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Tuesday, January 31, 2006 In news from Hawaii: The Honolulu Star-Bulletin today contains an article headlined "Public-jobs law disturbs judge; A suit claims the law barring nonresidents from government jobs is discriminatory" that begins, "A federal judge said he is troubled by a state law that prohibits out-of-state residents from applying for public employment, suggesting that the state Legislature review it." And The Honolulu Advertiser reports today that "Hiring law troubling, judge in lawsuit says." "Months later, the Al-Arian verdict opens new wounds; An Israeli family who wanted the jury to hear how they lost a daughter in a Palestinian terror attack never got the chance": This article appears today in The St. Petersburg Times. Posted at 11:40 PM by Howard Bashman In Wednesday's edition of The Washington Post: A front page article will report that "Alito Is Sworn In On High Court; Senators Confirm Conservative Judge Largely on Party Lines." And Dana Milbank's "Washington Sketch" column will bear the headline "New Justice's First Challenge: Clap On or Clap Off?." On this evening's broadcast of NPR's "All Things Considered": The broadcast contained segments entitled "Alito Confirmed as Newest Supreme Court Justice"; "Alito to Change High Court's Configuration" (featuring Nina Totenberg); and "Prosecutors Lay Out Case in Enron Fraud Trial." RealPlayer is required to launch these audio segments. Posted at 10:33 PM by Howard Bashman Available online from law.com: T.R. Goldman reports that "Alito Sworn In After 58-42 Vote." An article reports that "Prosecutor Says Lay-Skilling Case Is All About Lies." And in other news, "Stop Ga. Death Penalty Until Problems Solved, Report Says; ABA study cites habeas issues, jury confusion." "Appeals Courts Declare Limits on Partial Birth Abortion Unconstitutional": Henry Weinstein of The Los Angeles Times provides this news update. Posted at 10:15 PM by Howard Bashman In Wednesday's edition of The New York Times: Adam Liptak will have a news analysis headlined "Alito Vote May Be Decisive in Marquee Cases This Term." And in related coverage, "Alito Sworn In as Justice After Senate Gives Approval." In attendance at tonight's State of the Union address: From the Supreme Court of the United States, Chief Justice John G. Roberts, Jr. and Associate Justices Clarence Thomas, Stephen G. Breyer, and Samuel A. Alito, Jr. Posted at 10:04 PM by Howard Bashman "Patriot Act provision could limit inmate appeals": James Kuhnhenn of Knight Ridder Newspapers provides this report. Posted at 08:54 PM by Howard Bashman "Alito lends touch of drama to State of the Union; If new justice attends Tuesday night's address, he'll make history": Tom Curry, national affairs writer for MSNBC, provides this report. The Chicago Tribune on Wednesday will report that "Alito confirmed, sworn in for high court." The Hill on Wednesday will report that "Senate confirms Alito to the Supreme Court." And Patti Waldmeir of Financial Times provides a news update headlined "Boost for Bush as Alito is confirmed." "Supreme Court Blocks Florida Execution": The Associated Press provides a report that begins, "The Supreme Court on Tuesday blocked the execution of a man who killed a woman in her bathtub a decade ago, granting a stay to a Florida death row inmate for the second time in a week." Posted at 08:30 PM by Howard Bashman Role reversal: Rarely do plaintiffs argue that their cases aren't worth that much, but one well-established exception is after a case is removed from state to federal court based on diversity jurisdiction and then dismissed on the merits in federal court. Today, Circuit Judge Frank H. Easterbrook, on behalf of a unanimous three-judge Seventh Circuit panel, issued an opinion rejecting the plaintiff's argument that a dismissed slip-and-fall lawsuit against Red Roof Inns arising from an icy sidewalk in Indiana didn't assert a claim worth more than $75,000. Today's decision contains an interesting discussion of how a settlement demand of less than $75,000 can establish that the true value of a claim is in excess of $75,000. Posted at 05:28 PM by Howard Bashman The Associated Press is reporting: Now available online are articles headlined "Appeals Courts Uphold Abortion Finding" and "Chafee Takes GOP Maverick Role, Again." Posted at 05:22 PM by Howard Bashman Bring on the asterisk: In response to this earlier post, a reader emails: Clearly there should be two records, just as the baseball record books still list Babe Ruth as the record holder for most HR's in a 154 game season.Baseball fans may find some information of interest here. Posted at 04:58 PM by Howard Bashman "President Congratulates Judge Alito on Senate Confirmation": The White House issued this press release today. Posted at 04:08 PM by Howard Bashman On today's broadcast of NPR's "Day to Day": Today's broadcast contained segments entitled "Slate's Jurisprudence: Alito Confirmed, Enron Trial" (featuring Dahlia Lithwick) and "Enron Trader Tapes Available on the Internet" (the tapes and transcripts can be accessed via this link). RealPlayer is required to launch these audio segments. Posted at 04:05 PM by Howard Bashman "Tap Dancing -- Bush's wiretapping program: yes or no?" Here at The New Republic Online, Harvard Law Professor Philip B. Heymann debates Seventh Circuit Judge Richard A. Posner. Posted at 03:50 PM by Howard Bashman "Senate Confirms Alito to the Supreme Court; Nation's 110th Justice Sworn in by Chief Justice Roberts": law.com provides this news update. Posted at 03:45 PM by Howard Bashman Lyle Denniston is reporting: At "SCOTUSblog," he has posts titled "First decision to apply Ayotte ruling" and "Alito takes oath, now a Justice." Posted at 03:40 PM by Howard Bashman "We remand this case to the district court with the recognition that it may apply the principles of traditional salvage law to the wreck of the Titanic in a manner that serves either the owner or, absent an owner, the public interest and at the same time provides an appropriate award to the salvor." If today's two federal appellate partial-birth abortion rulings haven't provided enough excitement (see my earlier posts here and here), the Fourth Circuit today has issued an opinion involving an actual (as opposed to merely jurisprudential) shipwreck. To learn how the battle over who owns what's left of the R.M.S. Titanic will be resolved, you can access today's Fourth Circuit ruling at this link. Posted at 03:28 PM by Howard Bashman BREAKING NEWS -- U.S. Court of Appeals for the Second Circuit affirms district court decision holding Partial-Birth Abortion Ban Act of 2003 unconstitutional but requests additional briefing on the question of remedy: Today's ruling by a three-judge Second Circuit panel, in which each judge on the panel has issued a separate opinion, can be accessed here. Senior Circuit Judge Jon O. Newman delivered the opinion of the court. Chief Judge John M. Walker, Jr. issued a concurring opinion expressing dissatisfaction with the U.S. Supreme Court's current abortion jurisprudence. Chief Judge Walker's concurrence states, "I write separately, however, to express certain concerns with the Supreme Court's abortion jurisprudence generally and with Stenberg in particular." Circuit Judge Chester J. Straub dissented from today's ruling and would have held constitutional the ban on so-called "partial birth" abortion. In the dissenting opinion, he writes, "I find the current expansion of the right to terminate a pregnancy to cover a child in the process of being born morally, ethically, and legally unacceptable." For those who care about such things, Judge Straub was nominated to the Second Circuit by President William J. Clinton. "The Failed Alito Filibuster": Rick Hasen has this post today at the "Election Law" blog. And at "PrawfsBlawg" -- in a post titled "Poor Justice Breyer..." -- Steve Vladeck reminds us that Justice Stephen G. Breyer missed being the longest-serving "junior" Associate Justice on the U.S. Supreme Court by "that much." The record holder remains Justice Joseph Story. A question for statisticians and other mathletes in the audience is whether it's fair to compare without any adjustment Justice Story's tenure as junior Associate Justice with Justice Breyer's given that, when Story established his record, the Court consisted of merely seven Justices (see also here). In other words, wouldn't a vacancy among the Associate Justice ranks be actuarially more likely to occur on a Court of nine than a Court of seven? If so, then maybe Justice Breyer has an arguable claim to the record even now. "Court Upholds Challenge to Abortion Limit": The Associated Press provides this report. My earlier coverage is here. Posted at 02:35 PM by Howard Bashman Don't close the book quite yet on Third Circuit Judge Samuel A. Alito, Jr.: Demonstrating a belief in finishing what he started, Circuit Judge Alito today issued three opinions for the Third Circuit and also an order amending opinion. None of today's opinions appear particularly filibuster-worthy, although in one Judge Alito cast the deciding vote. Another involved an airport search that went bad from the perspective of the traveler. And in the third, Judge Alito on behalf of a unanimous three-judge panel reinstates a female letter carrier's claims for retaliation and sex discrimination pursuant to Title VII of the Civil Rights Act of 1964. Today could be the final day in which Alito officially participates in disposing of cases on behalf of the Third Circuit, although, as Chief Justice John G. Roberts, Jr. recently demonstrated, anything is possible. BREAKING NEWS -- U.S. Court of Appeals for the Ninth Circuit affirms district court decision holding Partial-Birth Abortion Ban Act of 2003 unconstitutional: You can access today's ruling, written by Circuit Judge Stephen Reinhardt on behalf of a unanimous three-judge panel, at this link. Today's opinion begins: This appeal presents a challenge to the constitutionality of the Partial-Birth Abortion Ban Act of 2003, Pub. L. No. 108-105, 117 Stat. 1201 (codified at 18 U.S.C. § 1531). We, like every other federal court that has considered the question, conclude that both the Constitution and the law as established by the Supreme Court require us to hold the Act unconstitutional. Unlike the other courts, however, we do so after fully considering the Supreme Court's recent decision in Ayotte v. Planned Parenthood of N. New England, No. 04-1144 (U.S. Jan. 18, 2006). In light of Ayotte, we conclude that the only appropriate remedy is to enjoin enforcement of the Act and we now affirm the district court's grant of a permanent injunction.The U.S. Court of Appeals for the Eighth Circuit, back in July 2005, likewise held this law unconstitutional. My report on that ruling can be accessed here. The federal government has filed a petition for writ of certiorari asking the U.S. Supreme Court to review the Eighth Circuit's decision. The cert. petition is fully briefed and awaits action from the Court. I'll leave it to conspiracy theorists to ponder over whether more than mere coincidence explains Judge Reinhardt's issuance of today's ruling in typescript form on the same day that the U.S. Senate confirmed Samuel A. Alito, Jr. to the U.S. Supreme Court. "Alito Is Sworn in for Supreme Court": Jesse J. Holland of The Associated Press provides this report. Posted at 01:24 PM by Howard Bashman "Senate approves Alito, 58-42": Lyle Denniston has this post at "SCOTUSblog." Posted at 12:24 PM by Howard Bashman BREAKING NEWS: It's official -- more than 50 U.S. Senators have voted to confirm Samuel A. Alito, Jr. to serve on the Supreme Court of the United States. And Jesse J. Holland of The Associated Press reports that "Senate Confirms Alito to Supreme Court." The final vote tally was 58-42. A first for the Third: When the U.S. Senate moments from now votes to confirm Samuel A. Alito, Jr. to serve on the Supreme Court of the United States, he will become the first judge from the U.S. Court of Appeals for the Third Circuit to join the U.S. Supreme Court. By my calculation, this leaves only the Fourth, Fifth, Tenth, Eleventh, and Federal Circuits as the U.S. Courts of Appeals that haven't yet had one of their judges promoted to the U.S. Supreme Court. Update: To clarify one issue, the starting point for my inquiry is in 1891, when Congress passed the Evarts Act, which created the U.S. Courts of Appeals as we currently have them today. As a result, Justice William Burnham Woods, who served on the U.S. Circuit Courts for the Fifth Circuit before joining the U.S. Supreme Court, doesn't count. Wishing Justice Sandra Day O'Connor all the best for the future: In her letter to President Bush, Justice O'Connor stated that she would retire from the Supreme Court of the United States "effective upon the nomination and confirmation of my successor." Justice O'Connor's retirement is thus scheduled to take effect within the next hour and a half when the U.S. Senate's vote to confirm Samuel A. Alito, Jr. is announced. As noted here, Justice O'Connor was nominated by President Ronald Reagan on July 7, 1981 and was sworn in on September 25, 1981. She was the first woman appointed to the Supreme Court of the United States. She has been referred to as the most powerful woman in the United States. Slate's conversation about Justice O'Connor's legacy can be accessed here. Upon Justice O'Connor's retirement, every case that has been argued thus far this Term but not yet decided will either be decided by the other eight current Justices (or fewer, if there are other recusals) or will be reargued before the Court with Justice Alito on the bench. A list showing the status of cases the Court has agreed to hear on the merits this Term can be viewed at this link. Meanwhile, Justice O'Connor bobblehead dolls remain up for auction at eBay, as described in this earlier post. "Ebbers's Prosecutors Questioned on Tactics": The Washington Post today contains an article that begins, "Federal judges hearing former WorldCom Inc. chief executive Bernard J. Ebbers's appeal of his fraud conviction sharply questioned prosecutors Monday about whether the government used the immunity process to take an unfair tactical advantage." Posted at 10:25 AM by Howard Bashman "Enron Jury Is Selected in One Day as Judge Sets Brisk Pace; Lawyers for defendants Lay and Skilling say they are pleased with the members of the panel": This article appears today in The Los Angeles Times. The Chicago Tribune reports today that "Enron drama begins in Houston; 1st arguments set in trial of 2 top execs." USA Today reports that "Enron jury gets seated in 8 hours flat." The Houston Chronicle today contains articles headlined "'You will be the judges of the facts,' jurors told"; "Less flash, more value in openings"; and "Scores of reporters -- and a rapper; Media flock here for trial, but find little in the way of news on Day 1." The Dallas Morning News reports that "Jury is seated in Enron trial; Defense pleased with panel, which judge had pledged to pick in a day." The Associated Press reports that "Opening Statements Next Step in Enron Case." Today's broadcast of NPR's "Morning Edition" contained a segment entitled "Opening Statements to Begin in Enron Trial." And CBS News legal analyst Andrew Cohen has an essay entitled "Enron: Where The Market Met The Law." The Houston Chronicle's "Enron: TrialWatch" blog provides updated coverage throughout the day. "Justices get rolling on injured skateboarder's case; They will decide whether parents can waive their children's rights to sue": The Newark (N.J.) Star-Ledger today contains an article that begins, "In a case involving a 12-year-old skateboarder's broken leg, the state Supreme Court has been asked to decide whether parents can sign away their children's rights to sue. The boy is suing the commercial skateboarding park where he was hurt, even though his mother had signed a form giving up that right." Posted at 10:00 AM by Howard Bashman The up-or-down vote in the U.S. Senate on whether to confirm Samuel A. Alito, Jr. to the Supreme Court of the United States will occur today at 11 a.m.: Final debate on the matter begins at 9:45 a.m., when the Senate starts work for the day. You can view the debate and vote live, online via C-SPAN2 (RealPlayer required). The Newark (N.J.) Star-Ledger reports today that "Democrats lose last bid to block Alito nomination." The Sacramento Bee reports today that "Smooth sailing ahead for Alito; Full Senate is expected to approve high court nominee this morning." CNN.com reports that "Alito confirmation expected today; Democratic attempt to block his nomination defeated." Jesse J. Holland of The Associated Press reports that "Alito on His Way to Confirmation." Thomas Ferraro of Reuters reports that "Senate set to confirm Alito to Supreme Court." And yesterday's broadcast of NPR's "All Things Considered" contained a segment entitled "Senate Ends Debate on Alito Nomination; Vote Nears." "Alito Seen as Carrying the Torch of Reagan": David G. Savage has this article today in The Los Angeles Times, which also reports that "Attempt to Filibuster Alito Goes Nowhere; Nearly half of the Senate's Democrats vote to end debate over the high court nominee, who is expected to be confirmed today." The Chicago Tribune reports today that "Senate paves way for Alito's confirmation; 72-25 vote defeats Democratic filibuster." And in related coverage, "Obama packs 'em in, riffs on Iraq, Alito." In The New York Sun, Josh Gerstein reports that "Senate Is Set To Confirm Judge Alito." And an editorial is entitled "Out of the Mainstream." USA Today reports that "Democrats clear way for Alito vote." Newsday reports that "Dems' filibuster fizzles." In The Pittsburgh Post-Gazette, Michael McGough reports that "Alito moves toward confirmation vote today after filibuster dies." In The Boston Globe, Charlie Savage reports that "Alito filibuster effort falls short; Kennedy, Kerry divide Democrats." The San Francisco Chronicle reports that "Dems fail to prevent Alito vote; Nominee expected to win confirmation to Supreme Court." The Washington Times contains articles headlined "Senate rejects filibuster of Alito" and "Opposing Alito may dog Chafee re-election bid." The New York Daily News reports that "No filibuster Alito on way to top court." The Rocky Mountain News reports that "Salazar votes to end debate." The Providence Journal contains articles headlined "Chafee won't support Alito" and "In R.I, abortion could become primary issue." And columnist M. Charles Bakst has an op-ed entitled "Chafee-Alito: Must this be so difficult?" The Pawtucket Times reports that "Chafee against Alito." The Indianapolis Star reports that "Alito filibuster fails; Bayh, Lugar split." The Arkansas Democrat-Gazette reports that "Lincoln, Pryor vote against Alito filibuster." The Arkansas News Bureau reports that "Pryor meets with Gang of 14 on Alito." The Arizona Republic contains an editorial entitled "Alito ready, able to replace O'Connor." The Pueblo Chieftain contains an editorial entitled "Cruel irony." And in The Wisconsin State Journal, columnist Bill Wineke has an op-ed entitled "Alito's effect will be on new issues of the future." "Weighing a Justice: Antonin Scalia's judicial philosophy is not just a cover for conservative ideology." Today in The Wall Street Journal, Law Professor John O. McGinnis has this review of Ralph A. Rossum's new book, "Antonin Scalia's Jurisprudence." Posted at 07:00 AM by Howard Bashman "Trial Opens in Challenge to Law Over Teenage Sex": The New York Times today contains an article that begins, "A federal trial opened here Monday over whether a Kansas law prohibiting virtually all sexual activity by people under age 16 means health care professionals and educators must report such behavior to state authorities, which some say would stop many teenagers from seeking contraception or treatment for sexually transmitted diseases." The Wichita Eagle reports today that "Teen sex reports a bad idea, 2 testify." The Associated Press reports that "Judge Hears Case on Kan. Juvenile Sex Law." And in The Chicago Tribune, Dennis Byrne has an op-ed entitled "Linking statutory rape and abortion." "Open courtroom urged in Hamas case": The Chicago Tribune today contains an article that begins, "The Chicago Tribune and more than 20 advocacy groups representing civil rights activists, the Arab-American community and others urged a federal judge Monday not to close her courtroom when Israeli security agents testify at a hearing in March." Posted at 06:50 AM by Howard Bashman "Angels' name prompts devil of a lawsuit; City of Anaheim, Calif., seeking more than $100M in damages from baseball team": USA Today contains this article today. Posted at 06:44 AM by Howard Bashman Monday, January 30, 2006 "Bush judge under ethics cloud: James H. Payne broke the law by ruling on corporations in which he held financial interests; Now Bush's nominee to the nation's second-highest court has the Senate and a top judge on his case." This article bearing tomorrow's date is available at Salon.com. And Salon's earlier report on the matter can be accessed here. Posted at 11:33 PM by Howard Bashman Available online from law.com: Justin Scheck reports that "9th Circuit Fishes for Punitive Fix in Exxon Case." In other news, "Ebbers' Appeal Argument Claims Prosecution Prevented Key Witnesses From Testifying." An article reports that "Calif. Appeal Courts at Odds Over Meal Breaks." And in news from New Jersey, "Bush Names Five to Federal Bench; Bumb, Hillman, Sheridan, Wigenton to district court; Chagares to circuit." "Enron Jury Chosen in First Day, Setting Stage for Opening Arguments": The New York Times on Tuesday will contain this article. Tuesday's edition of The Washington Post will report that "Jury Chosen for Lay, Skilling; Former Enron Executives' Trial, Which Starts Today, Caps Era of Corporate Scandal." And The Dallas Morning News provides an update headlined "Jury is seated in Enron trial; Defense pleased with panel, which judge had pledged to pick in a day." "Senate Clears Way for Vote to Confirm Court Nominee": This article will appear Tuesday in The New York Times, along with an article headlined "Two Nominee Strategies. One Worked." And The Washington Post on Tuesday will contain a front page article headlined "Senate to Vote On Alito Today; Confirmation Near as Filibuster Fails." "Kennedy Seen as The Next Justice In Court's Middle; Alito Expected to Tilt Conservative": Charles Lane will have this article Tuesday in The Washington Post. The Chicago Tribune on Tuesday will report that "Filibuster attempt fails; Alito likely to be confirmed Tuesday." The San Francisco Chronicle provides a news update headlined "Democrats don't get support for Alito filibuster; Just 25 votes of 41 needed means conservative is headed to Supreme Court." The Hill on Tuesday will contain articles headlined "Nuke option fizzles with easy cloture" and "Ford, black leaders at odds over Alito." And in Tuesday's issue of Financial Times, Patti Waldmeir has an article headlined "Conservatives join court, but how will they vote?" "Judge seats jury in Enron trial; Lay says trial is an opportunity to clear his name": The Houston Chronicle provides this news update. The New York Times provides a news update headlined "Jury Picked in Enron Trial." And The Associated Press reports that "Jury Selected for Enron Trial." "Anti-Alito filibuster soundly defeated; Final confirmation of Supreme Court nominee expected Tuesday": CNN.com provides this report. And Thomas Ferraro of Reuters reports that "Senate clears way for Alito confirmation." "Why Bush won the Alito fight: A look at the decisive dates in the struggle over the Supreme Court." Tom Curry, national affairs writer for MSNBC, provides this news analysis. Posted at 08:10 PM by Howard Bashman "Science Puts Enron E-Mail to Use": Wired News provides this report. Posted at 05:58 PM by Howard Bashman "DNA tests gain ground as legal defense; Even prosecutors are embracing the technology as a protection against wrongful imprisonment": Warren Richey will have this article Tuesday in The Christian Science Monitor. Posted at 05:54 PM by Howard Bashman "Senate Moves Alito Close to Confirmation": Jesse J. Holland of The Associated Press provides an updated report that begins, "The Senate all but guaranteed Samuel Alito's confirmation as the nation's 110th Supreme Court justice Monday, shutting down a last-minute attempt by liberals to block the conservative judge's nomination with a filibuster." Posted at 05:50 PM by Howard Bashman "Filibuster Effort Shows Intensity of Alito Opposition; Filibuster vote, expected tally on final confirmation demonstrate depth of opposition to Alito record and judicial philosophy": People For the American Way has issued this press release. And the National Women’s Law Center has issued a press release entitled "Sad Day for Women's Fundamental Rights and Freedoms." The U.S. Senate has voted to invoke cloture on the debate over the nomination of Samuel A. Alito, Jr. to the Supreme Court of the United States: The vote in favor of cloture was 72-25, exceeding the 60 votes required to end debate. The official roll call vote tally is here. The up-or-down vote on confirmation is scheduled to occur at 11 a.m. tomorrow. "Senate to Decide on Ending Alito Debate": Jesse J. Holland of The Associated Press provides this update. Based on the votes cast thus far, it sounds like cloture will be invoked by a comfortable margin. Posted at 05:02 PM by Howard Bashman "Haleigh Poutre is no Terri Schiavo": Cathy Young has this op-ed today in The Boston Globe. Posted at 04:50 PM by Howard Bashman "EBay v. MercExchange Amicus Briefs": "Patently-O: Patent Law Blog" offers this post today summarizing and linking to the amicus briefs. Posted at 04:48 PM by Howard Bashman Just moments from now: The U.S. Senate is about to begin voting on whether to invoke cloture of the debate over whether Samuel A. Alito, Jr. should be confirmed to the Supreme Court of the United States. Such votes tend to take about 45 minutes to conclude. You can view the voting live, online via C-SPAN2 (RealPlayer required). Posted at 04:30 PM by Howard Bashman Samuel A. Alito, Jr. will still receive more senatorial support from the Third Circuit than Chief Justice John G. Roberts, Jr. received from the D.C. Circuit: Only two of the six U.S. Senators who come from the States within the jurisdiction of the Third Circuit -- the two Republican Senators from Pennsylvania -- will vote to confirm Judge Alito. Update: In response to this post, a reader emails, "0/0 is undefined!" New Jersey's junior U.S. Senator, Robert Menendez (D-NJ), announces that he will vote against confirmation of New Jersey native Samuel A. Alito, Jr. to the Supreme Court of the United States: The Senator's speech -- his first ever on the floor of the U.S. Senate -- is underway now. Posted at 02:42 PM by Howard Bashman "No appellate court has yet decided whether adding named plaintiffs to a class action suit 'commences' a new suit for purposes of removal under CAFA." Once again, the U.S. Court of Appeals for the Seventh Circuit has issued a ruling construing the Class Action Fairness Act of 2005. Today's opinion, written by Circuit Judge Richard A. Posner on behalf of a unanimous three-judge panel, can be accessed here. Posted at 02:35 PM by Howard Bashman New Jersey's senior U.S. Senator, Frank R. Lautenberg (D-NJ), announces that he will vote against confirmation of New Jersey native Samuel A. Alito, Jr. to the Supreme Court of the United States: The Senator's speech is underway now on the floor of the U.S. Senate. Posted at 02:28 PM by Howard Bashman Fourth Democratic U.S. Senator plans to vote to confirm Samuel A. Alito, Jr. to the Supreme Court of the United States: U.S. Senator Kent Conrad (D-ND) has issued a press release entitled "Conrad To Vote In Favor of Alito; Senator Accepts Judge's Personal Pledge." Posted at 02:10 PM by Howard Bashman "Appeals Judges Question Ebbers Sentence": The Associated Press provides a report that begins, "A lawyer for former WorldCom Corp. chief Bernard Ebbers found a receptive audience Monday in appeals court judges who questioned the fairness of prosecutors and of the 25-year sentence Ebbers faces for an $11 billion fraud." Posted at 12:55 PM by Howard Bashman "Democrats unlikely to sustain filibuster against Alito": CNN.com provides this report. Posted at 12:54 PM by Howard Bashman "The filibuster fiasco: If they had geared up from the start to stop Alito, the Dems might have at least won a political battle; Now they'll lose both ways." Walter Shapiro has this essay at Salon.com. At National Review Online, Law Professor Douglas W. Kmiec has an essay entitled "Injudicious: John Kerry's threat." And at The Nation, John Nichols of "The Online Beat" blog has a post titled "Checks, Balances and the Duty to Filibuster." They paved paradise and put up a tax-exempt parking lot: The Pittsburgh Post-Gazette today contains an article headlined "Church parking lots win tax plea; High court ruling could affect property throughout state." Earlier this month, The Harrisburg Patriot-News reported that "Court's ruling gives church tax break on vital parking lot." The ruling that the Supreme Court of Pennsylvania issued late last month is available online (majority opinion; dissenting opinion). "Chafee statement on Judge Alito nomination": U.S. Senator Lincoln Chafee (R-RI) has issued a four-page statement that concludes, "I am a pro-choice, pro-environment, pro-Bill of Rights Republican and I will be voting against this nomination." And The Providence Journal offers a news update headlined "Chafee will vote against Alito." The update concludes, "Chafee had committed himself to help fellow Republicans break a last-ditch Democratic filibuster of the nomination. He re-affirmed that stand this morning." "Enron Trial Puts Focus on Fastow; Testimony by Ex-Finance Chief Will Likely Pose Challenges For Both Defense and Prosecution": This article (pass-through link) appears today in The Wall Street Journal. Posted at 11:00 AM by Howard Bashman U.S. Senator Lincoln Chafee (R-RI) to vote against the confirmation of Samuel A. Alito, Jr. to the Supreme Court of the United States: He becomes the first Republican to announce an intended "no" vote against the nominee. Details here. Posted at 10:55 AM by Howard Bashman "German patent court rules in RIM's favor": Reuters provides this report. Research In Motion's press release issued today is here. Posted at 10:50 AM by Howard Bashman "Kennedy Leads Final Effort to Block Alito": Jesse J. Holland of The Associated Press provides this report. Posted at 10:44 AM by Howard Bashman "John Kerry's Last Stand: The Alito Filibuster Backstory." The first substantive (in a manner of speaking) post of the new "Wonkette" is here. Posted at 10:40 AM by Howard Bashman "Trial of Enron ex-bosses to begin today; Finding unbiased jurors may be tough": This article appears today in The Toronto Globe and Mail. Today's broadcast of NPR's "Morning Edition" contained a segment entitled "Jury Selection Begins in Enron Fraud Trial" (RealPlayer required). Reuters reports that "Jury selection starts in long-awaited Enron trial." And The Associated Press reports that "Enron's Lay, Skilling Arrive at Court." The Houston Chronicle features three blogs that will provide coverage of the trial: "Enron: TrialWatch"; "Enron: Legal Commentary; Lay-Skilling trial analysis from Houston-area attorneys": and "Full Disclosure." "Why Bush needs a new lawyer": Former D.C. Circuit Judge Abner J. Mikva has this op-ed today in The Boston Globe. Posted at 10:15 AM by Howard Bashman "Too short a career on the federal bench": The Kalamazoo Gazette yesterday contained an editorial that begins, "Susan Bieke Neilson could have served the last four years of her life as a federal appeals judge." Posted at 10:12 AM by Howard Bashman Gimme a C-L-O-T-U-R-E: What is slated to be the penultimate day of debate on whether to confirm Samuel A. Alito, Jr. to the Supreme Court of the United States is scheduled to begin on the floor of the U.S. Senate at 10 a.m. today. You can view the proceedings live, online via C-SPAN2 (RealPlayer required). A cloture vote on the debate is scheduled to occur at 4:30 p.m. today, and the U.S. Senate's up-or-down vote on the nomination is scheduled for 11 a.m. tomorrow. Posted at 09:54 AM by Howard Bashman Don't spend it all in one place: The lawyer who emerged last week from a Tenth Circuit en banc ruling as the proud recipient of a $1.50 attorney's fee award under the federal civil rights act has graciously agreed to take part in a written interview to be posted online here at "How Appealing" in the near future. Even better, he will participate entirely free of charge. Aside from the obvious questions -- how many hours did you work, and what effective hourly rate does the $1.50 attorney's fee produce?; do you anticipate that the defendant will voluntarily pay your $1.50 attorney's fee, or will additional litigation be required?; how do you plan on spending the fee, or perhaps you will invest it tax-deferred as part of your retirement savings?; had you known when a federal judge asked you to accept this matter that your fee if you won would be $1.50, would you have done anything differently? -- are there any other questions that I should be asking the interviewee? If so, please feel free to forward them to me via email. Last week's Tenth Circuit en banc ruling is here, and that court's earlier three-judge panel ruling in the case is here. The new "Wonkette" has arrived: From Wachtell Lipton Rosen & Katz, to the Newark, New Jersey U.S. Attorney's Office, to full-time gossip blogger. Given this downward spiral, can homelessness be very far away? Which, of course, is just another way of saying that one of the two new writers for "Wonkette" is the author of "Underneath Their Robes." Posted at 08:45 AM by Howard Bashman "Redact This: Preserving Secrets on Appeal in the Digital Age." The brand-new installment of my weekly "On Appeal" column for law.com can be accessed here. Here's law.com's summary: "As many have learned to their dismay, Internet anonymity is much harder to attain than it appears. In this time of executive branch eavesdropping on overseas communications and Department of Justice subpoenas to Internet search providers, some may wonder where the judicial branch stands on keeping secrets online. The answer is generally encouraging, although some courts and electronic filers could be more attuned to the privacy issues that electronic filing presents." Posted at 08:40 AM by Howard Bashman "Blawg Review #42": Available here at the blog "Cyberlaw Central." Posted at 07:30 AM by Howard Bashman "Obama joins filibuster bid against Alito; But senator criticizes tactic, says it will fail": The Chicago Tribune contains this article today. And The Washington Times reports today that "Obama criticizes party for strategy." "Agreeing on 12 Enron jurors no easy feat; Lawyers, set to start eliminating candidates today, will be drawn to different qualities": This article appears today in The Houston Chronicle, along with an article headlined "For key players, a day of work, worship; Media set up outside the courthouse as legal teams make final preparations." The Los Angeles Times today contains articles headlined "Trial of Former Enron Chiefs Starts Today; Jury selection begins in the federal fraud case against Kenneth Lay and Jeffrey Skilling" and "Trader's Effect Felt Powerfully in the West." USA Today contains articles headlined "Enron's legacy: Scandal marked turning point for business world; Impact felt in energy trading, lawsuits, corporate governance and regulations" and "Unindicted, yet under a shadow; Ex-Enron officials in legal twilight zone." In addition, an editorial is entitled "Spinning justice's scales." CNN.com provides a report headlined "Enron's Lay: Trial will turn out 'fine'; Jury selection set to begin after defense requests denied." The Chicago Tribune yesterday published an article headlined "Explainer for Enron: Indicted exec Jeffrey Skilling hires Chicago lawyer Daniel Fischel as an expert witness." The Baltimore Sun yesterday published an article headlined "Lessons unclear after fall of Enron; Some companies and investors still tread risky paths." And today in The New York Times, Law Professor Henry T.C. Hu has an op-ed entitled "Enron Happens." "Sign Here: Presidential signing statements are more than just executive branch lunacy." Dahlia Lithwick has this jurisprudence essay online at Slate today. Posted at 07:14 AM by Howard Bashman "O'Connor era ends at court, continues in law; History-making tenure marked by shifts and surprises": Joan Biskupic has this article today in USA Today. The newspaper also contains a related item headlined "Her opinions set today's standards." Posted at 07:10 AM by Howard Bashman "Al Qaeda Detainee's Mysterious Release; Moroccan Spoke Of Aiding Bin Laden During 2001 Escape": The Washington Post contains this article today. Posted at 07:05 AM by Howard Bashman "A Law Clerk Hiring Update: Justice Kennedy's Swinging Clerks!" This post appears today at "Underneath Their Robes." Posted at 06:50 AM by Howard Bashman In the February 6, 2006 issue of The New Yorker: Malcolm Gladwell has an article titled "Troublemakers: What pit bulls can teach us about profiling." And Mimi Swartz has a Talk of the Town essay entitled "Pencils Up! Enron Multiple Choice." "The Supreme Court's Surprisingly Unanimous Abortion Decision: A Parting Gift for Justice O'Connor?" FindLaw commentator Michael C. Dorf has this essay today. Posted at 06:40 AM by Howard Bashman Sunday, January 29, 2006 "Women demand tougher laws to curb abortions; Poll reveals growing concern over late terminations": The Observer (UK) today contains an article that begins, "A majority of women in Britain want the abortion laws to be tightened to make it harder, or impossible, for them to terminate a pregnancy." (Via "PrawfsBlawg"). Posted at 10:58 PM by Howard Bashman In Monday's edition of The New York Times: Tomorrow's newspaper will contain articles headlined "In Alito, G.O.P. Reaps Harvest Planted in '82" and "An Enron Jury Free of Grudges? Easy, Judge Says." Posted at 10:44 PM by Howard Bashman "Punitive damages appealed in Valdez spill; Oil company says it has been punished enough for accident": Bob Egelko had this article yesterday in The San Francisco Chronicle. The audio of Friday's oral argument before a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit can be accessed via this link (Windows Media format). Posted at 10:40 PM by Howard Bashman "Amendment reroutes monies for V.I. Supreme Court to St. Croix": Yesterday's issue of The Virgin Islands Daily News contained this article. Posted at 10:33 PM by Howard Bashman "Patently Absurd: The inside story of RIM's wireless war." This lengthy article appeared yesterday in The Toronto Globe and Mail. Posted at 10:30 PM by Howard Bashman "Is a BlackBerry blackout likely? Most experts say no; patent fight over e-mail device is at key phase here next month." The Richmond Times-Dispatch today contains an article that begins, "Inside the stone walls of the federal courthouse in downtown Richmond rests the threat, though perhaps a small one, of a blackout on the BlackBerry wireless e-mail gadgets." Posted at 10:08 PM by Howard Bashman "Top Enron Officials' Trial Begins Today; Firms' Collapse Sparked Crackdown": This article will appear Monday in The Washington Post. Posted at 10:05 PM by Howard Bashman "Additional Thoughts on Alito": Law Professor Geoffrey R. Stone has this post today at the University of Chicago Law School's "Faculty Blog." His earlier post on the subject is here. Posted at 07:57 PM by Howard Bashman "Democrats didn't make their case on Alito, Obama says": This article will appear Monday in The Chicago Tribune. Posted at 07:54 PM by Howard Bashman "Welcome, New York Times Readers": This new post appears today at the blog "Underneath Their Robes." By the way, tomorrow marks David B. Lat's debut as a blogger at "Wonkette." Posted at 05:35 PM by Howard Bashman The Associated Press is reporting: Now available online are articles headlined "Sen. Obama Criticizes Filibuster Tactic" and "Frist: Gov't Unwanted in End-Of-Life Cases." Posted at 02:00 PM by Howard Bashman The St. Petersburg Times is reporting: Today's newspaper contains articles headlined "Case might slow executions; An appeal from Florida's death row may give inmates everywhere an avenue to challenge lethal injections" and "On eve of Enron trial, aftershocks; The energy empire's collapse still reverberates - even in the Tampa Bay area - as the trial of the founder and CEO begins." Posted at 11:02 AM by Howard Bashman "Judge Alito Passes Muster": This editorial appears today in The Hartford Courant. The Las Vegas Review-Journal today contains an editorial entitled "Alito appears clear -- maybe; Nevada's Harry Reid might vote to filibuster." The Huntsville Times contains an editorial entitled "The inevitable Alito." The Decatur (Ala.) Daily contains an editorial entitled "Now is not right time for Democrats to fall on swords." The Beaver County (Pa.) Times contains an editorial entitled "Win Elections." In The San Jose Mercury News, Susan Estrich has an op-ed entitled "The likely tie-breaker on abortion? Not Alito." In The Pueblo Chieftain, U.S. Senator Wayne Allard (R-CO) has an op-ed entitled "Senate should confirm Judge Alito’s nomination." In The Boston Globe, columnist Joan Vennochi has an op-ed entitled "Tilting at Alito." In The Sioux Falls Argus Leader, columnist David Kranz has an op-ed entitled "Johnson's vote for Alito stirs debate among South Dakota Democrats." In The Washington Times, Carey Roberts has an op-ed entitled "Fathers back in abortion debate." In The Houston Chronicle, Olive Hershey has an op-ed entitled "The shame I don't wish on any woman; Alito's confirmation stirs up dark memories of growing up in '50s." In The Anniston Star, H. Brandt Ayers has an op-ed entitled "Sam Alito's times." In The Athens Banner-Herald, Wendy Chambers has an op-ed entitled "High court nominee no fan of 'little guy.'" And in The Albany (N.Y.) Times Union, Marianne Means has an op-ed entitled "Beware of Alito's hidden agenda." "Palace Revolt: They were loyal conservatives, and Bush appointees; They fought a quiet battle to rein in the president's power in the war on terror; And they paid a price for it." Daniel Klaidman, Stuart Taylor Jr. and Evan Thomas have this lengthy investigative article in the February 6, 2006 issue of Newsweek. Posted at 09:54 AM by Howard Bashman "The gay divorcees: First came gay marriage; Now comes the inevitable - and a slew of unprecedented legal questions." The Ideas section of today's edition of The Boston Globe contains this article. Posted at 09:52 AM by Howard Bashman "Gay Marriage Politics": This editorial appears today in The Washington Post. Posted at 09:30 AM by Howard Bashman "Lay, Skilling trial will be a battle of strategies; The defense will focus on intricate accounting, and prosecutors want to keep it simple": Mary Flood has this article today in The Houston Chronicle, along with an article headlined "Enron judge comes to trial well-prepared." Today's newspaper also contains profiles of defense attorneys headlined "Lay attorney won't shy away from fight"; "Criminal case something new for Skilling lawyer." The newspaper contains profiles of prosecution attorneys headlined "Attorney 'destroys the other side'"; "Ex-judge argues for government"; "Prosecutor gained experience fast"; and "Lead attorney relishes challenge." Finally, today's newspaper reports that "Seating is 'first come, first serve'; 'Overflow' room with big-screen TV will accommodate 120 reporters or other spectators." "Senators promise yes votes for Alito": This article appears today in The Fairbanks (Alaska) Daily News-Miner. Posted at 08:50 AM by Howard Bashman Saturday, January 28, 2006 In Sunday's edition of The New York Times: Tomorrow's newspaper will contain articles headlined "Who Will Steal the Enron Show?" and "10 Enron Players: Where They Landed After the Fall." Posted at 11:05 PM by Howard Bashman "Susan Bieke Neilson: She had a passion for justice." The Detroit Free Press today contains an obituary that begins, "Described by her colleagues as a highly respected and dedicated jurist, Judge Susan Bieke Neilson died this week, just three months after being confirmed to the U.S. 6th Circuit Court of Appeals following a lengthy political battle." And yesterday, The Kalamazoo Gazette reported that "Judge kept spirits up despite setbacks." In news from Michigan: The Associated Press provides a report headlined "Court equates downloading child porn to creating it" that begins, "A Muskegon-area man who is accused of downloading Internet photos of child sex onto compact discs can be charged with making or manufacturing child pornography, the Michigan Court of Appeals has ruled. The court released an opinion Wednesday upholding the Muskegon County prosecutor's decision to charge former Egelston Township Treasurer Brian Lee Hill with making child porn, a 20-year felony. Hill had argued the proper charge should have been possessing child porn, a four-year felony." And The Muskegon Chronicle reported on Thursday that "Court makes child pornography downloads a 20-year felony." You can access this week's ruling of the Michigan Court of Appeals at this link. Relatedly, Slashdot provides a discussion thread entitled "Court Rules Burning Porn = Making Porn." Auctioned bobblehead Justices appear to nod in agreement with eBay's Brief of Petitioners filed two days ago in the U.S. Supreme Court: "Patently-O: Patent Law Blog" offers a post titled "eBay Questions 'Nearly-Automatic' Availability of Patent Injunctions." Posted at 08:23 PM by Howard Bashman "Leahy Introduces Judicial Ethics Bill; Bill Promotes Transparency On Conflicts Of Interest And So-Called 'Judicial Junkets'": U.S. Senator Patrick J. Leahy (D-VT) issued this press release yesterday. The release contains the text of the proposed legislation, which appears to implement some suggestions that I made in my September 2002 monthly appellate column, titled "Privately-Sponsored Educational Junkets For Federal Judges -- Should They Be A Cause For Concern?" Posted at 08:15 PM by Howard Bashman "The Lessons of Alito: It's important to remember one thing: quality matters." The February 6, 2006 issue of The Weekly Standard will contain this editorial. Posted at 08:00 PM by Howard Bashman "Biggest of Enron trials begins Monday; As Lay-Skilling date arrives Monday, interest high for victims, city": This front page article appears today in The Dallas Morning News. Posted at 07:50 PM by Howard Bashman "Ruling puts 2 candidates back on ballot; Technical flaws in filing overturned in Court of Criminal Appeals race": The Dallas Morning News today contains an article that begins, "The Texas Supreme Court converted a one-horse contest for the state's highest criminal court into a three-way derby Friday, restoring two candidates to the ballot." The Austin American-Statesman reports today that "Keel opponents win in court; Ruling gives both candidates chance to regain spot in March primary." And The Fort Worth Star-Telegram reports that "Texas Supreme Court puts pair back on GOP primary ballot." You can access yesterday's rulings of the Supreme Court of Texas online (first case: majority opinion; dissenting opinion) (second case: majority opinion; dissenting opinion). Thanks to Rick Hasen for the pointer. "The First Amendment protects posting about principal, ACLU claims": The Pittsburgh Post-Gazette today contains an article that begins, "A high school senior from Hermitage who was suspended and moved to an Alternative Education Program for creating an online parody of his principal has filed a federal lawsuit against the district." And The Pittsburgh Tribune-Review reports today that "ACLU backs teen." More information about the case is available via this link. "Bush Presses Alito Nomination on Radio": The Associated Press provides this report on the radio address that President Bush delivered today. Posted at 03:30 PM by Howard Bashman "Ten Commandments law predicted; House speaker says OK is likely": This article appears today in The Atlanta Journal-Constitution. And in quite tragic news, the former next-door neighbor of Michael Newdow has been charged in Charlotte, North Carolina with stabbing his twin 5-year-old daughters to death. In earlier coverage, The Sacramento Bee reported that "Twins fatally stabbed; father charged; The N.C. family formerly had lived in Sacramento." And today, The Charlotte Observer reports that "Death penalty foe joins Crespi defense; Judge appointing 2nd lawyer to represent father of slain twins." "Enron Executives Prepare for Trial": This segment (RealPlayer required) appeared on today's broadcast of NPR's "Weekend Edition - Saturday." Meanwhile, in today's edition of The Houston Chronicle, Mary Flood reports that "Skilling loses four charges; 31 remain." The newspaper today also contains articles headlined "Tilted E went from letter-perfect logo to infamous symbol of energy excess; The vainglorious vowel gained value after the firm's fall" and "Houston isn't on trial this time around, groups say; Unlike some big media events in past, it's a tale of two men, and not the city itself." And the newspaper yesterday launched a blog titled "Enron: Legal Commentary; Lay-Skilling trial analysis from Houston-area attorneys." "Our Policy on Marriage": Ken Budd has this item at "McSweeney's Internet Tendency." Posted at 10:20 AM by Howard Bashman "Democrats Split on Filibuster to Protest Alito Confirmation": The Los Angeles Times contains this article today. In addition, Jonathan Zimmerman has an op-ed entitled "Alito's mythical feel-good America; Alito's feel-good vision of America before hippies and protests simply isn't true." The Washington Post reports today that "Kerry Defends Senate Filibuster on Alito as 'a Vote of History.'" The Boston Globe contains an article headlined "An uphill battle for filibuster votes; Kennedy, Kerry push a last-ditch effort against Alito." In The Pittsburgh Post-Gazette, Michael McGough reports that "Kerry makes Senate pitch for filibuster against Alito; But fellow Democrats show little inclination to follow him." The Newark (N.J.) Star-Ledger reports that "They want to go down swinging on Alito; Several Democrats seeking a filibuster that is almost certain to fail." The Indianapolis Star reports that "Bayh silent after meeting with nominee." The Providence (R.I.) Journal contains an article headlined "Chafee: Filibuster of Alito doomed; The senator has not said whether he will vote to confirm the Supreme Court nominee, but says he will vote to break any stall tactic by Democrats." The Arkansas Democrat-Gazette contains an article headlined "Will vote no on Alito, filibuster, Pryor says." The Arkansas News Bureau reports that "Pryor to vote 'no' on Alito." Newsday reports that "Clinton to support filibuster; Says she'll join Sen. Kerry in blocking Alito's nomination, putting her at odds with top Democrats." The New York Daily News reports that "Hil's for filibuster; Takes rebel stand to oppose Alito OK for Supremes." The Louisville Courier-Journal reports that "Kennedy postpones Louisville speech to fight Alito vote." The Quad-City Times of Davenport, Iowa contains articles headlined "Harkin, Obama: Alito filibuster is unlikely" and "Obama: Votes aren't there for Alito filibuster." The Times-Republican of Marshalltown, Iowa reports that "Grassley says Alito looks to be voted in." And The Wilmington (Del.) News Journal reports that "GOP's anti-Biden billboards rejected; Clear Channel says ads would violate negative attack policy." "U.S. attorney hunt stalls; White House pick for Colo. post isn't on Allard's short list": This article appears today in The Rocky Mountain News. Posted at 09:57 AM by Howard Bashman "Court Lifts Ban on Kansas Underage Sex Law": The Associated Press provides a report that begins, "A federal appeals court lifted a ban on a Kansas law that required health care providers to report consensual underage sex to authorities. The 10th U.S. Circuit Court of Appeals on Friday reversed the finding of a lower court, ruling that Kansas has a legitimate interest in information about the voluntary sexual conduct of children that overrides the minors' right to privacy." Posted at 09:54 AM by Howard Bashman "In court, security is literally shocking; Stun belts are replacing shackles": This article appears today in The Kansas City Star. Posted at 09:52 AM by Howard Bashman "Judicial Exposure": In tomorrow's issue of The New York Times, Law Professor Jeffrey Rosen will have an interesting essay in the Sunday Book Review in which he writes, "Defenders of the new judicial openness say that the more the public knows about judges' political views and personal habits, the better informed we will be about the basis for their decisions. But it remains to be seen whether judges, by revealing too much about themselves in books and blogs, will squander the sense of impersonal respect on which their legitimacy depends." Posted at 09:50 AM by Howard Bashman "Patent fight could shut BlackBerry users down": This front page article appears today in The Sacramento Bee. Posted at 09:45 AM by Howard Bashman "With O'Connor Retirement and a New Chief Justice Comes an Awareness of Change": Linda Greenhouse has this article today in The New York Times. Posted at 09:44 AM by Howard Bashman Friday, January 27, 2006 "Clinton to support Alito filibuster; Says she’ll join Sen. Kerry in blocking Alito’s nomination, putting her at odds with top Democrats": Newsday provides this update. And in related coverage, Saturday's edition of The Washington Post will contain an article headlined "Blogs Attack From Left as Democrats Reach for Center." "Bush Presses On in Legal Defense for Wiretapping": Eric Lichtblau and Adam Liptak will have this article Saturday in The New York Times. Posted at 11:28 PM by Howard Bashman "Judge to Remain in Terrorism Trial": The New York Times today contains an article that begins, "A federal appeals court yesterday rejected an attempt by prosecutors to oust a judge from a terrorism case, dismissing the government's argument that the judge, Shira A. Scheindlin, was biased in favor of the defendant." Posted at 11:24 PM by Howard Bashman Available online from law.com: Marcia Coyle reports that "Alito's 'Murder Board' a Mix of the Legal Elite; Ted Olson, Harriet Miers on rehearsal staff." Tony Mauro reports that "Political Spotlight Shines on Judicial Ethics; Justice Antonin Scalia's participation in Federalist Society seminar raises some questions." An article reports that "N.Y. Federal Judge Keeps Terror Trial Over Removal Request; Panel rules Scheindlin acted within discretion." In news from Georgia, "Courthouse Shooting Victims' Suits Hinge on Issue of Sheriff's Employment." In news from Texas, "The Big Show: Jury Selection Crucial Element in Imminent Lay-Skilling Trial; Voir dire begins today amid judge's assurances of a fair trial in Houston." And the brand new installment of my weekly column is entitled "Redact This: Preserving Secrets on Appeal in the Digital Age." "Bring It On: John Kerry tries to revive the filibuster." This editorial appears today in The Wall Street Journal. Posted at 09:58 PM by Howard Bashman The Associated Press is reporting: Gina Holland has an article headlined "Senators Pitch Limiting Judges' Free Trips" that begins, "Three senators on Friday proposed new limits on expense-paid trips for federal judges and a system to let the public know about potential courthouse conflicts." David Kravets reports that "Exxon Mobil Urges Court to Erase Judgment." And an article is headlined "Filibusters: Know Them When You See Them." Available online from law.com: An article is headlined "Are Punitive Damage Awards Too High? Two leading scholars crunch the numbers and come up with very different answers on jury awards." Justin Scheck has an article headlined "9th Circuit Panel: Overseas Sex With Minor Subject to Regulation." And in news from Texas, "Baggage Check: Next Trial True Test for Enron Task Force." |