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Wednesday, February 28, 2007 "Anti-incest law applies even to adult stepchildren": The Columbus Dispatch provides a news update that begins, "Ohio families suffer when a stepfather has sex with his adult stepdaughter, even if she gives consent, the state Supreme Court ruled today. In a 6-1 decision, justices said the state's anti-incest law applies even when there is no blood relationship and both parties are consenting adults. But the case could be headed to the U.S. Supreme Court based on a ruling four years ago that overturned a Texas ban on gay sex between consenting adults." You can access today's ruling of the Supreme Court of Ohio at this link. And the court issued a related news release headlined "Law Barring Consensual Sex Between Stepfather and Adult Stepdaughter Upheld as Constitutional." "Court Hears Arguments Linking Right to Sue and Spending on Religion": Linda Greenhouse will have this article Thursday in The New York Times. In Thursday's edition of The Washington Post, Robert Barnes will report that "Justices Weigh Right to Sue Over Church-State Separation." In Thursday's edition of USA Today, Joan Biskupic will report that "Court leery of suits by taxpayers." Thursday's edition of The Milwaukee Journal Sentinel will report that "High court takes on faith-based initiatives; Wisconsin woman leads charge against Bush programs." Patti Waldmeir of Financial Times reports that "Supreme court to rule on aid for religious charities." The Chicago Tribune provides a news update headlined "Faith-based plan challenge heard by Supreme Court." And last Sunday, The Wisconsin State Journal previewed the oral argument in an article headlined "Atheists on the case." "Court clears way for Bahama burial for Anna Nicole": The Los Angeles Times provides a news update that begins, "A three-judge Florida court today rejected an appeal from Anna Nicole Smith's mother and cleared the way for the former reality television star to be buried in the Bahamas, perhaps as soon as this week." Posted at 08:50 PM by Howard Bashman "Padilla Ruled Fit for Trial on Terror Charges": The New York Times provides this news update. Posted at 08:45 PM by Howard Bashman "Best Selling Author Speculates on Justice Ginsburg Health, Possible Court Vacancy; Describes her As 'Not a Justice Ginsburg that I have seen before'": The organization Fidelis has today posted online this podcast interview [34MB mp3 file] with ABC News correspondent Jan Crawford Greenburg. Posted at 08:33 PM by Howard Bashman "Bagel Breakfast: The Supreme Court looks at the president's faith-based community programs." Dahlia Lithwick has this Supreme Court dispatch online at Slate. Posted at 08:22 PM by Howard Bashman "Supreme Court Hears Arguments on Special Education, Police Rights": This segment (transcript with links to audio and video) featuring Marcia Coyle of The National Law Journal appeared on yesterday's broadcast of the PBS program "The NewsHour with Jim Lehrer." Posted at 07:15 PM by Howard Bashman "Faith & frailty": Jan Crawford Greenburg has this interesting post today at her "Legalities" blog. Posted at 07:08 PM by Howard Bashman "Supreme Court: 2004 access-to-accuser ruling not applied retroactively; The decision not to apply the watershed ruling to past cases has the potential to shut out thousands": Warren Richey will have this article Thursday in The Christian Science Monitor. Posted at 06:03 PM by Howard Bashman "High Court Questions Challenge to Bush Faith-Based Initiative": Greg Stohr of Bloomberg News provides this report. And at "SCOTUSblog," Lyle Denniston has a post titled "Analysis: 'Flast' lives, but in what form?" "Part II of Confirm Them's three-part Q&A session with Jan Crawford Greenburg": Available online at this link. Posted at 05:52 PM by Howard Bashman "Attorney Says He Was Pressured on Corruption Probe": The Washington Post provides a news update that begins, "The fired U.S. attorney in New Mexico says he was pressured by two members of Congress prior to the November elections about the pace of an ongoing public corruption probe that targets local Democrats." Posted at 05:10 PM by Howard Bashman "Fla. Court Upholds Smith Burial Ruling": The AP provides a report that begins, "A Florida appeals court Wednesday upheld a judge's ruling that allowed Anna Nicole Smith to be buried in the Bahamas, agreeing evidence supports that's what the former Playboy Playmate wanted." Posted at 05:04 PM by Howard Bashman "Judge: Padilla Competent for Trial." The Associated Press provides a report that begins, "A federal judge ruled Wednesday that suspected al-Qaida operative Jose Padilla is competent to stand trial on terrorism support charges, rejecting arguments that he was severely damaged by 3 1/2 years of interrogation and isolation in a military brig." Posted at 05:02 PM by Howard Bashman "High Court Weighs Faith-Based Initiatives": This audio segment (RealPlayer required) featuring Dahlia Lithwick appeared on today's broadcast of NPR's "Day to Day." Posted at 05:00 PM by Howard Bashman "Supreme Court Debates Lawsuit Against White House's Faith-Based Initiative": law.com's Tony Mauro provides this news update. Posted at 04:45 PM by Howard Bashman "Lawsuit Raises Questions About Putdown": The Associated Press provides a report that begins, "When a few classmates razzed Rebeka Rice about her Mormon upbringing with questions such as, 'Do you have 10 moms?' she shot back: 'That's so gay.' Those three words landed the high school freshman in the principal's office and resulted in a lawsuit that raises this question: When do playground insults used every day all over America cross the line into hate speech that must be stamped out?" Posted at 03:35 PM by Howard Bashman "Supreme Court hears defense of faith-based initiative": David G. Savage of The Los Angeles Times provides this news update. Posted at 03:30 PM by Howard Bashman Access online today's U.S. Supreme Court oral argument transcript in Hein v. Freedom From Religion Foundation, Inc., No. 06-157: The transcript is available online at this link. Posted at 02:48 PM by Howard Bashman "Judge Questions Padilla's Cooperation": The Associated Press provides a report that begins, "A federal judge who must decide whether alleged al-Qaida operative Jose Padilla is mentally fit for trial said Wednesday that the former Chicago gang member hasn't behaved strangely but may not be cooperating with his attorneys." Posted at 01:33 PM by Howard Bashman "Political interference alleged in sacking of a U.S. attorney": McClatchy Newspapers provide a report that begins, "The U.S. attorney from New Mexico who was recently fired by the Bush administration said Wednesday that he believes he was forced out because he refused to rush an indictment in an ongoing probe of local Democrats a month before November's Congressional elections." Posted at 01:30 PM by Howard Bashman "Inside Bush's prosecutor purge: Why has the administration fired U.S. attorneys with sterling track records? To make room for its political loyalists, critics say, and exert its last shred of control." Mark Follman has this essay today at Salon.com. Posted at 01:03 PM by Howard Bashman "High Court Mulls Faith-Based Case's Merit": The Associated Press provides this report. Posted at 12:57 PM by Howard Bashman Eighth Circuit's wacky "federal officer" removal holding in earlier case involving the marketing of light cigarettes won't benefit R.J. Reynolds Tobacco Company, which waited too long to assert that ground for removal in a similar case filed in Minnesota state court: You can access today's ruling of the U.S. Court of Appeals for the Eighth Circuit at this link. This basis for removing to federal court cases involving the marketing of light cigarettes may prove to be fleeting, as the U.S. Supreme Court last month granted certiorari to review the correctness of the Eighth Circuit's initial ruling endorsing this basis for removal. "Court Won't Apply Rule to Molester Case": The Associated Press provides a report that begins, "The Supreme Court unanimously reinstated a Nevada child molester's conviction Wednesday in a decision that continued the justices' refusal to apply recent rulings on criminal procedure to older cases." Posted at 11:10 AM by Howard Bashman Access online today's U.S. Supreme Court ruling in Whorton v. Bockting, No. 05-595: The Court has posted at this link a copy of the ruling. Justice Samuel A. Alito, Jr. delivered the opinion on behalf of a unanimous Court, holding that "Crawford announced a 'new rule' of criminal procedure and that this rule does not fall within the Teague exception for watershed rules." "Suit demands details on secret court's wiretap ruling; Group seeks to learn if program requires individual warrants": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "A privacy rights group sued the Justice Department on Tuesday to try to pry loose a ruling by a secret court that the Bush administration says approved its clandestine wiretapping program." Yesterday, the Electronic Frontier Foundation issued a press release entitled "EFF Lawsuit Seeks Release of Secret Court Orders on Electronic Surveillance; Justice Department Withholds Records About Purported Changes to Program." A copy of the complaint initiating suit can be accessed here. "Crawford ruling not retroactive": Lyle Denniston at "SCOTUSblog" has a post that begins, "The Supreme Court ruled unanimously on Wednesday that its major ruling on the Confrontation Clause in Crawford v. Washington is not to be applied retroactively, to cases that were final before that rulinig came down on March 8, 2004." Posted at 10:11 AM by Howard Bashman "She swears the Constitution is on her side; A Riverside woman, cited over foul language at John Wayne Airport, says the law is vague and stifles free speech": This article appears today in The Los Angeles Times. Posted at 08:50 AM by Howard Bashman "Guantanamo court complex rejected; The Defense secretary says the $102-million project proposed by the Pentagon is not needed for detainee trials": The Los Angeles Times contains this article today. Posted at 08:47 AM by Howard Bashman "Aspects of Padilla's treatment confirmed; A brig official confirms that the terrorism suspect had no timepiece or natural light -- and sometimes no light at all": This article appears today in The Los Angeles Times. Posted at 08:45 AM by Howard Bashman "Canadian Parliament Decides to Let 2 Measures Passed After 9/11 Expire": The New York Times contains this article today. The Toronto Globe and Mail today contains an article headlined "Terror vote fails as Dion reins in Liberals; Conservative bid to renew measures voted down 159-124" and a news analysis headlined "What's changed in five years? With the shock of 9/11 faded, anti-terrorism measures stir skepticism." And The Toronto Star reports that "Opposition votes down 2 terror law provisions; In 159-124 vote, police powers expire, despite pleas of families of 9/11 victims." "Nichols used friend to learn layout of jail; In telephone records that prosecutors plan to use at trial, suspect in courthouse slayings asks a female visitor for details of Fulton jail's exterior": This article appears today in The Atlanta Journal-Constitution. Posted at 08:33 AM by Howard Bashman Once "not qualified," now she's "qualified": The Hartford Courant today contains an article headlined "Opinion Reversed: Judge Is Qualified; Bar Association Raises State Nominee's Rating" that begins, "The influential judicial screening committee of the American Bar Association has reversed itself on the nomination of Superior Court Judge Vanessa L. Bryant to the federal bench, concluding that the judge it found not qualified a year ago is now qualified." Posted at 08:10 AM by Howard Bashman "The politics of drug sentencing": Today in The Boston Globe, columnist Derrick Z. Jackson has an op-ed that begins, "There was a curious footnote to last week's Supreme Court oral arguments over criminal sentencing guidelines." Posted at 08:05 AM by Howard Bashman "Church-state question before justices; Issue is when programs can be challenged": Joan Biskupic has this article today in USA Today. And The Associated Press reports that "High Court to Tackle Faith-Based Issue." "New Light Shed on CIA's 'Black Site' Prisons": The Washington Post contains this front page article today. Posted at 07:58 AM by Howard Bashman "Bill targets 'don't ask, don't tell'; Medical personnel among dismissed servicemembers": This article appears today in USA Today. Posted at 07:40 AM by Howard Bashman "New battle over the Great Writ": Lyle Denniston has this post at "SCOTUSblog." Posted at 06:48 AM by Howard Bashman "A Federal Appeals Court Upholds the Jurisdiction-Stripping Provisions of the Military Commissions Act of 2006, But Overlooks the Possibility of an Evolving Conception of Habeas Corpus": Michael C. Dorf has this essay online today at FindLaw. Posted at 06:47 AM by Howard Bashman  
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