impose a sentence outside the advisory guideline sentencing range based solely on its categorical rejection of the guidelines' disparate treatment of offenses involving crack cocaine, on the one hand, and powdered cocaine, on the other hand?" A unanimous three-judge First Circuit panel today answers "no," in an opinion by Circuit Judge Bruce M. Selya. At the "Sentencing Law and Policy" blog, Doug Berman offers his thoughts on the ruling, including "In part because I believe this opinion is wrong, and in part because I have to look up some of the words Judge Selya uses in the opinion, lots and lots commentary will follow soon." Last month, I linked here to an article headlined "Cocaine cases: Finding justice; Rhode Island is at the center of a dispute over how to sentence people convicted of offenses involving crack versus powder cocaine" published in The Providence Journal. First Circuit holds that whistleblower protection provision contained in the Sarbanes-Oxley Act of 2002 is without extraterritorial effect: In an apparent case of first impression at the federal appellate court level, the court ruled today that the statute does not protect foreign citizens working outside of the United States for foreign subsidiaries of covered companies. You can access today's ruling at this link. Posted at 02:50 PM by Howard Bashman Goddess of Justice looks favorably upon viewpoint discrimination lawsuit brought by supporter of Ten Commandments display who objected to North Dakota county's display of Themis atop the Grand Forks courthouse: The U.S. Court of Appeals for the Eighth Circuit today issued a decision restoring a rather unusual viewpoint discrimination lawsuit against the University of North Dakota School of Law's Clinical Education Program. My earlier coverage of this dispute can be found here. Some modern-day depictions of Themis can be found in the "Blawg Review Awards 2005." Posted at 12:25 PM by Howard Bashman What don't we know, and when don't we know it: At his "Election Law" blog, Rick Hasen has a post titled "Measuring How Little We Know About Judge Alito's Views of Election Law." Posted at 12:10 PM by Howard Bashman Supreme Court of Florida declares that State's school voucher program unconstitutional: With thanks to "Abstract Appeal" for the pointer, you can access the court's opinion at this link. An early report from The Associated Press is headlined "Florida Supreme Court declares school vouchers unconstitutional." Posted at 12:03 PM by Howard Bashman "Merit-Based Judging: Understanding the judiciary." U.S. Senator John Cornyn (R-TX) has this essay today at National Review Online. Posted at 10:58 AM by Howard Bashman On today's broadcast of NPR's "Morning Edition": This morning's broadcast contained segments entitled "Business Groups to Endorse Alito Nomination"; "High Court Allows Transfer of Padilla to Civil Custody"; and "Government Asks for Dismissal of Guantanamo Cases" (RealPlayer required). Posted at 10:54 AM by Howard Bashman "Questioning Justice: Law and Politics in Judicial Confirmation Hearings." The Pocket Part, an online companion to The Yale Law Journal, offers an article on this subject by Robert Post & Reva Siegel, along with responses from Laurence H. Tribe, Erwin Chemerinsky, Randy E. Barnett, and Steven Lubet. Posted at 10:48 AM by Howard Bashman "Alito Likely to Be Grilled More Than Roberts; Meanwhile, Judge's Friends and Foes Campaign Hard as Senate Hearings Near": The Washington Post contains this article today. The Los Angeles Times reports today that "Both Sides Warming Up for Alito Hearings; The American Bar Assn. gives the Supreme Court nominee its highest rating; Critics accuse the judge of applying legal rules inconsistently." The New York Times reports that "Minister, a Bush Ally, Gives Church as Site for Alito Rally." The Washington Times contains articles headlined "ABA rates Alito as 'well-qualified'" and "Alito prized wit, not politics." In The Pittsburgh Post-Gazette, Michael McGough reports that "Bar group gives Alito highest rating." The newspaper also contains an article headlined "Santorum to join conservative Christian rally for Alito." The Richmond Times-Dispatch reports that "Former Alito law clerks campaign in Va." And The Wilmington News Journal reports that "Former Alito clerks to speak in Del." In commentary, Law Professor Stephen Gillers has an op-ed in USA Today entitled "Senators, don't rubber-stamp: The Supreme Court has changed, but the Senate's advice-and-consent role has not; It should, starting with the Alito hearings." And in The Chicago Sun-Times, columnist Lynn Sweet has an op-ed entitled "Alito foes hope to play the clock." "Justices Order Padilla Terror Case Moved to Civilian Court": This front page article appears today in The Washington Post. David G. Savage reports today in The Los Angeles Times that "High Court OKs Moving Padilla to Jail; The ruling is likely to spare the administration a defeat before the justices on whether Bush can imprison Americans as 'enemy combatants.'" And in USA Today, Joan Biskupic and Kevin Johnson report that "Court allows transfer of Padilla to civilian custody." "State High Court Gets New Justice; Carol A. Corrigan, a moderate Republican and a former prosecutor and appeals judge, is sworn in; She says she is 'in the center' politically": Maura Dolan has this article today in The Los Angeles Times. Posted at 06:22 AM by Howard Bashman "How Much Authority Does the President Possess When He Is Acting as 'Commander In Chief'? Evaluating President Bush's Claims Against a Key Supreme Court Executive Power Precedent." Edward Lazarus has this essay today at FindLaw. Posted at 06:14 AM by Howard Bashman  
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