"Solicitor general nominee says 'enemy combatants' can be held without trial; Elena Kagan tells a senator that she agrees with Atty. Gen. Holder that the U.S. is at war and therefore may hold suspected terrorists indefinitely":
David G. Savage of The Los Angeles Times has this news update
And law.com reports that "Solicitor General Nominee Kagan Faces the Senate."
"Appeals court will decide fate of 'the list'":
The Associated Press has this report
about a case that is pending before an eleven-judge en banc panel of the U.S. Court of Appeals for the Ninth Circuit
. The list in question contains the names of 104 Major League Baseball players who have tested positive for steroids.
"The Florida Supreme Court has yet to address whether the posting of information on an out-of-state website about a company with its principal place of business in Florida would meet the statutory requirements for long-arm jurisdiction."
So observes a three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit
in an opinion
issued today certifying a question for resolution by the Supreme Court of Florida
"Appeals court acquits man because he isn't Indian":
The Associated Press provides a report
that begins, "A federal appeals court Tuesday reversed the conviction of a Montana man imprisoned for assaulting a woman because the law under which he was charged required that he be an American Indian."
You can access today's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link. Circuit Judge Stephen Reinhardt wrote the majority opinion, in which Circuit Judge Sidney R. Thomas joined. Chief Judge Alex Kozinski wrote a blistering dissent.
"Judge: Force-feeding fine for Gitmo."
At Politico.com, Josh Gerstein has an article
that begins, "A federal judge ruled Tuesday that the U.S. government has the right to continue force-feeding hunger-striking prisoners at Guantanamo Bay -- leaving it up to President Barack Obama whether to press on with the practice." You can access today's ruling of the U.S. District Court for the District of Columbia
at this link
And Carol Rosenberg of The Miami Herald has a news update headlined "Guantanamo camps chief gets a promotion."
"See No Evil: Why is the Obama administration clinging to an indefensible state-secrets doctrine?"
Dahlia Lithwick has this jurisprudence essay
online at Slate.
"Federal Appeals Court Hears Abu Ghraib Torture Suits":
"The BLT: The Blog of Legal Times" has this post
about an appeal argued today before a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit
"Kagan Confirmation Hearing Doubles as Vetting for Potential New Justice; Elena Kagan has been nominated to be solicitor general, but senators at her confirmation hearing sounded like they were questioning a possible replacement for Supreme Court Justice Ruth Bader Ginsburg":
FOXNews.com provides this report
And at CQ Politics, Keith Perine reports that "Path Seems Clear for Solicitor General Nominee, Other Top Justice Pick."
Via C-SPAN, you can view archived video of today's confirmation hearing before the Senate Judiciary Committee by clicking here. And "The BLT: The Blog of Legal Times" provides photos.
New York State's highest court hears oral argument in Golden Gate Yacht Club v. Societe Nautique De Geneve:
The oral argument is underway now, and you can view it live by clicking here
(Windows Media Player required). [Update
: The oral argument has concluded. Archived video should become available at the court's web site sometime tomorrow.] Barry R. Ostrager
is arguing for the appellee, while Maureen E. Mahoney
is arguing for the appellant.
The Associated Press reports that "America's Cup court case sails into final showdown."
The article begins, "This isn't quite what billionaire sailors and one-time pals Larry Ellison and Ernesto Bertarelli had in mind when they spoke in recent years about modernizing the stodgy old America's Cup to the point that even landlubbers would embrace it. More than a year and a half after the spinnakers were doused following one of the most riveting regattas in the 158-year history of the America's Cup, the future of the oldest trophy in international sports will be decided not by sailors splashed by sea spray, but by seven judges in a stately, columned courthouse in upstate New York."
Listen online to yesterday's Ninth Circuit oral argument in Mohamed v. Jeppesen Dataplan, Inc., No. 08-15693:
A three-judge panel of the U.S. Court of Appeals for the Ninth Circuit
heard oral argument yesterday in this case, in which the Obama Administration is persisting in the Bush Administration's assertion of the "state secrets" doctrine in response to plaintiff's claims of illegal rendition and torture.
You can access the oral argument audio by clicking here (Windows Media Player required).
Today's broadcast of NPR's "Morning Edition" contained an audio segment entitled "New Administration Backs Bush Secrecy Policy" (RealPlayer required).
Last night, I had this post collecting press coverage of yesterday's oral argument. Related recent earlier posts appear here, here, and here.
"Hawaii in Legal Spotlight: Ceded lands case headed to US Supreme Court at the end of the month."
Yesterday's edition of The Molokai Dispatch contained this article
"Suit claims paper broke its promise; Involved are attorney Robert L. Wolf, his former client, and Willamette Week": This article
appears today in The Oregonian.
"A story built on property rights and eminent domain":
Today in The Boston Globe, Michael Kenney has this review
of Jeff Benedict's new book, "Little Pink House: A True Story of Defiance and Courage
"Texas SC says Astros pitcher can't sue Detroit team over arm injury":
The Southeast Texas Record published this article
"Big money bad in Wisconsin Supreme Court race": This editorial
appears today in The Wisconsin State Journal.
"In defense of Justice Benjamin":
Al Emch had this op-ed
yesterday in The Charleston (W. Va.) Daily Mail.
Chief Justice John G. Roberts, Jr. is heading to Moscow: Moscow, Idaho
, that is.
The Idaho Business Review reports that "Chief Justice Roberts will visit University of Idaho in March."
And The Moscow-Pullman Daily News reports that "Supreme Court justice to speak at the UI."
"Harvard Dean, Chosen as Solicitor General, Goes Before Senators":
Robert Barnes has this article
today in The Washington Post.
At Politico.com, John Bresnahan has an article headlined "Is solicitor hearing a trial balloon?"
And today in The Washington Times, Wendy E. Long has an op-ed entitled "Obama's legal extremists."
"SCOTUSblog" is planning to provide live coverage of today's confirmation hearing beginning at 10 a.m. eastern time. And the Senate Judiciary Committee is planning a live webcast of the hearing (RealPlayer required).