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Wednesday, February 22, 2006 "Parsing pain: As he spoke to the Heritage Foundation, you would never have guessed that mild-mannered John Yoo paved the legal road to torture." Walter Shapiro has this essay online at Salon.com. Posted at 11:22 PM by Howard Bashman "Redistricting question resurrected": The Pueblo (Colo.) Chieftain today contains an article that begins, "News that the U.S. Supreme Court would hear a Republican Party challenge to the state's 2003 redistricting ruling drew a venomous response from state Democrats on Tuesday." Posted at 10:24 PM by Howard Bashman "Justices agree to hear abortion case; Court-watchers eager to see how Alito and Roberts rule": Charlie Savage has this article today in The Boston Globe. Today in The Houston Chronicle, Patty Reinert reports that "High court sets stage for ruling on abortion; Bush appointee Alito could cast deciding vote on partial-birth case." The Lincoln Journal Star reports that "Supreme Court to hear Nebraska abortion case." The Newark (N.J.) Star-Ledger reports that "Top court to consider U.S. curb on abortions; Debate on 'partial-birth' ban is set for fall." The Toronto Globe and Mail reports that "U.S. reopens abortion debate; In move decried as 'dangerous' for women, top court plans to review partial-birth ban." The Australian reports that "US to rule on late-term abortion." The Cincinnati Enquirer contains an article headlined "Chabot: Law should stand; Supreme Court will review ban of late-term abortion procedure." The Cincinnati Post reports that "Abortion foes look to court." And The Bergen (N.J.) Record reports that "Both sides brace for pivotal decision." "It's settled: Measure 37 lives; Oregon justices answer the land-use law's biggest question, but others remain." This article appears today in The Oregonian, along with articles headlined "Some farmers see eased restrictions as a way to sell a few acres and stay in business" and "Governor's race: Challengers fault Kulongoski, but he defends his role." And The Salem Statesman Journal today contains articles headlined "High court upholds Measure 37; State and counties face thousands of land-use claims" and "Mixed opinions greet court's land-use ruling; Residents say that questions remain despite the decision." "Supreme Court says Oregon's top court erred in Guzek case": The Oregonian provides this news update. Posted at 09:55 PM by Howard Bashman "Why Summary Judgment is Unconstitutional": Law Professor Suja Thomas has posted this article (abstract with link to download) online at SSRN. The "Legal Theory Blog" describes it as a "very provocative and remarkably persuasive piece." Posted at 09:50 PM by Howard Bashman "Nation's eyes are on South Dakota as abortion bill passes senate, 23 to 12": The Sioux Falls Argus Leader provides this news update. And The New York Times provides a news update headlined "South Dakota Approves Bill Outlawing Nearly All Abortions." "Appeals Court to Rehear Admissions Policy Challenge; 9th Circuit grants Kamehameha Schools' petition for en banc review": Kamehameha Schools issued this statement today regarding the news I earlier noted here. Posted at 07:35 PM by Howard Bashman Second Circuit holds that United Air Line's $25 million "Property Terrorism & Sabotage" insurance policy does not cover the airline's lost gross earnings attributable to the September 11, 2001 terrorist attacks, other than those that may have resulted from the destruction of its ticket office in the World Trade Center in New York: You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link. Posted at 07:32 PM by Howard Bashman "There is little caselaw addressing the issue whether the RFRA applies to an action by a private party seeking relief under a federal statute against another private party who claims that the federal statute substantially burdens his or her exercise of religion." The majority on a divided three-judge panel of the U.S. Court of Appeals for the Second Circuit today issued an interesting decision. The majority concludes that the Religious Freedom Restoration Act of 1993 may preclude a minister's federal age discrimination claim against his church, thereby eliminating any need for the Second Circuit to consider whether to adopt the controversial "ministerial exception" to the ADEA. But the majority stops short of reaching a definitive holding regarding RFRA's impact on the ADEA, leaving the question to be addressed in the first instance on remand. You can access the majority opinion here and the dissenting opinion here. "South Dakota to Vote on Far-Reaching Abortion Ban": This segment (RealPlayer required) appeared on this evening's broadcast of NPR's "All Things Considered." Posted at 06:58 PM by Howard Bashman The Associated Press is reporting: An article reports that "Federal Appeals Court Rejects N.J. Rig Ban." My earlier coverage is here. And in other news, "S.D. Senate Bill to Ban Most Abortions" and "Judge Adds to Moussaoui Jury Pool." "Circuit Judge Wallace Honored for Service to Courts": The Public Information Office of the U.S. Court of Appeals for the Ninth Circuit issued this news release today. Posted at 06:50 PM by Howard Bashman "Court to rehear Kamehameha admissions case": The Honolulu Advertiser provides a news update that begins, "The U.S. 9th Circuit Court of Appeals will rehear the case involving a non-Hawaiian student seeking to enroll at Kamehameha Schools. The ruling today is a blow to the hopes of the unnamed non-Hawaiian student seeking to gain entrance to the school whose policy is aimed at admitting only students with Hawaiian blood." And The Associated Press reports that "Appeals court agrees to rehear Kamehameha admission case." You can access today's order of the U.S. Court of Appeals for the Ninth Circuit granting rehearing en banc at this link. The now-vacated ruling by a partially-divided three-judge Ninth Circuit panel can be accessed here. I collected press coverage of that ruling at this link, while my coverage of that ruling is here. Programming note: I'll be attending a reception at the federal courthouse in Philadelphia this afternoon commemorating the opening of a new exhibit there called "The Lincolns in Philadelphia." Additional posts will appear here later today. Posted at 02:55 PM by Howard Bashman Federal Circuit affirms dismissal of patent infringement suit against maker of "The Club" vehicle anti-theft device: You can access today's ruling at this link. Posted at 02:54 PM by Howard Bashman "Panel will examine effect of Alito on women's issues": This article appears today in The Penn State Collegian. Posted at 02:48 PM by Howard Bashman The Sacramento Bee is reporting: Today's newspaper contains articles headlined "New justices hear wetlands case; Clean Water Act ruling will offer first look at environmental stances"; "Court upholds church rite; Chief Justice Roberts writes opinion on use of hallucinogen"; and "Court backs state in ad fight; Tobacco firms tried to halt tax funding of don't-smoke pitches." Meanwhile, in death penalty-related news, "Morales' execution postponed; The state decides to wait after a judge sets new limits on lethal injection" and "Doctors found death duty unethical; Now, legislation is proposed to ensure physicians won't be called to participate." "Google infringes on nude photo site: court papers." Reuters provides this report. And The San Jose Mercury News reports today that "Google loses fight over photo links." The recent ruling of the U.S. District Court for the Central District of California can be accessed here. "Supreme Court Puts Sentencing In California on Shaky Ground": Brent Kendall of The Daily Journal of California provides this report. Posted at 02:33 PM by Howard Bashman The Associated Press is reporting: Gina Holland reports that "Justices Say Contractor Can't Sue Domino's." And in other news, "Justices Debate Right to Blame Others." "BlackBerry maker scores patent win; U.S. Patent and Trademark Office issues final rejection on one of the patents at issue in infringement dispute": CNNMoney.com provides this report. Posted at 01:10 PM by Howard Bashman "Top court rejects new alibi evidence at sentencing": James Vicini of Reuters provides this report. Posted at 01:08 PM by Howard Bashman When will this Bad Marriage end? Today a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit has delivered its latest ruling in United States v. Bad Marriage, known colloquially as Bad Marriage II. My earlier coverage of Bad Marriage I can be accessed here. Posted at 01:00 PM by Howard Bashman Hot or not? What do the attorneys involved in the testy Boston-area email tiff look like? Thanks to CNN.com's online video library, you can bring speculation to a close by clicking here. My earlier coverage of the matter can be accessed via this link. Posted at 12:54 PM by Howard Bashman The Associated Press is reporting: Gina Holland reports that "Justices Allow Postal Customers to Sue." And in other news, "Justices Rule Against Alibis at Sentencing." "We have an open government, and secret trials are inimical to the spirit of a republic, especially when a citizen's liberty is at stake." Holding that a federal district court violated the Sixth Amendment rights of a criminal defendant charged with aggravated sexual abuse by closing the courtroom during the testimony of the children whom the defendant allegedly abused, today a unanimous three-judge panel of the U.S. Court of Appeals for the Eighth Circuit reversed the defendant's conviction and ordered a new trial. The opinion can be accessed here. Posted at 11:44 AM by Howard Bashman Jess Bravin is reporting: Today in The Wall Street Journal, he has articles headlined "Justices Agree to Hear Abortion Case; As Alito Takes Up Duties, Court Decides to Review Ban On 'Partial Birth' Procedure" and "High Court Backs Sect's Right To Use Hallucinogen" (pass-through links). Posted at 11:10 AM by Howard Bashman "Supreme Court revives bias case; Could restore verdict in case against Tyson": The Birmingham News today contains an article that begins, "A racial bias case against Tyson Foods by two black men from Gadsden was revived Tuesday by the U.S. Supreme Court, which said the use of the term 'boy' in the workplace could be considered evidence of discrimination." Posted at 11:05 AM by Howard Bashman "Justices May Hear Detainee's Appeal": The Washington Post today contains an article that begins, "The Supreme Court refused yesterday to dismiss a case that challenges the legality of military trials for terrorism suspects, declining to immediately accept the Bush administration's argument that a new law has stripped the court of its ability to consider the matter." Posted at 11:00 AM by Howard Bashman The Toronto Globe and Mail is reporting: Today's newspaper contains articles headlined "Supreme Court short list tests conservative mettle" and "Rivals at the ready if RIM hit; Court to hear final arguments in U.S. patent dispute." Posted at 10:55 AM by Howard Bashman Even more press coverage of that dam case: The Portland (Me.) Press Herald reports today that "Maine dam case argued at high court." Posted at 10:50 AM by Howard Bashman The Associated Press is reporting: Now available online are articles headlined "Ark. Can't Sue Okla. Over Water Pollution"; "Judge to Speed Moussaoui Jury Selection"; and "Justice Dept. Limited in Blackberry Case." Posted at 10:45 AM by Howard Bashman "Sex tape violates privacy, Kid Rock lawsuit argues": The Detroit Free Press today contains an article that begins, "Lawyers for Kid Rock went to federal court Tuesday to block the release of an explicit sex video featuring the rap-rocker, several women and former Creed singer Scott Stapp. The Detroit musician got an initial victory when District Judge John Feikens signed a temporary restraining order that said the company planning to sell the video had to take a preview clip down from its Web sites." Posted at 10:44 AM by Howard Bashman The Detroit News is reporting: Today's newspaper contains an article headlined "Court reviews Mich. wetlands; Case could redefine government's role in protecting remote and threatened ecosystems." And in other news, "It's OK to walk on the beach; U.S. high court lets stand Michigan ruling allowing strolls along Lakes' shorelines." Today's U.S. Supreme Court opinions in argued cases: The Court today issued a total of four opinions in argued cases. Because these four cases were argued before Justice Samuel A. Alito, Jr. joined the Court, he did not participate in any of these rulings. The Court's first opinion issued today comes in the case of Oregon v. Guzek, No. 04-928. The syllabus can be accessed here; Justice Stephen G. Breyer's opinion of the Court here; Justice Antonin Scalia's opinion concurring in the judgment, in which Justice Clarence Thomas joined, here; and the oral argument transcript here. The Court's second opinion issued today comes in the case of Arbaugh v. Y & H Corp., No. 04-944. You can access the syllabus here; Justice Ruth Bader Ginsburg's opinion for a unanimous Court here; and the oral argument transcript here. The Court's third opinion issued today comes in the case of Dolan v. U.S. Postal Service, No. 04-848. You can access the syllabus here; Justice Anthony M. Kenendy's opinion of the Court here; Justice Thomas's dissenting opinion here; and the oral argument transcript here. The Court's fourth and final opinion issued today came in the case of Domino's Pizza, Inc. v. McDonald, No. 04-593. You can access the syllabus here; Justice Scalia's opinion for a unanimous Court here; and the oral argument transcript here. At "SCOTUSblog," Lyle Denniston provides a post titled "No right to claim innocence." "Hearings were harsh, Meese says": The Richmond Times-Dispatch today contains an article that begins, "Former U.S. Attorney General Edwin Meese III last night condemned what he termed the vicious attacks by left-leaning groups and legislators against judicial nominees who favor judicial restraint." Posted at 09:24 AM by Howard Bashman On today's broadcast of NPR's "Morning Edition": This morning's broadcast contained segments entitled "Execution Delayed Indefinitely in California" and "Judge Orders Wiretaps Revealed for Trial" (RealPlayer required). Posted at 09:14 AM by Howard Bashman "Alito Keeps Telling Supreme Court How They Did Things In Circuit Court": The brand new issue of The Onion contains this newsbrief. Posted at 09:08 AM by Howard Bashman "Justice Alito's Welcome": This editorial appears today in The New York Times. Posted at 07:32 AM by Howard Bashman "U.S. justices decline to hear Fumo appeal; Yesterday's action will not affect a federal probe of the state senator and a nonprofit organization": An interview that I participated in yesterday is mentioned in this article published today in The Philadelphia Inquirer. Posted at 07:30 AM by Howard Bashman USA Today is reporting: In today's newspaper, Joan Biskupic has articles headlined "High court to hear case on abortion; Justices to review 'partial birth' ban" and "High court allows hallucinogenic tea; Sect uses drink in communion ritual." And in news from California, "Execution's delay reflects fight over injections." "Ex-executive says Lay lied to analysts, investors": Mary Flood has this article today in The Houston Chronicle, along with an article headlined "Juror may be taking grief from employer." And The New York Times reports today that "Executives Modified Enron Data, Jury Is Told." In today's edition of The Los Angeles Times: David G. Savage has articles headlined "Major Abortion Case Goes to Justices"; "Congregation Is Allowed Its Tea; The Supreme Court rules against the Bush administration and permits a sect to use a hallucinogen ritually"; "Roberts, Scalia See Limits to the Reach of Clean Water Act; Alito could be a swing vote in a case testing the pollution law's role in wetlands and streams"; and "California's Sentencing to Be Reviewed by Court." In other news, "State Halts Execution to Review Procedure; Officials are unable to meet a judge's demand that a lethal injection be overseen by a doctor; Effects on the death penalty are unclear" and "Doctors Wary of Crossing Line; Most physician groups believe participation violates the ethical rule of 'do no harm'; Some experts say their presence is unnecessary." An article reports that "Property Rights Law Is Upheld in Oregon." In other news, "Google's Image Search Set Back; A judge's ruling could require the Web giant to exclude a publisher's copyrighted photos." The ruling can be accessed here. An article reports that "No Charges Against Lawyers Seen; Plaintiffs attorneys William Lerach and Melvyn Weiss won't be indicted in an alleged kickback scheme, a source says." And an editorial is entitled "High court concerns." "School board paying court costs in ID case": The Chicago Tribune today contains an article that begins, "The Dover Area School Board on Tuesday night agreed to pay $1 million in court costs incurred by 11 parents who charged the rural Pennsylvania district with unconstitutionally teaching intelligent design and won their suit in federal district court last December." The York Daily Record today contains an article headlined "Dover ID bill: $1M." And The Philadelphia Inquirer reports that "Dover schools to pay $1 million." "Courting controversy: Chief Justice Cappy is cleared -- sort of." This editorial appeared last Friday in The Pittsburgh Post-Gazette. Posted at 07:10 AM by Howard Bashman The Chicago Tribune is reporting: Today's newspaper reports that "Censorship ruling upheld; High court rejects college paper's case." An article reports that "Fight brews on wine shipping law." And an editorial is entitled "Bloggy, we hardly knew ye." In today's edition of The Washington Post: Dana Milbank's Washington Sketch column is headlined "High Court's Newbie Rounds the Learning Curve." An article reports that "High Court To Hear Case On Royalties For Synagis." In business news, "Canada Lobbies for Maker of BlackBerry; Officials Contacting U.S. on Patent Review." An article headlined "Press Can Be Prosecuted for Having Secret Files, U.S. Says" begins, "The Bush administration said that journalists can be prosecuted under current espionage laws for receiving and publishing classified information but that such a step 'would raise legitimate and serious issues and would not be undertaken lightly,' according to a court filing made public this week." In other news, "California Puts Execution Off After Doctors Refuse to Help." And a front page article is headlined "With a Wink, Alleged Plot To Foil a Trial Set in Motion; Woman on D.C. Jury Knew Defendant, Wife." In today's edition of The New York Times: An article headlined "U.S. Case Against 2 Lawyers Appears to Falter" begins, "For the influential class-action lawyer William S. Lerach, the news that arrived late last Friday was a step closer to vindication. Mr. Lerach and a former partner, Melvyn I. Weiss, were informed by government investigators that no charges would be filed against them for now in a five-year-old inquiry into allegations that the two used illegal tactics in shareholder lawsuits, lawyers involved in the case said yesterday." And in other news, "Court Rejects Abuse Claims Citing Church" and "New York's Top Court Reverses Man's Conviction on Gun Charge." "The Essence of Marriage and Equality: The New Jersey Supreme Court Considers Same-Sex Marriage." Sherry F. Colb has this essay online today at FindLaw. Posted at 06:40 AM by Howard Bashman  
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