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Monday, March 1, 2010 Fifth Circuit grants rehearing en banc of lawsuit alleging that the operation of energy, fossil fuels, and chemical industries caused the emission of greenhouse gasses that contributed to global warming, resulting in the harms caused by Hurricane Katrina: Nine judges participated in last week's order granting rehearing en banc. The order noted that seven judges were recused. My earlier coverage of the original three-judge panel's ruling can be accessed here and here. "Clackamas man exercises free speech rights by giving cops the finger": This article appears today in The Oregonian. Posted at 09:21 PM by Howard Bashman "Mayor Daley 'optimistic' U.S. Supreme Court will uphold city's handgun ban": The Chicago Sun-Times has this news update. Warren Richey of The Christian Science Monitor reports that "Supreme Court to take up landmark gun-control case; The Supreme Court hears arguments Tuesday on a landmark gun-control case, McDonald v. Chicago, on whether cities and states have the right to ban handguns." The publication also has an editorial entitled "In McDonald v. Chicago case, another Supreme Court landmark ruling on guns? The Supreme Court hears arguments Tuesday that could result in striking down a handgun ban in Chicago and other places; But beyond that, the court must clarify how fundamental gun rights are; They shouldn't be viewed as equal to free-speech rights." Bill Mears of CNN.com reports that "Supreme Court to address limits of gun control." The Oklahoman reports that "High court faces guns decision; Justices haven't yet ruled on applying second Amendment to states; arguments start Tuesday." The Associated Press reports that "Chicagoans hope stories will help overturn gun ban." Tuesday's edition of The Wall Street Journal will contain an editorial entitled "Guns and the States: The Supreme Court takes up another Second Amendment case." And Tuesday's edition of The Washington Times will contain an editorial entitled "Learning from the D.C. handgun ban: Getting rid of gun bans leads to less crime." "DC gay marriage opponents appeal to high court": The Associated Press has this report. Posted at 08:23 PM by Howard Bashman Access online the transcript of today's U.S. Supreme Court oral argument in Skilling v. United States, No. 08-1394: The Court has posted the transcript at this link. Posted at 06:00 PM by Howard Bashman U.S. Supreme Court refuses request for same-day audio release in tomorrow's Second Amendment case: Lyle Denniston has this post at "SCOTUSblog." Posted at 05:42 PM by Howard Bashman "Justices worried about fair trial for Skilling": Mary Flood of The Houston Chronicle has this news update. Mark Sherman of The Associated Press reports that "High court hears ex-Enron CEO Skilling's appeal." Greg Stohr of Bloomberg News reports that "Skilling's New Trial Bid May Divide Top U.S. Court." Brent Kendall of Dow Jones Newswires reports that "Enron's Skilling Receives Mixed Reception At US Supreme Court." And at "SCOTUSblog," Lyle Denniston has a post titled "Problems with Enron jury." "Court weighs if silence alone can invoke Miranda": The Associated Press has a report that begins, "The Supreme Court appears ready to tell suspects that if they want the right to remain silent, they have to say so." Posted at 12:17 PM by Howard Bashman "California Attorneys Weigh In on Guns": Today in The Daily Journal of California, Lawrence Hurley has an article that begins, "Reflecting strong California interest in a major gun rights case before the U.S. Supreme Court, lawyers from the state have been heavily involved on both sides as this week's oral argument approaches." Posted at 12:15 PM by Howard Bashman "Supreme Court Won't Hear Case of Uighur Detainees": Adam Liptak of The New York Times has this news update. Robert Barnes of The Washington Post has a news update headlined "Court dismisses appeal of Uighurs detained at Guantanamo Bay." And David G. Savage of The Los Angeles Times reports that "Supreme Court dismisses Uighurs' appeal in Guantanamo detention case." "Five Ways to Write Like John Roberts": Ross Guberman has posted this article online. Posted at 12:03 PM by Howard Bashman Upper Deck memorabilia cards, on appeal in the Federal Circuit: A divided three-judge panel of the U.S. Court of Appeals for the Federal Circuit issued this decision today. Posted at 11:17 AM by Howard Bashman Access today's Order List of the U.S. Supreme Court: The Court has posted today's Order List at this link. The Court today granted review in one case. The Court also issued a per curiam opinion in Kiyemba v. Obama, No. 08-1234. At "SCOTUSblog," Lyle Denniston has a post titled "Kiyemba back to lower court." Four Justices dissented from the Court's decision to issue a GVR in Machado v. Holder, No. 08-7721. The Chief Justice wrote a dissent from that order, and Justices Antonin Scalia, Clarence Thomas, and Samuel A. Alito, Jr. joined in that dissent. And Justice John Paul Stevens wrote a short dissent from the Court's decision to issue a GVR in Florida v. Rigterink, No. 08-1229. In early news coverage, The Associated Press has reports headlined "Court dismisses Uighurs' appeal in detention case"; "Court orders new look at Fla. murder case"; "Supreme Court declines new 10 Commandments fight"; "Court won't hear Hustler's appeal"; "High court turns down Harbison appeal in Tenn."; and "Court turns down energy company over Okla. taxes." "Podcast: Former clerk on Clarence Thomas; David Stras discusses the Justice and his experience clerking for him." This post appears at "SCOTUSblog." Posted at 09:58 AM by Howard Bashman Recently on C-SPAN's "America & the Court" program: This past Saturday's broadcast was titled "Appellate Court Rehears Wardrobe Malfunction Case." The broadcast from two weeks ago was titled "The Supreme Court & Popular Opinion" featuring, among others, Lyle Denniston of "SCOTUSblog." And the broadcast from three weeks ago was titled "Women Lawyers & the Supreme Court" featuring retired Justice Sandra Day O'Connor, Solicitor General Elena Kagan, and attorney Maureen Mahoney. "Historical case has UT in spotlight": The Daily Texan today contains an article that begins, "When 33-year-old Heman Marion Sweatt, a black man, was denied admission to UT's all-white law school by then-UT president T.S. Painter in 1946, Sweatt sued, shaking the University's rigid hold on segregation and shocking a state still desperately clinging to the 'separate but equal' system. Sixty years ago in June, the Sweatt v. Painter case reached the U.S. Supreme Court, where the court ruled unanimously in favor of Sweatt." You can access the U.S. Supreme Court's ruling in the case via this link. "Appeals keep executions a long way off": In today's edition of The Lawrence Journal-World, Scott Rothschild has an article that begins, "Kansas legislators recently completed an exhaustive review of the death penalty that resulted in a 20-20 vote in the Senate that left capital punishment on the books. But an actual execution in Kansas of someone on Death Row won't happen for years, if ever." Posted at 07:50 AM by Howard Bashman "If the Lawyer Fails": This editorial, about a case being argued today in the U.S. Supreme Court, appears today in The New York Times. Posted at 07:48 AM by Howard Bashman "Rulings Restrict Clean Water Act, Foiling E.P.A." Today's edition of The New York Times contains a front page article that begins, "Thousands of the nation's largest water polluters are outside the Clean Water Act's reach because the Supreme Court has left uncertain which waterways are protected by that law, according to interviews with regulators." Posted at 07:44 AM by Howard Bashman "Mack appeal of gulty plea to be heard by high court": Today in The Reno Gazette-Journal, Martha Bellisle has an article that begins, "While former pawnshop owner Darren Mack sits in a cell at the Ely State Prison for killing his estranged wife and shooting their divorce judge in 2006, his lawyers plan to tell the Nevada Supreme Court today that his guilty plea should be thrown out." As I noted in this post from Saturday night, Nevada's highest court last week issued a ruling in a civil case arising from the same killing. "A Bill of Rights battle: A Chicago case is about more than gun control; it's about freedoms that all Americans enjoy." This editorial appears today in The Los Angeles Times. Posted at 07:34 AM by Howard Bashman "Did Skilling get a fair shake here? Ex-Enron CEO's appeal to high court today: wrong charges, in the wrong town." Mary Flood has this article today in The Houston Chronicle. And Ariane de Vogue of ABC News reports that "Former Enron CEO Asks Supreme Court for New Trial; Jeffrey Skilling's Lawyers Call Conviction 'Soaked with Hostility,' Unconstitutional."  
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