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Thursday, March 31, 2005 On this date in "How Appealing" history: March 31, 2003 was not just the eve of April Fool's Day, but it was also the eve of oral arguments in the University of Michigan racial preferences in university admissions cases. I linked to local newspaper coverage previewing the cases in this post published two years ago today. One year ago today, the time difference between Australia and the east coast of the United States allowed me to link to an article published in The Courier-Mail of Brisbane, Queensland on April 1, 2004. As I explained here, that newspaper contained "an article headlined 'A judicial reprimand for himself.' The article begins, 'A judge who demanded to know the name of "the idiot" who granted bail to a serial burglar discovered yesterday he was talking about himself.'" Although the link I provided to the article is no longer functioning, other coverage of the story is available here and here. In Friday's edition of The New York Times: Tomorrow's newspaper will contain articles headlined "Schiavo Dies, Ending Bitter Case Over Feeding Tube" and "A Collision of Disparate Forces May Be Reshaping U.S. Law." Posted at 10:58 PM by Howard Bashman What day is tomorrow? An article headlined "Green Bag Begins GMUSL Bobblehead Line; Parker, Krauss First Professors To Be Immortalized" begins, "George Mason Law School professor Ross Davies, Editor of the Green Bag Law Journal, announced today that, due to his frustration with the lack of humor in recent Supreme Court opinions, he is discontinuing the line of Supreme Court Justice bobblehead dolls, and replacing them with dolls based on the professors of Mason Law." Posted at 10:30 PM by Howard Bashman "Desperate times for Barnes Foundation?" This article, in which I am quoted, appears today in Main Line Life. Posted at 10:28 PM by Howard Bashman "GOP Goes on Judicial Offensive": FOXNews.com provides this report. Voice of America News reports that "Lawmakers Criticize Federal Judges on Schiavo Case." And The St. Petersburg Times offers an editorial entitled "Terri's legacy: Terri Schiavo died Thursday the victim of an ugly family dispute that robbed her of her right to privacy and to die with dignity." "DeLay Targets Legal System in Schiavo Case": The Associated Press reports here that "House Majority Leader Tom DeLay on Thursday blamed Terri Schiavo's death on what he contended was a failed legal system and he raised the possibility of trying to impeach some of the federal judges in the case." You can access today's "DeLay Statement on Terri Schiavo" at this link. Posted at 09:10 PM by Howard Bashman "The Terri Schiavo legacy: Her death Thursday ends a contentious battle, but ripple effects could persist in courts, Congress, and personal lives." Linda Feldmann and Warren Richey will have this article Friday in The Christian Science Monitor. Posted at 05:40 PM by Howard Bashman "Fred Korematsu Dies at Age 86": The Associated Press provides this report. Posted at 05:08 PM by Howard Bashman "Living will is the best revenge": Robert Friedman had this essay last Sunday in The St. Petersburg Times. Posted at 04:25 PM by Howard Bashman In news from Canada: The Toronto Globe and Mail provides a news update headlined "Top court curbs limits on English schooling." The article begins, "The Supreme Court of Canada has found Quebec's minority-language education laws constitutional, but ordered the province to be less stringent in barring access to English-language schools." The Supreme Court of Canada's two relevant rulings issued today can be accessed here and here. In North Carolina, living in sin equates to living in illegality: The News & Observer of Raleigh today contains an article headlined "Unwed partners surprised by law; 1805 statute is rarely enforced." Posted at 03:12 PM by Howard Bashman In news from New York State, "Court refuses to hear gay marriage case": The Associated Press reports here that "The state's highest court Thursday declined to hear two cases contesting the state law that bars same-sex couples from getting married." Posted at 03:08 PM by Howard Bashman Palestine Liberation Organization loses big in the U.S. Court of Appeals for the First Circuit: A unanimous three-judge panel of that court today issued an opinion that begins: This appeal raises exceptionally important questions of justiciability and sovereignty, emblematic of unsettled political conditions that have plagued the Middle East for many years. In it, the Palestinian Authority (PA) and the Palestine Liberation Organization (PLO) ask us to countermand the district court's refusal to dismiss the action against them. They contend that the case hinges on a nonjusticiable political question and that, at any rate, the defendants enjoy sovereign immunity. In the event that these arguments do not carry the day, the defendants seek vacation of two $116,000,000-plus default judgments, one entered against each of them, on the ground that they were entitled to a binding determination of sovereign immunity (including appellate review of any unfavorable decision) before being forced to bear the burdens of litigation.As the obscure words in the quoted passage suggest, the author of the opinion is Circuit Judge Bruce M. Selya. Posted at 02:45 PM by Howard Bashman "Court Expands Age Bias Claims For Work Force": Jess Bravin, who has begun covering the U.S. Supreme Court for The Wall Street Journal, has this article today in that newspaper. Posted at 02:34 PM by Howard Bashman "Fred Korematsu, 1919-2005; Oakland man's stand against camps led to U.S. apology to Japanese-Americans": This obituary appears today in The San Jose Mercury News. Posted at 02:04 PM by Howard Bashman Available online from The Associated Press: An article reports that "Schiavo Attorney Focuses on Right-To-Die." And a news analysis is headlined "GOP Agenda Vs. States' Rights." "Schiavo Case a Precursor to Battles Ahead": The Washington Post has recently posted online this news analysis by Dana Milbank. Milbank writes, "But on one thing, the two sides agree. The Schiavo dispute will have echoes, first in the effort to end Senate Democratic filibusters of Bush's appellate court nominees, and then the likely battle over a successor for ailing Chief Justice William Rehnquist." "It Is Ended: How the justice system failed Terri Schiavo, and us." William Anderson has this essay online today at The Weekly Standard. Posted at 11:34 AM by Howard Bashman "Dead Man, No Talking? Can the Supreme Court still rule on Johnnie Cochran's freedom-of-speech case?" Slate's explainer offers this response. Posted at 11:30 AM by Howard Bashman "Will the GOP need life support?" Glenn Harlan Reynolds has this interesting essay online at Salon.com. Posted at 11:23 AM by Howard Bashman "U.S. courts impact others": Parag Khanna and Fuad Rana have this op-ed today in The Miami Herald. The authors' bio states that Rana is currently clerking for a judge on the U.S. Court of Appeals for the Third Circuit. Posted at 10:38 AM by Howard Bashman "Stay on same-sex ruling to hold a year; Judge's action will prevent marriages during the appeals": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "The judge who declared California's ban on same-sex marriage unconstitutional held his final hearing Wednesday and announced a stay that would prevent gay or lesbian couples from marrying during appeals expected to last at least a year." And in The Oakland Tribune, Josh Richman reports that "Gay-vows ruling approaches higher court; Judge will stay March 14 decision pending appeal." The Associated Press is reporting that Terri Schiavo has died: You can access The AP's report at this link. And CNN.com reports that "Terri Schiavo has died." Posted at 09:58 AM by Howard Bashman "Ads urge Hoosiers to lobby for filibusters": The Journal Gazette of Fort Wayne, Indiana today contains an article that begins, "Commercials on Fort Wayne’s three TV stations began airing Wednesday to urge Hoosiers to lobby Sen. Richard Lugar, R-Ind., to oppose a Republican plan to ban Senate filibusters of judicial nominees." Posted at 08:45 AM by Howard Bashman "Justices expand age-bias rights; Jackson Police officers' suit against city rejected, but requirements for older workers to allege discrimination eased": This article appears today in The Clarion-Ledger. In The New York Times, Linda Greenhouse reports that "Supreme Court Removes Hurdle to Suits Alleging Age Bias." In The Washington Post, Charles Lane reports that "Threshold Eased for Age-Bias Lawsuits; Claims Not Dependent On Employer Intent, Supreme Court Rules." In The Los Angeles Times, David G. Savage reports that "Justices Give Older Workers More Leeway in Alleging Bias." In USA Today, Joan Biskupic reports that "Justices rule for over-40 workers; Deliberate bias not a condition." The Washington Times reports that "High court affirms protections for older workers." And The Chicago Tribune reports that "Age-bias landscape shifts; Illinois among states affected by decision." Also, The Chicago Tribune's Jan Crawford Greenburg had this audio report (RealPlayer required) about the ruling on yesterday evening's broadcast of PBS's "The NewsHour with Jim Lehrer." "Federal Judge Condemns Intervention in Schiavo Case": The New York Times contains this article today. The Washington Post reports that "High Court Rejects Request by Schiavo's Parents; Justices Decline to Hear Case on Reinserting Feeding Tube Hours After Dismissal by Appeals Judge." USA Today reports that "Court rejects parents' potential 'last resort.'" The St. Petersburg Times today contains articles headlined "Schiavo judge, church part ways" and "For Schiavo, 'it's getting real late'; Jesse Jackson counsels the Schindlers to prepare for their daughter's death." The Tampa Tribune reports that "Judge Assails Schiavo Law." The Orlando Sentinel reports that "Schindlers' last appeal fails in U.S. high court; Schiavo's parents are turned down again." The Miami Herald reports that "Judge rebukes federal Schiavo efforts; A judge scolded President Bush and Congress as an appeals court and the U.S. Supreme Court rejected pleas from the parents of a weakening Terri Schiavo." The Los Angeles Times today contains an editorial entitled "Et Tu, Florida?" CBS News legal analyst Andrew Cohen has an essay entitled "Terri Schiavo & The Constitution." And FindLaw columnist Edward Lazarus has an essay entitled "Why Congress's Intervention Predictably Didn't Help the Schindlers: Putting Federal Judges In an Unfair Pressure Cooker In the Terri Schiavo Case." "Captives tell their side; From a Saudi with 24 siblings to a Libyan who admires Gandhi, the stories of once nameless Guantanamo detainees come alive in lawsuits in U.S. District Court": This article appears today in The Miami Herald. Posted at 06:58 AM by Howard Bashman "Inmate-transfer rules defended": Michael McGough of The Pittsburgh Post-Gazette today has an article that begins, "Ohio's Attorney General Jim Petro yesterday asked the U.S. Supreme Court to reverse two lower federal courts and uphold his state's procedures for transferring prisoners to a 'super-maximum-security' prison, where they endure long periods of solitary confinement and little opportunity for exercise." Posted at 06:40 AM by Howard Bashman Wednesday, March 30, 2005 "High Court Reviews 'Supermax' Prison Terms": The AP has this report on a case argued today at the U.S. Supreme Court. Posted at 11:32 PM by Howard Bashman BREAKING NEWS -- "High Court Rejects New Schiavo Request": Hope Yen of The Associated Press provides this report. Update: The Court's order can be viewed at this link. Posted at 11:24 PM by Howard Bashman "Divisive File-Sharing Issue Tackled by Supreme Court": David G. Savage has this article today in The Los Angeles Times. The Washington Post reports today that "Court Weighs File Sharing; Technology Advances vs. Copyrights in Grokster Case." In USA Today, Joan Biskupic reports that "File sharing goes to high court; No consensus apparent among justices." Jan Crawford Greenburg of The Chicago Tribune reports that "Court mulls downloading liability; Movie, music firms vs. software companies." She also discussed the case on yesterday evening's broadcast of the PBS program "The NewsHour with Jim Lehrer." Michael McGough of The Pittsburgh Post-Gazette reports that "Supreme Court hears high-tech disputes; Justices reluctant to limit communication services." Luiza Ch. Savage of The New York Sun reports that "Justices Appear Wary of File-sharing Copyright Lawsuit." The Boston Globe reports that "Justices wrestle with file-swap issues; Court also considers whether cable firms must share Net access." The Washington Times reports that "Justices weigh innovation vs. copyright." The Houston Chronicle reports that "Justices ask about innovation; Court reviews peer-to-peer file-sharing case." And Wired News offers articles headlined "File Sharing Has Supreme Moment" and "Camping Out for the Grokster Case." On this date in "How Appealing" history: On March 30, 2003, a reader had the temerity to disagree with my assessment two days earlier that the amendments to the Federal Rules of Appellate Procedure scheduled to take effect December 1, 2003 appeared negligible. A quite funny reader, I might add. Posted at 11:10 PM by Howard Bashman "Hale puts faith in being own lawyer": Yesterday's issue of The Chicago Tribune contained an article that begins, "Jailed white supremacist Matthew Hale, scheduled to be sentenced next week for plotting to murder U.S. District Judge Joan Lefkow, said he was traumatized by his conviction 'to the point of self-destructive behavior.'" Posted at 10:55 PM by Howard Bashman Access online the stay request that Terri Schiavo's parents have filed this evening in the U.S. Supreme Court: It is available here, via "SCOTUSblog." Posted at 10:40 PM by Howard Bashman "FCC Ruling Limits Competition, ISP Tells Justices; Rival Companies' Access To Cable Lines Is at Issue": Charles Lane has this article today in The Washington Post. USA Today reports that "ISPs gain ground vs. cable Net providers." And Wired News has an article headlined "Will Cable Quell the Competition?" Available online from law.com: An article reports that "Bush's Nominees Likely to Put Stamp on Circuits; GOP judges may go from 60 percent to 85 percent." Tony Mauro has articles headlined "Supreme Court Widens Age Discrimination Protections" and "Cochran's Death Raises Questions for High Court Case." An article reports that "2nd Circuit Finds IDEA Allows Recovery of Expert Fees; Such expenses seen as 'reasonable costs.'" And in other news, "Court Powerless to Annul Same-Sex Marriage; Connecticut couple wed in Massachusetts never legally bound together." "Schindlers appeal to U.S. Supreme Court; Parents seek injunction to reinsert daughter's feeding tube": CNN.com provides this report. And The Atlanta Journal-Constitution reports that "Atlanta court rejects Schiavo parents' appeal." In news from Mississippi: The Clarion-Ledger provides a news update headlined "JPD officers' suit dismissed, but will make it easier for older workers to allege age discrimination." Today's edition of The Clarion-Ledger reports that "Ten Commandments display receives OK from senators." And The Associated Press reports that "Ten Commandments bill approved by House, sent to Barbour." "'Mr. Smith' joins filibuster fray; People for the American Way ad campaign targets uncommitted GOP senators in battle over Bush judicial nominees": Tom Curry, national affairs writer for MSNBC, has this report today, along with an article headlined "A Democratic dark horse poised to emerge; Feingold's Judiciary spot provides an '08 advantage." CBS News provides a report that asks "Is GOP Prepared To Go Nuclear?" The ad campaign that People For the American Way launched today can be viewed online in Windows Media format here (60-second spot) and here (30-second spot). The ads direct viewers to visit the web site savethefilibuster.org. In response to the ad campaign, Committee for Justice issued a press release entitled "PFAW's Phony Filibuster Ad." In related news, The Washington Post reports here today (second item) that CFJ's chairman, C. Boyden Gray, "is said to be in line to be named ambassador to the European Union," a job that's based in Brussels. And in commentary, The Bangor Daily News today contains an editorial entitled "Nukes in the Senate." The Knight Ridder Newspapers are reporting: Stephen Henderson reports that "Conservative judge blasts Bush, Congress for role in Schiavo case." And Frank Davies reports that "Finger-pointing begins over failure to prolong Schiavo's life." Posted at 08:14 PM by Howard Bashman "High Court: Age-Discrimination Suits Need Not Prove Intent." This evening's broadcast of NPR's "All Things Considered" included this segment featuring Nina Totenberg (RealPlayer required). Posted at 08:10 PM by Howard Bashman Plaintiffs whose lawsuit caused the U.S. Court of Appeals for the Third Circuit to conclude that the Solomon Amendment is unconstitutional have filed their brief in opposition to the federal government's petition for writ of certiorari: You can view the brief in opposition at this link. Also available online are the federal government's cert. petition and the Third Circuit's ruling. Posted at 06:15 PM by Howard Bashman "11th Circuit Denies Latest Schiavo Appeal; Judge Calls Congressional, Executive Intervention Unconstitutional": The Washington Post provides this news update. The New York Times offers a news update headlined "U.S. Appeals Court Refuses to Review Schiavo Case." The Miami Herald offers a news update headlined "Appeals court rebukes Congress, denies request by Schiavo's parents." And Reuters reports that "Court Rejects Schiavo Parents' Last-Ditch Appeal." Those looking for my "20 questions for the appellate judge" interview with Eleventh Circuit Judge Stanley F. Birch, Jr. -- the author of today's noteworthy opinion concurring in the denial of rehearing en banc -- will find the interview at this link. "Older workers get a new tool to fight age discrimination; A Supreme Court ruling Wednesday opens the door to lawsuits regarding age bias that may be unintentional": Warren Richey will have this article in Thursday's edition of The Christian Science Monitor. Posted at 05:55 PM by Howard Bashman "Age Discrimination Suits Broadened": Tony Mauro of law.com provides this news update. Posted at 05:50 PM by Howard Bashman "Federal Court Again Rejects Schiavo Appeal": The Associated Press provides this report. Posted at 03:40 PM by Howard Bashman BREAKING NEWS -- U.S. Court of Appeals for the Eleventh Circuit again denies rehearing in Terri Schiavo case: The order denying panel rehearing is here and the order denying rehearing en banc is here. The order denying rehearing en banc appears to contain several very interesting opinions concurring in and dissenting from the denial of en banc rehearing. In particular, Circuit Judge Stanley F. Birch, Jr. argues in an opinion concurring in the denial of rehearing en banc that the legislation Congress passed and President Bush signed into law applicable to Terri Schiavo's situation is unconstitutional. Again, however, only two judges note any dissent from the order denying rehearing en banc. Earlier, I linked here to the rehearing petition Ms. Schiavo's parents filed last night. The order denying rehearing en banc also notes that "Judge William H. Pryor Jr. did not participate in the consideration of the Petition because he is recovering from surgery performed on Monday, 28 March 2005." Best wishes to Judge Pryor for a prompt and complete recovery. Available online from National Public Radio: Today's broadcast of "Morning Edition" included a segment entitled "High Court: Title IX Law Protects Against Retaliation" featuring Nina Totenberg. And today's broadcast of "Day to Day" included a segment entitled "Slate's Dispatches: Age Discrimination" featuring Emily Bazelon. RealPlayer is required to launch these audio segments. "Supreme Court Upholds Reach of Age Bias Law": James Vicini of Reuters provides this report. Posted at 03:02 PM by Howard Bashman Perhaps the answer to "what they are like" is "nasty, brutish, and short": On Monday, Will Baude had a post at "Crescat Sententia" titled "The Axis of..." Will writes: In the course of procrastinating around on LEXIS I came across a D.C. Circuit opinion decided by the panel of Judge Robert Bork, Judge Ken Starr, and Judge Antonin Scalia. Now that I think about it, I had been dimly aware that all three were D.C. Circuit judges at about the same time, but I had never realized that they must have decided cases together. I now wonder how many there are, and what they are like.If Will needs help replacing the ellipsis in his blog post's title, Eugene Volokh provides some suggestions here. Posted at 02:55 PM by Howard Bashman "Path Eased for Age Discrimination Lawsuits; Justices say employers can be held liable even if they intended no harm": David G. Savage of The Los Angeles Times provides this news update. Posted at 02:40 PM by Howard Bashman U.S. Court of Appeals for the Seventh Circuit holds that University of Wisconsin Hospital does not possess sovereign immunity under the Eleventh Amendment: Circuit Judge Richard A. Posner wrote today's ruling, on behalf of a unanimous three-judge panel. Posted at 01:44 PM by Howard Bashman Looking on the bright side, at least he gets to keep the nickname: The Associated Press reports that "C-Murder Loses Murder Conviction Appeal." In other coverage, The Times-Picayune reports today that "C-Murder going to state's top court; Appeals court refuses to reconsider retrial." Posted at 01:40 PM by Howard Bashman I have just posted online the latest Eleventh Circuit filings made by Terri Schiavo's parents: With much thanks to a reader who forwarded these along, you can now access online both the motion for leave to file out-of-time a petition for rehearing en banc and the petition for rehearing en banc itself that Terri Schiavo's parents filed late yesterday in the U.S. Court of Appeals for the Eleventh Circuit. According to The Associated Press, the Eleventh Circuit has granted the motion for leave to file out-of-time, and thus the rehearing petition is now pending for a decision. Posted at 11:30 AM by Howard Bashman "When Ibid. Meets iPod": The Los Angeles Times today contains an editorial that begins: Even on a day when justices heard historic arguments on global online sharing of music files, let's agree it's hard to picture a U.S. Supreme Court member bouncing along to Gwen Stefani or Kanye West on an iPod. Lawrence Welk maybe, on an eight-track in a blimp-sized Buick. But to them, Ludacris is an obvious misspelling.You can access the complete editorial at this link. Posted at 10:52 AM by Howard Bashman Just in time for baseball season, suburban Philadelphia dentist's foul ball injury suit strikes out in Pennsylvania appellate court: The Commonwealth Court of Pennsylvania issued this opinion yesterday. Posted at 10:50 AM by Howard Bashman "U.S. court agrees to consider review of Schiavo case": Reuters provides this report on recent developments, which I have earlier mentioned here and here. Posted at 10:35 AM by Howard Bashman Today's U.S. Supreme Court opinions in argued cases: Justice Ruth Bader Ginsburg delivered the opinion for a unanimous Court in Exxon Mobil Corp. v. Saudi Basic Industries Corp., No. 03-1696. You can access the syllabus here, Justice Ginsburg's opinion here; and the oral argument transcript here. Justice Sandra Day O'Connor delivered the opinion of hte Court in Rhines v. Weber, No. 03-9046. You can access the syllabus here; Justice O'Connor's majority opinion here; Justice John Paul Stevens' concurring opinion here; Justice David H. Souter's opinion concurring in part and concurring in the judgment here; and the oral argument transcript here. Finally, Justice Stevens announced the judgment of the Court and delivered the opinion of the Court in part in Smith v. City of Jackson, No. 03-1160. You can access the syllabus here; Justice Stevens' opinion here; Justice Antonin Scalia's opinion concurring in part and concurring in the judgment here; Justice O'Connor's opinion concurring in the judgment here; and the oral argument transcript here. Chief Justice William H. Rehnquist did not take participate in the decision of this case. In early coverage, Hope Yen of The Associated Press reports that "Court Issues Age Discrimination Ruling." And Lyle Denniston of "SCOTUSblog" reports that "Older workers need not prove intentional bias." "Supreme Court to review procedures for 'supermax' prison assignments": The Associated Press provides this report on the lone case being argued today at the U.S. Supreme Court. In related supermax news, last week The AP reported that "Ohio will move death row; Shift to Youngstown meant to save money." And confinement in the federal government's most notorious supermax may have once been unexpectedly harmful to one's health -- due to second-hand cigarette smoke. The Rocky Mountain News reported on Saturday that "One inmate remains in SuperMax smoking suit." And The Denver Post reported last Friday that "Inmate litigation burns feds." The Terri Schiavo case and the perils of raising new arguments on rehearing in a U.S. Court of Appeals: Earlier this morning, I collected at this link news reports on a new development in Terri Schiavo's parents' appeal to the U.S. Court of Appeals for the Eleventh Circuit. As best I can glean from those news reports, the Eleventh Circuit has granted the request of Ms. Schiavo's parents to file a petition for rehearing after the deadline that had been established in the Eleventh Circuit's decision on the merits of the parents' second appeal. That deadline was "8:00 a.m. ET, March 26, 2005," as noted in footnote 4 on page 14 of that opinion. The Associated Press is reporting this morning that "In requesting a new hearing, the Schindlers argued that a federal judge in Tampa should have considered the entire state court record and not whether previous Florida court rulings met legal standards under state law." If that is in fact a "new argument," as the press reports to which I linked earlier this morning are suggesting, the parents' request for rehearing may face an insurmountable procedural obstacle -- that new arguments cannot be raised on rehearing except in the rare event that they were unavailable before the ruling as to which rehearing is sought. Some may justifiably retort that surely a federal court would not strictly apply doctrines of waiver in a case of life and death. All that I can observe in response is that in the area of life and death that federal courts grapple with most commonly -- death penalty jurisprudence -- the waiver doctrine and other related procedural niceties are regularly applied to deny relief even on the eve of an inmate's execution. "Politician on court isn't a bad thing: When the Supreme Court has a vacancy, President Bush should appoint a justice with a political pedigree; Though the thought sounds heretical today, it makes more sense than ever." Paul A. Sracic has this op-ed today in USA Today. Posted at 07:32 AM by Howard Bashman "U.S. court seeks state tobacco law clarification; Result could affect verdicts in lawsuits by addicted smokers": Bob Egelko has this article today in The San Francisco Chronicle. Posted at 07:30 AM by Howard Bashman "In Vermont, a Bid to Legalize Physician-Assisted Suicide": This article appears today in The New York Times. Posted at 07:28 AM by Howard Bashman "Gay marriage foes eye new petition; Push for total ban may aim for 2008": The Boston Globe contains this article today. Posted at 07:25 AM by Howard Bashman "2 Women Steal Fetus From Exhibit; The item was part of a display of preserved body parts at the California Science Center": This article appears today in The Los Angeles Times. Posted at 07:22 AM by Howard Bashman "High Court Supports Title IX Protection; Law Now Covers Whistle-Blowers": Charles Lane has this front page article today in The Washington Post. In The Los Angeles Times, David G. Savage reports that "High Court Expands Title IX Protections; In a 5-4 decision, justices rule the gender equity law should guard those seeking to enforce it." In USA Today, Joan Biskupic reports that "Supreme Court says Title IX protects whistleblowers; Ala. girls' coach lost job after complaining." In The Chicago Tribune, Jan Crawford Greenburg reports that "Supreme Court expands Title IX; Justices say the law shields whistle-blower." Jan also spoke about the case (RealPlayer required) on yesterday evening's PBS broadcast of "The NewsHour with Jim Lehrer." The Birmingham News today contains articles headlined "Court backs Ensley coach" and "Ruling for Ensley coach praised." In The Pittsburgh Post-Gazette, Michael McGough reports that "Supreme Court allows fired coach to sue under sex bias law." The Baltimore Sun reports that "Justices widen right to sue under Title IX; Court extends protections under gender equity law to those who blow whistle; A victory for women's advocates; Ala. coach complained of unequal girls facilities." The Salt Lake Tribune reports that "Court sides with Title IX watchdogs; Utah coaches, government at odds: The state opposes the ruling, which backs a whistle-blower." And today in The New York Times, George Vecsey has a "Sports of the Times" essay entitled "A High School Coach Blows the Whistle When Good Just Isn't Good Enough." "Unmarried woman challenges law; Fired because she lived with her boyfriend, she files suit to overturn state cohabitation ban": The News & Observer of Raleigh, North Carolina today contains an article that begins, "A Pender County dispatcher forced to quit her job last year after the sheriff discovered she had a live-in boyfriend is suing to overturn a N.C. law that makes living together a crime." Posted at 07:00 AM by Howard Bashman "Appeals Court to Consider Schiavo Request": The Associated Press reports here that "In a rare legal victory for Terri Schiavo's parents, a federal appeals court agreed to consider their request for a new hearing on whether to reconnect their severely brain-damaged daughter's feeding tube." CNN.com reports that "Schiavo parents file new court appeal; Lawyer asks federal court to examine evidence, not procedure." The Orlando Sentinel reports that "Schiavo's parents win ray of hope; Early today, a U.S. appeals court agreed to consider a petition for a new hearing." The Washington Post reports that "Schiavo's Parents File Late Appeal; Federal Court Is Asked to Rehear Petition to Reinsert Tube." USA Today reports that "Court to consider new Schiavo petition; Jesse Jackson speaks out against removal of tube." And The Washington Times reports that "Judge in Schiavo case faces death threats." Tuesday, March 29, 2005 On this date in "How Appealing" history: One year ago today, legal challenges to the federal partial birth abortion ban went to trial in three separate federal district courts across the country. My summaries of relevant news reports published that day can be viewed here and here. Also one year ago today, as I noted here, we learned that Madison County, Illinois resents its "judicial hellhole" label. And exactly two years ago today, National Public Radio's "All Things Considered" program aired a segment featuring Nina Totenberg entitled "McCain-Feingold Bill Languishes" (RealPlayer required). Somehow, this segment managed to elude my attention for a couple of days, but when I finally heard it I described it as "An astonishing breach of courthouse confidentiality." A transcript of the segment can be viewed here. "Ruling Could Halt Sony's PlayStation; A judge's order to stop selling the units is on hold while the company appeals a patent verdict": This article appears today in The Los Angeles Times. And The Washington Post today contains an article headlined "Pay Judgment Or Game Over, Sony Warned." Available online from law.com: An article is headlined "N.Y. Appeals Court: Telecommuter Must Pay Empire State Tax; Challenge to 'convenience of the employer' test fails." And in other news, "Calif. Court Balks at 25 Years for Sex Registration Failure." Last Friday's ruling of the California Court of Appeal for the Third Appellate District begins, "This case raises the question whether there is an offense so minor that it cannot trigger the imposition of a recidivist penalty without violating the cruel and/or unusual punishment prohibitions of the United States and California Constitutions." "Senators feeling pressure over judicial nominees": This article will appear Wednesday in The Minneapolis Star Tribune. Posted at 10:10 PM by Howard Bashman In Wednesday's edition of The New York Times: Linda Greenhouse will have articles headlined "Lively Debate as Justices Address File Sharing" and "Justices Say Gender Bias Law Guards Against Retaliation Too." The newspaper will contain an obituary headlined "Johnnie L. Cochran Jr., Trial Lawyer Defined by O.J. Simpson Case, Is Dead at 67" written by Adam Liptak. An obituary will bear the headline "Howell Heflin, Former Alabama Senator, Dies at 83." And in news pertaining to the war on terror, "Judge Limits the Transfer of 13 From Guantanamo"; "Yemeni Held in Guantanamo Was Seized in Cairo, Group Says"; and "Detainee's Suit Gains Support From Jet's Log." "Grok Around the Clock: Share those MP3s now—the Supreme Court may try to stop you soon." Emily Bazelon has this Supreme Court dispatch online at Slate. Posted at 09:14 PM by Howard Bashman The Knight Ridder Newspapers are reporting: Stephen Henderson has an article headlined "Title IX protects whistleblowers who report inequities, court rules." And The San Jose Mercury News provides a news update headlined "Court expresses concerns over stifling innovation in file-sharing case." "Judge Dread: The judiciary may end up the big losers in the Schiavo mess." Bert Brandenburg has this jurisprudence essay online at Slate. Posted at 07:25 PM by Howard Bashman "Whistleblowers Protected Under Title IX": Charles Lane of The Washington Post offers this news update. Posted at 07:24 PM by Howard Bashman "Justices Seem Responsive to Arguments on File Sharing": Linda Greenhouse of The New York Times provides this news update. Posted at 07:22 PM by Howard Bashman "Famed Attorney Johnnie L. Cochran Jr. Dies at 67": The Los Angeles Times provides this news update. And CNN.com reports that "Famed attorney Johnnie Cochran is dead at 67." Presumably this development will moot the free speech injunction case involving Cochran that was argued recently at the U.S. Supreme Court. More details about that case can be accessed via earlier posts here and here. law.com's Tony Mauro is reporting: He has news updates headlined "Supreme Court Pulled Both Ways in Grokster Case"; "Justices Bothered by FCC's Separation of Cable, Telecom"; and "High Court: Title IX Protects Whistleblowers." Posted at 06:08 PM by Howard Bashman "US Judge Bars Transfer of 13 Guantanamo Detainees": Reuters provides this report. Posted at 06:05 PM by Howard Bashman "High Court Weighs Online File-Sharing Case": Nina Totenberg had this report (RealPlayer required) on this evening's broadcast of NPR's "All Things Considered." Posted at 06:00 PM by Howard Bashman In Wednesday's edition of The Christian Science Monitor: Warren Richey will have an article headlined "In case of a male coach, court adds teeth to gender-bias law; High court rules that Title IX, which shields girls' teams from discrimination, also protects whistleblowers from retaliation." And in other news, "Why Oregon is at the forefront of change on end-of-life care." Available online from c|net News.Com: John Borland reports that "Supreme Court takes hard look at P2P" and "Top court examines broadband competition." Posted at 05:15 PM by Howard Bashman The wire services are reporting: The Associated Press reports that "Justices Question Control of Cable Firms" and "Writers Settle With Databases for $18M." Reuters, meanwhile, reports that "Cable Spars Over Fast Internet Before Top Court" and "Freelance writers say $18 mln settlement reached." "Justices skeptical in song-swapping case; Justices ask if restricting file sharing could stifle innovation, yet question online downloading": CNN.com provides this report. Posted at 05:02 PM by Howard Bashman "Justices Hear Arguments in File Sharing Case": David G. Savage of The Los Angeles Times provides this news update. Posted at 04:20 PM by Howard Bashman U.S. District Court for the District of Columbia issues preliminary injunction blocking the transfer of thirteen detainees from Guantanamo: You can access today's opinion here and order here. I noted the temporary restraining order that had previously granted this same relief in posts that can be accessed here and here. Posted at 03:40 PM by Howard Bashman "Court conflicted over file-swapping": Lyle Denniston provides this report online at "SCOTUSblog." Posted at 03:37 PM by Howard Bashman On today's broadcast of NPR's "Day to Day": The broadcast contained segments entitled "Slate's Jurisprudence: File-Sharing" (featuring Emily Bazelon) and "Slate's Jurisprudence: Gender Equity in School Sports" (featuring Dahlia Lithwick). RealPlayer is required to launch these audio segments. Posted at 03:32 PM by Howard Bashman "Top U.S. Court Weighs Internet File-Sharing Case": Reuters reports here that "Supreme Court justices questioned on Tuesday whether the recording industry's attempts to shut down online file-sharing networks would deter inventors from developing new products like Apple's iPod music player." Posted at 02:35 PM by Howard Bashman "Models Who Posed as Wife Beaters Sue NY Over Ads": Reuters provides this report. The New York Daily News reports today that "'Wife-beater' poster boys want ads pulled." And The New York Post reports that "Poster boys suing." Today's rulings of note from the U.S. Court of Appeals for the Ninth Circuit: Today's most newsworthy ruling may be an order certifying to the Supreme Court of California two important questions in a tobacco product liability lawsuit. The questions are: (1) Under California law, can a plaintiff overcome the presumed awareness that he or she knows that smoking causes addiction and other health problems, and so show justifiable reliance? (2) Under California law, if a plaintiff seeks damages resulting from an addiction to tobacco, does an action for personal injury accrue when the plaintiff recognizes that he or she is addicted to tobacco, if the plaintiff has not yet been diagnosed with an injury stemming from tobacco use?Whether today's order turns out to be good news for injured smokers or the tobacco companies will depend on whether and how California's highest court answers these questions. For now, it is worth noting that the federal trial court whose decision is before the Ninth Circuit for review dismissed as untimely the claims of the injured smokers-plaintiffs. A second decision issued today also involves California, and the Ninth Circuit's opinion begins, "Persons whose stock was escheated to the state sued to get it back. The district court held that the Eleventh Amendment barred their claims. We disagree." At what point do nominal damages cease to be nominal? That question may be relevant in light of a third decision, in which the Ninth Circuit holds that "when nominal damages are awarded in a civil rights class action, every member of the class whose constitutional rights were violated is entitled to nominal damages." Finally, today's fourth noteworthy case begins with a tale of liver in the kitchen. The author of today's majority opinion in this habeas case, on remand from the U.S. Supreme Court, shouldn't be too hard to guess based on the following excerpt: "There may not be an intellectual or logical disconnect in that form of reasoning, but the Supreme Court has told us that, while the legal mind might be that daedalian (or would it say 'banausic'), no jury would be." If the past is any guide, the likelihood that the U.S. Supreme Court would use either of those terms is quite remote. A Westlaw search indicates that "banausic" has appeared once in a majority opinion, while "Daedalian" spelled with a capital D has appeared once in a dissent. "Schiavo Case Unexpectedly Unites Americans": Reuters reports here that "The Terri Schiavo case has had the unexpected effect of uniting most Americans, whether Republicans or Democrats, around a consensus that the government should stay out of families' life and death decisions." Posted at 12:50 PM by Howard Bashman The Associated Press is reporting: In news from the U.S. Supreme Court, "Supreme Court Weighs in on File-Sharing" and "Court: Tribes Can't Expand Holdings." And in news from New York State, "Court Rules Telecommuter Must Pay Taxes." Today's 4-3 ruling of the New York Court of Appeals -- that State's highest court -- can be accessed here. "Gov. Rendell Makes Good on Super Bowl Bet With a Song": This report wouldn't appear at first glance to qualify as appellate-related news, except that a judge serving on the U.S. Court of Appeals for the Third Circuit will accompany Pennsylvania Governor Edward G. Rendell in singing the national anthem at this Sunday's Sixers-Celtics game in Boston. Posted at 12:10 PM by Howard Bashman "Tribe vs. Ponnuru": National Review Online has today posted here an exchange of letters being published in that magazine's April 11, 2005 issue. Posted at 12:00 PM by Howard Bashman "Gender Equity Law Covers Retaliation-Supreme Court": James Vicini of Reuters provides this report. Posted at 11:32 AM by Howard Bashman The Los Angeles Angels of Anaheim, a city that is quite near Los Angeles in case you haven't noticed: The battle over the the new, quite odd name of the team formerly known as the Anaheim Angels was the subject of an oral argument in a state appellate court in California yesterday. The Orange County Register reports today that "Anaheim, Angels might try for settlement again; Judge urges a compromise on dispute over team name before ruling on appeal." And The Los Angeles Times reports that "Court Urges Anaheim, Angels to Negotiate; Hearing refers to a previous, off-the-record meeting between Moreno and the city's mayor that got nowhere." "'Non-Traditional' Parent Earns Visitation Victory; Lesbian Status Doesn't Alter Result": Today in The Legal Intelligencer, Melissa Nann Burke has an article (subscription required) that begins, "A lesbian cannot be denied the legal right to visit the daughter she helped raise with her former partner on the basis of speculation that ongoing animosity between the separated women would 'damage' the 11-year-old, a state appeals court ruled yesterday." You can access yesterday's ruling of the Superior Court of Pennsylvania at this link. Posted at 10:50 AM by Howard Bashman The Associated Press is reporting: An article headlined "Lawmakers Urged to Rename BWI Airport" begins, "The widow of Thurgood Marshall joined those urging lawmakers to rename Baltimore-Washington Airport in honor of her husband, the nation's first black Supreme Court justice." And in other news, "Calif. Corrections Spend $1.27M on Comatose Imates." "High court may duck hot issue; Bush's actions could push the Mexican nationals' case back to state judges": Michael Doyle has this article today in The Sacramento Bee. Posted at 10:35 AM by Howard Bashman Today's U.S. Supreme Court opinions in argued cases: Justice Sandra Day O'Connor delivered the Court's opinion in Jackson v. Birmingham Bd. of Ed., No. 02-1672, which the Court decided by a 5-4 margin. You can access the syllabus here; Justice O'Connor's majority opinion here; Justice Clarence Thomas's dissenting opinion here; and the oral argument transcript here. Justice Ruth Bader Ginsburg delivered the Court's opinion in City of Sherrill v. Oneida Indian Nation of N.Y., No. 03-855. You can access the syllabus here; Justice Ginsburg's majority opinion here; Justice David H. Souter's concurring opinion here; Justice John Paul Stevens' dissenting opinion here; and the oral argument transcript here. In early press coverage, Hope Yen of The Associated Press has a report headlined "Court: Title IX Protects Whistleblowers." On today's broadcast of NPR's "Morning Edition": The broadcast contained segments entitled "Supreme Court Hears Copyright, File-Sharing Case" (featuring Nina Totenberg) and "High Court Case May Provide More ISP Options." Posted at 09:25 AM by Howard Bashman In news from Colorado: The Rocky Mountain News today contains articles headlined "State justices overturn killer's death sentence; Robert Harlan faces life in prison because jurors consulted Bible" and "Juror quoted 'an eye for an eye.'" The Denver Post, meanwhile, reports that "Jury's use of Bible voids death sentence." In other news, The Denver Post today contains articles headlined "Lisl Auman wins new trial"; "Emotions run: joy and hope for some, pain for others"; and "Ruling positive, Denver DA says; Felony-murder law retained." And columnist Diane Carman has an essay entitled "Auman ruling won't change absurd law." The Rocky Mountain News, meanwhile, contains articles headlined "High court: New trial for Auman; Justices keep statute, toss conviction over instructions to jury"; "After ruling, mom sheds long-awaited tears of joy; Elated family already making plans for once-hopeless future"; and "Plea deal would avoid new trial; Discussing possibility would be premature, district attorney says." "Judges Say Overhaul Would Weaken Bankruptcy System": The Los Angeles Times contains this article today. The article includes a quote from Fifth Circuit Judge Edith H. Jones, whom the article describes as "widely believed to be seen as on President Bush's short list for a position on the Supreme Court." Posted at 08:14 AM by Howard Bashman "Walking in the Opposition's Shoes": The lead editorial in The New York Times today begins, "The Senate will return from Easter vacation with nuclear options on its mind. Republicans seem determined to change the rules so Democrats will no longer be able to stop judicial nominations with the threat of a filibuster." Posted at 08:10 AM by Howard Bashman "A case for independent courts": This editorial appears today in The Baltimore Sun. And today in The Oregonian, columnist Robert Landauer has an essay entitled "50% + 1 not always ample majority." "File-sharing free-for-all; Top court to hear entertainment industry argue 2 cyber-share ventures foment copyright violations": Newsday contains this article today. The Boston Globe reports that "Court to decide fate of file-swap software; Case could have far-reaching effects in the era of iPod and TiVo." The Pittsburgh Post-Gazette reports that "File-sharing battle continues before justices." The Denver Post reports that "Tech industry all eyes, ears." The New York Sun contains an article headlined "Mediating the File-Sharing Wars." The Toronto Globe and Mail reports that "Cuban goes courtside in copyright battle with music industry." The Dallas Morning News reports that "Cuban glad to step in; Movie studios actually want technology to win court case, he says." And The Los Angeles Times contains an editorial entitled "California's Civil War." "U.S. Jurist Bars Yale Students As Law Clerks; Restrictions On Military Anger A '52 Alumnus": This article appeared Saturday in The Hartford Courant. Posted at 07:04 AM by Howard Bashman "And dust for all at Supreme Court; After 70 years, our nation's marbled temple of law receives major makeover": Joan Biskupic has this article today in USA Today. Posted at 07:02 AM by Howard Bashman "Supreme Court to hear high-speed Internet case; Cable companies may have to open networks": This article appears today in The Baltimore Sun. Posted at 07:00 AM by Howard Bashman "Media can be sued for report of others' libel": Today in The Pittsburgh Post-Gazette, Michael McGough has this article. Posted at 06:50 AM by Howard Bashman "Girls' killer had his day in court, state says; Appeal claims U.S. did not follow rules of '63 treaty": This article appears today in The Houston Chronicle, along with an article headlined "Reviews give hope to Mexicans on death row; Possible violation of right to local consular notification may lighten sentences." David G. Savage of The Los Angeles Times reports that "Justices May Sidestep Death Row Decision; A World Court ruling and a surprise order by Bush complicate the cases of 51 Mexican nationals sentenced to die in several states." Michael McGough of The Pittsburgh Post-Gazette reports that "High court case tinged by foreign policy." And The Washington Times reports that "Court told to ignore global issues in case." "Justices to review death penalty retrial order; Prosecutors also get break in similar case before Ninth Circuit": Bob Egelko has this article today in The San Francisco Chronicle. Posted at 06:42 AM by Howard Bashman Monday, March 28, 2005 "Keller resigns from Supreme Court": The Lexington Herald-Leader provides a news update that begins, "Kentucky Supreme Court Justice James E. Keller of Lexington, known for his work in establishing drug courts in the state, will step down from the bench, effective May 31." Posted at 11:28 PM by Howard Bashman "Colorado Court Bars Execution Because Jurors Consulted Bible": This article will appear Tuesday in The New York Times. Posted at 11:25 PM by Howard Bashman In Tuesday's edition of The Washington Post: Charles Lane will have an article headlined "Justices Consider Rights of Foreigners; Power of International Court at Issue." A profile of former Fourth Circuit nominee Claude A. Allen will bear the headline "Bush's Domestic Adviser Is 'a Jack of All Trades.'" And in other news, "Where Age And Power Go Together: Washington Accepts Elderly Leaders." "High court hears Houston death case; Justices grapple with foreigners' rights, constitutional issues": Allen Pusey will have this article Tuesday in The Dallas Morning News. Posted at 11:05 PM by Howard Bashman "Bush Decision to Comply With World Court Complicates Case of Mexican on Death Row": Linda Greenhouse will have this article Tuesday in The New York Times. Posted at 09:55 PM by Howard Bashman "Supreme Court Won't Rule on 'Neutral Reporting Privilege'": David G. Savage of The Los Angeles Times provides this news update. Posted at 08:40 PM by Howard Bashman The Associated Press is reporting: In news pertaining to the U.S. Supreme Court, "Court hears housing dispute between San Francisco, historic hotel" and "Supreme Court declines to hear appeal in child porn case against former Calif. judge." And in other news, "Judge: Moussaoui Trial Date to Be Set Soon." Today's order of the U.S. District Court for the Eastern District of Virginia can be accessed here. On this date in "How Appealing" history: One year ago today, I had a post titled "Tonight's broadcast of '60 Minutes' will contain an interview with Fifth Circuit recess appointee Judge Charles W. Pickering, Sr." A transcript of that "60 Minutes" segment remains available online at this link, while Judge Pickering himself no longer remains on the Fifth Circuit because his recess appointment expired last December. Also one year ago today, I linked here to an article published that day in The Detroit News headlined "Bush likely to opt for court nominee with Federalist ties; Right-wing legal society grows in political clout since 1982 inception." The concluding sentence of that article states, "Court watchers consider [Jeffrey S.] Sutton, who now serves on the Cincinnati-based 6th U.S. Circuit Court of Appeals, as Supreme Court material." "KC man sentenced for threats to federal judge": The Associated Press provides this report from Kansas City, Missouri. And online at The Village Voice today, James Ridgeway has an essay entitled "Schiavo Judge Has Reason to Fear: Armed guards, dead flowers, and not very Christian-sounding e-mail." Playing the role of Dahlia Lithwick in this evening's performance is Emily Bazelon: Online at Slate this evening, Emily Bazelon has a Supreme Court dispatch headlined "You Picked a Fine Time To Leave Me: President Bush ditches Texas in front of the Supreme Court" that begins, "Let's start with the obvious: I'm not Dahlia Lithwick. To Dahlia's devotees--and you are legion--who are thinking of me as Kirstie Alley on Cheers, or the subbed-in Luke on the Dukes of Hazzard, well, sorry about that. But think about it this way: It's not as if Slate has killed Dahlia off. She'd just rather not give birth to her new baby in court. So, until she comes back, skinnier if not well-rested, I'll be keeping an eye on her nine other babies." Posted at 07:11 PM by Howard Bashman "Court hears arguments on foreigners' rights in death-penalty cases": The Fort Worth Star-Telegram provides this news update. Posted at 07:05 PM by Howard Bashman Available online from National Public Radio: This evening's broadcast of "All Things Considered" contained a segment entitled "Supreme Court to Hear Arguments on File Sharing." And today's broadcast of "Day to Day" included segments entitled "Echoes of Earlier Right-to-Die Battle in Schiavo Case" and "Mass Injury Diagnosis in Personal-Injury Lawsuits." RealPlayer is required to launch these audio segments. "Chief Justice Rehnquist Returns to Bench": The Associated Press reports here that "Chief Justice William H. Rehnquist, ailing with thyroid cancer, went to the hospital over the weekend after experiencing breathing problems but returned to the bench Monday." Posted at 06:02 PM by Howard Bashman "Online Music Case Outcome Rests on VCR Technology": Reuters provides this report. Posted at 06:00 PM by Howard Bashman "High court shows Pryor restraint": The Birmingham News today contains an editorial that begins, "Even the U.S. Supreme Court won't consider removing former Alabama Attorney General Bill Pryor from the 11th U.S. Circuit Court of Appeals. Why doesn't the U.S. Senate simply carry out its responsibility and vote Pryor's nomination up or down?" Posted at 05:40 PM by Howard Bashman "Supreme Showdown for P2P's Future": Wired News provides this report. Posted at 05:35 PM by Howard Bashman "Imagine Terri Were a Toaster... An economist considers the Schiavo case." Steven E. Landsburg today has this everyday economics essay online at Slate. What I have yet to see -- perhaps because I'm not looking in the right places -- is anyone who has remarked on all the good that could have been accomplished had the money and resources consumed by the U.S. Congress and President Bush in passing and signing the federal law applicable to Terri Schiavo's case -- a law that proved to be of no help to those seeking to keep Ms. Schiavo alive -- been used instead to assist those in need whose lives that money could have saved or improved substantially for the better. What was the price tag for the Schiavo law, and how might that money been used instead actually to save or improve the lives of others in need? Enquiring minds want to know. "Justices Find Medellin Case a Muddle": law.com's Tony Mauro provides this news update. Posted at 05:02 PM by Howard Bashman Corante launches "Between Lawyers" blog: You may recognize many of the contributors to this new blog. Posted at 04:40 PM by Howard Bashman "The war over downloading: The debate over Internet piracy has raged for years; Now the Supreme Court is about to weigh in." CNN/Money provides this report. Posted at 04:33 PM by Howard Bashman "Bible Reading Thwarts Colo. Murder Case": The Associated Press reports here that "The Colorado Supreme Court threw out the death sentence Monday of a man convicted of raping and killing a cocktail waitress because jurors consulted the Bible during deliberations." You can access today's 3-2 ruling of the Supreme Court of Colorado at this link. Posted at 04:20 PM by Howard Bashman "Barely Legal: The hottest trend in file sharing." Dana Mulhauser today has this jurisprudence essay online at Slate. Posted at 04:18 PM by Howard Bashman "Supreme Court May Not Decide Case of Death-Row Mexican": James Vicini of Reuters provides this report. Posted at 04:15 PM by Howard Bashman "Judge Orders U.S. PS2 Sales Halted; Sony Appealing": Reuters provides this report. And The Associated Press reports that "Sony Ordered to Pay in PlayStation Case." Posted at 03:05 PM by Howard Bashman Law Professor Jeffrey Rosen -- here, there, and everywhere: Yesterday, Professor Rosen had an op-ed in The Washington Post entitled "It's The Law, Not the Judge; But These Days the Bench Is the Hot Seat." Today, The Washington Post hosted Professor Rosen's online chat on the subject of that op-ed. Professor Rosen also appeared on this past Saturday's broadcast (RealPlayer required) of C-SPAN's "America & the Courts," where he discussed his article "Rehnquist the Great? Even liberals may come to regard William Rehnquist as one of the century's most successful chief justices" (subscription required), which appears in the April 2005 issue of The Atlantic Monthly. "Auman conviction reversed": The Denver Post provides this news update. When the case was argued last September in the Supreme Court of Colorado, The Denver Post published an article headlined "'Felony murder' weighed" and an essay by columnist Diane Carman entitled "Auman case hangs from a split hair." Posted at 02:40 PM by Howard Bashman "Rights of Foreigners on Death Row Examined": Hope Yen of The Associated Press has this report on one of the oral arguments that the Supreme Court of the United States heard this morning. And at "SCOTUSblog," Lyle Denniston reports on the oral argument in a post titled "Medellin case: the Court hesitates." Posted at 02:22 PM by Howard Bashman "Daniel Benitez, key plaintiff in Mariel boatlift case, dead at 49": The Associated Press reports here that "One of two Mariel Cubans whose cases against the U.S. government led to the Supreme Court decision barring the indefinite detention of illegal migrants died Monday, his attorney said." The U.S. Supreme Court issued the ruling in question on January 12, 2005. Posted at 01:00 PM by Howard Bashman "Spokesman says Terri Schiavo reacted to a friend's visit": The Miami Herald provides this news update. Posted at 12:57 PM by Howard Bashman "Justice's family to back BWI renaming; Thurgood Marshall's wife, son to urge legislators to honor civil rights pioneer; Bill passed House, sits in Senate": This article appears today in The Baltimore Sun. Posted at 12:52 PM by Howard Bashman "Culture War's Latest Chapter: Schiavo Case." The Associated Press provides this report. Posted at 12:44 PM by Howard Bashman "Both sides find ammo in Pryor's record; Whether his federal judgeship should be permanent debated": This article appears today in The Birmingham News. Posted at 11:55 AM by Howard Bashman "Parents Appeal to Fla. Governor to Help Schiavo": Reuters provides this report. Posted at 11:21 AM by Howard Bashman Hope Yen of The Associated Press is reporting: This morning, she has articles headlined "High Court Lets Stand Defamation Ruling" and "Court Declines to Review Abortion Law." Posted at 11:18 AM by Howard Bashman "Colorado Supreme Court overturns Auman conviction": The Associated Press provides this report on a ruling that the Supreme Court of Colorado issued today. "TalkLeft" offers these thoughts on today's ruling. "Domestic, Not Foreign: Our laws should be judged by our laws." U.S. Senator John Cornyn (R-TX) has this essay today at National Review Online. Posted at 10:30 AM by Howard Bashman Today's U.S. Supreme Court Order List: You can access the list at this link. As Lyle Denniston explains here at "SCOTUSblog," the Court granted review in only one case today, a death penalty case. Posted at 10:00 AM by Howard Bashman On today's broadcast of NPR's "Morning Edition": Nina Totenberg reported that "Supreme Court Hears Consular-Access Case." This morning's broadcast also contained segments entitled "Report: Pentagon Eyes Changes for Guantanamo Detainees" and "Connecticut Legislature May OK Gay Civil Unions." RealPlayer is required to launch these audio segments. In news from Illinois: The Associated Press reports today that "Case raises ethical dilemma for justice; Karmeier presiding over State Farm case; company contributed to his campaign." In related coverage, last week The St. Louis Post-Dispatch contained an article headlined "Justice looks at changing how judges are chosen" that begins, "In the wake of last year's bitter and expensive Illinois Supreme Court race in Southern Illinois, the court's chief justice quietly convened a meeting of the state's top legal minds Tuesday to lay groundwork for what could be a major overhaul of the way Illinois selects its judges." "How the Schiavo Federal Court Case Might Have Been Won": FindLaw columnist Michael C. Dorf has this essay. Posted at 08:28 AM by Howard Bashman In today's edition of The Los Angeles Times: An article reports that "Rare Bugs Arrest a Development; A Texas man, backed by property rights advocates, is trying to get the Supreme Court to hear his challenge to the Endangered Species Act." And in other news, "Schiavo Called Beyond Saving; Seeing their daughter 'declining rapidly,' the woman's parents are done with courtroom efforts to keep her alive, a spokesman says" and "'Culture of Life' Issues Split GOP." "Clash Over Foreign Law Due in High Court Today": Luiza Ch. Savage has this article today in The New York Sun. The Washington Times reports today that "Justices get Mexican's appeal." And The Fort Worth Star-Telegram reports that "Court to hear Texas case on consular notification." "Death and Congress: What the Terri Schiavo case says about America and American politics." In the April 4, 2005 issue of The New Yorker, Hendrik Hertzberg has a "Talk of the Town" comment in which he writes, "Terri Schiavo has become a metaphor in the religio-cultural struggle over abortion. This--along with the advantages of demonizing the judiciary in preparation for the coming battle over Supreme Court nominees--explains the eagerness of Republican politicians to embrace her parents' cause." Posted at 06:42 AM by Howard Bashman "The fight for the courts: The Terri Schiavo case has demonstrated the importance of an independent judiciary, but Republicans are determined to pack the courts with ideologues." This editorial appears today in The St. Petersburg Times. The Houston Chronicle today contains an editorial entitled "The constitutional role of an independent Senate is more important than the confirmation of a handful of ideological judicial nominees." The Winston-Salem Journal contains an editorial entitled "Save the Filibuster." The Minnesota Daily contains an editorial entitled "Nuclear tyranny in the Senate: Deploying the 'nuclear option' will both destroy bipartisanship and damage debate." And in The Tufts Daily, Mark DeVoto has an essay entitled "Republicans consider the 'nuclear option.'" "High Court Prepares for Case Against File Sharing; The entertainment and tech industries will face off over piracy and who is liable for it": The Los Angeles Times contains this article today. The San Francisco Chronicle today contains articles headlined "Music file-sharing case before high court; Ruling could have major effect on future of entertainment industry, consumer rights"; "Latest battle between Hollywood and tech industry could be most crucial one yet"; and "The sharing goes on; Industry clampdown hasn't hurt its popularity on college campuses." The Washington Times reports that "Artists to tune in to court case." And The New York Times today contains an editorial entitled "When David Steals Goliath's Music." "Supreme Court to Hear Case on Cable's Regulatory Duties": This article appears today in The New York Times. And The Philadelphia Inquirer's "Consumer Watch" columnist today has an essay entitled "Arguments on future of fast Internet." "Rights of Foreigners on Death Row Examined": Hope Yen of The Associated Press provides this report. Posted at 06:20 AM by Howard Bashman Sunday, March 27, 2005 In Monday's issue of USA Today: Joan Biskupic will have an article headlined "Online file sharing to face judicial test." And a related article looks at the question "Who's liable for actions of people who share?" Posted at 11:45 PM by Howard Bashman In Monday's edition of The Washington Post: Charles Lane will report that "Texas Accuses Bush of Trampling Its Autonomy in Death Penalty Case." And a front page article will bear the headline "Pharmacists' Rights at Front Of New Debate; Because of Beliefs, Some Refuse To Fill Birth Control Prescriptions." "A Supreme Court Showdown for File Sharing": This article will appear in Monday's edition of The New York Times. Monday's issue of The Hollywood Reporter will contain an article headlined "Justices set to hear MGM v. Grokster." Agence France Presse reports that "P2P case comes up this week" (found via Google News, no less!). c|net News.Com reports that "Mark Cuban to finance Grokster defense." Saturday's edition of The San Jose Mercury News reported that "Grokster case pits tech innovation vs. Hollywood's rights." And in Thursday's edition of The Fort Worth Star-Telegram, Linda Campbell had an essay entitled "Moguls vs. millions of file-swappers." "Signature drive for cross gets push at holiday events": The San Diego Union-Tribune today contains an article that begins, "A push to keep the cross on Mount Soledad continued yesterday as signature collectors fanned throughout San Diego County." Posted at 08:45 PM by Howard Bashman "When filibusters were real": The Boston Herald today contains an editorial that begins, "There's been a lot of agita about the possibility of the Senate's majority Republicans using a 'nuclear option' when sessions resume this week to change the rules of the Senate to prevent filibusters of the president's judicial nominees." According to the U.S. Senate's web site, the Senate won't be back in session until Monday, April 4, 2005. Posted at 07:30 PM by Howard Bashman "Lawyers cast light inside 'Gitmo'; Access brings abuse allegations": This article appears today in The Kansas City Star. And today in The New York Times, Neil A. Lewis has an article headlined "At Guantanamo, Refueling With Java and Windmills." "Schiavo Nearing Death in Florida; Battle Over": Reuters provides this report. And Monday's edition of The Guardian (UK) reports that "Schiavo's relatives in row over funeral; Parents attack husband's plan for cremation, as woman lies dying." "What influence international law has in US courtrooms; High Court Monday considers conflicting rights surrounding noncitizens on death row": Warren Richey will have this article in Monday's edition of The Christian Science Monitor. Posted at 05:18 PM by Howard Bashman "Judge's dinner talk at center of dispute; Attorney for teen convicted of murder sought new trial in motions": This article appeared Friday in The News Journal of Wilmington, Delaware. Earlier this month, that newspaper published another article about the case under the headline "High court ruling spares Del. killer; Supreme Court's decision bars execution of juveniles." (Thanks to Norm Pattis at "Crime & Federalism" for the pointer.) Posted at 04:45 PM by Howard Bashman "Phrase causes flap at FdL High School": Friday's edition of The Reporter of Fond du Lac, Wisconsin contained an article that begins, "After a two-week debate over use of the phrase 'God Bless America' in an all-school announcement at Fond du Lac High School, junior Calvin Freiburger used the phrase again Thursday -- this time with the consent of the administration." I first noted this matter Wednesday in a post that you can access here. Access online the lyrics to "I'm Larry Tribe": I previously linked to the audio (Windows Media Player required) of this song parody performed as part of the Harvard Law School Parody 2005 "Finding Nemo Contributorily Negligent," and now you can access the lyrics at this link. Posted at 03:20 PM by Howard Bashman On this date in "How Appealing" history: One year ago today, I had a post titled "Democrats in the Senate Issue Threat to Block Court Nominees" linking to this New York Times article and other press coverage. And believe it or not, it was a full two years ago today that the Senate Judiciary Committee voted by a 10-9 margin along party lines to approve the nomination of Priscilla R. Owen to the U.S. Court of Appeals for the Fifth Circuit. My report on that vote can be found here. As The Dallas Morning News reported two years ago tomorrow, "Split Senate panel backs Owen's nomination; Texas judge gets 2nd chance after defeat by Democrats last year." At that day's Judiciary Committee business meeting, as noted in a text linked in my post titled "Senator Patrick J. Leahy (D-VT) has a few things he'd like to say," Senator Leahy stated about the Owen nomination that "Never before has a President resubmitted a circuit court nominee already rejected by the Senate Judiciary Committee, for the same vacancy." "I'm Larry Tribe": The audio (Windows Media Player required) from this song parody performed to the tune of "I will survive" as part of the Harvard Law School Parody 2005 (the show was titled "Finding Nemo Contributorily Negligent") can be accessed at this link. Some of the lyrics to the song are reproduced in the April 4, 2005 print edition of The Weekly Standard. The writers of this year's show are Jamie Auslander, Jeremy Blachman, Taylor Dasher, Andi Friedman, Rebecca Ingber, and Justin Shanes. Perhaps later today I'll post online the complete lyrics. Or, perhaps not. Posted at 01:22 PM by Howard Bashman "Supreme Court Nominations: Prospects & Consequences for the Court and the Nation." This program is scheduled to occur at American University Washington College of Law on Wednesday, April 6, 2005. A law professor there has emailed to advise the following are slated to participate in the program as panelists or moderators: Drew S. Days; Charles Fried; Marci A. Hamilton; David A. Strauss; Nina Totenberg; Bradford Berenson; Manuel Miranda; Clifford Sloan; Ronald Weich; and Tom Goldstein. There's no word yet concerning whether the event will be broadcasted online. "It's Starr vs. ACLU in Waikiki": The Honolulu Advertiser today contains an article that begins, "The Terri Schiavo legal saga in Florida was the first topic of a debate yesterday as former Whitewater special prosecutor Kenneth Starr and ACLU national president Nadine Strossen traded views and lighthearted barbs at the fourth Davis Levin First Amendment Conference at the Hilton Hawaiian Village in Waikiki." Posted at 12:52 PM by Howard Bashman "Anti-Bias Law Has Backfired at Berkeley": Robert J. Birgeneau, chancellor of UC Berkeley, has this op-ed today in The Los Angeles Times. Posted at 12:50 PM by Howard Bashman The Sacramento Bee is reporting: Today's newspaper contains articles headlined "Abortion-rights battle shaping up; The ballot plan would require parents of minors to be notified at least 48 hours in advance" and "Foreign national's case under review; High court faces the question of whether state convictions violated international law." And yesterday, the newspaper contained articles headlined "Partner law faces test in court; Critics say law on same-sex unions is unconstitutional" and "History-making judge known as tough but fair." "Congressional Republicans Target 'Activist' Judiciary": This quite interesting segment (RealPlayer required) appeared on yesterday evening's broadcast of NPR's "All Things Considered." Posted at 09:32 AM by Howard Bashman "Court kills shipper's $678,000 in damages; Federal law limits claim on FedEx by Emeryville firm": Bob Egelko had this article yesterday in The San Francisco Chronicle. You can access Friday's ruling of the California Court of Appeal for the First Appellate District at this link. Posted at 09:30 AM by Howard Bashman In news from Kansas: The Associated Press reports that "Legislators angered by high court decisions; Death penalty, school finance spark backlash in Statehouse." Posted at 09:24 AM by Howard Bashman In the April 4, 2005 issue of U.S. News & World Report: The magazine will contain articles headlined "Life and death politics: The Schiavo case is just the latest front in a much nastier war" and "Bill Frist's balancing act." Posted at 09:22 AM by Howard Bashman "Johnnie Cochran, Word Cop": Ronald K.L. Collins has this op-ed today in The Los Angeles Times. Posted at 09:20 AM by Howard Bashman Happy belated birthday to Justice Sandra Day O'Connor: As noted here, she celebrated her 75th birthday yesterday. Posted at 09:12 AM by Howard Bashman "Schiavo case offers dramatic lesson in government, politics, rule of law": Stephen Henderson of Knight Ridder Newspapers provides this report. Posted at 09:05 AM by Howard Bashman "Legal battle over, parents seek miracle; While each side has a different take on Terri Schiavo's condition, her family settles into a somber and silent wait": This article appears today in The St. Petersburg Times, along with an article headlined "Schiavo's legacy may live in debate; End-of-life issues may never be addressed the same after the unprecedented intervention in her case." The Tampa Tribune reports that "Schindlers Turn Inward For Easter." The Orlando Sentinel contains an article headlined "Uneasy street: Furor at hospice riles neighbors." The Miami Herald reports that "Parents end legal fight." The San Francisco Chronicle reports that "At vigil, Schiavo depicted as new martyr; Appeals rejected; her parents run out of legal options." The Los Angeles Times contains articles headlined "Dismissal of Parents' Claim May Mark End of Legal Battle; They say their daughter tried to utter: 'I want to live'; After a judge and the state Supreme Court reject the latest petition, few options remain" and "A Family's Slow Descent Into Loathing: Michael Schiavo and his in-laws stuck together, but then a settlement planted seeds of discord." The Washington Post reports that "Fla. High Court Rejects Schindlers' Appeal" and "Bush's Back-and-Forth Reflects Rift in Party." The Chicago Tribune contains an article headlined "Before tragedy, an ordinary life; Accounts diverge on Terri Schiavo and her thoughts about life support, but friends and family paint a portrait of a woman who liked hanging with friends, worked to get by and weathered marriage's high." The Boston Globe reports that "Schiavo family vigil nearing end." Finally, The New York Times reports that "Governor Is Pressed on Schiavo as Legal Moves Dwindle." The Week in Review section contains essays entitled "The Dangers of Political Theater" and "Did Descartes Doom Terri Schiavo?" And columnist Frank Rich has an essay entitled "The God Racket, From DeMille to DeLay." "A Star Reporter Fights Subpoena, and Criticism; Some applaud Judith Miller for protecting her sources, but question what they call her uncritical coverage of Iraq weapons programs": This article appears today in The Los Angeles Times. Posted at 08:30 AM by Howard Bashman "DeLay Family Outcome Different From Schiavo's": Sunday's edition of The Los Angeles Times will contain an article that begins, "A family tragedy unfolding in a Texas hospital during the fall of 1988 was a private ordeal -- without judges, emergency sessions of Congress or the raging debate outside Terri Schiavo's Florida hospice." Posted at 12:10 AM by Howard Bashman Saturday, March 26, 2005 "Battle over judicial nominees likely to be ideological war": This news analysis will appear Sunday in The Philadelphia Inquirer. Sunday's issue of The Milwaukee Journal Sentinel will report that "Battle on judges may get nasty; Kohl, Feingold defend Democrats' right to filibuster some nominees." And in Sunday's edition of The Washington Post, Law Professor Jeffrey Rosen will have a quite interesting essay entitled "It's The Law, Not the Judge; But These Days the Bench Is the Hot Seat." Virginia Pledge of Allegiance case argued before first three-judge panel to consist entirely of female Fourth Circuit judges: Earlier today, I linked here to the appellate briefs and district court opinion in this case. This evening, while my wife and I were out watching a local production of the play "Blue/Orange," a reader emailed to advise that the Fourth Circuit panel assigned to decide this appeal consists of Circuit Judges Karen J. Williams, Diana Gribbon Motz, and Allyson K. Duncan. A question-and-answer session with law students followed the oral arguments held at Wake Forest University School of Law in Winston-Salem, North Carolina. According to my correspondent, "In answer to one question, the Judges stated that this was the first all-woman panel composed of 3 Fourth Circuit judges. There had been a previous all-woman panel composed of 2 Fourth Circuit judges and 1 district court judge." "Florida high court refuses Schiavo petition; Schindlers' lawyer says legal fight is near end": CNN.com provides this report. And The Associated Press reports that "Legal Fight Over Schiavo Nearing an End." This evening's order of the Supreme Court of Florida can be accessed at this link. "Schiavo Judge Attains New Fame, Infamy": The AP offers this report. Posted at 05:24 PM by Howard Bashman "Attorneys: Schiavo Legal Battle Nears End." The Associated Press provides this report. Posted at 04:02 PM by Howard Bashman On this date in "How Appealing" history: Now that this blog has been in existence for literally forever and a day, it is possible to reach back into the archives to point out potentially interesting or amusing posts that first appeared online here on this very date one or more years ago. For example, on March 26, 2004, I had a post titled "Apparently no 'Larry' or 'Curly' defendants were sued" that began, "If Unocal Corp. can be sued in California for alleged abuses committed in Myanmar, then why can't ChevronTexaco Corp. be sued in California for alleged abuses committed in Nigeria?" And two years ago today, I was not only linking to Dahlia Lithwick's coverage of that day's oral argument in Lawrence v. Texas, but I was also attempting to explain the U.S. Supreme Court's ruling handed down that day which once and for all brought an end to Fifth Amendment takings clause challenges against IOLTA programs. "Appellate trivia (Map v. Idaho and Montana):" That was the title of this post of mine from March 2003. Now, via Orin Kerr at "The Volokh Conspiracy," I see that some enterprising law professor has been able to spin the subject into a law review article that's being published in a forthcoming issue of The Georgetown Law Journal. Posted at 03:15 PM by Howard Bashman "Pledge of Allegiance Debate Heard; Lawyers argue over whether Loudoun students should be reciting the Pledge in school": This article, which appeared Thursday in The Loudoun (Va.) Connection, discusses a case argued two Fridays ago in the U.S. Court of Appeals for the Fourth Circuit. A reader has kindly forwarded electronic copies of the briefs filed in the Fourth Circuit. I have posted online the Brief for Appellant filed by a parent challenging the daily recitation of the Pledge of Allegiance as an Establishment Clause violation; the Briefs for Appellees filed by the school board and the Commonwealth of Virginia; the brief filed by the federal government as intervenor; the amicus brief filed by the State of Alabama on behalf of 30 States; and the parent's reply brief. The decision that is the subject of this appeal originates from the U.S. District Court for the Eastern District of Virginia. Some of these uploaded files are very large documents, so be forewarned. "U.S. Drafts Plan to Strengthen Detainee Rights": Sunday's edition of The New York Times will contain an article that begins, "Battered by criticism from the federal court, foreign governments and human rights groups, the Defense Department is considering substantial changes to the special military tribunals that the Bush administration established to try foreign terrorism suspects at Guantanamo Bay, Cuba." Posted at 01:33 PM by Howard Bashman "Aguirre: Vote about cross OK; Measure could reverse City Council's decision." Thursday's edition of The San Diego Union-Tribune contained an article that begins, "City Attorney Michael Aguirre said yesterday that voters should be able to pursue a referendum to reverse the City Council's decision that cleared the way for the Mount Soledad cross to be moved off public land." Posted at 01:30 PM by Howard Bashman BREAKING NEWS -- Florida state trial court judge denies Terri Schiavo's parents' latest request to reconnect feeding tube: So CNN is reporting. And The Associated Press reports that "Fla. Judge Nixes Schiavo Parents' Request." Update: A copy of the ruling can be viewed at this link. "Good Judgment": The Washington Post today contains an editorial that begins, "Neither Congress nor President Bush acquitted themselves well last weekend in enacting a law to intervene in the case of Terri Schiavo. But in the days that have followed, one institution of American government has distinguished itself in its handling of the matter: the federal courts." Posted at 11:02 AM by Howard Bashman "Schiavo Parents Won't Fight Federal Ruling": The Associated Press reports here that "Terri Schiavo's parents will not ask a federal appeals court to reconsider its decision that left their brain-damaged daughter without her feeding tube, leaving one of their last hopes with a state judge who has ruled against them before, one of their lawyers said Saturday." And CNN.com offers a report headlined "Attorney: No more federal appeals in Schiavo case; State judge to announce ruling by noon." Available online from c|net News.Com: An article reports that "Broadband scuffle reaches Supreme Court." And an article about Google News is headlined "All the news that robots pick." "Salazar retreats from no-filibuster position": This article appears today in The Washington Times. And in The Oregonian today, columnist Robert Landauer has an essay entitled "'Nuke' option fallout has deadly effect." "Screenwriter snubbed by appeals court in S.F.; Ruling says she doesn't own copyright": Bob Egelko has this article today in The San Francisco Chronicle. Posted at 09:40 AM by Howard Bashman "Schiavo: Same judges, same result; Judges who have already denied requests to reinstate Terri Schiavo's feeding tube issue the same rulings." This article appears today in The St. Petersburg Times, along with an article headlined "She's the other woman in Michael Schiavo's heart." The Tampa Tribune reports that "Schiavo In 'Last Hours,' Exhausted Father Says." The Orlando Sentinel reports that "Schiavo protesters aim ire at Gov. Bush; Her parents keep fighting in court as their backers compare the governor to Pontius Pilate." The Miami Herald contains articles headlined "Protesters on vigil near Schiavo sensing long struggle may be over; A sense of inevitability set in at Terri Schiavo's hospice despite a provocative new claim by her parents that she tried to speak" and "Police 'showdown' averted." The Washington Post contains articles headlined "Schiavo's Parents Take 'Final Shot' to Keep Her Alive" and "Schiavo Case Tests Priorities Of GOP." The Los Angeles Times reports that "Court Denies Parents' Appeal; The Schindlers urge Gov. Bush to save their daughter as protesters at his mansion demand he send state agents to take custody of Terri Schiavo." The Boston Globe reports that "Schiavo's parents keep up appeals; But daughter is facing final hours, Schindlers say." The San Francisco Chronicle reports that "Schiavo shied away from the spotlight; An 'ironic' public role for a private person." And The Chicago Tribune reports that "Suspect tried to steal gun to rescue Schiavo, cops say." Friday, March 25, 2005 In Saturday's edition of The New York Times: The newspaper will contain articles headlined "Behind Life-and-Death Fight, a Rift That Began Years Ago"; "Schiavo in Her 'Last Hours,' Father Says Amid Appeals"; and "Schiavo's Condition Holds Little Chance of Recovery." Posted at 11:24 PM by Howard Bashman "Circuit Court again rebuffs Schiavo parents": Lyle Denniston has this post online at "SCOTUSblog." And CNN.com reports that "Judges deny Schiavo parents again; Schindlers to Governor Bush: 'Please do something.'" The CNN article reports that "After the federal panel's decision Friday night, the Schindlers appealed to Florida Gov. Jeb Bush to intervene, calling what happened 'judicial homicide.'" "Art foundation wants high court to intervene in dispute over move": The Associated Press provides this report. Posted at 10:40 PM by Howard Bashman "In Solomon's Absence: The Schiavo case made bad law and good politics." Daniel Henninger has this essay today in The Wall Street Journal. Posted at 10:35 PM by Howard Bashman Is this stick longer than that rock is heavy? Today, Tenth Circuit Judge Michael W. McConnell issued an interesting concurring opinion in a case that presents the question "whether the State of Kansas may require members of a Kansas Indian tribe to register and title their vehicles with the State if they drive off-reservation on Kansas roads and highways." The opinion reminds me that you just don't see that many cars titled in Singapore driving on highways in the United States. Posted at 10:30 PM by Howard Bashman Available online from law.com: An article reports that "Schiavo Case Demonstrates Growing Tension Between Courts, Congress." Tony Mauro reports that "Top Attorneys Tapped for High Court Tech Cases." According to the article, the lawyers arguing the cases have all either clerked at the U.S. Supreme Court or wirelessly blogged from there. And in related coverage, Marcia Coyle reports that "Broad View of Broadband Sought at High Court." Finally, Deborah C. England has an essay entitled "The Nuclear Option: Changing Senate rules on filibusters would be bad policy -- and bad law." In today's edition of The Boston Globe: The newspaper contains articles headlined "Roe v. Wade omitted from proclamation" and "State courts to videotape judges' actions on bench; Aim is to improve trial performance." Posted at 10:18 PM by Howard Bashman "Commandments display OK'd; House endorses them in government, school buildings; Senate will wait for court ruling": This article appears today in The Detroit News. Posted at 10:15 PM by Howard Bashman BREAKING NEWS -- U.S. Court of Appeals for the Eleventh Circuit again rules against Terri Schiavo's parents: You can access this evening's ruling at this link. This ruling, by the same three-judge panel that ruled in the earlier case, is unanimous. The latest news coverage from The Associated Press is available at this link. Posted at 09:19 PM by Howard Bashman Don't digitize the chili: Sure, finding a human finger in a bowl of chili is tasteless, but then so is finding humor in the situation by blending that story (which I haven't previously mentioned here) with another news story (which I have covered plenty in recent days). In case others haven't been following the news out of San Jose closely either, here's a quick rundown. On Wednesday, The San Jose Mercury News reported that "Woman claims to find finger in eatery's chili." Yesterday, that newspaper reported that "It's official: That was a finger in chili." And today, the newspaper provides a news update headlined "Coroner unsure if finger cooked or placed in chili bowl later." Meanwhile, The San Francisco Chronicle yesterday contained a front page article headlined "Wendy's diner finds human finger in her chili." And today, the newspaper reports that "Authorities seek hand with a missing finger." "Student's blog strikes chord, generates book deal": Congratulations to Jeremy Blachman on this wonderful news. During my visit to Harvard Law School in late April, I will try to find some time to help Jeremy fritter away his staggeringly generous cash advance. Posted at 08:22 PM by Howard Bashman "Schiavo parents get emergency hearing; They argue that daughter expressed will to live": CNN.com provides this report. And The Miami Herald provides a news update headlined "Schiavo's parents: Terri tried to speak last week." "Schiavo's parents get 'emergency hearing'; Father says she is 'down to her last hours'": CNN.com provides this news update. The emergency hearing referse to a hearing in a state court in Clearwater, Florida scheduled for 5:30 p.m. today. Posted at 04:58 PM by Howard Bashman "Author of Clarence Thomas biography speaks at HLS": This article appears in the current issue of The Harvard Law Record. Posted at 04:35 PM by Howard Bashman "'Evolving Standards of decency' saved Christopher Simmons's life; they weren't enough to save Terri Schiavo": William Kristol will have this essay in the April 4, 2005 issue of The Weekly Standard. And at National Review Online today, Andrew C. McCarthy has an essay entitled "Beyond a Reasonable Doubt: Terri Schiavo has been denied due process of law." "Schiavo Update: Parents Suffer Legal Setbacks." Today's broadcast of NPR's "Day to Day" included this segment (RealPlayer required). Meanwhile, at "SCOTUSblog," Lyle Denniston has a post titled "Schiavo case again on the way up." Speech Impediment: Is Floyd Abrams endangering press freedom by defending it? Online at The New Republic today, Alexander Barnes Dryer has this review of Floyd Abrams's new book, "Speaking Freely: Trials of the First Amendment." Posted at 04:00 PM by Howard Bashman "The Barnes Foundation Seeks Fast Resolution To Anti-Move Appeal": Today in The Legal Intelligencer, Asher Hawkins has an article (subscription required) that begins, "Seeking to expedite appellate litigation triggered by the appeal of a man previously denied amicus standing in the matter, the Barnes Foundation has filed a King's Bench petition with the Pennsylvania Supreme Court, asking the justices to assume jurisdiction over the Superior Court appeal of Jay Raymond, a former Barnes student and teacher." I am quoted in the article: Bashman said he intends to respond to the Barnes' petition once he has had a chance to fully review it.After the Superior Court of Pennsylvania on March 8, 2005 issued an order allowing this appeal to be heard on the merits (details here), counsel for The Barnes Foundation was quoted here in The Philadelphia Inquirer as stating that "Nothing that has happened will affect the Barnes Foundation's ability to move forward." By contrast, yesterday -- sixteen days after the Superior Court denied the motion to quash the appeal -- lawyers for The Barnes told Pennsylvania's highest court that unless the appeal is resolved as soon as possible, The Barnes will face serious financial peril. And for that reason, lawyers for The Barnes argue, Pennsylvania's highest court should wrest jurisdiction over the case from Pennsylvania's intermediate appellate court. Ironically, The Foundation's unsuccessful motion to quash filed in the Superior Court delayed the merits briefing schedule in that court by forty days. You can access at this link the "Emergency Application of The Barnes Foundation for Exercise of King's Bench and/or Extraordinary Plenary Jurisdiction by this Court" filed yesterday in the Supreme Court of Pennsylvania, and the supporting affidavits here, here, and here. Also yesterday, while simultaneously trying to get the appeal kicked upstairs to the Pennsylvania Supreme Court, The Barnes Foundation filed a motion to expedite the briefing schedule on appeal in the Superior Court. The briefing schedule was issued seventeen days ago, and the Brief for Appellant is currently due twenty-three days from today. "Neb. High Court Upholds Infant Blood Tests": The Associated Press reports here that "The Nebraska Supreme Court upheld a state law Friday that requires mandatory blood testing of newborn babies, rejecting an appeal by a couple who said it violates their religious beliefs." You can access today's ruling of the Supreme Court of Nebraska at this link. "Schiavo's Parents Back in Federal Court": The Associated Press provides this report on Terri Schiavo's parents' latest appeal to the Eleventh Circuit. Posted at 02:00 PM by Howard Bashman BREAKING NEWS -- Seventh Circuit holds constitutional the display of the framed text of the King James version of the Ten Commandments as one of nine historical texts and symbols that comprise a "Foundations of American Law and Government Display" in the County Administration Building in Elkhart County, Indiana: You can access today's ruling of the U.S. Court of Appeals for the Seventh Circuit at this link. Circuit Judge Diane S. Sykes wrote the majority opinion, in which Chief Judge Joel M. Flaum joined. Circuit Judge Frank H. Easterbrook dissented on the ground that he would have dismissed the case for want of standing instead of resolving the case on its merits. The beginning of Judge Easterbrook's dissent, however, makes quite clear that he likely would agree with the majority on the merits if he believed it appropriate to reach the merits. More background about the case can be found in a newspaper article that The Goshen (Ind.) News published March 30, 2004 under the headline "Ten Commandments ordered removed from county display." Some may recall that an earlier Ten Commandments monument in Elkhart County met a different fate in the Seventh Circuit in late 2000. By a vote of 7-4, en banc Ninth Circuit panel rules that an assignee who holds an accrued claim for copyright infringement, but who has no legal or beneficial interest in the copyright itself, cannot institute a lawsuit for infringement: You can access today's ruling at this link. Interestingly, one of the disagreements between the majority and two of the dissenters is whether today's ruling creates a circuit split: the majority says "no"; the dissenters say "yes." Posted at 01:28 PM by Howard Bashman "Schiavo father: 'Down to her last hours'; Family appeals in federal court again." CNN.com provides this report. Posted at 01:20 PM by Howard Bashman The audio files from yesterday's Ninth Circuit en banc oral arguments are now available online for download: To download the oral argument audio from yesterday's en banc argument in Yahoo! Inc. v. La Ligue Contre Le Racisme Et L'Antisemitisme, click here (Windows Media format). And to download the oral argument audio from yesterday's en banc argument in United States v. Ameline, click here (Windows Media format). On today's broadcast of NPR's "Morning Edition": The broadcast contained the following segments relating to Terri Schiavo's case: "Legal Options Narrow for Terri Schiavo's Parents"; "Religion and the End of Life"; and "Schiavo Case is Grayest of Gray Areas." The broadcast also contained a segment entitled "Silicon Valley, Hollywood Square off in File-Sharing Case." RealPlayer is required to launch these audio segments. "Politically Appealing: Congress gives aggrieved plaintiffs a new last resort." Jacob Sullum has this essay online today at Reason. Posted at 11:00 AM by Howard Bashman "Schiavo's Health Wanes As Parents Appeal": The Associated Press provides this updated report, which states that Terri Schiavo's parents have filed a new appeal with the U.S. Court of Appeals for the Eleventh Circuit. Posted at 10:42 AM by Howard Bashman "Brief defends freedom of religious schools to choose religion teachers based on religion; Urges Court of Appeals to preserve church autonomy and avoid entanglement": The Becket Fund for Religious Liberty issued this news release today. The brief for appellees filed yesterday in the U.S. Court of Appeals for the Third Circuit, in a quite interesting case from Delaware, can be accessed at this link. Posted at 10:30 AM by Howard Bashman "Court: Fla. Must Warn of Dangers at Beach." The Associated Press provides this report on yesterday's 4-3 ruling of the Supreme Court of Florida. Posted at 09:21 AM by Howard Bashman New felony charge filed against man who killed dog named "Felony" because that man had earlier been charged with a felony: The Journal of Martinsburg, West Virginia reported in yesterday's edition that "Canine cruelty yields arrest." In other coverage, The Associated Press reports that "Man Kills Dog Because of Name, Felony." Posted at 08:40 AM by Howard Bashman BREAKING NEWS -- "Federal Judge Nixes Schiavo's Feeding Tube": The Associated Press reports here that "A federal judge on Friday refused to order the reinsertion of Terri Schiavo's feeding tube, yet another setback for the parents of the brain-damaged woman in their battle against her husband to keep her alive." You can access this morning's ruling of the U.S. District Court for the Middle District of Florida at this link. And via FindLaw, you can access here Michael Schiavo's successful opposition filed yesterday in the U.S. Supreme Court to Terri Schiavo's parents' request for a stay. "Student's suspension revoked; principal apologizes; The dispute began when Eliazar Velasquez posted photos on the Internet showing his principal smoking outside the school": The Providence Journal contained this article yesterday. And the ACLU on Wednesday issued a press release titled "Under Threat of ACLU Lawsuit, Providence School Readmits Student Suspended For Photographing Principal." "Outsourcing Rights": This editorial appears today in The Washington Post. Posted at 07:11 AM by Howard Bashman "Why Schiavo's Parents Didn't Have a Case": CBS News legal analyst Andrew Cohen has this op-ed today in The Los Angeles Times. Posted at 07:10 AM by Howard Bashman "Bloggers narrowly dodge federal crackdown": Declan McCullagh provides this report at c|net News.Com. And Law Professor Rick Hasen, in a post at his "Election Law" blog titled "FEC Takes First Stab at Internet Rules: More Clarity Needed," links to his own commentary. Posted at 07:00 AM by Howard Bashman "Many Advertisers Find Blogging Frontier Is Still Too Wild": This article appears today in The Wall Street Journal. Posted at 06:28 AM by Howard Bashman "Shiavo's parents left with few options; After the U.S. Supreme Court begins their day of legal defeats, Terri Schiavo's parents hope for help from Gov. Jeb Bush and a federal judge": The St. Petersburg Times contains this article today. The Tampa Tribune reports today that "Legal Defeats Mount For Schiavo's Parents." The Orlando Sentinel contains articles headlined "Schiavo parents' options dwindle; Activists assail Bush for not stepping in" and "Case likely to cast shadow on U.S. politics for years." The Miami Herald reports that "Options are all but gone; Legal efforts to have Terri Schiavo's feeding tube reconnected failed, and she was said to be 'in her death process' on her seventh day without food or water." The Los Angeles Times reports that "Supreme Court Rebuffs Appeal in Schiavo Case; Later, a Florida judge bars Gov. Jeb Bush from taking custody of the woman at the center of the right-to-die dispute; Activists urge defiance" and "Case Proves Politically Touchy; With polls showing a majority unhappy with Congress' intervention, lawmakers on both sides of the Schiavo debate have largely backed off." USA Today contains articles headlined "Court rejection follows pattern; Past decisions have left such issues to states"; "Schiavo parents at legal end; Case returned to Tampa judge"; "Feud may be as much over money as principle; Bond of husband and in-laws soured after $1M settlement"; and "Anger runs higher as options run out." Finally, in The New York Sun, Luiza Ch. Savage has an article headlined "Bush: 'Err on the Side of Life.'" "Judge Tells City to Release Much of 9/11 Oral History": This article appears today in The New York Times. Posted at 06:18 AM by Howard Bashman "Defamation case against KXLY thrown out": The Spokesman-Review of Spokane, Washington today contains an article that begins, "The state’s highest court on Thursday threw out a defamation lawsuit against former Spokane TV journalist and mayoral candidate Tom Grant." I first mentioned this matter yesterday in a post you can access here. Posted at 06:14 AM by Howard Bashman "Barnes warns of cash crisis; It says an appeal of its move to Phila. is causing donors to delay gifts and asks the Pa. high court to expedite the case": This article, in which I am quoted, appears today in The Philadelphia Inquirer. And The Philadelphia Daily News reports today that "Barnes seeks 'expedited review' of appeal; Says process would delay move to Ben Franklin Parkway." Thursday, March 24, 2005 "Down with the judicial tyrants who are killing Terri Schiavo! Oops -- most of them are Republican. Never mind." Joe Conason has this essay online at Salon.com. Posted at 11:55 PM by Howard Bashman "Supreme Court Refuses to Hear the Schiavo Case": This article will appear Friday in The New York Times. Friday's edition of The Washington Post will report that "Justices Decline Schiavo Case; Options Dwindle for Those Trying to Keep Florida Woman Alive." And David G. Savage of The Los Angeles Times has a news update headlined "Parents Didn't Prove Their Case; The inability to show that their daughter's rights had been violated doomed their effort." "Barnes Foundation: Money could run out unless appeal is heard quickly." The Philadelphia Inquirer has posted online this news update, in which I am quoted. After the Superior Court of Pennsylvania on March 8, 2005 issued an order allowing this appeal to be heard on the merits, counsel for The Barnes Foundation was quoted here in The Inquirer as stating that "Nothing that has happened will affect the Barnes Foundation's ability to move forward." By contrast, today lawyers for The Barnes are telling Pennsylvania's highest court that unless the appeal is resolved immediately, The Barnes will face serious financial peril. Tomorrow I will post online electronic copies of the documents that The Barnes Foundation filed late today in the Supreme Court of Pennsylvania asking that court to assume jurisdiction over an appeal currently pending before one of Pennsylvania's intermediate appellate courts. Available online from law.com: An article reports that "Supreme Court Rejects Request to Reinsert Schiavo's Feeding Tube." In other news, "N.Y. Panel Defines 911 Tapes as Admissible Evidence; No 'Crawford' support found for exclusion as testimonial." In news from Florida, "Judge Rules Morgan Stanley Helped Defraud Financier Perelman; In a pleading, Morgan Stanley said it has 'put Kirkland & Ellis on notice of a potential malpractice claim.'" And in news from Atlanta, "Georgia Sheriff: Deputy Was Qualified to Escort Nichols; Freeman expects to ask county for money to upgrade courthouse security in wake of fatalities." "Yahoo Lawyers Ask Court for Protection": David Kravets of The Associated Press provides this report on today's en banc oral argument in the U.S. Court of Appeals for the Ninth Circuit. And from law.com, Jeff Chorney reports that "Yahoo Case Tests Reach of Internet Law; 9th Circuit revisits dispute over Nazi memorabilia auctions." "High Court Rejects Schiavo Appeal": This evening's broadcast of the PBS program "The NewsHour with Jim Lehrer" included an interview (RealPlayer required) with Jan Crawford Greenburg of The Chicago Tribune. Posted at 10:10 PM by Howard Bashman "Fla. Court Won't Overturn Schiavo Decision": The Associated Press reports here that "The Florida Supreme Court on Thursday refused to overturn a judge's order blocking the state from taking temporary custody of Terri Schiavo, another setback in her parents' battle to keep their brain-damaged daughter alive." The order that the Supreme Court of Florida entered today can be accessed at this link. And other documents filed in that court pertaining to Terri Schiavo can be accessed via this link. "The Courts Push Back": CBS News legal analyst Andrew Cohen has this essay today. Posted at 07:22 PM by Howard Bashman "High Court Won't Intervene in Schiavo Case": This evening's broadcast of NPR's "All Things Considered" included this segment (RealPlayer required) featuring Nina Totenberg. Posted at 07:20 PM by Howard Bashman "Setting the Record Straight": Harold Johnson today has this essay about Justice Clarence Thomas online at FrontPageMagazine.com. Posted at 07:15 PM by Howard Bashman "Taking the Fifth: When journalists threaten our right to remain silent." Reason has today posted online this essay by Matt Welch. Posted at 07:14 PM by Howard Bashman "Nuclear Whiner: Bill Frist calls Democratic dissent on some judicial nominees 'unprecedented'; Look back a few years and you'll see that's simply not true." Law Professor Herman Schwartz has this essay online today at The American Prospect. And at Slate, Michael Crowley has an essay entitled "The Not-So-Fantastic Four: The demise of the Republican moderates." "The Terri Schiavo Case: Congress Rushes In Where Only Courts Should Tread." Elaine Cassel has this essay online at FindLaw today. And online at The Weekly Standard, Hugh Hewitt has an essay entitled "Runaway Judiciary: Congress is allowed to 'intervene and guide or control the exercise of the courts' discretion'--except when it comes to Terri Schiavo." "Schiavo parents back in federal court; Supreme Court, state judge deny appeals to resume feeding": CNN.com provides this report. Update: More details on Terri Schiavo's parents' return to the U.S. District Court for the Middle District of Florida can be accessed here at the "purportedly objective" blog "Abstract Appeal." "Jupiter couple won't lose home for having a flagpole, court rules": The South Florida Sun-Sentinel today contains this article reporting on a decision that Florida's Fourth District Court of Appeal issued yesterday. And The Palm Beach Post reports that "Court spares home in flag fight." "Judge's ruling puts heat on Morgan Stanley, law firm": This article appears today in The Wall Street Journal. The New York Post today contains an article headlined "Florida juice for Perelman." And The Palm Beach Post reports that "Judge rules banker knew of scheme by Sunbeam." Posted at 05:40 PM by Howard Bashman "Barnes seeks expedited action on planned move": The Philadelphia Business Journal offers a news update that begins, "The Barnes Foundation said Thursday it has asked the Supreme Court of Pennsylvania to expedite review of legal action that could threaten the organization's planned move into Philadelphia." Posted at 05:25 PM by Howard Bashman "Schiavo Legal Update": Today's broadcast of NPR's "Talk of the Nation" included this segment (RealPlayer required) featuring David G. Savage of The Los Angeles Times. Posted at 05:15 PM by Howard Bashman "Setting the Record Straight: A Brief Reply to the People for the American Way." The Committee for Justice has today issued this judicial filibuster-related news release. Posted at 05:11 PM by Howard Bashman "State Supreme Court refuses to hear challenge to stem cell research program; The action leaves unsettled California's authority to issue bonds for the $3 billion to pay for the plan voters approved": Bob Egelko has this article today in The San Francisco Chronicle. The Sacramento Bee reports today that "Stem cell cases put off; State Supreme Court rejects attempt to put suits on a fast track." And The Metropolitan News-Enterprise reports that "S.C. Rejects Bid to Block Implementation of Stem Cell Initiative." "Wash. Court Nixes Man's Defamation Claim": The Associated Press provides this report on a ruling (majority opinion; concurring opinion; opinion concurring in part and dissenting in result) that the Washington State Supreme Court issued today. The AP's report begins, "In a case that raised fears that courts would become 'super-editors,' the state Supreme Court ruled Thursday that a businessman cannot sue a TV reporter simply for omitting facts that might have made him look better in a critical story." "Court prevents release of most September 11 emergency calls; Privacy concerns outweigh public interest, judges rule": CNN.com provides this report on a ruling that the Court of Appeals of New York issued today in the case captioned In the Matter of the New York Times Company v. City of New York Fire Department. Posted at 03:34 PM by Howard Bashman "Fla. Judge Won't Hear Schiavo Arguments": The Associated Press reports here that a state court judge this afternoon has rejected Florida Governor Jeb Bush's attempt to have a state agency take custody of Terri Schiavo. The Orlando Sentinel provides a news update headlined "Courts refuse to intervene in Schiavo case; Supreme Court turns down Schiavo parents; State judge won't hear Bush request." And The Miami Herald provides a news update headlined "Supreme Court and state court rule against Schiavo's parents; Attorney: 'She's dying.'" Sometimes the fight over custody of a loved one extends past death: The San Francisco Chronicle today contains a front page article headlined "Burial-rights fight: Court sides with father in clash over where soldier will be laid to rest." The San Jose Mercury News reports that "Father wins right to bury son; Soldier's mom opposed move." And The Santa Cruz Sentinel reports that "Soldier's body heads to Tulsa; Freedom family loses court fight to bury son locally." "Stiffer sentence sought for Hale; U.S. prosecutors say plot to kill judge was a crime of terrorism": The Chicago Tribune today contains an article that begins, "White supremacist Matthew Hale, convicted last year of soliciting the murder of U.S. District Judge Joan Lefkow, should get a stiffened sentence because he committed a crime of terrorism, prosecutors argued Wednesday in a court filing two weeks before his sentencing." The Chicago Sun-Times today contains articles headlined "Hale could get 40 years in prison, prosecutors say" and "Bart Ross headed for pauper's burial." The latter article begins, "An international hunt for relatives of the man who killed U.S. District Judge Joan Lefkow's husband and mother before killing himself has failed to find anyone willing to claim his body." And The Milwaukee Journal Sentinel today contains an article headlined "Officer honored for finding killer of judge's family." The U.S. Court of Appeals for the Ninth Circuit today has rendered the federal Prison Litigation Reform Act of 1995's administrative remedies exhaustion requirement nearly toothless: Further exacerbating a preexisting circuit split, the Ninth Circuit today rejected the rulings of three other federal appellate courts which have held that an inmate's failure to timely exhaust administrative remedies, regardless of the merits of his grievance, bars the inmate from bringing a subsequent federal suit challenging prison conditions. Instead, as a result of today's ruling, in the Ninth Circuit a prisoner can sue in federal court, even if he failed to take advantage of available administrative remedies to redress his claim, so long as the time for taking advantage of those administrative remedies has passed. This issue is certainly deserving of U.S. Supreme Court review and is now quite likely to receive it. Ralph Howard Blakely -- victorious in Blakely v. Washington -- may now get to spend the rest of his life in prison: The Columbia Basin Herald yesterday contained an article headlined "Blakely gets 35 years; Man convicted in murder-for-hire plot." Posted at 11:45 AM by Howard Bashman Access online today's U.S. Supreme Court order denying the stay request of Terri Schiavo's parents: The order can be viewed online at this link. Posted at 11:25 AM by Howard Bashman On today's broadcast of NPR's "Morning Edition": The broadcast contained segments entitled "Senators Clash over Filibuster Limits" and "Schiavo Parents Seek Supreme Court Intervention" (RealPlayer required). Posted at 11:15 AM by Howard Bashman "Issue 1 conflicts with domestic abuse law, judge says; Marriage amendment makes portion of law unconstitutional, he rules": The Cleveland Plain Dealer today contains an article that begins, "Ohio voters who approved a constitutional amendment last fall that denied legal recognition of unmarried and gay couples probably didn't envision the measure being successfully used as a defense in domestic violence cases." Posted at 11:04 AM by Howard Bashman BREAKING NEWS -- "Supreme Court Won't Hear Schiavo Case": Hope Yen of The Associated Press provides this report. At "SCOTUSblog," Lyle Denniston has a post titled "Court: no stay in Schiavo case." The U.S. Supreme Court's docket entries on the stay request can be accessed here. Four U.S. Senators join in amicus brief urging U.S. Supreme Court review in Terri Schiavo case: You can access the amicus brief -- filed by Majority Leader Bill Frist, M.D. (R-TN) and Senators Rick Santorum (R-PA), Mel Martinez (R-FL), and Sam Brownback (R-KS) -- at this link. Posted at 10:10 AM by Howard Bashman "Court to Hear Web Speech Censorship Case": David Kravets of The Associated Press provides this preview of a case that will be argued today before an eleven-judge en banc panel of the U.S. Court of Appeals for the Ninth Circuit. The case, Yahoo! Inc. v. La Ligue Contre Le Racisme Et L'Antisemitisme, presents the following questions: "Whether the federal district court has personal jurisdiction over defendants, French organizations in an action brought by Yahoo! seeking a declaratory judgment that orders issued by a French court were unenforceable? Whether the exercise of personal jurisdiction requires wrongful conduct by the defendant and whether the Supreme Court's 'express aiming' test may be met by a defendant's intentional targeting of actions at plaintiff in the forum state?" Coincidentally, the Ninth Circuit today is also hearing en banc reargument in United States v. Ameline, involving plain error review of sentences imposed under the federal sentencing guidelines. A list of the judges assigned to each of the en banc panels can be found on page two of this PDF document. Access online the emergency application for a stay that Terri Schiavo's parents filed late last night in the U.S. Supreme Court: The document is available online at this link. As in the Eleventh Circuit (see this earlier post for details), several Republican leaders from the U.S. House of Representatives have filed a document in support of the parents' request for relief. "Bloggers have rights too": U.S. Representative John Conyers, Jr. (D-MI) has this essay today at c|net News.Com. Posted at 08:17 AM by Howard Bashman "The All-Time Gag Order": The New York Times contains this editorial today. Posted at 07:25 AM by Howard Bashman "Chief in a Hurry: New Homeland Security chief Michael Chertoff is trying to rapidly change the way America guards against terrorism." This article is available online from Time magazine. Posted at 07:24 AM by Howard Bashman "Schiavo's Parents Appeal to the Supreme Court on Feeding Tube": The New York Times contains this article today, along with Adam Liptak's news analysis headlined "Schiavo Lesson on Judiciary Trump Card." The Los Angeles Times contains articles headlined "Parents Take Schiavo Case to High Court; Without nutrition, their daughter won't 'be with us much longer,' father says in emergency plea; Florida's Gov. Bush asks for state to take custody" and "Narrower Interpretations Have Hurt Parents' Case." A related editorial is entitled "Rehnquist's Test." In The New York Sun, Luiza Ch. Savage reports that "Custody Battle Erupts Over a Dying Schiavo." The Washington Times reports that "Schiavo's parents appeal to Supreme Court." The St. Petersburg Times reports that "Schiavo case heads to U.S. Supreme Court; As Terri Schiavo spends a sixth day without food or water, options to reinsert her tube are denied; 'It's getting very, very down to the wire,' an attorney says." The Tampa Tribune reports that "Judicial And Executive Branches Wrangle Over New Medical Opinion." The Miami Herald contains articles headlined "One last hope for parents; Legal and legislative setbacks left the parents of Terri Schiavo hoping for intervention by the U.S. Supreme Court" and "Husband, in-laws once were united in caring for Terri; Before the fighting, Michael Schiavo and his in-laws cared for Terri Schiavo together; The Schindlers urged him to date, and later agreed on the extent of her damage." And The Orlando Sentinel reports that "High court gets Schiavo plea; Parents ask justices to intervene in case" and "State Senate rejects bill to reinsert feeding tube; After a 21-18 count, 'the process is exhausted,' Senate President Tom Lee says." "Trucker spared death — for now; Jury finds him guilty of lesser counts; a mistrial is declared on the 20 tougher ones": This article appears today in The Houston Chronicle, along with an article headlined "Proving intent proves difficult in death penalty cases; Prosecutors in Tyrone Williams' smuggling case faced an uphill fight, experts say." The Dallas Morning News reports today that "Truck driver avoids death penalty; He's convicted of transporting, but jury deadlocks on conspiracy." And The New York Times reports that "Truck Driver Spared Death in Smuggling of Immigrants." Wednesday, March 23, 2005 Access online the federal court complaint in Agence France Presse v. Google Inc.: The complaint can be viewed at this link (via "Technology & Marketing Law Blog"). Posted at 11:50 PM by Howard Bashman In Thursday's issue of The Washington Post: The newspaper will contain front page articles headlined "Gov. Bush Seeks Custody of Schiavo; Options Narrow As 3 More Courts Rule Against Fla. Woman's Parents" and "Conservative Groups' Support Steady." Meanwhile, in other news, "Media Groups Back Reporters In Court Filing; Judges Urged to Determine if Crime Occurred in Leak Case." In Thursday's edition of The New York Times: An article will report that "Florida Governor Wins a New Hearing in Schiavo Case." Neil A. Lewis reports that "Guantanamo Detainees Make Their Case." And in other news, "Apple's Legal Drive to Stifle Web Sites Is Fruitless So Far." BREAKING NEWS -- "Schiavo's Parents Appeal to Supreme Court": Hope Yen of The Associated Press provides this report. At "SCOTUSblog," Lyle Denniston has a post titled "Family asks Court to act in Schiavo case." Lyle characterizes the filing as "a hastily crafted emergency stay request, bearing some out-of-date language merely copied from earlier filings in the Court." Just be Koz: Tonight C-SPAN2 is broadcasting Ninth Circuit Judge Alex Kozinski's appearance on the "Students & Leaders" series. By clicking here, you can view online, on demand Judge Kozinski's speech, followed by a question and answer session. Update: Nearly midway through the broadcast, after responding to many questions involving controversial legal matters posed by his high school student audience, Judge Kozinski finally refuses to respond to a question. Ironically, the question Judge Kozinski refused to answer asked his views about the trial of this guy. Available online from law.com: Jonathan Ringel reports that "11th Circuit Response to Schiavo Dispute Reminiscent of Elian Gonzalez Case; Judges Wilson, Tjoflat dissent from full court rejection." Tony Mauro reports on "Homing In on High Court Hotspots." And in other news, "9th Circuit Defines 'Extraordinary' Executive Pay." Law Professors Bruce Ackerman and John C. Eastman debate judicial filibusters on "Radio Times with Marty Moss-Coane": You can listen to today's broadcast by clicking here (RealPlayer required). The program runs fifty-two minutes. National Public Radio's "Taking Issue" hosts a written debate on the subject of judicial filibusters. Law Professor Douglas W. Kmiec has an essay entitled "Advice and Consent, Not Obstruction." And Professor of Political Science Ross K. Baker has an essay entitled "In Defense of the Filibuster." The Arkansas Democrat-Gazette today contains an editorial entitled "Political dosie-do: Of life, death and filibusters." In this week's issue of National Journal, Stuart Taylor Jr. has an essay entitled "Moderate Republicans Should Not Go 'Nuclear' -- Yet." The Florida Times-Union of Jacksonville today contains an editorial entitled "Judiciary: Compromise needed." In The Cavalier Daily, Sophia Brumby has an op-ed entitled "Resisting radicalism." Finally, The Michigan Tech Lode today contains an op-ed by Ray Molzon entitled "Filibustering the filibusters." "Journalist discusses potential jail time": The Yale Daily News today contains an article that begins, "Time Magazine's White House correspondent Matt Cooper said he is still trying to find the right words to explain to his six-year-old son that 'daddy might not be coming home for a while.'" Posted at 09:28 PM by Howard Bashman "Full Court Rejects Schiavo Parents' Appeal": This evening's broadcast of NPR's "All Things Considered" included this segment (RealPlayer required). Posted at 09:22 PM by Howard Bashman "Son of Ex-Assistant Sheriff Convicted in Orange County Sexual Assault Case": The Los Angeles Times provides a news update that begins, "The son of a wealthy Orange County sheriff's official and two other young men who filmed themselves having sex with a teenager were convicted of sexual assault today by a jury that heard evidence that the girl was too drunk to consent." And The Orange County Register provides a news update headlined "3 guilty in videotaped sex assault; Haidl, Spann and Nachreiner face anything from probation to 14 to 18 years in prison." Terri Schiavo's parents intend to seek U.S. Supreme Court review tomorrow: That's what The Associated Press reports in an article headlined "Schiavo's Parents Suffer More Setbacks." Posted at 09:15 PM by Howard Bashman The Knight Ridder Newspapers are reporting: An article headlined "Appeals court rejects efforts to have Schiavo's tube reinserted" begins, "The battle over Terri Schiavo appeared to be entering its final stages Wednesday as a U.S. appeals court refused twice to order her feeding tube restored and a Florida judge issued an emergency order barring state officials from taking the brain-damaged woman into protective custody." And in related news, "Schiavo case heats up Senate's brewing conflict over judicial nominations." "Schwarzenegger Remains Defendant in Libel Case": The Los Angeles Times provides this news update. Posted at 07:50 PM by Howard Bashman "State officials may place Schiavo under protective custody": The Miami Herald provides this news update. And The Orlando Sentinel offers a news update headlined "Gov. Bush: DCF may intervene." You can access at this link the pleading that Florida's Department of Children and Families filed today in a state trial court. Yet this effort also appears to have failed, at least initially. According to the web site of The St. Petersburg Times, late today "Pinellas-Pasco Judge George Greer rebuffed Jeb Bush's attempt to take custody of Terri Schiavo." "Trucker found guilty, may avoid death penalty": The Houston Chronicle provides a news update that begins, "A federal judge today declared a mistrial in 20 of the counts against truck driver Tyrone Williams and said she believes jurors 'have taken the death penalty off the table' while convicting him of the other counts." Posted at 06:08 PM by Howard Bashman "Bad Brains: How the Supreme Court's teen execution decision proves too much." Ronald Bailey today has this essay online at Reason. Posted at 05:55 PM by Howard Bashman "Court: SEC can hold pay; Fraud probes warrant putting bonuses in escrow." Today in The San Francisco Chronicle, Bob Egelko has this article reporting on a decision that an eleven-judge en banc panel of the U.S. Court of Appeals for the Ninth Circuit issued yesterday in a case involving Gemstar-TV Guide. Posted at 05:54 PM by Howard Bashman "Till Death--or Tom DeLay--Do Us Part: The 'sanctity of marriage' is suddenly negotiable." Slate has just posted online this jurisprudence essay by Dahlia Lithwick. Posted at 05:15 PM by Howard Bashman "Florida Senate Rejects Schiavo Bill": The Associated Press reports here that "The Florida Senate rejected a bill Wednesday to keep Terri Schiavo alive, turning back an attempt to resolve the contentious end-of-life debate with a state law, as legislators did in 2003." Posted at 05:07 PM by Howard Bashman Now the only remaining federal court hope for Terri Schiavo's parents rests with the Supreme Court of the United States: Justice Anthony M. Kennedy serves as the Circuit Justice for the Eleventh Circuit, and thus any request for an emergency stay would first be directed to him. Typically, if the Circuit Justice decides that a stay should be denied, he will refer it to the full Court for review before an order denying relief is entered. For Justice Kennedy to grant an emergency stay, he will have to conclude both that the case is likely to be granted review on the merits (which requires the votes of four Justices) and that the result on the merits is likely to be in favor of Terri Schiavo's parents (which requires the votes of five Justices). The parents can ask both for an emergency stay from Justice Kennedy and, separately, for review from the full court by means of a petition for writ of certiorari. The denial of a stay does not automatically operate to deny the cert. petition, but it is a sure sign that the cert. petition is not likely to be granted. BREAKING NEWS -- U.S. Court of Appeals for the Eleventh Circuit rejects Terri Schiavo's parents' request for rehearing en banc: The Associated Press reports here that the vote on the petition for rehearing en banc was 10-2 against granting rehearing. The Court's order denying rehearing en banc can be accessed here via the Eleventh Circuit's web site or here, where I have posted it as a backup. One point from The AP's report deserves clarification. Two Eleventh Circuit judges -- Gerald Bard Tjoflat and Charles R. Wilson -- have expressly noted their dissent from the denial of rehearing en banc. Up to four other judges on the Eleventh Circuit could have voted in favor of granting rehearing en banc but then have chosen not to have their dissents noted from the denial thereof. U.S. House Republican leaders seek to assist the U.S. Court of Appeals for the Eleventh Circuit by telling that court what the federal legislation in the Terri Schiavo matter was intended to accomplish: I'm sure that the judges on the Eleventh Circuit won't find this appellate court filing insulting in the least or to constitute little more than political grandstanding. Posted at 03:20 PM by Howard Bashman "Terry Schiavo Case Provokes Blogging Storm": The Associated Press provides this report. The Los Angeles Times today contains a similar article. Posted at 03:15 PM by Howard Bashman "Travesty Time, Again: In its death-penalty decision, the Supreme Court hits a new low." Robert H. Bork has this essay today at National Review Online. Posted at 03:05 PM by Howard Bashman "Rehearing plea in Schiavo case": Online at "SCOTUSblog," Lyle Denniston provides this report. Posted at 03:02 PM by Howard Bashman Attorneys for Terri Schiavo's parents had obtained a two-hour extension of the 10 a.m. deadline for seeking rehearing en banc in the U.S. Court of Appeals for the Eleventh Circuit: So advises a reader who, for his day job, reports on the Eleventh Circuit. That answers the question that I raised at the end of this post from earlier this afternoon. Posted at 02:45 PM by Howard Bashman Access online the federal government's Statement of Interest filed in the U.S. Court of Appeals for the Eleventh Circuit in the Terri Schiavo litigation: A copy of the Statement of Interest is available online at this link. Posted at 02:44 PM by Howard Bashman "Fulton likely site for Nichols trial; DA also raises questions about courthouse safety": The Atlanta Journal-Constitution today contains an article that begins, "Fulton County District Attorney Paul Howard expects Brian Nichols to be tried in Fulton County in the shooting deaths of a judge, a court reporter, a sheriff's deputy and a federal agent." Posted at 02:15 PM by Howard Bashman "Appeals Court Rules Against Schiavo Parents": Today's broadcast of NPR's "Morning Edition" included this segment (RealPlayer required). Posted at 02:04 PM by Howard Bashman "Running Out Of Time, Options": CBS News legal analyst Andrew Cohen today has this essay relating to the Terri Schiavo case. Posted at 02:00 PM by Howard Bashman Federal government's Statement of Interest filed in the federal Terri Schiavo litigation: Many readers have emailed to ask whether I found online anywhere the federal government's Statement of Interest filed in the U.S. Court of Appeals for the Eleventh Circuit. While I have not, the federal government's Statement of Interest filed in the U.S. District Court for the Middle District of Florida can be accessed here. Presumably the federal government's interest didn't change much over the course of one day as the case moved from a federal district court to a federal appellate court. Posted at 01:55 PM by Howard Bashman "Schiavo Parents Seek Review of Ruling": The Associated Press reports here that Terri Schiavo's parents are seeking rehearing of their appeal before the full U.S. Court of Appeals for the Eleventh Circuit. And CNN.com reports that "Schiavo's parents urge full appeals court to act; Schindlers also asking Florida legislators to pass new law." There are twelve judges in active service on the Eleventh Circuit. For rehearing en banc to be granted, a majority of seven judges must vote in favor. Three of those twelve judges participated in the panel's decision, voting 2-1 against the parents' appeal. Of the remaining nine, six must vote with the dissenter for rehearing en banc to be granted. Or, stated another way, if four or more other judges on the court agree with the panel majority or otherwise find the case unworthy of en banc consideration, the request for rehearing en banc will be denied. My suspicion is that rehearing en banc will be denied, and quickly. Because the panel's ruling set a 10 a.m. deadline for rehearing petitions, I wonder why we haven't heard until now that the parents have filed for rehearing. In other words, if the rehearing petition was timely-filed, it would have been filed nearly four hours ago. "Wisconsin high school violating student’s constitutional rights; Becket Fund lawyers say 'God bless America' protected by First Amendment": A news release issued today begins, "The Becket Fund for Religious Liberty notified Wisconsin’s Fond du Lac High School today that it has violated a student's constitutional rights by denying him the right to close an announcement with 'God bless America.'" You can access at this link the letter that The Becket Fund sent today to the principal of Fond du Lac High School. Posted at 11:44 AM by Howard Bashman "News Agency Sues Google, Testing Fair Use": The AP provides this report. And The Wall Street Journal today contains an article headlined "A Mixed Blessing: News Portals Like Google News and Topix Attract the Masses, But Irk Some Editors." Posted at 11:40 AM by Howard Bashman "Jeb Bush Renews Call to Help Schiavo": The Associated Press provides this updated report. Posted at 11:09 AM by Howard Bashman "N.D. Restriction on Judicial Speech Denied": The Associated Press provides this report. And The Forum of Fargo, North Dakota reports today that "Judge strikes down judicial canon." You can access Monday's ruling of the U.S. District Court for the District of North Dakota at this link. "Federalism Has a Right to Life, Too": Law Professor Charles Fried has this op-ed today in The New York Times. And at National Review Online, Andrew C. McCarthy has an essay entitled "Another Loss, But a Glimmer of Hope; A divided Eleventh Circuit panel declines to reinsert the feeding tube." "EFF appeals Apple fan site ruling": c|net News.Com has the latest in the Apple Computer vs. bloggers litigation. Posted at 10:40 AM by Howard Bashman Mistrial declared because federal court jury in Connecticut was too afraid to do its job: The Connecticut Post today contains an article headlined "Mistrial declared as jury asks out; 8-member panel dismissed after fearing for safety" that begins, "Members of a federal jury, fearing for their own safety, begged out of hearing any more evidence in a civil suit involving the bloody assault of a suspected prison snitch by a reputed member of the Terminators gang." Posted at 10:30 AM by Howard Bashman Which of the two judges in the majority wrote the Eleventh Circuit's per curiam opinion rejecting the appeal filed by Terri Schiavo's parents? Because the opinion is "per curiam" (Latin for "by the Court"), the answer to this question may never be definitively known. Nevertheless, those of us who are familiar with the writing styles of the two judges in the majority have little difficulty recognizing which of those two judges is responsible for the vast bulk of that opinion. I previously linked here to the biographical information of the three judges on the panel. Posted at 10:10 AM by Howard Bashman "Prosecutors Want Moussaoui Trial in October": This article appears today in The Washington Post. You can access at this link the motion that federal prosecutors filed yesterday in the U.S. District Court for the Eastern District of Virginia. Posted at 09:25 AM by Howard Bashman The Eleventh Circuit's web site is being inundated by those seeking access to that court's ruling rejecting the appeal by Terri Schiavo's parents: I have posted a backup copy of that ruling at this link. My analysis of that decision, which I posted online within a half hour of the decision's issuance at 2:32 a.m. eastern time today, can be accessed here. "Lefkow killer's suicide note reveals his hatred, plotting": This article appears today in The Chicago Tribune. Posted at 09:08 AM by Howard Bashman "High court case combines celebrity and free speech; Man fights order banning him from talking about lawyer Johnnie Cochran": Gail Gibson has this article today in The Baltimore Sun. In The Pittsburgh Post-Gazette, Michael McGough reports that "Gag order on Cochran critic weighed; Justices dubious about extortion claim." Online at the First Amendment Center, Tony Mauro reports that "High court appears unsympathetic to famed attorney's plight." In The Los Angeles Times, David G. Savage has articles headlined "Cities Get Break on Permitting of Cell Towers; The Supreme Court also restores an Orange County killer's death sentence and backs up Simi Valley police in an excessive-force case" and "Justices Are Asked to Reject POWs' Case Against Iraq; The White House says the suit stemming from the 1991 war would undermine rebuilding." The Washington Times reports that "Christian convert denied reversal of death sentence." And in The San Francisco Chronicle, Bob Egelko reports that "U.S. Supreme Court reinstates sentence of Death Row inmate." In the article, Egelko writes that "Justice Charles Breyer cast the decisive fifth vote." That no doubt must come as a surprise to U.S. District Judge Charles R. Breyer. "Support falters for the 'nuclear option'": The Washington Times today contains an article that begins, "Senate Majority Leader Bill Frist does not have firm support among his caucus to employ the so-called 'nuclear option' for dislodging the Democratic filibusters against President Bush's judicial nominees." Posted at 07:30 AM by Howard Bashman "Appeals Court Refuses to Order Schiavo's Feeding Reinstated": The New York Times provides this news update. The Los Angeles Times reports today that "Parents Lose Appeal in Schiavo Case; In a 2-1 ruling, a federal panel refuses to order the woman's feeding tube reinserted; The Schindlers are likely to turn to Supreme Court." USA Today reports that "Appeals court refuses to step in; Turns down plea from Terri Schiavo's parents to restore her feeding tube." And the latest report from The Associated Press is headlined "Reinsertion of Schiavo Feeding Tube Denied." BREAKING NEWS -- "Schiavo Appeal to Reconnected Tube Denied": The Associated Press provides this report. You can access this morning's 2-1 ruling of the U.S. Court of Appeals for the Eleventh Circuit at this link. The composition of the three-judge panel was what I anticipated it would be in this earlier post. Circuit Judges Ed Carnes and Frank M. Hull joined in the majority per curiam opinion. Circuit Judge Charles R. Wilson "strongly" dissented. In a key paragraph, the majority opinion states: For the reasons explained in the district court's opinion, we agree that the plaintiffs have failed to demonstrate a substantial case on the merits of any of their claims. We also conclude that the district court's carefully thought-out decision to deny temporary relief in these circumstances is not an abuse of discretion.The majority also finds significant the particular noteworthy change made to the federal bill that I focused on in this earlier post. Whether you agree or disagree with the Eleventh Circuit's ruling, that court certainly deserves much praise for resolving the appeal in a very expeditious manner. Although it is easy to succumb to overstatement at this especially early hour of the morning, the best hope that Terri Schiavo's parents had for a ruling in their favor rested with the Eleventh Circuit. The odds that Circuit Justice Anthony M. Kennedy or a majority on the U.S. Supreme Court will rule in the parents' favor -- in disagreement with the rulings of the two lower courts -- are very slender indeed. The majority opinion concludes with the following paragraph: There is no denying the absolute tragedy that has befallen Mrs. Schiavo. We all have our own family, our own loved ones, and our own children. However, we are called upon to make a collective, objective decision concerning a question of law. In the end, and no matter how much we wish Mrs. Schiavo had never suffered such a horrible accident, we are a nation of laws, and if we are to continue to be so, the pre-existing and well-established federal law governing injunctions as well as Pub. L. No. 109-3 must be applied to her case. While the position of our dissenting colleague has emotional appeal, we as judges must decide this case on the law.The majority opinion's concluding footnote imposes a 10 a.m. deadline for any petition for rehearing or rehearing en banc. I will provide additional coverage of this matter a bit later this morning. Posted at 02:57 AM by Howard Bashman Tuesday, March 22, 2005 "Lawyer: Schiavo Ruling Expected Soon." According to this recently updated report from The Associated Press, "The appeals court didn't indicate when it might rule, but George Felos, the attorney for Terri's husband, Michael Schiavo, told the Associated Press that he expected a decision before daybreak Wednesday." Fortunately, "How Appealing" central command never sleeps. Posted at 11:59 PM by Howard Bashman "Transfer of Guantanamo Detainees on Hold; Federal Judge Considers Authority of Courts, Need to Notify Lawyers": This article will appear Wednesday in The Washington Post. Posted at 11:45 PM by Howard Bashman The Associated Press is reporting: An article reports that "Appeal Filed in Apple Trade Secrets Suit." In news relating to a case that the U.S. Supreme Court has previously considered on the merits, "Jury Rejects Ex-Police Dispatcher's Claim." And in other news, "Court Backs Law Requiring DNA Submissions." "Civil rights concerns doom House measure; Bill would let police arrest those who withhold name": This article will appear Wednesday in The Baltimore Sun. Posted at 11:25 PM by Howard Bashman In judicial filibuster-related commentary: Today in The Washington Times, Bruce Fein has an op-ed entitled "Jaded political benchmarks," while George Allen has an op-ed entitled "Call Senate Democrats' bluff." And The Albany (Ore.) Democrat-Herald yesterday contained an editorial entitled "Judges' issue is worth big fight." In Wednesday's edition of The Hill: An article will report that "Schiavo intervention ends." And in other news, "Unlikely alliances forged for Hollywood v. Silicon Valley." "Abrams Files Appeal for Cooper and Miller in Plame Case": Editor & Publisher reports here that "Attorney Floyd Abrams, who is representing Judith Miller of The New York Times and Matthew Cooper of Time magazine in the Valerie Plame case, will seek a re-hearing of an appeals court ruling last month that upheld an order for the two reporters to be jailed if they continue refusing to disclose sources in the case." Thanks to "Blue Mass. Group" for the pointer. Posted at 11:08 PM by Howard Bashman "Three reversals for the Ninth Circuit": Lyle Denniston has this report online at "SCOTUSblog," and links to the decisions can be found in this (arguably non-backdated) post from Marty Lederman. Of course, thanks to law.com, you can confirm that this isn't the first time the "High Court Reverses 9th Circuit Three Times in One Day." Indeed, because only two of today's reversals were via unanimous judgments, and none were "summary reversals," today doesn't even qualify as a bad day at the office for the Ninth Circuit. Available online at law.com: An article reports that "Supreme Court Asked to Weigh In on Minors' Access to Abortions; Minors in Idaho may obtain abortion without parental or judicial consent only in cases of 'medical emergency.'" And Shannon P. Duffy reports that "3rd Circuit Upholds DNA Testing of Felons, Cites Need for Database." In Wednesday's edition of The New York Times: Tomorrow's newspaper will contain an article headlined "Casting Angry Eye on Courts, Conservatives Prime for Bench-Clearing Brawl in Congress." And in other news, "Schiavo's Parents Appeal After Judge Declines to Order Feeding" and "G.O.P. Right Is Splintered on Schiavo Intervention." "Librarian Sues Harvard Over 'Pretty' Bias": The Associated Press provides this report. The Boston Globe reports today that "Harvard discrimination trial begins; Assistant librarian brings forward race, gender suit." And on Sunday, The Boston Herald reported that "Summers off hook for suit alleging Harvard sex bias." No sour grapes here: Today in The San Francisco Chronicle, Bob Egelko reports that "Napa Valley Vintners win another round on labeling." The Napa Valley Register reports that "High Court rejects challenge to wine labeling." And The Modesto Bee reports that "Supreme Court turns down Bronco." Some information about the U.S. Court of Appeals for the Eleventh Circuit, where Terri Schiavo's parents' appeal is pending: The Associated Press offers this "Inside Look at Federal Appeals Court." My personal opinion is that this is a top-notch court, and that's not just because "How Appealing" is quite popular among the court's judges and law clerks. The Eleventh Circuit is also a very conservative court, generally speaking. The Eleventh Circuit's official web site can be accessed here. The web site offers biographies of the court's judges and a little background about the court, which came into being in 1981 when the U.S. Court of Appeals for the Fifth Circuit was split. You can't call yourself an expert on the Eleventh Circuit unless you know that Circuit Judge Frank M. Hull is a woman. Yesterday, a three-judge Eleventh Circuit panel resolved an earlier appeal in the Terri Schiavo case, and that three judge panel consisted of Circuit Judges Ed Carnes, Frank M. Hull, and Charles R. Wilson. There's a fair possibility that the current appeal could be before this very same panel as a related case. Two Eleventh Circuit judges in regular active service participated in this blog's "20 questions for the appellate judge" feature. You can access my interviews with Gerald Bard Tjoflat and Stanley F. Birch, Jr. by clicking on each judge's name. Available online from Knight Ridder Newspapers: Stephen Henderson reports that "With no federal issue at stake, judge rules against Schiavo's parents." And via The Miami Herald, "Schiavo's parents urge appeals court to act." Access online the amended federal court complaint filed in the U.S. District Court for the Middle District of Florida today by Terri Schiavo's parents: You can access the amended complaint at this link. The parents filed this amended complaint after the trial court, early this morning, issued a ruling denying their request for a temporary restraining order. Posted at 07:45 PM by Howard Bashman National Public Radio reports on the appeal pending in the Terri Schiavo case: You can access online audio segments titled "Schiavo Case Moves to U.S. Appeals Court"; "Schiavo Update: Parents Appeal Fed Court Ruling"; and "Legal Analysis: the Terri Schiavo Case." Posted at 07:40 PM by Howard Bashman "Ducking Tough Questions: The federal court declines to reinsert Terri Schiavo's feeding tube." Andrew C. McCarthy has this essay at National Review Online. Posted at 07:35 PM by Howard Bashman In Wednesday's edition of The Christian Science Monitor: Warren Richey and Linda Feldmann will have an article headlined "Who speaks for Terri Schiavo? Appeals are under way after a judge refused early Tuesday to reinstall a feeding tube, in a case with broad legal implications." And in other news, "Lawsuit over an embryo fuels debate on when life begins; An Illinois judge allows a wrongful-death suit involving a 'pre-embryo' to go forward, deepening a moral divide." Don't defame Johnnie Cochran, or else: NPR's Nina Totenberg today both previewed and recounted what transpired at one of the cases argued today at the U.S. Supreme Court. Those desiring even more coverage of this interesting case will be pleased to learn that NPR's "Day to Day" program today contained a segment entitled "Slate's Jurisprudence: Free Speech vs. Defamation." RealPlayer is required to launch these audio segments. "Schiavo Ruling No Surprise": CBS News legal analyst Andrew Cohen has this essay today. Posted at 07:15 PM by Howard Bashman In re: today's visit to Washington, DC. After I completed the work that brought me to the Nation's capital today, I had the pleasure of visiting briefly with a friend who is clerking for a judge on the U.S. Court of Appeals for the D.C. Circuit. Not only did I also have the unexpected pleasure of getting to speak for a few moments with that judge, whose work I greatly admire, but before my visit concluded almost a dozen other law clerks from that court stopped by to say hello. Happily, in April or May of this year, I will be making a return visit to the D.C. Circuit as a participant in the speakers' program that the court's law clerks have organized. Posted at 07:02 PM by Howard Bashman "Lawyers seek plea deal in teacher sex case; Faced with a potential media circus, the lawyers agree that it might be best for all parties involved - especially the teenage boy - to avoid a trial": The St. Petersburg Times contains this article today. And The Tampa Tribune reports that "Lafave May Negotiate Plea Deal." Posted at 07:00 PM by Howard Bashman "Unocal Settles Human Rights Lawsuit Over Alleged Abuses at Myanmar Pipeline; A deal ends a landmark case brought by villagers who said soldiers committed atrocities": This article appears today in The Los Angeles Times. And BBC News reports that "Unocal pays out on Burma 'abuses'; US oil giant Unocal has agreed to compensate Burmese villagers over alleged abuses committed during the construction of a gas pipeline." "Schiavo's Parents Beg Court to Act Quickly": The Associated Press provides this report, while The AP's Hope Yen reports that "High Court's Right-To-Die Rulings Are Thin." The Atlanta Journal-Constitution reports that "Schiavo's parents appeal to Atlanta court" and "Protesters criticize judge's ruling." The New York Times reports that "Schiavo's Parents Appeal Ruling on Feeding Tube." The Washington Post reports that "Judge Refuses to Intervene in Schiavo Case; Federal Judge Declines to Order Reinsertion of Feeding Tube." The Los Angeles Times reports that "Terri Schiavo's Parents Appeal Federal Ruling." And Reuters reports that "Schiavo Case Casts Spotlight on Oregon Suicide Law." Programming note: My day job requires my presence in Washington, DC. Additional updates will appear online here later today. Posted at 07:20 AM by Howard Bashman "Will Republicans Go Nuclear?" E.J. Dionne Jr. has this op-ed today in The Washington Post. Posted at 07:05 AM by Howard Bashman BREAKING NEWS -- Access online the ruling of the U.S. District Court for the Middle District of Florida denying a temporary restraining order in the Terri Schiavo case: I have uploaded a copy of this morning's ruling, and you can access it online by clicking here. Update: The decision is also available online here via the federal district court's web site. BREAKING NEWS -- "Judge Won't Order Feeding Tube Reinsertion": The Associated Press reports here that "A federal judge on Tuesday refused to order the reinsertion of Terri Schiavo's feeding tube, denying an emergency request from the brain-damaged woman's parents." A copy of the brief filed on Terri Schiavo's husband's behalf, opposing Terri's parents' request for a temporary restraining order, can be viewed at this link. Earlier, in today's edition of The New York Times, Adam Liptak has a news analysis headlined "Small Law, Big Implications." In news from the Supreme Court of the United States: Today in The New York Times, Linda Greenhouse has articles headlined "After 5 Months' Absence, Rehnquist Is Back in Court"; "Justices Hear Debate on Whether Police Must Intervene"; and "Inmates Who Follow Satanism and Wicca Find Unlikely Ally." In The Los Angeles Times, David G. Savage reports that "Ailing Rehnquist Rejoins Colleagues on the Bench" and "Justices Wary of Suing Police for Inaction; Supreme Court hears arguments in a case over the failure to respond when a mother reported her children missing." And in other coverage, "Court Denies Moussaoui Access to Alleged Al Qaeda Figures; The Sept. 11 suspect sought to question men in U.S. custody as possible witnesses; Rejection of appeal puts his trial back on track"; "High Court Turns Away Philip Morris; A smoker in Glendale who developed cancer is set to collect more than $16 million in damages;" and "Supreme Court Won't Hear Wine Dispute; An effort by the maker of 'Two Buck Chuck' to keep the word 'Napa' on some of its other brands' labels is rebuffed." In USA Today, Joan Biskupic reports that "Rehnquist active participant on 1st day back; Chief justice returns to bench after months away treating cancer" and "Justices skeptical of argument on restraining orders." The Washington Times reports that "Chief justice returns to court" and "Justices spurn Moussaoui plea." The Baltimore Sun reports that "Rehnquist returns to bench after absence of five months; Chief justice undergoing thyroid cancer treatment." The Birmingham News reports that "High court refuses to hear Pryor case." The Denver Post reports that "Police immunity pursued; U.S. Supreme Court hears lawsuit against Castle Rock." The Rocky Mountain News reports that "Justices hear mom's suit; U.S. high court poses tough questions in case against Castle Rock cops." And in The San Francisco Chronicle, Bob Egelko reports that "Tobacco damages upheld; Philip Morris must pay $10.5 million." Monday, March 21, 2005 "Law for Schiavo unusual, but not necessarily unconstitutional": Jan Crawford Greenburg will have this article Tuesday in The Chicago Tribune. Posted at 11:24 PM by Howard Bashman "Judging the Court: Looking back at the Rehnquist Court." This event featuring an all-star line-up is scheduled to take place in Philadelphia at the National Constitution Center on April 27, 2005. Posted at 11:20 PM by Howard Bashman "Dispute over Schiavo still in limbo as judge adjourns without ruling": This article will appear Tuesday in The Orlando Sentinel. Posted at 11:05 PM by Howard Bashman In Tuesday's edition of The Washington Post: Charles Lane will have articles headlined "Rehnquist Returns to the Bench; Thyroid Cancer Kept Chief Justice Away for Five Months" and "Court Declines To Wade Into Battle on Judge." Meanwhile, in related news, "High Court Declines To Hear Terror Case; Moussaoui Loses on Witness Access." "A public prayer case -- on hold": Lyle Denniston has this post online at "SCOTUSblog" concerning a case from South Carolina that I have previously reported on from time to time. Posted at 10:55 PM by Howard Bashman Access online the debate over judicial filibusters that aired on Sunday morning's broadcast of C-SPAN's "Washington Journal": Participating in the discussion were Elliot Mincberg of People For the American Way and Manuel Miranda of Coalition for a Fair Judiciary. You can view the debate online, on demand by clicking here (RealPlayer required). Posted at 10:35 PM by Howard Bashman "Legal Experts Say Parents Are Unlikely To Prevail": Dana Milbank will have this front page article Tuesday in The Washington Post. Posted at 10:30 PM by Howard Bashman "U.S. Court Begins Consideration of Schiavo Case": This article will appear Tuesday in The New York Times. Posted at 10:25 PM by Howard Bashman "US waits as federal judge mulls fate of comatose woman": Tuesday's edition of The Independent (UK) contains this article. Posted at 10:24 PM by Howard Bashman On this evening's broadcast of the PBS program "The NewsHour with Jim Lehrer": In a segment whose audio you can access here (RealPlayer required), Jan Crawford Greenburg of The Chicago Tribune reports on today's U.S. Supreme Court oral argument in the case involving the enforcement of a restraining order. Jan also discussed the return of Chief Justice William H. Rehnquist to the bench. Another segment, meanwhile, focused on "The Case of Terri Schiavo" (link to transcript, which provides link to RealAudio). "Justices hear case on protecting inmates' religious freedom": The Associated Press provides this report. Posted at 08:54 PM by Howard Bashman "Jury ends first day of deliberations in trucker's trial": The Houston Chronicle provides this news update. Posted at 08:50 PM by Howard Bashman "Rehnquist returns to bench for first time since disclosing illness": Stephen Henderson of Knight Ridder Newspapers provides this report. Posted at 08:12 PM by Howard Bashman If the U.S. Congress desired a more immediate ruling to reinstate the delivery of nutrition to Terri Schiavo, Congress has only itself to blame: Section 5 of the bill that passed the U.S. Senate on Thursday of last week stated: SEC. 5. STAY.That stay authorization provision was eliminated from the legislation that the House and Senate passed this weekend and President Bush signed into law early this morning. The provision of the new law that governs the granting of relief provides, in full: SEC. 3. RELIEF.This may explain why the federal district judge, instead of granting an immediate injunction, has taken the case under advisement to determine the merits of the suit. Or, perhaps the trial judge has decided to rule against the parents, in which case the judge might view an immediate ruling as less important than a well-reasoned one. Posted at 07:04 PM by Howard Bashman "Ailing Rehnquist Returns to Bench": Charles Lane of The Washington Post provides this news update. Posted at 05:58 PM by Howard Bashman "Judge Hears Schiavo Arguments, but Does Not Rule Yet": The New York Times provides this news update. And Reuters reports that "Federal Judge Weighs Florida Right-To-Die Case." Posted at 05:54 PM by Howard Bashman On this evening's broadcast of NPR's "All Things Considered": Nina Totenberg has a segment entitled "Rehnquist Returns to Supreme Court Bench." The broadcast contained several segments relating to the Terri Schiavo matter: "Federal Court to Rule on Terri Schiavo"; "The Constitution and Terri Schiavo"; "Schiavo's Previous Guardian"; and "Schiavo Case Tied to Politics and Morality." In addition, the broadcast contained a segment entitled "Death-Row Inmates Seek Low-IQ Exception." RealPlayer is required to launch these audio segments. "Woman's Case Against Police Heard": David G. Savage of The Los Angeles Times provides a news update that begins, "The Supreme Court gave a skeptical hearing today to a woman's claim that police can be sued if they fail to enforce a protective order designed to shield her and her children from her estranged husband." Posted at 05:40 PM by Howard Bashman "Court declines to intervene on judicial appointment that bypassed Senate; Judicial appointments made by Bush during congressional recess are controversial, but in this case the Supreme Court lets the practice stand": Warren Richey will have this article Tuesday in The Christian Science Monitor. Posted at 05:25 PM by Howard Bashman News updates available online via law.com: Tony Mauro reports that "Rehnquist Returns to Bench for Arguments" and "High Court Says No to Pryor Appointment Challenge." And in other news, "Justices Wary of Giving Protective Orders Constitutional Protection." "Activist Legislators: The boundless overreaching behind Congress' new Schiavo bill." Dahlia Lithwick has this essay online at Slate. Posted at 05:08 PM by Howard Bashman BREAKING NEWS -- Federal district judge in Terri Schiavo case refuses to announce immediate decision on temporary restraining order: So CBS Radio News is reporting. The trial judge has announced no timetable for a ruling. And The Associated Press reports that "Judge Won't Issue Decision on Schiavo Yet." "High Court Hears Restraining Order Case": The Associated Press provides this report on one of the cases argued today at the U.S. Supreme Court. Posted at 05:00 PM by Howard Bashman "Federal Judge Weighs Florida Right-To-Die Case": Reuters provides this report. Posted at 04:22 PM by Howard Bashman Access online the motion for a temporary restraining order that Terri Schiavo's parents filed this morning in the U.S. District Court for the Middle District of Florida: You can access the motion online at this link. In his order scheduling a hearing on the motion for 3 p.m. today, U.S. District Judge James D. Whittemore faulted the parents' lawyers for violating the local rule of procedure requiring that a memorandum of law accompany such a motion. According to the order, if such a memorandum of law was not filed by noon today, the trial court would have summarily denied the motion. "Schiavo Case Exposes Political Divide in U.S.": Reuters provides this report. Posted at 03:42 PM by Howard Bashman So you didn't get to see Chief Justice William H. Rehnquist today at the U.S. Supreme Court? Thanks to The Associated Press, you can at least see the Chief (here, here, and here) as he was walking from his home to the car that would take him to the Court. Posted at 03:38 PM by Howard Bashman "Slate's Jurisprudence: Law and Politics in Schiavo Case." Today's broadcast of NPR's "Day to Day" included this segment (RealPlayer required) featuring Dahlia Lithwick. Posted at 03:28 PM by Howard Bashman U.S. Supreme Court exhibits Pryor restraint: Bloomberg News reports that "Bush Judicial Appointment Survives Supreme Court Test." Posted at 03:20 PM by Howard Bashman "Supreme Court Declines Moussaoui Appeal": The Los Angeles Times provides this news update. Posted at 03:15 PM by Howard Bashman Divided three-judge Third Circuit panel rejects Fourth Amendment challenge to federal DNA Analysis Backlog Elimination Act, which mandates collection of DNA samples from prisoners, parolees, and individuals on probation and supervised release who have committed certain offenses: You can access today's ruling of the U.S. Court of Appeals for the Third Circuit at this link. Posted at 02:10 PM by Howard Bashman Access online the federal court complaint filed early this morning by Terri Schiavo's parents: Via FindLaw, you can access the complaint at this link. Meanwhile, Reuters reports that "Schiavo Recovery Impossible, Experts Say." "Poll: No Role for Government in Schiavo Case; Federal Intervention in Schiavo Case Prompts Broad Public Disapproval." ABC News has released the results of a poll today showing that "Americans broadly and strongly disapprove of federal intervention in the Terri Schiavo case, with sizable majorities saying Congress is overstepping its bounds for political gain." You can access the entire ABC News report by clicking here. And even more details on the poll are available at this link. Posted at 12:50 PM by Howard Bashman "Cornyn Introduces Legislation To Keep Foreign Influence Out Of U.S. Courts": U.S. Senator John Cornyn (R-TX) has issued this press release today. You can access the text of this proposed legislative resolution at this link. Posted at 12:45 PM by Howard Bashman On today's broadcast of NPR's "Morning Edition": In addition to plenty of Terri Schiavo-related coverage, the broadcast contained two segments featuring Nina Totenberg -- "Supreme Court Examines Religion and Prison" and "High Court Hears Case on Protective Orders." The broadcast also featured a segment entitled "Attorney General Gonzales Warns of 'Complacency.'" Extended excerpts from NPR's interview with Attorney General Alberto R. Gonzales can be heard by clicking here. RealPlayer is required to launch these audio segments. "Justice Rehnquist and 'The Freedom of Speech, . . . or of the Press'": Law Professor Geoffrey R. Stone has this guest post today at "ACSBlog." Professor Stone is also debating Law Professor Eugene Volokh this week in legalaffairs.org's Debate Club feature, on the subject "Forget Free Speech?" In today's edition of The New York Times: An editorial is entitled "That Scalia Charm." And from London, Iain Duncan Smith -- member of Parliament for Chingford and Woodford Green -- has a judicial filibuster-related op-ed entitled "Minority Rules." "Jurors weigh trucker's guilt in immigrants' deaths": The Houston Chronicle provides this news update. Posted at 11:40 AM by Howard Bashman Available today from National Review Online: Mark R. Levin has an essay entitled "Will on Filibusters: Considering a column and a battle to come." And Andrew C. McCarthy has an essay entitled "Lingering Questions: The Schiavo bill passes, but much is still in doubt." "Tampa federal court to hear case at 3 p.m.; U.S. District Judge James D. Whittemore will decide the Schindlers' request to restore their daughter's feeding tube": So reports the home page of The St. Petersburg Times. And Reuters reports that "U.S. Judge Orders Hearing in Fla. Right-To-Die Case." This demonstrates that there is only so much that the U.S. Congress can do to expedite a decision from a federal court. The final version of the federal legislation signed into law this morning can now be accessed at this link. U.S. Supreme Court denies review in cases challenging the constitutionality of William H. Pryor, Jr.'s recess appointment to the U.S. Court of Appeals for the Eleventh Circuit: The order along with Justice John Paul Stevens' statement respecting the denial of certiorari can be accessed here. In early press coverage, The AP's Hope Yen reports that "Court Sidesteps Bush Recess Appointment." And Reuters reports that "Justices Let Stand Bush's Appointment of Judge." Today's U.S. Supreme Court Order List: Today's Order List can be accessed at this link. The Court granted review in no new cases today. Justice Clarence Thomas, joined by the Chief Justice, dissented from the denial of review in a habeas case from the Sixth Circuit. In early press coverage, Hope Yen of The Associated Press reports that "High Court Won't Hear Moussaoui Appeal." The AP also reports that "Court Nixes Lawsuit Over Woman's Murder" and "Court Declines to Clarify Disclosure Law." Reuters, meanwhile, reports that "Supreme Court Rejects Moussaoui Appeal in Sept. 11 Case" and "U.S. court rejects Philip Morris $9 mln award appeal." "Legal aliens: A conservative movement says the Supreme Court is getting too chummy with foreigners." Luiza Ch. Savage, who reports from Washington, DC for The New York Sun, had this interesting essay yesterday in the Ideas section of The Boston Globe. Posted at 09:58 AM by Howard Bashman Lawsuit filed early today by Terri Schiavo's parents has been assigned to U.S. District Judge James D. Whittemore: So reports The Associated Press in an article you can access here. And The Miami Herald reports that "Judge receives Schiavo lawsuit." What little information is available online about Judge Whittemore can be accessed here, here, and here. What impending U.S. Supreme Court vacancy? Hope Yen of The Associated Press has an article headlined "Ailing Rehnquist Returning to Bench" that begins, "Ailing Chief Justice William H. Rehnquist feels well enough to return to the bench for the first time in five months, a court spokeswoman said Monday." Posted at 09:35 AM by Howard Bashman Meet the judges of the U.S. District Court for the Middle District of Florida: Now that Terri Schiavo's parents have filed suit under the legislation that became federal law early this morning, their case will be assigned to one of the federal judges serving in the U.S. District Court for the Middle District of Florida. You can access a list of those judges at this link. Last Friday's decision denying a temporary restraining order was issued by U.S. District Judge James S. Moody, Jr. It remains to be seen whether the parents' newly filed suit will be assigned to Judge Moody because he handled the earlier related matter. "'The Rehnquist Legacy' comes under review": Indiana University issued this press release last week regarding a conference that will occur April 1-2, 2005 at the Indiana University School of Law-Bloomington. Posted at 07:40 AM by Howard Bashman "Supreme Confidence: Justice Antonin Scalia's opinions." That's the title of a profile by Margaret Talbot in the March 28, 2005 issue of The New Yorker. Sadly, the profile is not freely available online. You can, however, access online this interview with Talbot in which she discusses "Scalia's legal philosophy, why conservatives love him, and why he makes so many people so angry." Posted at 07:30 AM by Howard Bashman "The Supreme Court Considers the Rights of Foreign Citizens Arrested in the United States: Examining a Case That Could Dramatically Affect the Way Americans Are Treated When Arrested Abroad." Louis Klarevas and Howard S. Schiffman have this essay online today at FindLaw. Posted at 07:28 AM by Howard Bashman "Professors' actions troubling; In opposing 'don't ask, don't tell,' the Law School faculty seeks to restrict military recruiting": Bryan Freeman has this essay today in The Minnesota Daily. Posted at 07:25 AM by Howard Bashman "When tradition, emotion and the law collide; On both sides, courts struggle with rationales": Yesterday in The San Francisco Chronicle, Bob Egelko had this same-sex marriage-related article. Posted at 07:22 AM by Howard Bashman "Justices Take Up Future of Net Access; A high-court case could affect how consumers get voice and video over high-speed connections": The Los Angeles Times contains this article today. Posted at 07:15 AM by Howard Bashman "Top court to hear case on inmates' sacred items": This article appears today in The Cleveland Plain Dealer. The Newark Star-Ledger reports that "High court to weigh prisoners' religious rights; 2000 law also prohibits communities from zoning out houses of worship." And The San Bernardino County Sun reports that "Faith case heard; Arguments go to Supreme Court." "ACLU attorney recounts Commandments case; Supreme Court may rule in June": The Louisville Courier-Journal contains this article today. Posted at 07:00 AM by Howard Bashman "Congress Passes and Bush Signs Legislation on Schiavo Case": This article appears today in The New York Times. The Washington Post reports that "Congress Passes Schiavo Measure; Bush Signs Bill Giving U.S. Courts Jurisdiction In Case of Fla. Woman." The Los Angeles Times reports that "Bush Approves Schiavo Review in U.S. Court; President signs a bill sent by Congress early this morning; The law lets the woman's parents ask a judge to order her feeding tube reinserted." USA Today contains articles headlined "Congress enters Schiavo case; Senate, House vote to intervene" and "Does Congress seek due process or political gain? Unusual move would allow for review in federal court." The New York Sun reports that "Congress Approves Bill To Open Way in Court For Bid To Save Schiavo." The St. Petersburg Times today contains an article headlined "Congress votes: Keep Schiavo alive; President Bush flies in from Texas to sign the bill." The Tampa Tribune reports that "Congress OKs Bill To Sustain Schiavo." And The Associated Press reports that "Fate of Terri Schiavo Rests With Judge." The White House early this morning issued a news release entitled "President's Statement on S. 686, Allowing Federal Courts to Hear Claim of Terri Schiavo." You can access at this link the text of the legislation signed into law early this morning. BREAKING NEWS -- The U.S. House of Representatives has voted to approve the Terri Schiavo federal legislation: The legislation has passed by a vote of 203-58. President Bush is expected to sign the law just as soon as it is brought over to the White House. In early coverage, The Associated Press reports that "Congress OKs Bill for Schiavo Case Review." "Does the Disability Act Stop at the Shoreline?" Linda Greenhouse had this article Sunday in the travel section of The New York Times. Posted at 12:25 AM by Howard Bashman The U.S. House of Representatives is now beginning its recorded vote on the Terri Schiavo legislation: I will post the outcome of the vote once it is announced. The vote is scheduled to wrap-up in approximately fifteen minutes from now. Posted at 12:20 AM by Howard Bashman Sunday, March 20, 2005 "Radio takes up effort to save cross; Talk shows held at site with hosts pushing signature drive on the air": The San Diego Union-Tribune contained this article yesterday. Posted at 11:48 PM by Howard Bashman "He says he's the biological father, but law says matrimony trumps DNA": This article appears today in The Grand Rapids Press. Posted at 11:44 PM by Howard Bashman "Wine giant Bronco's case may hit wall at Supreme Court": Yesterday's edition of The Napa Valley Register contained this article. Posted at 11:40 PM by Howard Bashman "Truce better than filibuster": This editorial will appear Monday in The Milwaukee Journal Sentinel. Posted at 11:32 PM by Howard Bashman "Justices consider enforcement of restraining orders": Joan Biskupic will have this article Monday in USA Today. Posted at 11:20 PM by Howard Bashman "U.S. Courthouses Address Security Issue": The Associated Press provides this report. Meanwhile, The Atlanta Journal-Constitution today contains an article headlined "'There's a demon inside me'; At rape trial, Brian Nichols was portrayed as man on verge of losing control." And Monday's edition of that newspaper will contain an article headlined "Experts say venue change carries risks." "Solo voice on the High Court": Monday's edition of the Israeli newspaper Haaretz contains an article that begins, "On Wednesday, when he retires, Yaakov Turkel will talk about the essence of his most recent rulings as a High Court justice, at a special ceremony attended by all his colleagues." Posted at 10:58 PM by Howard Bashman "John H. Pickering Dies at 89; Attorney Co-Founded D.C. Firm": Monday's edition of The Washington Post will contain an obituary that begins, "John H. Pickering, 89, a renowned appellate lawyer and founding partner of Wilmer, Cutler and Pickering, which would become one of the city's leading law firms, died March 19 at the Washington Home hospice after a stroke." You can access more biographical information at this link. Posted at 10:50 PM by Howard Bashman "Personal Trials Fuel A Fight For Equality": Monday's edition of The Tampa Tribune will contain an article that begins, "After all these years, the Hooters case still bothers Gilbert Casellas." Gil served as hiring partner at Montgomery, McCracken, Walker & Rhoads when I joined that law firm after my judicial clerkship on the U.S. Court of Appeals for the Third Circuit. Posted at 10:45 PM by Howard Bashman In Monday's early edition of The New York Times: Articles that will surely be updated once the House of Representatives votes after midnight are currently headlined "House Members Hold Sunday Night Session on Schiavo Bill" and "Supporters Praise Bush's Swift Return to Washington." Posted at 10:40 PM by Howard Bashman "Congress May Fight Court on Global Front; Some Conservatives Worry That Jurists Too Often Cite International Precedents": Jess Bravin will have this article (free access provided) in Monday's edition of The Wall Street Journal. Relatedly, in Monday's edition of USA Today, Gary Bauer will have an op-ed entitled "Disorder in our high court." And yesterday in The Ventura County Star, columnist George Sjostrom had an essay entitled "Supreme Court's life tenure should be abolished." "U.S. Catholic bishops to launch campaign denouncing death penalty": This article will appear Monday in The Chicago Tribune. Monday's edition of The Washington Post will report that "Catholic Bishops Plan Drive Against Death Penalty; Leaders Shift Priorities, Sensing Public Opinion Has Changed on Capital Punishment." And The Boston Globe today reports that "Campaign set against executions; Bishops widen effort to end death penalty." "Court Tackles Town's Role in Child Safety; 3 Daughters Died When Colorado Police Refused to Arrest Banned Father": Charles Lane will have this article Monday in The Washington Post. Posted at 10:28 PM by Howard Bashman An opposite view regarding Article III standing of parents: A law professor emails: Regardless of what one thinks about the constitutionality or wisdom of this law or the merits of the underlying case, Theresa Schiavo's parents clearly satisfy the Article III minimum for standing. You mean to tell me I suffer no injury in fact if my kid dies? I hope I never find out, but I can bet that if one of my kids did die -- even after they grew up and I was no longer their guardian -- I'd "in fact" suffer lots of injury. Whether or not the death of my kid violates my constitutional rights, I'd certainly suffer injury. That the proposed statute wouldn't authorize the parents to sue to vindicate their own constitutional rights, so it's irrelevant that they have no such rights here. The statute eliminates the prudential doctrine forbidding third-party standing and allows the parents to vindicate Theresa Schiavo's rights (if those rights were in fact violated). Nothing in Lujan prohibits that.Thanks much for the email. Posted at 10:20 PM by Howard Bashman Tonight's debate in the U.S. House of Representatives on the proposed Terri Schiavo legislation can be viewed online via C-SPAN: A real debate is underway, and you can view it online by clicking here (RealPlayer required). Posted at 10:11 PM by Howard Bashman "To Cut Online Chatter, Apple Goes to Court": John Markoff will have this article in Monday's edition of The New York Times. Posted at 09:05 PM by Howard Bashman The Knight Ridder Newspapers are reporting: Newly available online this evening are articles headlined "Legal questions abound about legislation to keep Schiavo alive"; "Congress set to pass measure to keep brain-damaged woman alive"; and "Social conservatives flex political muscle in Schiavo case." Posted at 08:55 PM by Howard Bashman "MAJOR constitutional flaw in Schiavo Act!!!!" Thanks to all the readers who have responded thus far to my earlier post discussing whether the proposed federal legislation in the Terri Schiavo matter is constitutional. One email raises a particularly interesting point: Here's a concern that I haven't seen raised re the Schiavo bill passed by the Senate, S. 653.I don't know whether this next observation is directly on point, but as I noted here back in December 2003, various U.S. Courts of Appeals have divided over whether the U.S. Constitution's due process clause protects a parent's right to the companionship of his or her adult child. Posted at 08:50 PM by Howard Bashman "Case examines cops' liability; Court considers mom's effort to sue after killings": This article, reporting on a case to be argued tomorrow in the U.S. Supreme Court, appears today in The Denver Post. And "SCOTUSblog" offers this oral argument preview. Posted at 07:55 PM by Howard Bashman "Senate Passes Legislation on Schiavo Case": The Associated Press provides this updated report. According to the article, a vote is scheduled in the House of Representatives for 12:01 a.m. Monday. The House was unable to act on the legislation today due to the lack of unanimous consent to pass the law in the absence of a roll call vote. Posted at 07:00 PM by Howard Bashman "Religion in prison tested; Supreme Court asked to limit law": The San Bernardino County Sun today contains an article that begins, "Rarely do Christians and Satanists play on the same team. But politics make for unlikely alliances." And online at the First Amendment Center, Charles C. Haynes today has an essay entitled "The Supreme Court and the incredible shrinking free-exercise clause." In Monday's issue of The Christian Science Monitor: Warren Richey will have an article headlined "Before high court: law that allows for religious rights; The justices will consider to what extent certain prisoners can practice religion." And in other news, "Why Schiavo is a cause celebre: Leaders of Congress intervened over the weekend in a highly charged case." "A well-planned jumble: Dr. Albert Barnes saw art not as a discipline of facts and figures, but as a vehicle connecting mortal history; To experience his genius unaltered, move quickly." This appreciation of The Barnes Foundation appears today in The St. Petersburg Times. The article overlooks that an appeal remains underway challenging the order authorizing The Foundation's move from its current suburban location to central Philadelphia. Posted at 06:15 PM by Howard Bashman "If You Were a Democrat": This judicial filibuster-related editorial will appear in the March 28, 2005 issue of The Weekly Standard. And today in The Day of New London, Connecticut, Marianne Means has an essay entitled "The Judicial Blame Game" that begins, "President Bush has heaped new coals on the partisan bonfire that threatens to consume the Senate over his crusade to stack the federal bench with extreme right-wing judges." "Bid to Restore Schiavo Feeding Tube Stalls": The Associated Press provides this report. Reuters, meanwhile, reports that "Senate Intervenes in Right-To-Die Case" and, earlier, that "Congress puts off action in right-to-die case." Is the federal legislation in the Terri Schiavo matter constitutional? News reports indicate that the U.S. Congress is likely today to pass legislation similar to that approved late last week in the U.S. Senate, and President Bush will then sign the provision into law. The bill that the Senate approved late last week can be accessed here. For purposes of this discussion, I employ the term "constitutional" in its traditional sense, and thus the answer to this question depends on the text of the U.S. Constitution and the precedent established by court rulings definitively construing that document. I do not employ the term "constitutional" to encompass whether the arguments in favor of or in opposition to the law are more convincing as a matter of policy or whether I would vote in favor of or against the law if I were a legislator. Section 1 of the legislation provides: The United States District Court for the Middle District of Florida shall have jurisdiction to hear, determine, and render judgment on a suit or claim by or on behalf of Theresa Marie Schiavo for the alleged violation of any right of Theresa Marie Schiavo under the Constitution or laws of the United States relating to the withholding or withdrawal of food, fluids, or medical treatment necessary to sustain her life.Section 2 then begins by specifying that Terri's parents will have standing to bring suit under the new law. As a structural matter, it appears to be within the power of the U.S. Congress to create a cause of action to redress a violation of the U.S. Constitution and/or federal law "relating to the withholding or withdrawal of food, fluids, or medical treatment necessary to sustain" a person's life, assuming that such laws or constitutional rights in fact exist. A more difficult question is whether such preexisting substantive federal rights can be enforced against a private person (namely, Terri Schiavo's husband) or whether such rights are only enforceable against someone acting under color of state law. In any event, I anticipate that the parents will sue a variety of defendants, with an eye toward ensuring that the federal rights in question are enforceable against at least one or more of the defendants. Section 2 of the legislation goes on to provide: In such a suit, the District Court shall determine de novo any claim of a violation of any right of Theresa Marie Schiavo within the scope of this Act, notwithstanding any prior State court determination and regardless of whether such a claim has previously been raised, considered, or decided in State court proceedings.In my view, Congress does not act unconstitutionally in denying full faith and credit to a state court judgment in a federal court proceeding, because the obligation for a federal court to afford full faith and credit to a state court judgment arises by means of federal statutory law, and not under the U.S. Constitution. Article IV of the U.S. Constitution requires that the courts of one State afford full faith and credit to the rulings of courts of another State, but that provision of the U.S. Constitution does not apply to federal courts. A federal statute -- 28 U.S.C. sec. 1738 -- requires federal courts to give full faith and credit to state court rulings. What Congress requires in an earlier federal statute Congress is free to take away in a later enacted statute. (Indeed, the U.S. Supreme Court has recognized that Congress has the power to repeal partially the full faith and credit act.) Thus, the denial of full faith and credit in federal court to a state court decision does not give rise to a federal constitutional issue in my view. Those who find the soon-to-be-enacted federal law objectionable have two main arguments. The first is that a law of this kind is heretofore unheard of. Yet that does not necessarily make the law unconstitutional. And the second main objection is that all that is guaranteed to result from the legislation is much additional delay; a different result in federal court is far from assured. From the perspective of the legislation's proponents, however, if a different result cannot be achieved, then the second-best outcome is accomplishing significant delay in the implementation of the current outcome. There assuredly are many persuasive reasons to be opposed to this new law as a matter of policy. But that, standing alone, does not make the new law unconstitutional. If I have overlooked any constitutional arguments (and be assured that what I have already written does not overlook "federalism"), please let me know what they are, how they are relevant, and how you think those arguments ought to be resolved. On this morning's broadcast of NPR's "Weekend Edition - Sunday," two well-respected law professors offered additional commentary on this subject in a segment titled "Schiavo Case Sets New Tone in Congress." In today's edition of The Los Angeles Times: In news relating to Terri Schiavo, the newspaper contains articles headlined "Congress Gives Parents a Voice in Schiavo Case; An unusual measure that applies only to the Florida woman would allow appeal to a federal court; Bush will return from Texas to sign it" and "How the Private Became Political." A news analysis is headlined "Off to a Running Start, How Far Can GOP Go?" And Law Professor Catharine A. MacKinnon has an op-ed entitled "Smut's Insidious Threat" that, among other things, discusses "Amaani Lyle's suit against Warner Bros., soon to be argued before the California Supreme Court." "Trial By Legislation": CBS News legal analyst Andrew Cohen has this Terri Schiavo-related essay today. Posted at 12:45 PM by Howard Bashman "Congress Ready to Approve Bill in Schiavo Case": This article appears today in The New York Times. Looking at the proposed legislation, Yale Law Professor Jack M. Balkin writes at his blog, "The Senate bill looks like a final exam in a Federal Courts course." Posted at 10:30 AM by Howard Bashman "Nuclear Options": That's the title of William Safire's "On Language" column today in The New York Times Magazine. The Cincinnati Enquirer today contains an editorial entitled "Nix the 'nukes' on Senate nominations." The Courier-Journal of Louisville, Kentucky contains an editorial entitled "Flipping over filibuster." The Republican of Springfield, Massachusetts contains an editorial entitled "Peace in the Senate a must, not an option." In The Baltimore Sun, Gail Gibson has an essay entitled "Senate heads for showdown over filibuster; A dispute over judicial confirmation votes could lead to a radical rule change once considered unthinkable." And in the March 28, 2005 issue of Time magazine, Joe Klein will have an essay entitled "The Creative Stubbornness of Harry Reid: The Senate Democratic leader keeps the GOP in check." "Conservative's Book on Supreme Court Is a Bestseller": Charles Lane has this article today in The Washington Post. Posted at 08:32 AM by Howard Bashman "Securing the courts: Without a state standard for courthouse security, precautions vary from case to case, courtroom to courtroom, county to county." This article appears today in The Free Lance-Star of Fredericksburg, Virginia. Posted at 08:20 AM by Howard Bashman Saturday, March 19, 2005 "Huge roof payout put back in play": The Milwaukee Journal Sentinel today contains an article that begins, "The state Supreme Court on Friday overturned a lower court ruling that threw out a $94 million award to the families of three ironworkers killed in the 1999 Big Blue crane collapse at Miller Park, but significant legal issues remain before the case can be settled." Posted at 11:05 PM by Howard Bashman "Lefkow shouldn't let killer take family's home, community": Today in The Chicago Sun-Times, columnist Sue Ontiveros has this essay. Posted at 11:00 PM by Howard Bashman "Detectives' Lawyers Know the Spotlight": Sunday's issue of The New York Times will contain an article that begins, "A criminal trial without good lawyers is not unlike a pennant game without good pitchers." Posted at 10:54 PM by Howard Bashman "Congress Steps In on Schiavo Case; Lawmakers to Pass Bill to Resume Feeding, Allow Court Review": This front page article will appear Sunday in The Washington Post. The New York Times on Sunday will contain articles headlined "Schiavo Battle Brings Life's End Into Discussion" and "Protesters at Hospice Push for Showdown Over Schiavo." And from National Public Radio, this evening's broadcast of "All Things Considered" contained a segment entitled "Congress Resumes Bid to Intervene in Schiavo Case." And this morning's broadcast of "Weekend Edition - Saturday" contained a segment entitled "High Court Stays Away from Schiavo Case." RealPlayer is required to launch these audio segments. "A Matter of Restraint: In a tragic case, the Supreme Court will have to decide how to strike a delicate balance between the rights of victims and those entrusted with protecting them." Newsweek has posted this article online today. Posted at 10:40 PM by Howard Bashman "Fair Trial For Terrorist?" CBS News legal analyst Andrew Cohen today has an essay that begins, "The Supreme Court conferred Friday morning about one of the most important terror law issues to arise in the wake of the Sept. 11, 2001, attacks on America." Posted at 09:14 PM by Howard Bashman Newsweek releases poll results on the "nuclear option": An article that Newsweek posted online today contains the following two paragraphs toward its end: Then there's the filibuster issue. The Republicans, in control of both legislative and executive branches, may push to change Senate rules to make it impossible to filibuster judicial nominees, the so-called "the nuclear option" because Democrats have threatened to respond by using procedural rules to shut the Senate down. (Under current Senate rules, 60 of the 100 senators are needed to cut off debate, and the Democrats have 45. That has been enough to sustain a filibuster, but not to win votes.) Neutering the filibuster would be unpopular with Americans, nearly six in ten (57 percent) of whom would disapprove. Even one-third (33 percent) of Republicans say they would object to such a move.The poll questions and raw data that the poll produced are available here. Posted at 08:33 PM by Howard Bashman "Judicial interpretation poses major problem for the U.S.": The Macon Telegraph yesterday contained an op-ed by Bill Ferguson that begins, "Antonin Scalia is not a happy man." Posted at 08:30 PM by Howard Bashman "Politics gains greater role in nominations": Sunday's edition of The St. Louis Post-Dispatch will contain an article that begins, "In an unusual public address last week that many viewed as an audition for his possible nomination to head the Supreme Court, Justice Antonin Scalia remarked on the radically altered judicial climate since his confirmation to the court by the Senate in 1986." Posted at 08:24 PM by Howard Bashman "Congress OKs Deal to Keep Schiavo on Tube": The Associated Press reports here that "Congress leaders announced agreement Saturday on legislation they said would allow a severely brain-damaged woman to resume being fed while a federal court decides the right-to-die battle between her parents and her husband." Reuters, meanwhile, reports that "Senate, House Reach Compromise on Fla. Woman." "Inside Courts, Threats Become an Alarming Part of the Fabric": This article will appear Sunday in The New York Times. Posted at 04:02 PM by Howard Bashman "Schiavo's plight still weighs on former guardian; The man appointed in 2003 to act as a guardian for Terri Schiavo has not forgotten the harrowing task of trying to imagine himself in her place": The Miami Herald contains this article today. Posted at 01:50 PM by Howard Bashman "Kaiser sues fired worker for leaking data; Confidential patient information linked on blog, suit says": This article appears today in The San Francisco Chronicle. The Oakland Tribune reports today that "State orders blogger to stop posting Kaiser medical info." Yesterday, The San Jose Mercury News reported that "Kaiser adds to its lawsuit against blogger; Woman also accused of invading privacy." And earlier in the week, The Mercury News reported that "Kaiser goes to court over patient data leak." "Rehnquist May Return Monday for Oral Arguments": Charles Lane has this article today in The Washington Post. Posted at 12:10 PM by Howard Bashman "Why Filibusters Should Be Allowed": George F. Will will have this op-ed in Sunday's edition of The Washington Post. The Pittsburgh Tribune-Review today contains an editorial entitled "Breaking the Dems: Do it!" And today in The Winston-Salem Journal, Law Professor Carl Tobias has an op-ed entitled "Worsening condition of judicial selection: Controversial renominations should concern those who live in jurisdictions." In the op-ed, Tobias inaccurately asserts that Fourth Circuit nominee William James Haynes II, on being renominated earlier this year, was designated for the Fourth Circuit seat that had previously been filled by Maryland residents. As a look here or here confirms, the Fourth Circuit judge whom Haynes is designated to replace is based in Abingdon, Virginia. "Smuggling jury left with image of death; They schedule their deliberation after hearing story of a dying man holding son's body": This article appears today in The Houston Chronicle. And The New York Times reports that "Immigrant-Smuggling Case Against Driver Goes to Jury." In today's edition of The New York Times: Adam Liptak reports that "With Schiavo Subpoenas, Lawmakers Leap Into Contested Territory." An article is headlined "A New Screen Test for Imax: It's the Bible vs. the Volcano." And the newspaper contains two op-eds on the topic of security for judges. Senior U.S. District Judge John Kane has an op-ed entitled "Personal Safety and Public Justice," while David Feige has an op-ed entitled "Put Down Your Gun." Friday, March 18, 2005 "More Than Fit to Print": In the April 7, 2005 issue of The New York Review of Books, Anthony Lewis has this review of the newly published book "Inside the Pentagon Papers." Posted at 10:35 PM by Howard Bashman "Viewing Videotape, Frist Disputes Fla. Doctors' Diagnosis of Schiavo": This article will appear Saturday in The Washington Post. Posted at 10:33 PM by Howard Bashman Available online from law.com: Marcia Coyle reports that "Justices to Weigh Key Copyright Case; Entertainment industry wants to curb file-sharing." Tony Mauro has an article headlined "Will Rehnquist Be Back on the Bench Monday?" And Shannon P. Duffy has an article headlined "Judge Orders Suspended Attorney to Withdraw From Federal Suit." Earlier today, I had a lengthy post about this matter in which I linked to some of the background material. The Sacramento Bee is reporting: Today's newspaper contains articles headlined "Lungren measure aims to halt gay marriage; Constitutional change would block courts" and "Proving the power of innocence; Activist law students use DNA, other tools to free the wrongly convicted." Posted at 09:10 PM by Howard Bashman In news from Maine: The Associated Press offers a report headlined "Supreme Court requires Time Warner to identify anonymous e-mailer" that begins, "The state supreme court ruled Friday that Time Warner Cable must turn over account information about the sender of an insulting e-mail in a case that sought to test the waters of Internet anonymity in Maine." You can access today's ruling of the Maine Supreme Judicial Court at this link. The Knight Ridder Newspapers are reporting: Now available online are articles headlined "Terri Schiavo's Death may come within 2 weeks" and "Senate majority leader, a former Eagle Scout, does a good turn for the Boy Scouts." On the topic of the second article, The Tennessean yesterday reported that "Frist moves to protect Boy Scouts' access." A Washington, DC-based reader emails: After reading Rod Smolla's jurisprudence essay online at Slate, an appellate lawyer based in the District of Columbia writes: It always irks me when people who mean to refer to the United States Court of Appeals for the District of Columbia Circuit refer to it as the "District of Columbia Court of Appeals." There is a court by that name, and it is not the federal appellate court on Third and Constitution. There are lots of shorthands for the D.C. Circuit, including "D.C. Circuit," "U.S. Court of Appeals for the D.C. Circuit," "Court of Appeals for the District of Columbia Circuit," etc. Only by truncating both "United States" and "Circuit" can anyone get in trouble.The error this reader is emailing about can be found in the first sentence of the tenth paragraph of Smolla's essay: Turning to the reporter's privilege—now under especially intense scrutiny in courts and Congress, in light of a recent decision by the District of Colombia Court of Appeals arising from the Plame affair—the court held that no First Amendment reporter's privilege exists at all—and that journalists Judith Miller and Matthew Cooper should report directly to jail without passing go."De minibus" indeed. Posted at 06:50 PM by Howard Bashman "Jury begins deliberating in truck death case": The Houston Chronicle provides a news update that begins, "The jury in the Tyrone Williams trial begin deliberations at 4:45 p.m. today, after prosecutors and Williams' attorney completed their closing arguments." If the jury convicts, it would next take up the question of whether to impose the death penalty should the trial judge agree that the law would allow a sentence of death to be imposed. Posted at 06:08 PM by Howard Bashman The perils of taking that swords into plowshares instruction too literally: The Denver Post reports today that "Appeals by nuns rejected; Convictions stand in 3 women's actions at Weld County missile silo." And The Associated Press reports that "Sentences Upheld for Nuns in Missile Case." Last night, I first noted yesterday's ruling of the U.S. Court of Appeals for the Tenth Circuit in a post you can access here. Posted at 05:45 PM by Howard Bashman "Commandments monument stirs emotions on GR visit": This article appears today in The Grand Rapids Press. Posted at 05:35 PM by Howard Bashman "Agence France Presse Sues Google Over News Site": Reuters provides this report. Posted at 05:20 PM by Howard Bashman Constitutional limits on federal power found in the Commerce Clause lead the Eleventh Circuit to overturn another child pornography conviction: Today's decision is particularly noteworthy because it arises on plain error review. Posted at 05:15 PM by Howard Bashman House Judiciary Committee's Subcommittee on Courts, the Internet, and Intellectual Property puts itself in the eye of the Vornado: In its 2002 ruling in in Holmes Group, Inc. v. Vornado Air Circulation Systems, Inc., the U.S. Supreme Court held that the U.S. Court of Appeals for the Federal Circuit only has jurisdiction over appeals in which the plaintiff's well–pleaded complaint alleges a patent law claim. Thus, where a plaintiff's complaint contains no patent law claim but the defendant's answer asserts a patent law counterclaim, an appeal of a trial court's patent law ruling would properly be heard by a regional U.S. Court of Appeals instead of the Federal Circuit. Because one major purpose for having the Federal Circuit was to advance uniformity in patent law, many in Congress are interested in overturning the result in Vornado. Indeed, this week, the House Judiciary Committee's Subcommittee on Courts, the Internet, and Intellectual Property held hearings with an eye toward accomplishing that very result. The blog "Patently-O: Patent Law Blog" offers two posts about the hearings: "Congress Discusses Which Court Should Hear Patent Cases" and "Patent Attorneys Testify to Consistency of Federal Circuit Court of Appeals." In September 2003, Judge William Curtis Bryson of the Federal Circuit participated in this blog's "20 questions for the appellate judge" feature. I asked him: "as a matter of policy, would you favor an amendment by Congress to the relevant jurisdictional statutes to give the Federal Circuit exclusive appellate jurisdiction over all patent claims, whether asserted by the plaintiff or defendant?" And Judge Bryson answered: It is too soon to tell whether the Vornado case will introduce a significant amount of non-uniformity into patent law because of the fact that regional circuits will now be deciding some patent issues. My guess is that the effect will be marginal and that the regional circuits, which have been out of the patent business for the past 20 years, will not be leaping to seize the opportunity to create circuit splits with us. A congressional fix would have the useful effect of returning us to where we were before Vornado, and it is difficult for me to see any strong policy reasons against making that change.You can access Judge Bryson's complete interview at this link. Posted at 05:05 PM by Howard Bashman "Life of Privilege: Why the law protects some private relationships and not others." Rod Smolla has this jurisprudence essay online at Slate. Posted at 04:44 PM by Howard Bashman The AP is reporting: The latest news from Florida is "Brain-Damaged Woman's Feeding Tube Removed." And Hope Yen has a report headlined "Experts: Congress Shaky on Schiavo Actions." Posted at 04:38 PM by Howard Bashman "Openly Rational: A straight, Republican judge rules for the home team." This article about the recent San Francisco Superior Court same-sex marriage ruling appears in the current issue of LA Weekly. Posted at 04:02 PM by Howard Bashman "Rehnquist May Return to Court Soon": law.com's Tony Mauro provides this news update. Posted at 03:58 PM by Howard Bashman The Associated Press is reporting: Now available online are articles headlined "Judges Lack Protection Politicians Get" and "Atlanta Police Admit Errors After Shooting." Posted at 03:35 PM by Howard Bashman "State Supreme Court rules on damages in crane collapse; Decision that tossed $94 million award overturned, sent back to appeals court": The Milwaukee Journal Sentinel provides this news update. Posted at 03:22 PM by Howard Bashman "Rehnquist May Return to Bench, Supreme Court Spokeswoman Says": Bloomberg News provides this report. And at "SCOTUSblog," Lyle Denniston has a post titled "Chief Justice: on the bench Monday?" Posted at 03:20 PM by Howard Bashman And in other news from Canada: The Toronto Globe and Mail today also contains an article headlined "Don't dither on selection process, judge warns PM." The article begins, "Mr. Justice Jack Major intends to retire from the Supreme Court of Canada this fall and has warned that Prime Minister Paul Martin must either redesign a judicial selection process quickly or risk being accused of 'dithering.'" Lastly, in other big news from Canada's highest court, "Quebec Margarine Can't Masquerade as Butter, Canada Court Rules," Bloomberg News reports. And CBC News offers a report headlined "Keep the lid on yellow margarine: Supreme Court." "Death-penalty debate grips China after wrongful execution": This article appears today on the front page of The Toronto Globe and Mail. Posted at 03:10 PM by Howard Bashman "Easy Rider": The U.S. Court of Appeals for the Fourth Circuit today issued an opinion that begins: This case involves a dormant Commerce Clause challenge to a unique provision in Virginia's motorcycle dealer franchise law. The provision allows any existing franchised dealer in Virginia to protest the establishment of a new dealership for the same brand anywhere in the Commonwealth. The district court rejected the challenge, concluding that the statute neither discriminates against, nor imposes a cognizable burden upon, interstate commerce. We conclude, however, that the statute's provision for statewide protest rights unduly burdens interstate commerce in violation of the dormant Commerce Clause. The judgment is therefore reversed.You can access the opinion at this link. Posted at 02:55 PM by Howard Bashman "Florida Judge Lifts Stay Blocking Feeding Tube Removal": Reuters provides this update. And The AP now reports that "Judge OKs Removal of Schiavo Feeding Tube." Posted at 02:02 PM by Howard Bashman "Issues of Identity: Harvard should require proof from Native American applicants." This editorial appears today in The Harvard Crimson. In response, two members of that publication's editorial board who disagree have an op-ed entitled "The Identity Threat: Requiring proof of ethnicity from any ethnic group is invasive and insulting." Posted at 01:42 PM by Howard Bashman Gun free high school yearbook zone: The Associated Press offers an article headlined "N.H. Federal Judge Rules Against Gun Photo" that begins, "A high school senior's bid to hold a shotgun in his yearbook portrait was rejected Thursday by a federal judge." You can view the photo at issue by clicking here. And yesterday's ruling of the U.S. District Court for the District of New Hampshire can be accessed at this link. In earlier coverage, last week The Union Leader of Manchester, New Hampshire reported that "Judge tells student he's unlikely to win yearbook case." BREAKING NEWS -- "Judge: Keep Schiavo feeding tube in place." The Associated Press has just issued a report that begins, "A state judge on Friday temporarily blocked the removal of the feeding tube for severely brain-damaged Terri Schiavo as legal wrangling continued over efforts by congressional Republicans to keep her alive." Posted at 01:07 PM by Howard Bashman The New York Times neglects to offer its own coverage of yesterday's Second Circuit oral argument in the appeal from Martha Stewart's conviction: Instead, the newspaper appears to have opted for wire service coverage. But, other newspapers found covering the oral argument worthwhile. The Washington Post reports today that "Stewart Wants to Be Resentenced; Lawyers Argue Impact Of High Court Ruling." Newsday today contains an article headlined "Questions about witness perjury; Appeals panel asks why judge in Martha's trial never set hearing on veracity of expert witness Larry Stewart." The Journal News of Westchester, New York reports that "Stewart's lawyer seeking new trial, sentence." The New York Daily News reports that "Martha could lose bracelet." And The New York Post offers an article headlined "Martha's Munchies." The Associated Press is reporting: Now available online are articles headlined "Rehnquist Still Weighing Whether to Return" and "Martha Stewart Judge May Resentence Her." Posted at 12:48 PM by Howard Bashman Sixth Circuit rejects sentencing enhancement for "unduly influencing" a minor child to engage in sexual activity where the supposed victim is in fact an undercover law enforcement officer: In so deciding, the U.S. Court of Appeals for the Sixth Circuit rejected interpretations of the sentencing provision that the Seventh and Eleventh Circuits have adopted. You can access today's ruling at this link. Posted at 12:32 PM by Howard Bashman New York State intermediate appellate court upholds denial of "surviving spouse" workers' compensation benefits to long-time same-sex domestic partner of deceased American Airlines flight attendant: You can access yesterday's ruling of the New York State Supreme Court, Appellate Division, Third Judicial Department at this link. Posted at 12:24 PM by Howard Bashman "Filibuster Precedent? Democrats Point to '68 and Fortas; But GOP Senators Cite Differences in Current Effort to Bar Votes on Judges." This article appears today in The Washington Post. And at Human Events Online, Robert B. Bluey reports that "Stage Is Set for 'Nuclear' Showdown." "Judge Orders Suspended Attorney To Withdraw From Age Bias Case": Today in The Legal Intelligencer, Shannon P. Duffy has an article (paid subscription required) that begins: Despite having his license suspended by the Pennsylvania Supreme Court, attorney Frank J. Marcone has for years enjoyed the right to continue practicing in the Eastern District of Pennsylvania federal court.I have uploaded a copy of Wednesday's ruling of the U.S. District Court for the Eastern District of Pennsylvania at this link. Back in August 2004, I had this lengthy post about a ruling from the Supreme Court of Pennsylvania in an appeal involving this very same attorney and his efforts to continue practicing in Philadelphia's federal district court. Update: law.com has now made the article mentioned at the outset of this post freely available at this link. Blogads: In cooperation with legalaffairs.org, which hosts "How Appealing," I'm so very pleased to announce that my blog has been approved to begin hosting advertisements placed through the Blogads service. Such ads will appear on the upper right-hand column of this page, just below the maroon box that provides links to content found elsewhere on the Legal Affairs web site. To get the ball rolling, we are offering an introductory rate on one-week ads of just $100, a sixty percent discount from the regular $250 rate that will apply to one-week ads after this introductory offer expires. To consider purchasing a Blogad on "How Appealing," simply click here. More information about Blogads can be found in "A Mini-Interview With Henry Copeland From Blogads" and at the service's web site. Can an ad on "How Appealing" generate business revenue? Last year, my law firm, as a result of having its icon featured on the upper right-hand corner of this blog, generated nearly $100,000 worth of new client business. D.C. Circuit rules that a flight from Denver to Chicago qualifies as "international transportation" within the meaning of the Warsaw Convention: Hey, I don't invent these decisions; I just report on them. You can access today's ruling of the U.S. Court of Appeals for the D.C. Circuit at this link. Posted at 10:30 AM by Howard Bashman Supreme Court of Wisconsin reinstates $94 million in punitive damages awarded to the families of three ironworkers who were killed when a crane collapsed during the construction of Miller Park: You can access this morning's ruling of the Supreme Court of Wisconsin at this link. In early press coverage, The Associated Press reports that "Award in Miller Park Deaths Overturned." The case appears to be far from over, however, as Wisconsin's highest court remanded the case for further development of the record concerning whether the punitive damages award can survive due process scrutiny. Chief Justice Shirley S. Abrahamson wrote the majority opinion. You can access her "20 questions for the appellate judge" interview from September 2004 at this link. Notwithstanding that this case involved torts, Justice Prosser was recused. "First Judge Showdown: Specter asks, 'Can we agree to disagree?' Democrats say no." Byron York has this essay today at National Review Online. Posted at 09:32 AM by Howard Bashman "Prison: Two women want to marry Peterson; He gets several calls of support on his first day on death row." CNN.com provides this report. Posted at 09:25 AM by Howard Bashman "Trial date set in lawsuit against Sudan for Cole attack": The Virginian-Pilot reports here today that "A judge has set an Aug. 23 trial date in the case filed against the Republic of Sudan by the families of the victims of the 2000 attack on the destroyer Cole." Posted at 07:28 AM by Howard Bashman In today's edition of The Houston Chronicle: An article reports that "Counts against trucker questioned; Some claims in death penalty case concern the judge; meanwhile, prosecution rests." And in other news, "Yates divorce finalized; The settlement gives mother a cemetery plot beside the graves of her children." The Atlanta Journal-Constitution is reporting: An article reporting on yesterday's funeral for Fulton County Superior Court Judge Rowland W. Barnes is headlined "Wise, just . . . 'impish.'" In related news, "'Chaos' reigned outside the courthouse; Suspect hopped train as officers swarm." And an article reports that "Rule would make students get permission to join gay clubs." "Court: Sunshine Law Is Not Enforceable; Decision Could Affect Access to Federal Advisory Boards." Today in The New York Sun, Josh Gerstein has this article. I first noted yesterday's ruling of the U.S. Court of Appeals for the Ninth Circuit in a post that you can access here. Posted at 06:54 AM by Howard Bashman "GOP leader to offer compromise on judges; Plan would seek to avoid confrontation over Bush nominees": This article appears today in The Pittsburgh Post-Gazette. This letter appears on the web site of Senate Majority Leader Bill Frist, M.D. (R-TN) under the heading "Frist Responds To Senator Reid's Letter On Judicial Nominations." Elsewhere, today in The Orlando Sentinel, Peter A. Brown has an op-ed entitled "Here's how Bush may win by losing." "Disputed Judicial Nominee Clears Senate Panel; William G. Myers III wins the approval of the GOP-led committee, but a showdown is expected with Democrats over the right to filibuster": Henry Weinstein and Maura Reynolds have this article today in The Los Angeles Times. The Washington Times reports that "Panel gives nod to Bush judicial nominee." And Cox Newspapers report that "'Nuclear' moment nears on judges." Thursday, March 17, 2005 "Frist's difficulties": The Hill contains this "nuclear option"-related editorial today. Rush Limbaugh's radio show today featured extensive discussion of the so-called "nuclear option." You can access here a transcript of his interview with Byron York, who had this essay on the subject today at National Review Online. Transcripts of other related segments from today's broadcast can be accessed here, here, and here. "Split Panel Sends Renominated Candidate to Full Senate": In Friday's edition of The New York Times, Neil A. Lewis will have an article that begins, "Voting along strict party lines, the Senate Judiciary Committee approved the first of President Bush's appeals court nominees on Thursday, hastening the Senate's march to a large-scale partisan breakdown." Posted at 10:54 PM by Howard Bashman "Trucker trial ends for today amid legal wrangling": The Houston Chronicle provides this news update. Posted at 10:48 PM by Howard Bashman In today's edition of The Harvard Law Record: An article reports that "HLS GOP Goes to Washington D.C.; Group meets with leaders from government and private sectors, including Justice Scalia and RNC Chairman Ken Mehlman." And Jonathan Lamberson has an essay entitled "How the courts and Judge Lefkow unknowingly created a killer." Available online from law.com: Tony Mauro reports that "Brief Asks High Court to Look to International Law -- Again." And from Georgia, Jonathan Ringel reports that "Courthouse Shooting Victims Mourned as Talk of Civil Suits Begins; Counties may be protected by state immunity laws." "What Is a Journalist? News consumers will ultimately bestow credence to those blog reporters with high standards." This editorial will appear Friday in The Christian Science Monitor. Posted at 10:22 PM by Howard Bashman Round two approaching for Ninth Circuit nominee William Gerry Myers III: As I first noted here earlier today, the Senate Judiciary Committee this morning by a party-line vote of 10-8 recommended to the full U.S. Senate the confirmation of William Gerry Myers III to the U.S. Court of Appeals for the Ninth Circuit. The transcripts of several sets of remarks delivered at this morning's Judiciary Committee executive business meeting are now available online. In addition to the remarks of Ranking Democratic Member Senator Patrick J. Leahy (D-VT), you can also access online the remarks of Senator Edward M. Kennedy (D-MA) and the remarks of Senator Russ Feingold (D-WI). In the last Senate, a cloture request on the Myers nomination failed by a vote of 53-44. Some news coverage and commentary relating to that vote remains available online. Back then, Neil A. Lewis of The New York Times reported that "7th Candidate for Judgeship Is Blocked by Democrats." Helen Dewar of The Washington Post reported that "Democrats Block 7th Nominee to Bench; Senators Cite Myers's Approach To Environment." The Washington Times, by contrast, reported that "Democrats block 6th judge pick." And The Idaho Statesman -- the nominee's hometown newspaper -- published an editorial entitled "Rejection of Myers for court job shows system works." Congressional Research Service reports on the subject of judicial confirmations: As debate over the so-called "nuclear option" rages among various U.S. Senators, several CRS reports are worth a look. The first is titled "Judicial Nomination Statistics: U.S. District and Circuit Courts, 1945-1976." The second is titled "Judicial Nomination Statistics: U.S. District and Circuit Courts, 1977-2003." The third, and most recently updated, is titled "Implications for the Senate of President Bush's Proposal on Judicial Nominations." Both of the first two reports contain lots of statistics on the percentage of judicial nominees who won confirmation during the years under consideration. [Update: For those who would prefer to view this information in a chart, you can do so at this link.] Three additional reports discuss filibusters and cloture: "Filibusters and Cloture in the Senate"; "Cloture Attempts on Nominations"; and "Senate Consideration of Presidential Nominations: Committee and Floor Procedure." Tenth Circuit affirms convictions of three Sisters in the Dominican Order found guilty of injuring or destroying national-defense materials or premises at a Minuteman III Missile site in Weld County, Colorado: You can access today's unanimous ruling of a three-judge panel of the U.S. Court of Appeals for the Tenth Circuit at this link. One of the three defendants was back in the news earlier this month. The Denver Post reported that "Nun won't pay, may do more time." The Rocky Mountain News reported that "Prison to free nun, but she balks at restitution." The Seattle Times reported that "Nun will continue fighting nukes, at risk of returning to prison." And The Associated Press reported that "Jailed nun won't pay missile silo fine." "300 judges, many others attend Barnes service": The Atlanta Journal-Constitution provides a news update that begins, "So many judges attended the memorial service Thursday honoring Fulton County Superior Court Judge Rowland W. Barnes that their procession, some two by two, took 15 minutes." Posted at 08:20 PM by Howard Bashman Roy's Rock visits the Wolverine State: The Associated Press reports from Lansing, Michigan that "Ala. Commandments visit Capitol; Some protest as speakers discuss granite monument." The State News of Michigan State University contains an article headlined "Monumental debate: Commandments statue displayed on Capitol lawn." And The Saginaw News reports that "Debate follows Ten Commandments." "Court tosses lawsuit seeking public judge vetting": David Kravets of The Associated Press reports here that "A federal appeals court on Thursday dismissed a lawsuit seeking to make public the internal machinations of an influential committee which recommends to the president which Californians should be nominated to a federal judgeship." Posted at 07:38 PM by Howard Bashman "Filibuster this": The North Adams (Mass.) Transcript published this editorial on Tuesday. Posted at 05:20 PM by Howard Bashman "It's back to court for The Barnes": I'm quoted in this article, which appears today in The Main Line (Pa.) Times. Posted at 05:10 PM by Howard Bashman "Hatch to Head Senate Panel on Copyright": The Washington Post provides this news update. A list of who is serving on which of the Senate Judiciary Committee's subcommittees for the 109th Congress can be viewed by scrolling nearly halfway down this web page. Posted at 04:35 PM by Howard Bashman The wire services are reporting: Now available online from The Associated Press:Meanwhile, Reuters offers a report headlined "Republicans close on US asbestos fund-Sen. Specter." Posted at 04:30 PM by Howard Bashman Portland Trail Blazers guard Damon Stoudamire is pleased to learn that a tie in the Oregon Court of Appeals doesn't result in overtime: The Oregonian reports today that "Appeals court lets ruling on Stoudamire drug search stand; The deadlock upholds a lower court's opinion that the Blazers player's home was searched illegally." You can access yesterday's 5-5 ruling of the Oregon Court of Appeals at this link. Posted at 04:15 PM by Howard Bashman "Renominated judicial nominee clears US Senate panel": Reuters provides this report. You can access online at this link today's statement of Senate Judiciary Committee Ranking Democratic Member Patrick J. Leahy (D-VT) regarding the nomination of William Gerry Myers III to the U.S. Court of Appeals for the Ninth Circuit. Ninth Circuit rejects lawsuit alleging that the Federal Judicial Qualifications Committee, formed by California's U.S. Senators to recommend nominees to fill federal district court and U.S. Attorney vacancies in that State, had been meeting in private and without a charter, contrary to the Federal Advisory Committee Act: You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link. Posted at 12:55 PM by Howard Bashman "Panel Resends Blocked Bush Judge Nominees": Jesse J. Holland of The Associated Press provides this report. Posted at 12:50 PM by Howard Bashman "Judicial Nominee Myers Approved by Senate Committee": Bloomberg News provides this report, which notes that approval came on a party-line vote of 10-8. In response, People For the American Way issued a news release entitled "Myers Narrowly Approved by Judiciary Committee; Extremely troubling nominee pushed in face of intense opposition, reflects GOP strategy to provoke filibusters in search of excuse for going 'nuclear.'" "Martha Stewart Listens to Appeals Argument": The Associated Press provides this updated report. Posted at 11:55 AM by Howard Bashman Regime change in Iraq may mean bad news for asylum seekers from that Nation: The U.S. Court of Appeals for the Sixth Circuit issued this decision today. The opinion may contain hints that Iraq's former regime was attempting to build weapons of mass destruction. Posted at 10:33 AM by Howard Bashman If candidates for elective state appellate court judgeships can't rule on cases involving campaign donors, then who would be willing to donate to such campaigns? Here's some significant news from Illinois. The St. Louis Post-Dispatch today contains an article headlined "Court says Karmeier can hear donor's case" that begins, "In a decision that could affect Illinois' debate over campaign reform, the state Supreme Court ruled Wednesday that Justice Lloyd Karmeier can't be disqualified from a case because one of the parties has contributed to his political campaign." The entire article is fascinating and should not be missed by anyone interested in judicial elections or judicial ethics. In earlier coverage, as I previously noted here, The Post-Dispatch reported early last month that "Donations to judge figure in court case." In today's edition of The Austin American-Statesman: An article reports that "Williamson County inmate's note describes plan to copy Atlanta shooting; Unease about courtroom security prompts bill from Williamson lawmaker." And an editorial is entitled "Bring geographic diversity to Texas Supreme Court." "US Political Parties Prepare for Supreme Court Vacancy": Voice Of America News provides this report. Posted at 10:01 AM by Howard Bashman "Rock's Oldest Joke: Yelling 'Freebird!' In a Crowded Theater; It's a Request, a Rebuke, A Cry From the Heart, A Tribute to Skynyrd." This amusing article appears today on the front page of The Wall Street Journal. Posted at 09:55 AM by Howard Bashman "Martha Stewart Appears for Appeals Hearing": The Associated Press reports here that the U.S. Court of Appeals for the Second Circuit is today holding oral argument in Martha Stewart's appeal from her criminal conviction. Posted at 09:40 AM by Howard Bashman "'Right On, MoveOn!' Senate Democrats join MoveOn to defend the filibuster." Byron York has this essay today at National Review Online. Posted at 09:35 AM by Howard Bashman "Court tosses Fayette sign law": The Atlanta Journal-Constitution today contains this article reporting on a recent decision of the Supreme Court of Georgia. Posted at 07:32 AM by Howard Bashman Developments in the Terri Schiavo matter: The St. Petersburg Times today contains articles headlined "U.S. House acts to save Schiavo; House members pass a late-night measure that allows Terri Schiavo's parents to ask a federal court to review the case"; "Protesters gather at hospice; As Friday nears, demonstrators hold a vigil for Terri Schiavo"; and "A crusade against a 'culture of death': For Dennis Baxley, Terri Schiavo's case is a personal fight." Meanwhile, The Tampa Tribune reports today that "Deadline Nears In Schiavo Case." "Supreme Court Calendar": Online at Forbes.com, Christopher Buckley imagines more wacky, controversial U.S. Supreme Court rulings (via "Life, Law, Libido"). Posted at 07:20 AM by Howard Bashman "Tribe Opposes Appeals Court Nominee; Indians say William Myers lied at 9th Circuit confirmation hearings about actions he took while serving as Interior's top lawyer": Henry Weinstein has this article today in The Los Angeles Times. This morning, the Senate Judiciary Committee is scheduled to hold an executive business meeting during which the committee is likely to vote on the nomination of William Gerry Myers III to the U.S. Court of Appeals for the Ninth Circuit. In related news and commentary, today The Boston Globe contains an editorial entitled "Again, no to this nominee." The Washington Post contains an editorial entitled "Three Nominees." The Washington Times reports that "Reid strategy called 'desperation.'" The newspaper also contains an essay by Gary J. Andres entitled "Majority rule on judges." The Herald-Dispatch of Huntington, West Virginia reports that "Byrd blasts rule change drive; W.Va. senator urges others to fight GOPeffort to alter Senate procedure." The Standard-Times of New Bedford, Massachusetts reports that "Parties spar over GOP bid to end filibusters for judicial nominees." Investor's Business Daily contains an editorial entitled "On Going Nuclear." The Daytona Beach News-Journal contains an editorial entitled "Return of checks and balances; U.S. Senate to President Bush: Give extremism a rest." In The Oregonian, columnist David Reinhard has an essay entitled "Judge not lest ye be ... filibustered." And at FrontPageMagazine.com, Michael Reagan has an essay entitled "The Party of Obstruction." "Chief judge calls for more security; Handle with care, says federal judge": This article appears today in The Chicago Sun-Times. The Chicago Tribune reports today that "Chief U.S. judge here warns of jurors' fears." In addition, public editor Don Wycliff has an essay entitled "Slayings that gripped all of America." And The Washington Post reports that "Violence Spurs a Closer Look at Judges' Safety." The Houston Chronicle is reporting: Today's newspaper contains articles headlined "Rider tells a stark story of fatal trip; Witness says Williams ignored immigrants' cries from inside trailer" and "Family shows support for trucker on trial for his life." Posted at 06:45 AM by Howard Bashman Wednesday, March 16, 2005 In Thursday's edition of The New York Times: An article will report that "Group Offers Blueprint for Courthouse Security." In technology-related news, "As File Sharing Nears High Court, Net Specialists Worry" and "BlackBerry Maker to Pay $450 Million to Settle Patent Fight." From Florida, "In Schiavo Case, Notoriety Finds Unlikely Judge." In other news, "Scott Peterson Sentenced to Death for Killing Pregnant Wife." And an article will report that "Planned Parenthood Sues Over Records Request in Indiana." "Legal outcome could hang on sex-bias issue; Does marriage law discriminate based on gender precept?" Bob Egelko has this article today in The San Francisco Chronicle. In The Sacramento Bee, legal affairs writer Claire Cooper has an article headlined "Gay marriage: The great (legal) divide; Some courts cite a rights struggle; others reject that comparison." And Law Professor Tobias Barrington Wolff has an op-ed in The Los Angeles Times entitled "Different Battle, Same Struggle; But equating gay plight and black history goes too far." "Judge: State court security is flawed." This article appears today in The Sacramento Bee. Posted at 11:32 PM by Howard Bashman "Dems Launch Pre-emptive Strike Before Myers Vote": FOXNews.com provides this report. Posted at 11:30 PM by Howard Bashman Maybe I need to read The Philadelphia Inquirer more often even when it's not quoting me: A reader emails to advise that my hometown newspaper today contains dueling editorial on the "nuclear option." Tom Barrett has an op-ed entitled "Nominees deserve an up-or-down vote," while Law Professor Bruce Ackerman has an op-ed entitled "Play by the rules; 'Option' a bad idea." Today's Inquirer also contains an editorial entitled "The Bloggers' Awards: Medium, well done." "NYC Law on Equal Benefits Struck Down": The Associated Press provides this report on a ruling that the New York Supreme Court, Appellate Division, First Department issued yesterday. Posted at 11:20 PM by Howard Bashman Marine Corps creed T-shirt ruling now available online: Via Eugene Volokh, I see that last Thursday's ruling of the U.S. District Court for the Northern District of Indiana can be accessed at this link. I previously collected press coverage of the ruling here. Posted at 11:11 PM by Howard Bashman "Girl Fight: The marginalized debate over female opinion writers." Dahlia Lithwick has this essay online today at Slate. Posted at 11:08 PM by Howard Bashman When Michael Chertoff served as a judge on the U.S. Court of Appeals for the Third Circuit, his subordinates knew better than to post confidential documents to the internet: Lara Jakes Jordan of The Associated Press reports today that "Terror Report Release Called a Mistake." That mistake led to a front page article headlined "U.S. Report Lists Possibilities for Terrorist Attacks and Likely Toll" in today's edition of The New York Times, accompanied by a graphic titled "15 Nightmares for Disaster Planning." In other coverage, Frank Davies of Knight Ridder Newspapers reports that "Americans must accept threat of terror attack, Chertoff says." From Hawaii, The AP has a report headlined "Hawai'i official: Security report not marked confidential." And Thursday's edition of The New York Times will contain an article headlined "New Homeland Security Chief Plans Retreat From 'Sky Is Falling' Approach to Terror." The Associated Press is reporting: Now available online are articles headlined:
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