|
|
|
Friday, March 31, 2006 Available online from law.com: Tony Mauro reports that "Congress Focuses on Cameras at the High Court." In other news, "Harvard Law Takes a Hit in 'U.S. News' Rankings." And the brand new installment of my "On Appeal" column is headlined "Who's on the Argument Panel: Why Ignorance Isn't Bliss." "To a New Lingo: Liberal senators could use a makeover if they want to stop the next conservative nominee from sliding onto the Supreme Court." Dahlia Lithwick will have this essay in the April 2006 issue of The American Lawyer. Posted at 10:10 PM by Howard Bashman Discrimination against a transsexual can violate Title VII's proscription of discrimination "because of...sex": The U.S. District Court for the District of Columbia today issued this ruling in a lawsuit in which a a male-to-female transsexual sued the Library of Congress for sex discrimination. The ACLU provides additional background about the case. Posted at 05:24 PM by Howard Bashman "Attorney files ethics complaint over Johnson comments": The St. Paul Pioneer Press provides a news update that begins, "A crusading conservative attorney Friday filed an ethics complaint against current Minnesota Supreme Court justices and the former chief justice regarding comments Senate Majority Leader Dean Johnson made about them." And The Associated Press reports that "Complaint filed against justices over Johnson flap." "The New Republic on Tom Goldstein": This post appears today at "OrinKerr.com." Posted at 04:30 PM by Howard Bashman "Court: Suit Against Merck Can Go Forward." The Associated Press provides a report that begins, "Merck & Co. suffered a significant legal setback Friday when an appeals court ruled a nationwide class-action lawsuit can go forward that allows health insurers and others to sue to recover the billions of dollars they spent on Vioxx." And Reuters reports that "Court upholds Vioxx class action against Merck." You can access today's ruling of the Superior Court of New Jersey, Appellate Division, at this link. "Bid to 'Court Proof' S.D. Abortion Ban May Be in Vain": This segment (RealPlayer required) appeared on today's broadcast of NPR's "Day to Day." Posted at 04:00 PM by Howard Bashman Three-judge panel of the U.S. Court of Appeals for the Federal Circuit decides Zoltek Corp. v. United States, the F-22 stealth fighter patent infringement case: The result is 74 pages of opinions, consisting of a per curiam opinion, two concurring opinions (in which the authors debate whether the Federal Circuit's earlier opinion in NTP, Inc. v. Research in Motion, Ltd. was correctly decided), and a dissent. The dissenting opinion begins: There are two separate though related issues in this case, both matters of first impression. One is of major significance to our understanding of the constitutional obligations of the United States; both relate as well to important rights of patent owners. The first issue is, may an owner of a United States patent bring a cause of action under the Fifth Amendment to the Constitution against the United States for a 'taking' as all other owners of property rights may; or is a patent right somehow less of a property interest, not worthy of such constitutional protection? Until this case, this issue has never been addressed directly by this or any other court.You can access the complete decision at this link. Posted at 03:15 PM by Howard Bashman "Affirmative action ban up to voters now; Battle over change to state constitution likely to be tough one": This article appears today in The Detroit Free Press. And The Detroit News today contains an article headlined "Mich. Supreme Court puts affirmative action into voters' hands; Justices refuse to review the issue, clearing the way to put the controversial measure on the fall ballot." "Netflix Judge Changes Mind On Lawyer Fees": Josh Gerstein has this article today in The New York Sun. Speaking of which, my latest Netflix return, "The Squid and the Whale," is well-worth viewing, for the reasons David Denby explains in his review for The New Yorker. Access online the audio file of this week's Ninth Circuit oral argument in Raich v. Gonzales: You can download the file via this link (Windows Media Player format). Law Professor Randy E. Barnett argued the case on behalf of the plaintiff. My earlier coverage is here. Posted at 12:20 PM by Howard Bashman "Kennel Owner Won't Sell Puppy to Lesbian": The Associated Press provides this report. Posted at 12:14 PM by Howard Bashman Seventh Circuit rejects challenge of retired United Airlines pilots to the elimination in bankruptcy of their contractual pension rights: Today's ruling, written by Circuit Judge Richard A. Posner, can be accessed here. Posted at 12:11 PM by Howard Bashman Not to minimize the value of a properly-formatted federal appellate court brief: The U.S. Court of Appeals for the Sixth Circuit appointed appellate counsel under the Criminal Justice Act to represent a federal prisoner pursuing an appeal from the denial of the prisoner's habeas corpus action. Yet, according to a dissenting opinion filed today, the attorney did little more than ensure that the prisoner's pro se appellate brief was properly formatted. The majority proceeds to address and reject the merits of the appeal, while the dissent would appoint replacement appellate counsel to brief and argue the matter anew. Posted at 11:50 AM by Howard Bashman "A BILL To permit the televising of Supreme Court proceedings." You can access the text of the legislation, as reported yesterday in the U.S. Senate, by clicking here. Posted at 11:42 AM by Howard Bashman "A Taxonomy of Legal Blogs": The blog "3L Epiphany" has completed its impressive list of legal blogs. Posted at 11:24 AM by Howard Bashman In today's mail: A bobblehead doll depicting the shortest-serving Chief Justice of the United States in history. Posted at 11:22 AM by Howard Bashman Tom Goldstein of "SCOTUSblog" is on the cover of the April 10, 2006 issue of The New Republic: You can view an image of that issue's cover by clicking here. According to the article, written by Noam Scheiber, "[I]f the proper measure of influence is the extent to which one has shaped the Court's norms and culture, then there is no debate at all. It's not Roberts's Court, nor even Stevens's. It is Tommy Goldstein's." The article's text is not yet freely available online. "Because the Fourth Amendment already has more holes in it than a piece of Swiss cheese and the panel's decision adds another errantly-fired cannon-ball sized hole, I dissent from the Court's decision denying rehearing en banc." So writes Circuit Judge Boyce F. Martin, Jr. in dissenting today from the U.S. Court of Appeals for the Sixth Circuit's decision to deny rehearing en banc of a ruling that I first reported on last December in a post titled "Putting a number on probable cause." Posted at 10:32 AM by Howard Bashman "Skilling Lawyer Could Be Key for Lay, Too": This article appears today in The Washington Post. The Chicago Tribune today contains an article headlined "Skilling's faith firm in storm of Enron; Weatherman supports his younger brother Jeffrey in fraud trial." The Houston Chronicle reports today that "Barge verdicts may not stand; Defendant's release may signal overturning of convictions." And The New York Times reports today that "Judges Order Release on Bail for Ex-Broker in Enron Case." "Judge Visits San Quentin Execution Site; The jurist who ordered changes in the lethal injection method tours the death chamber": Henry Weinstein has this article today in The Los Angeles Times. In The San Francisco Chronicle, Bob Egelko reports today that "Judge visits San Quentin prison's death chamber; Head of execution team testifies about injection procedures." And in The San Jose Mercury News, Howard Mintz reports that "Judge gets execution site tour; San Quentin visit is prelude to May death penalty hearing." "At Sept. 11 Trial, Tale of Missteps and Management": The New York Times contains this article today. The Washington Post reports today that "Moussaoui Jury Pauses For Query, Resumes; Panel Is Deciding If 9/11 Conspirator Is Eligible for Death." The newspaper also contains an editorial entitled "Mr. Moussaoui's Confession: His testimony confirms the government's case; But is it true?" The Los Angeles Times reports that "'Weapons of Mass Destruction' Defined for Moussaoui Jury." The Richmond Times-Dispatch reports that "Jurors deliberate Moussaoui's fate; They pause to request a definition of 'weapon of mass destruction.'" And The Associated Press provides reports headlined "Deliberations Continue in Moussaoui Trial" and "Moussaoui Case Tests Judge's Patience." "Catholic billionaire envisions city of God; The founder of Ave Maria, Fla., plans a university and town devoted to strict religious values": This article appears today in The Chicago Tribune. Posted at 07:24 AM by Howard Bashman "Massachusetts Curb on Gay Marriage Upheld; The state's highest court rules that municipal clerks must heed a 1913 law that prohibits the issuing of licenses to out-of-state couples": The Los Angeles Times contains this article today. The Boston Globe today contains articles headlined "Mass. can bar marriage for nonresident gay couples; SJC rules that home state's laws prevail"; "Ruling shrinks issue to those from states without explicit ban"; and "For Reilly, victory may be incomplete; Legal win could be political loss in gubernatorial race." The Boston Herald reports that "Gay-wed opponents cheered by SJC ruling." The newspaper also contains an editorial entitled "Marriage muddle a slippery slope." And The Washington Times reports that "Non-state gays cannot 'marry.'" "Retrial Has A Dramatic Conclusion; Guilty Verdict Leads To Lentz Outburst": This front page article appears today in The Washington Post. Posted at 07:10 AM by Howard Bashman "Intelligence Redo Is Harshly Judged; A Judge Critiques 9/11 Overhaul, and Finds It Top-Heavy": The Washington Post today contains an article that begins, "U.S. Court of Appeals Judge Richard A. Posner sharply criticized the restructuring of U.S. intelligence agencies last week, telling CIA lawyers that the overhaul has done nothing to rectify flaws exposed by al-Qaeda's Sept. 11, 2001, attacks and that the changes 'in the end ... will amount to rather little.'" Posted at 07:08 AM by Howard Bashman "How Do You Solve the Problem of Scalia? The razor-thin line between obscenity and bad judgment." Dahlia Lithwick has this jurisprudence essay online at Slate. Posted at 07:04 AM by Howard Bashman "More Subpoenas in Suit Over Obscenity Law": The New York Times today contains an article that begins, "Both the Justice Department and the American Civil Liberties Union confirmed yesterday that they had requested and received information from Internet service providers and software makers in connection with an A.C.L.U. lawsuit challenging an anti-pornography law." Posted at 07:00 AM by Howard Bashman "Church fires photog over Scalia picture; Freelancer pays for 'right thing'": Today's edition of The Boston Herald contains an article that begins, "A freelance photographer has been fired by the Archdiocese of Boston's newspaper for releasing a picture of U.S. Supreme Court Justice Antonin Scalia making a controversial gesture in the Cathedral of the Holy Cross on Sunday." Posted at 06:54 AM by Howard Bashman "Court will look at retaliation in sex bias cases": This article appears today in The Boston Globe. Posted at 06:50 AM by Howard Bashman "Wash. Website Owner Wins Free Speech Case": The Associated Press provides a report that begins, "The state Supreme Court ruled Thursday a trial judge overreached his authority when he restricted a man from posting information on a Web site." You can access yesterday's ruling of the Washington State Supreme Court at this link. "Maloney Wins Support of ACLU For Regulation of Abortion Ads": Josh Gerstein has this article today in The New York Sun. Posted at 06:38 AM by Howard Bashman "The Threshold Hurdles in the Lawsuit Alleging that the President Signed a Budget Bill the House Never Passed": Vikram David Amar has this essay online today at FindLaw. Posted at 06:33 AM by Howard Bashman Thursday, March 30, 2006 "Little Italy judges Scalia's supreme gesture": CNN.com offers this video report. Posted at 11:14 PM by Howard Bashman Available online from law.com: Tony Mauro reports that "At International Law Convention, Justice Kennedy Focuses on Genocide." In other news, "N.Y. High Court Revives Felony Counts Rooted in Judge's Misconduct." An article reports that "Ga. Solo Challenges Courtroom Pledge; Attorney calls courtroom declaration of loyalty offensive and objectionable." And in news from Pennsylvania, Shannon P. Duffy reports that "$7.9M Bad Faith Verdict Upheld by Pa. Federal Judge." Available online from National Public Radio: This evening's broadcast of "All Things Considered" contained segments entitled "Massachusetts Court Limits Gay Marriage to Residents" and "Government Won't Release NSA Information to Attorneys." Today's broadcast of "Talk of the Nation" contained a segment entitled "Massachusetts Gay Marriage Decision." And today's broadcast of "Day to Day" contained a segment entitled "Slate's Jurisprudence: Jury Holds Moussaoui's Fate" (featuring Dahlia Lithwick). RealPlayer is required to launch these audio segments. "Massachusetts Court Limits Gay Unions": This article will appear Friday in The New York Times. And The Washington Post on Friday will report that "Mass. Court Sets Limit On Same-Sex Marriage Law." Fifth Circuit rejects habeas appeal challenging federal criminal convictions of former Louisiana Governor Edwin Edwards: You can access today's ruling of the U.S. Court of Appeals for the Fifth Circuit at this link. Posted at 08:58 PM by Howard Bashman "Levin should give OK to judge nominee deal; GOP will offer Democratic appointments to break logjam": This editorial appears today in The Detroit News. Posted at 05:18 PM by Howard Bashman How groovy was this week's Ninth Circuit reargument on remand from the U.S. Supreme Court in the medicinal marijuana case known as Raich v. Gonzales? Not all that groovy for the plaintiff, if this report (which I first noted here) published earlier this week in The Sacramento Bee is to be believed. Ordinarily, the Ninth Circuit would have posted online the oral argument audio by now, but the audio of this particular oral argument isn't yet available via that court's web site. Perhaps there's something poetic about slacking-off in a marijuana-related case. "Why Hamdan is Right about Conspiracy Liability": Law Professor David Scheffer today has this op-ed online at Jurist's "Forum." Posted at 04:25 PM by Howard Bashman "Senate Committee OKs Supreme Court Cameras": The Associated Press provides this report. Some other results from today's executive business meeting of the Senate Judiciary Committee are noted in this comment posted at "Confirm Them." Posted at 04:24 PM by Howard Bashman Available online from National Public Radio: Today's broadcast of "Day to Day" contained segments entitled "Justice Scalia's Under-the-Chin Gesture" and "South Dakota's Abortion Ban, Part 1." And today's broadcast of "Morning Edition" contained segments entitled "Closing Arguments Take Stage at Moussaoui Sentencing Trial" and "Former Federal Prosecutor Indicted for Trial Conduct." RealPlayer is required to launch these audio segments. L. Ralph Mecham, director of the Administrative Office of the U.S. Courts, is a 2006 National Public Service Award Winner: Details are available at this link. Posted at 04:00 PM by Howard Bashman "It's final: Affirmative action issue on November ballot." The Detroit Free Press provides a news update that begins, "The proposal to ban the use of race and gender in hiring and admissions by government and public universities will go before voters November 7 under an order issued Thursday by the Michigan Supreme Court." And The Associated Press reports that "Mich. Voters to Decide Affirmative Action." "'Sopranos' stars divided on bawdy body language": The Boston Herald, refusing to take to heart Justice Antonin Scalia's suggestion that the newspaper's staffers are relying too heavily on the HBO program "The Sopranos," today contains (in addition to the items I noted here earlier today) an article headlined "'Sopranos' stars divided on bawdy body language." The article begins, "Supreme Court Justice Antonin Scalia says anybody who thinks his Sicilian gesture was obscene has been watching 'too many episodes of "The Sopranos,"' but a star of the TV mob hit says such body language is just as injudicious in real life." "Court: Gays Can't Come to Mass. to Marry." The Associated Press provides this report. Posted at 03:25 PM by Howard Bashman Programming note: I will be attending this interesting CLE course midday today in Philadelphia. Additional posts will appear here this afternoon. Update: The CLE panelists were indeed quite interesting. For those looking to connect a voice to the blogger, it was I who asked the panelists toward the end of the program for their thoughts on the current controversy over the U.S. Supreme Court's citation to foreign law, and whether the panelists thought that the Court's rulings in either the homosexual sodomy case from Texas or the juvenile death penalty case from Missouri would have come out differently had the majorities in those cases not relied on foreign law. BREAKING NEWS -- "SJC upholds law barring out-of-state gay couples from marriage": The Boston Globe provides this news update. Today's ruling of the Supreme Judicial Court of Massachusetts can be accessed at this link. "Moussaoui Sentencing Case Goes to the Jury": Neil A. Lewis has this article today in The New York Times. The Washington Post today reports that "In Closing, Moussaoui Trial Rests On His Lies; A Role Reversal Redux As Jury Gets Terror Case." The Los Angeles Times reports that "Moussaoui Case Goes to Jury; Prosecutors contend his silence aided the 9/11 plot; The defense says he inflated his importance." And The Richmond Times-Dispatch reports that "Jurors start to deliberate at trial for Moussaoui; Prosecutors urge them to buy his testimony; defense calls client a liar." "Supreme Court hears eBay patent case; Auctioneer seeks to keep using fixed-price technology": Joan Biskupic has this article today in USA Today. The Washington Post today reports that "High Court Considers EBay Case On Patent; Issue May Spur Changes to System." The San Jose Mercury News reports that "EBay patent dispute heard; Supreme Court weighs auction giant's request to limit injunctions." And The San Francisco Chronicle reports that "Bay Are tech companies turn focus on litigation; EBay asks Supreme Court to reject patent claim on Buy It Now feature." "Photographer: Herald got it right." The Boston Herald today contains an article that begins, "Amid a growing national controversy about the gesture U.S. Supreme Court Justice Antonin Scalia made Sunday at the Cathedral of the Holy Cross, the freelance photographer who captured the moment has come forward with the picture." The photograph can be viewed by clicking here or here. That newspaper today also contains an editorial entitled "Here we get the last word." "Judge to hold hearing at San Quentin to examine execution plan; Group will review plans to cut risk of painful procedure": Bob Egelko has this article today in The San Francisco Chronicle. Posted at 07:20 AM by Howard Bashman "Scalia could do justice to the moodza": Columnist John Kass has this op-ed today in The Chicago Tribune. Posted at 07:18 AM by Howard Bashman "Bill Would Speed Challenge to Surveillance": The New York Times today contains an article that begins, "Senator Charles E. Schumer, Democrat of New York, introduced a bill Wednesday that would put lawsuits challenging the National Security Agency's domestic surveillance program on a fast track to the Supreme Court." Posted at 07:14 AM by Howard Bashman "Court Rules Against Democrat in Leak of Tape": This article appears today in The Washington Post. Posted at 07:12 AM by Howard Bashman "Supreme Court Hears Arguments Over Foreigners' Rights in U.S.": Linda Greenhouse has this article today in The New York Times. And in The Washington Post, Charles Lane reports that "Court Hears Arguments In Consular Access Case." "The Real Chief Justice Roberts: Conciliator or Divider? A Recent Fourth Amendment Holding Indicates That He May Be More Like Rehnquist Than Previously Thought." FindLaw commentator Edward Lazarus has this essay today. Posted at 06:45 AM by Howard Bashman Wednesday, March 29, 2006 On this evening's broadcast of NPR's "All Things Considered": The broadcast contained segments entitled "Court Considers Burden of Telling Foreigners Their Rights" (featuring Nina Totenberg) and "Closing Arguments Heard in Moussaoui Sentencing." RealPlayer is required to launch these audio segments. Posted at 11:24 PM by Howard Bashman "Supreme Court hears eBay patent case": Joan Biskupic will have this article Thursday in USA Today. The San Jose Mercury News provides an update headlined "Supreme Court wades into high-tech patent thicket." And Investor's Business Daily reports that "Supreme Court's eBay Patent Right Case Has Both Sides Saying Innovation At Risk." Available online from law.com: Shannon P. Duffy has an article headlined "Who's the Shark Now? 'Candygram' Case Delivers Good News for Criminal Defense; Much-talked-about 3rd Circuit victory comes in case nicknamed for classic 'Saturday Night Live' skit." And in other news, "N.Y. High Court Finds 'Crawford' Violation in Affidavit Admission; Landmark Supreme Court ruling found to bar affidavit's use in license case." "Sniper suspect ruled competent; Muhammad may represent self, judge rules; trial starts May 1": This article will appear Thursday in The Baltimore Sun. The Washington Post on Thursday will contain an article headlined "Judge: D.C. Sniper Can Represent Himself." And The Associated Press reports that "Md. Judge to Let Muhammad Be Own Lawyer." "Analysis: no penalty for patent 'trolls.'" Lyle Denniston has this post at "SCOTUSblog." Demonstrating that humor does not necessarily benefit from analysis, Denniston writes, "[Carter G. Phillips] and Kennedy had a somewhat amusing exchange over whether 'troll' meant the ogre under a bridge, or someone fishing for something. Being present in the courtroom added a bit to the sense that this was funny." Posted at 05:55 PM by Howard Bashman Access online the transcript of yesterday's U.S. Supreme Court oral argument in Hamdan v. Rumsfeld, No. 05-184: The Court has posted the transcript at this link. At page 10, the transcript establishes that Scalia-Alito is the new O'Connor-Ginsburg. "Alliance for Justice Launches New Project Monitoring the Federal Judiciary; Full Court Press to Provide Timely Updates on Court Decisions to Ordinary Americans": Alliance for Justice has issued a press release (full text not yet available online) announcing the organization's launch of a blog titled "Full Court Press." The blog's subtitle states, "Full Court Press will keep you up-to-date about the rapidly increasing number of judicial opinions that unjustifiably restrict rights, undermine legal protections, and adversely affect real people." Posted at 05:15 PM by Howard Bashman "Moussaoui Death-Penalty Case Heads to Jury": The Associated Press provides a report that begins, "The death-penalty case against al-Qaida conspirator Zacarias Moussaoui went to the jury Wednesday after the prosecution asserted his lies were responsible for deaths Sept. 11, 2001, and the defense argued he had no part in the plot." In addition, The AP offers "Sketches of Moussaoui's Jurors." "Supreme Court Hears High-Stakes Patent Fight": law.com's Tony Mauro provides this news update. Posted at 04:25 PM by Howard Bashman "Juror Backgrounds Get Increased Scrutiny": The Associated Press provides this report. Posted at 04:15 PM by Howard Bashman "Supreme Court hears eBay's patent appeal": c|net News.com provides this report. Posted at 03:30 PM by Howard Bashman "The Marketplace Report: Prosecutors Rest Enron Case." This segment (RealPlayer required) appeared on today's broadcast of NPR's "Day to Day." Posted at 03:22 PM by Howard Bashman Dr. Speaks' right to speak imperiled no longer: Today a unanimous three-judge panel of the U.S. Court of Appeals for the Fifth Circuit ruled in favor of the First Amendment commercial speech rights of chiropractor Kirtland Speaks in his challenge to a Louisiana law regulating solicitation of prospective patients. You can access today's ruling at this link. Posted at 03:14 PM by Howard Bashman "Prosecution: Moussaoui Killed With Lies." The Associated Press provides this report. And The Washington Post provides a news update headlined "Prosecution: Moussaoui 'Lied With Lethal Intent'; Case to Go to Jury Today." "Federal grand jury indicts Convertino over handling of terrorism case": The Detroit News provides an update that begins, "Richard G. Convertino, the one-time federal prosecutor who triumphantly won two convictions in the nation's first terror trial after September 11, was formally indicted today on charges that he built that case on perjury and deception." The Detroit Free Press provides a news update headlined "Former U.S. Attorney Richard Convertino indicted." The Freep has also posted online the indictment. And the U.S. Department of Justice has issued a press release entitled "Ex Federal Prosecutor, State Dept. Agent Indicted for Obstruction of Justice and Presenting False Evidence in Terrorism Trial." "Supreme Court Hears eBay Patent Fight": The Associated Press provides this report. And Reuters reports that "Justices skeptical of curtailing patent rights." As I previously noted here, attorney Carter G. Phillips argued on behalf of petitioner[d]. "Judge tosses Log Cabin Republicans Don't Ask Don't Tell lawsuit": PageOneQ provides this report. Last week's ruling of the U.S. District Court for the Central District of California can be accessed here, while the plaintiff's original complaint is available at this link. Posted at 02:25 PM by Howard Bashman "Analysis: how to enforce an international right." Lyle Denniston has this post at "SCOTUSblog." Posted at 01:50 PM by Howard Bashman Better late than never? The Times of London last week reported that "'Flatulent chair' at bottom of teacher's sex bias claim." In other coverage, The Telegraph (UK) last week published an article headlined "My whoopee cushion chair drove me to despair, says deputy head." And The Sun (UK) published an article last week headlined "Blown out by noisy chair." "Justices Hear Challenge to Plan For Guantanamo-Prisoner Trials": Jess Bravin has this article (pass-through link) today in The Wall Street Journal. Posted at 01:44 PM by Howard Bashman "Justices Weigh Foreign Defendants' Rights": The Associated Press provides this report. Posted at 12:54 PM by Howard Bashman "Justices Hint That They'll Rule on Challenge Filed by Detainee": Linda Greenhouse has this article today in The New York Times. Today in The Los Angeles Times, David G. Savage reports that "Court Appears Wary of Terror War Tribunals; Most justices seem open to a prisoner's claims that new presidential powers go too far." The newspaper also contains an editorial entitled "The law vs. the government." In USA Today, Joan Biskupic reports that "High court scrutinizes military tribunals plan for detainees; Justices challenge notion that law voided their jurisdiction." In The Boston Globe, Charlie Savage reports that "Detainee's lawyer asks high court to reject military panel trial; Case tests limits on Bush's power." In The Houston Chronicle, Patty Reinert reports that "Justices question trials for terror suspects; Court to decide by July if military tribunal can try bin Laden's driver." The Chicago Tribune reports that "Justices weigh plea of detainee at Guantanamo; Bin Laden's driver seeks day in court." The Miami Herald reports that "Justices hear tribunal challenge; The Supreme Court heard the case of Osama bin Laden's former driver who is challenging President Bush's right to try him before a military commission." The Washington Times reports that "Tribunal said to violate Geneva." Financial Times reports that "Justices cast doubt on validity of Guantanamo commissions." The Guardian (UK) contains an article headlined "Guantanamo's day of reckoning in supreme court; Case pits presidential powers against law of war; Detainee argues tribunals are unconstitutional." The Telegraph (UK) reports that "Bin Laden's ex-chauffeur challenges Bush in court." The Yale Daily News reports that "Supreme Court hears Hamdan arguments; Justices intensely question solicitor general, who argued against extending rights of detainees." And The Washington Post reports that "Record Shows Senators' 'Debate' That Wasn't." "Judge Knot": Online today at The American Spectator, Quin Hillyer has an essay that begins, "The utter cluelessness of the Republican majority in the U.S. Senate continues to show itself in the Senate's continuing refusal to move forward with confirmation of federal judges, especially to the circuit courts of appeal." Posted at 12:30 PM by Howard Bashman On today's broadcast of NPR's "Morning Edition": The broadcast contained segments entitled "High Court Voices Skepticism of President's Tribunals" (featuring Nina Totenberg) and "Senate Takes Step Closer to Domestic Spying Oversight." RealPlayer is required to launch these audio segments. Posted at 11:35 AM by Howard Bashman "Scalia seeks Justice over gesture": The Boston Herald today contains an article that begins, "Famously feisty Supreme Court Justice Antonin Scalia yesterday denied that he made an obscene gesture Sunday inside the Cathedral of the Holy Cross, accusing the Herald staff of 'watching too many Sopranos episodes.'" You can access the text of Justice Antonin Scalia's letter to the editor of The Boston Herald at this link, while an image of the letter is available here. And in other coverage, The Associated Press reports that "Justice Scalia Chastises Boston Newspaper." "Jury to consider if Moussaoui's lies cost lives; Deliberations to start Wednesday": CNN.com provides this report. Posted at 11:20 AM by Howard Bashman "New allegation on Moussaoui; He offered to help prosecution in bid for better treatment in jail, court is told": This article appears today in The Sacramento Bee. Posted at 10:18 AM by Howard Bashman The Associated Press is reporting: Now available online are articles headlined "High Court Weighs in on EBay Patent Fight" and "High Court to Mull Suspects' Treaty Rights." Posted at 10:04 AM by Howard Bashman "Ebay in court to defend patent charges": Financial Times provides this report. Posted at 09:08 AM by Howard Bashman "Judge in Illinois Graft Case Denies Request for Mistrial": The New York Times contains this article today. The Chicago Tribune today contains articles headlined "Ryan jury starts over with 2 new members; Door remains open on possible mistrial" and "Thoughtful, not quick to judge." In addition, columnist John Kass has an op-ed entitled "With mistrial in air, Ryan judge says 'no.'" And The Chicago Sun-Times contains articles headlined "2 jurors replaced with alternates" and "Don't bet jurors will start from scratch: experts." "Lawmaker loses phone tape appeal": This article appears today in The Washington Times. The Cleveland Plain Dealer reports today that "Court sides with Boehner on taped call." The Cincinnati Enquirer reports that "Taped call case wins Boehner $700,000." The Seattle Post-Intelligencer reports that "Court rebuffs McDermott; Appeals panel upholds judgment in wiretapping lawsuit." The Seattle Times reports that "Appeals court rules against McDermott." And The Hill reports that "Court backs Boehner in McDermott suit." My earlier coverage is here. "Enron prosecutors rest case; Some charges dropped in effort to streamline case against Lay, Skilling": The Houston Chronicle contains this article today. And Mary Flood has an article headlined "Prosecution rests — How did it perform; Legal experts say the feds laid out a solid case, but Lay and Skilling 'could still walk away.'" The New York Times today contains articles headlined "Enron Prosecutors Drop Some Charges and Rest Case" and "Lay Lawyer Had Emergency Heart Procedure Last Week." The Washington Post reports that "Enron Trial Made Simpler; Accounting Chief's Plea Cut Details." And USA Today reports that "Act 1 of Enron case wraps up; Prosecutors rest; defense goes to work on Monday." "Moussaoui Offered to Implicate Himself; In Trade, 9/11 Figure Sought Better Jail Conditions Until Execution, Jury Is Told": This front page article appears today in The Washington Post. Today in The New York Times, Neil A. Lewis reports that "Defense Tries to Undo Damage Moussaoui Did." The Los Angeles Times reports that "FBI Agent Says Moussaoui Was Looking to Make a Deal; In testimony, he details a secret negotiation at a Virginia jail; He says the terrorist offered to help prosecutors in order to avoid the death penalty." And The Richmond Times-Dispatch reports that "Moussaoui case almost to jurors; Defense rests after trying to undermine testimony of their al-Qaida client." "Muhammad 'Psychotic,' Medical Assessment Says": The Washington Post today contains an article that begins, "Sniper John Allen Muhammad is not competent to stand trial, his attorneys argued in a motion filed yesterday along with a psychiatric evaluation that says the defendant should not be allowed to defend himself during his murder trial because he is 'psychotic, delusional' and 'paranoid.'" Posted at 07:33 AM by Howard Bashman "Judges support review of NSA spying program; 5 ex-members say secret court should oversee it": This article appears today in The Baltimore Sun. And The Washington Times reports today that "FISA judges say Bush within law." In today's edition of The New York Times: The newspaper contains an article headlined "Judges on Secretive Panel Speak Out on Spy Program." Adam Liptak reports that "Ex-Prisoners With Court Debt Must Have Vote, Judge Rules." And an article is headlined "Teaching the Bible in Georgia's Public Schools." "Senators End Right to Derail Votes Secretly; Nearing a vote on ethics and lobbying rules that many say are too weak, they also defeat a bid to create an independent public integrity office": The Los Angeles Times today contains an article that begins, "The Senate on Tuesday voted to strip its members of the power to secretly place a "hold" on legislation they oppose, a parliamentary tool that has allowed a single senator to derail bills or nominations while leaving no fingerprints." Posted at 07:18 AM by Howard Bashman "Judicial Review": Monday's edition of The Wall Street Journal contained an editorial that stated, "It's been two months since Samuel Alito was confirmed to the Supreme Court and it's past time Senate Republicans got back to work confirming appeals-court judges." (Via "Confirm Them"). Posted at 07:04 AM by Howard Bashman "Supreme Court Hears War Powers Case": This segment (transcript with link to audio) appeared on yesterday evening's broadcast of the PBS program "The NewsHour with Jim Lehrer." Posted at 06:58 AM by Howard Bashman On yesterday evening's broadcast of NPR's "All Things Considered": The broadcast contained segments entitled "Supreme Court Questions Military Trials for Detainees" (featuring Nina Totenberg) and "Moussaoui Attorneys Try to Salvage Defense." RealPlayer is required to launch these audio segments. Posted at 06:55 AM by Howard Bashman Available online from law.com: Tony Mauro reports that "Military Tribunal Case Comes Before Skeptical Supreme Court." In other news, "Erasing Computer Files Might Create Employee Liability." An article reports that "2nd Circuit Criticizes Attorney for Failure to File Notice of Appeal." In news from Texas, "Judge Dismisses Several Charges Against Lay, Skilling." And an article reports that "Pa. Superior Court Throws Out $52,000 in Sanctions in Med-Mal Case." Tuesday, March 28, 2006 "Court hears challenge to tribunals; Scalia stays on case despite public remarks": CNN.com provides this report. Posted at 09:55 PM by Howard Bashman "Supreme Court to hear patent injunction case": c|net News.com provides this report. Posted at 09:08 PM by Howard Bashman "Supreme Court Justices Question Law on Detainee Trials": Linda Greenhouse of The New York Times provides this news update. And in Wednesday's edition of The Washington Post, Charles Lane will have an article headlined "Case Tests Power of Judiciary, President; Military Tribunals' Legality Is Debated." "Supreme Court hears challenge to military tribunals": Carol Rosenberg of The Miami Herald provides this news update. Posted at 08:25 PM by Howard Bashman "Because I Say So: The Supreme Court takes the military tribunals out for a spin." Dahlia Lithwick has this Supreme Court dispatch online at Slate. Posted at 08:24 PM by Howard Bashman "Ryan trial deliberations to resume": The Chicago Tribune provides a news update that begins, "A federal judge announced this afternoon that she had rejected a defense request for a mistrial, added two alternates to the jury and planned to restart the deliberations in former Gov. George Ryan's trial." The Chicago Sun-Times provides a news update headlined "Ryan judge replaces dismissed jurors." And The Associated Press reports that "Two Jurors Replaced at Ex-Ill. Gov. Trial." "High Court Hears Challenge to Military Tribunals": This lengthy segment (RealPlayer required) appeared on today's broadcast of NPR's "Talk of the Nation." And today's broadcast of the public radio program "Here & Now" contained a segment entitled "Michael Isikoff on Scalia, GITMO" (RealPlayer required). "Justice O'Connor and the 'Right to Die': Constitutional Promises Unfulfilled." Law Professor Michael Patrick Allen has this essay (abstract with link to download) online at SSRN (via "Legal Theory Blog"). Posted at 05:10 PM by Howard Bashman "Military Tribunal Case Comes Before Skeptic Supreme Court": law.com's Tony Mauro provides this news update. Posted at 04:54 PM by Howard Bashman "Supreme Court Oral Argument: Hamdan v. Rumsfeld." You can now access online, on demand by clicking here (RealPlayer required) C-SPAN's broadcast of today's U.S. Supreme Court oral argument in Hamdan v. Rumsfeld. Posted at 04:50 PM by Howard Bashman "DeLay Says Justices 'Don't Get' Criticism": The Associated Press provides a report that begins, "Republican Rep. Tom DeLay said Tuesday that former and current Supreme Court Justices Sandra Day O'Connor and Ruth Bader Ginsburg 'don't get it' when they complain about conservative criticism of judges." Posted at 04:40 PM by Howard Bashman "Analysis: Hard day for government in Hamdan case." Lyle Denniston has this post at "SCOTUSblog." Posted at 04:12 PM by Howard Bashman "Justices Look Askance at War Tribunal Order": David G. Savage of The Los Angeles Times provides a news update that begins, "A Bush administration lawyer ran into sharp and skeptical questions from the Supreme Court today in defending the president's order to use specially arranged military tribunals for suspected war criminals." Posted at 03:25 PM by Howard Bashman On today's broadcast of NPR's "Day to Day": The broadcast contained segments entitled "Osama's Driver Takes Case to U.S. High Court" (featuring Dahlia Lithwick) and "Slate's Jurisprudence: Senate's Link to Hamdan" (featuring Emily Bazelon). RealPlayer is required to launch these audio segments. Posted at 03:22 PM by Howard Bashman "Law Blog = Blawg": In the current issue of Pennsylvania Law Weekly (produced by the folks who publish The Legal Intelligencer), Chelsea Gilbert has this front page article quoting not only several lawyers from Pennsylvania, but also some well-known law bloggers from across the Nation. Posted at 03:15 PM by Howard Bashman Mississippi sex toy litigation and Younger abstention: A reader has kindly sent along for posting a copy of the ruling of the U.S. District Court for the Southern District of Mississippi dismissing without prejudice a challenge to Mississippi's ban on sex toy sales. As I noted in a post from this morning, earlier this month the Fifth Circuit affirmed the district court's ruling. Posted at 02:40 PM by Howard Bashman "Why a Marriage Amendment is Necessary; Courts Continue to Redefine Marriage Despite Public Opposition": The Republican Policy Committee of the U.S. Senate issued this report today. Posted at 02:22 PM by Howard Bashman The Associated Press is reporting: Now available online are articles headlined "Congressman Loses Appeal in Phone Taping"; "Judge Weighs Jury Alternates in Ryan Trial"; and "Al-Qaida Plotters Dismiss Moussaoui's Role." Posted at 02:14 PM by Howard Bashman "Supreme Court Questions Military Trials": Gina Holland of The Associated Press provides this report. Posted at 01:35 PM by Howard Bashman Reader mail: A "How Appealing" reader who attended today's U.S. Supreme Court oral arguments emails: I arrived at 7:10 a.m., 14 persons were ahead of me in the Maryland Avenue line for the members of the SCT bar. There were at least 100 people on the front plaza and sidewalk, many of whom had evidently camped out overnight, but as there is no grass left due to the construction projects, it must have been uncomfortable sitting on the sidewalk for so long.I thank the reader very much for this thorough report. Posted at 01:33 PM by Howard Bashman "Some charges dropped as Enron prosecution rests; Government lawyers finish after eight weeks of testimony; defense lawyers for former executives to start their case Monday": CNNMoney.com provides this report. Posted at 01:23 PM by Howard Bashman "Padilla Judge Restricts Classified Info": The Associated Press provides a report that begins, "The federal judge overseeing the terrorism case against Jose Padilla imposed tight restrictions Tuesday on the handling of classified material to prevent disclosure of national security secrets when classified evidence is turned over to the defense." Posted at 01:00 PM by Howard Bashman "From the Court's Docket: Hamdan v. Rumsfeld." The Pocket Part, the online companion of The Yale Law Journal, has today posted online this article by Law Professor Neal Katyal. Also available online today, a response from Ariel N. Lavinbuk entitled "Breaking with Custom" and a response from Stephen Townley entitled "Our Darwinian Law of War." C-SPAN3 to broadcast audio of today's oral argument in Hamdan v. Rumsfeld: The oral argument is scheduled to conclude at 12:30 p.m. eastern time today, and the broadcast on C-SPAN3 should begin soon thereafter. You can view C-SPAN3 live, online using RealPlayer and Windows Media Player. Posted at 11:35 AM by Howard Bashman "Enron defense faces uphill battle; As the government wraps up their side of the case, Lay and Skilling's defense teams will have to work hard to bounce back": CNNMoney.com provides this report. And Fortune magazine reports that "At Enron trial, defense can't rest; Lawyers for Ken Lay and Jeff Skilling have to take hard swings at government witnesses." Eighth Circuit rejects Commerce Clause challenge to federal conviction for homemade child pornography: You can access today's ruling of the U.S. Court of Appeals for the Eighth Circuit at this link. Posted at 11:28 AM by Howard Bashman "Fans and foes weigh in on justice gesture": The Boston Herald today contains an article that begins, "While legal watchdogs wagged a disapproving finger at U.S. Supreme Court Justice Antonin Scalia for his off-color 'Sicilian' salute in Boston's cathedral, the Archdiocese of Boston said yesterday it won't publish a photo of the gesture in its newspaper The Pilot." Posted at 11:20 AM by Howard Bashman "Aaron Burr and Antonin Scalia, Acting Chief Justice": Orin Kerr has this post at "OrinKerr.com." Posted at 11:14 AM by Howard Bashman "Kennedy & O'Connor at Stanford Law School": "SCOTUSblog" offers this post. Posted at 11:10 AM by Howard Bashman In news from Chicago: The New York Times reports today that "Illinois Trial in Graft Case Is Thrown Into Ferment." The Chicago Tribune today contains articles headlined "Judge ousts two jurors; Alternates eyed to avert Ryan mistrial"; "Spotlight can be uncomfortable for jurors"; and "Cautious approach guided editors." Transcript excerpts appear in an item headlined "Pallmeyer's statements about jurors." And columnist Eric Zorn has an op-ed entitled "Here's story behind story about 2 jurors." And The Chicago Sun-Times contains an article headlined "2 jurors gone -- will trial go on?" "eBay gets the BlackBerry treatment; Patent trolls are on stage again; But this time they're at the Supreme Court -- and the court's decision could change the law": Fortune magazine provides this report. Posted at 10:40 AM by Howard Bashman Who knew that this was a sex toy ruling? The Associated Press, in this report, reveals the subject matter of an otherwise apparently quite bland recent non-precedential ruling that the U.S. Court of Appeals for the Fifth Circuit issued earlier this month. Posted at 10:30 AM by Howard Bashman D.C. Circuit holds that in the Religious Freedom Restoration Act of 1993, Congress did not waive the federal government's sovereign immunity on claims for damages: You can access today's ruling of the U.S. Court of Appeals for the D.C. Circuit at this link. Posted at 10:20 AM by Howard Bashman Divided three-judge U.S. Court of Appeals for the D.C. Circuit panel affirms damages award in favor of plaintiff in Boehner v. McDermott: You can access today's ruling, in this dispute between two members of the U.S. House of Representatives, at this link. The majority opinion explains, "The issue on appeal is whether undisputed facts prove that Representative James A. McDermott 'unlawfully' obtained the tape recording of an illegally-intercepted conversation in which Representative Boehner participated." By affirming the award of damages in favor of Representative John A. Boehner (R-OH), the majority answers that question in the affirmative. Posted at 10:12 AM by Howard Bashman "Patient's pot plea meets skepticism; Judges' questions hint they won't protect medicinal use": Today in The Sacramento Bee, legal affairs writer Claire Cooper has an article that begins, "A frail medicinal pot user from Oakland took the federal government to court again Monday but left with little encouragement." Posted at 10:01 AM by Howard Bashman "Court to Commission": National Review Online has today posted an editorial that begins, "The Supreme Court hears arguments today in one of the most important cases since the beginning of the War on Terror." Posted at 09:58 AM by Howard Bashman "Panel sees walkout, protest": Yesterday's edition of The Yale Daily News contained an article that begins, "The invitation of two controversial speakers led to a walkout and a separate picket line protest at this year's Yale Law Journal symposium on executive power." Posted at 09:55 AM by Howard Bashman On today's broadcast of NPR's "Morning Edition": This morning's broadcast contained segments entitled "High Court Hears Challenge to Administration's Military Tribunals" (featuring Nina Totenberg) and "Moussaoui Testifies About Plan to Attack White House." RealPlayer is required to launch these audio segments. Posted at 09:50 AM by Howard Bashman "Curb on Access to News in Prison Gets Hearing": Linda Greenhouse has this article today in The New York Times. And the newspaper also reports that "Court Rebuffs Times on Libel Suit Appeal." "Prosecutors of 2 Ex-Enron Officials Could Rest Case Today": The New York Times contains this article today. The Washington Post reports today that "Lay Faces a Second Trial, Alone; Judge Will Weigh Separate Federal Charges of Bank Fraud." And The Houston Chronicle reports that "Skilling's broker tells of attempt to sell stock." "Moussaoui says he was to attack White House; But Sept. 11 planner, in custody overseas, contradicts account": This article appears today in The Richmond Times-Dispatch. In The New York Times, Neil A. Lewis reports that "Moussaoui Now Ties Himself to 9/11 Plot." The Washington Post reports that "Moussaoui Says He Was to Fly 5th Plane; White House Attack Planned for 9/11, Terrorist Testifies." And Dana Milbank's "Washington Sketch" column is headlined "A Terrorist's Grand Delusion." The Los Angeles Times reports that "Moussaoui Says He Was to Fly 5th Plane; But Al Qaeda plotter's testimony is at odds with a statement of 9/11 architect read in court." In The Boston Globe, Charlie Savage reports that "Moussaoui now says White House was his attack target on Sept. 11." And USA Today reports that "Claim of 9/11 role shakes up trial; Sudden reversal by Moussaoui." "Scalia's Recusal Sought in Key Detainee Case; Retired Officers Say Justice's Impartiality Is in Question After Remarks on Combatants": Charles Lane has this article today in The Washington Post. Today in The Los Angeles Times, David G. Savage reports that "High Court to Review Guantanamo Case; Challengers say military tribunals permit Bush to act as lawmaker, prosecutor, judge and jury; Congress has complicated the debate." And in The Wall Street Journal, Jess Bravin has a front page article headlined "Court on Trial; As Justices Weigh Military Tribunals, A Guantanamo Tale; Torture in Morocco Is Alleged By Accused Accomplice In Old 'Dirty Bomb' Plot; A Constitutional Conundrum" (pass-through link). In today's edition of The Los Angeles Times: An article reports that "Georgia Passes Bill to Fund Bible Courses in Public High Schools." A front page article is headlined "80 Eyes on 2,400 People; If terrorists come to tiny Dillingham, Alaska, security cameras will be ready; But privacy concerns have residents up in arms." In other news, "Blake's Lawyers Protest Verdict; They ask a judge to overturn the $30-million judgment against actor, citing juror misconduct." The newspaper contains editorials entitled "Execute Moussaoui?" and "Fat and happy justice." And Law Professor Jonathan Turley has an op-ed entitled "Our loquacious justices; U.S. Supreme Court judges should be seen and not heard, at least until the case is over." The Washington Post is reporting: In today's newspaper, an article headlined "Heating Up With Hot-Button Issues" begins, "As if the debates over immigration and the Iraq war weren't contentious enough, Congress is about to embark on some really hot-button issues: flag burning, same-sex marriage and censuring the president." An article is headlined "Muhamma |
