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Monday, March 31, 2008 Available online from law.com: Tony Mauro reports that "Supreme Court Upholds Delaware's Veto Power Over British Petroleum Project; High court appointed a special master to sift through thousands of documents and hear arguments from both sides." Marcia Coyle reports that "Federal Circuit May Be in for Big Changes; A startling two-thirds of the court soon to be eligible for senior status." And in other news, "State AG Attacks Business Method at Center of Key Patent Case." Can you dissent from the denial of rehearing en banc if you're a senior status circuit judge who thus can't vote in favor of rehearing en banc? Apparently the answer is "yes" in the Sixth Circuit, as evidenced by the senior status of the author of this dissent from the denial of rehearing en banc issued today. Thus, although a total of six judges join in the dissent, it only equates to five votes in favor of rehearing en banc. You can access the ruling of the original divided three-judge Sixth Circuit panel at this link. I had this post about that decision on the day it issued. "In the wake of September 11th, some Muslim Americans, completely innocent of any wrongdoing, became targets of gross misapprehensions and overbroad assumptions about their religious beliefs. But the event that shook the foundations of our buildings did not shake the premise of our founding -- that here, in America, there is no heretical faith." So writes Circuit Judge J. Harvie Wilkinson III on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Fourth Circuit in an opinion issued today. Posted at 11:14 PM by Howard Bashman "Forever Guantanamo": Raymond Bonner has this review of four Guantanamo-related books in the April 17, 2008 issue of The New York Review of Books. Posted at 11:02 PM by Howard Bashman "U.S. Supreme Court agrees to take Pleasant Grove-Summum free speech case": Pamela Manson of The Salt Lake Tribune provides this news update. Tuesday in The Christian Science Monitor, Warren Richey will have an article headlined "U.S. Supreme Court takes a new 10 Commandments case; The Decalogue is on display in a public park in Utah; Is the park, therefore, a forum for expression of all types?" James Vicini of Reuters reports that "Court to rule on city park's religious monument." And Pete Yost of The Associated Press reports that "Court Agrees to Take 2 Free Speech Cases." This blog's first coverage of the dispute over whether towns in Utah that displayed on public property a monument to the Ten Commandments also had to permit the display on public property of a monument to the Seven Principles of the Summum religion appeared in a post I published at "How Appealing" on July 19, 2002. I also noted in that post that "Adherents of the Summum faith, at least according to the group's official Web site, are heavily into mummification after death and also take quite a liking to masturbation while still among the living." You can access today's U.S. Supreme Court Order List at this link. "Supreme Court says Del. can block LNG project ; BP hopes to push on": The News Journal of Wilmington, Delaware provides this news update. Tuesday in The Christian Science Monitor, Warren Richey will have an article headlined "Supreme Court upholds Delaware border claim; Ruling 6 to 2, the justices say New Jersey has no right to build a liquefied natural gas plant with a Delaware River pier." The Associated Press reports that "Delaware Wins High Court Fight Over NJ." And Reuters provides a report headlined "US high court: Delaware can block BP LNG terminal." You can access today's ruling of the U.S. Supreme Court in New Jersey v. Delaware, No.134, Orig., at this link. What's new? On Monday through Thursday of last week, and again today, I was attending the trial of a civil case in the U.S. District Court for the District of New Jersey in Camden. In November 2006, the U.S. Court of Appeals for the Third Circuit issued a decision on an appeal in which I represented the plaintiff-appellant. The Third Circuit's ruling reversed the district court's grant of summary judgment against the plaintiff's breach of contract claim and remanded that claim for trial. The trial took place last week and concluded today with a jury verdict in favor of the plaintiff on all issues, awarding to the plaintiff all of the damages that the plaintiff had sought. I was attending the trial at the plaintiff's request to ensure that the plaintiff took all necessary steps during trial to preserve its appellate rights. Thanks to the great work of plaintiff's trial counsel -- David Sokasits, Esquire -- it is now the defendant that is facing the need to file any post-judgment motions and any appeal. Also today, I filed this Reply Brief for Appellants in the Third Circuit in a separate case that I previously mentioned in this post from January 2008. The opening Brief for Appellants in that case can be accessed here. Programming note: I will again be in court today on a client matter. Additional posts will appear here later today. "SCOTUSblog" will provide timely coverage of today's U.S. Supreme Court Order List and any opinions that the Court issues today. Posted at 06:45 AM by Howard Bashman "Wounded vet loses libel appeal against Moore": Bob Egelko has this article today in The San Francisco Chronicle. My earlier coverage of this recent First Circuit ruling appears at this link. "Judge Elizabeth Halverson courts trouble in Las Vegas; Her ex-bailiff, for example, has testified that she treated him like a houseboy; She has been suspended; an April hearing could remove her permanently": This article appears today in The Los Angeles Times. Posted at 06:42 AM by Howard Bashman "A Day in Court Denied": Today in The Washington Post, Harold Hongju Koh, dean of Yale Law School, has an op-ed that begins, "Last week, the Supreme Court heard a case from Shawqi Omar and Mohammad Munaf, two American citizens held in a U.S. prison for more than three years without access to lawyers or judges." Posted at 06:40 AM by Howard Bashman "The Vienna Convention: The U.S. must ensure that arrested foreigners can contact their consulates." This editorial appears today in The Washington Post. Posted at 06:37 AM by Howard Bashman "Enron's Skilling Attempts to Reverse His Guilty Verdict": Today in The Wall Street Journal, John R. Emshwiller has an article that begins, "More than a year after U.S. prosecutors put former Enron Corp. president Jeffrey Skilling behind bars for his part in the iconic corporate scandal of the last decade, a court this week will weigh the possibility of overturning the government's only unalloyed courtroom victory in its nearly five-year Enron probe." Posted at 06:27 AM by Howard Bashman "The Fight Over 'Fleeting Expletives': How A Grant of Supreme Court Review May Lead to Expanded FCC Power and Reduced First Amendment Rights for Broadcasters." Julie Hilden has this essay online today at FindLaw. Posted at 06:20 AM by Howard Bashman Sunday, March 30, 2008 "Congress' first task: FISA; When Congress reconvenes, it needs to act quickly on new terrorist surveillance legislation." This editorial appears today in The Los Angeles Times. Posted at 11:40 PM by Howard Bashman "Debate and Protest at Spy Program's Inception": Eric Lichtblau has this article today in The New York Times. Posted at 11:33 PM by Howard Bashman Steven Brill reviews John Grisham's new book, "The Appeal": The review appears in today's issue of the Sunday Book Review of The New York Times. Posted at 11:30 PM by Howard Bashman "Fed Rules Claim to Pre-Empt Injury Suits": The Associated Press provides this report. Posted at 11:28 PM by Howard Bashman "My Way or the Highway": This editorial about President Bush's nomination of Steven Bradbury to head the Justice Department's Office of Legal Counsel appears today in The New York Times. Posted at 11:23 PM by Howard Bashman The nation's first DNA-based "John Doe" warrants were illegal, the Supreme Court of Kansas has ruled: Yesterday's edition of The Wichita Eagle contained an article headlined "Court quashes 1st DNA-based rape warrants" that begins, "The Kansas Supreme Court ruled Friday that the arrest warrants in seven rape cases -- the first in the nation to charge someone's DNA with a crime -- weren't specific enough to meet legal standards. The ruling means death-row inmate Douglas Belt won't be tried for the rapes." And The McPherson Sentinel reported yesterday that "Kaufman finds good and bad news in John Doe rulings." You can access at this link Friday's ruling of the Supreme Court of Kansas. "Same-sex marriages gain support": The Des Moines Register yesterday contained an article that begins, "A new flock of same-sex marriage supporters jumped into Iowa's constitutional battle over gay rights Friday with legal briefs they hope will influence the Iowa Supreme Court." Posted at 12:08 PM by Howard Bashman "High court: Privacy extends to airspace above homes." Yesterday's edition of The Rutland Herald contained an article that begins, "The Vermont Supreme Court held Friday that 'Vermont citizens have a constitutional right to privacy that ascends into the airspace above their homes and property,' overturning the conviction of a Goshen man on marijuana charges. The court ruled that the aerial surveillance of Stephen Bryant's land constituted a search under Article 11 of the Vermont Constitution and, as such, required a warrant." You can access Friday's ruling of the Supreme Court of Vermont at this link. "Profanity, sex, violence: What's appropriate on TV?" Columnist Gail Pennington has this op-ed today in The St. Louis Post-Dispatch. Posted at 12:02 PM by Howard Bashman "Activist involved in landmark Supreme Court speech rights case dies": Today's edition of The Columbia Missourian contains an article that begins, "Lorena Jeanne Tinker, a peace and civil rights activist, made it her mission to change what she could and chronicle what she couldn't." You can access the U.S. Supreme Court's ruling in Tinker v. Des Moines Independent Community School District via this link. "Medellin v. Texas: A case of more than murder." Ted Cruz, the Solicitor General of Texas, has this op-ed in The Houston Chronicle. Posted at 11:57 AM by Howard Bashman Saturday, March 29, 2008 "Brothers file claim in S.F. zoo tiger attack": The San Francisco Chronicle provides this news update. The newspaper has posted a copy of the claim online at this link. Posted at 11:17 PM by Howard Bashman "More Flimflam on Warming": The New York Times today contains an editorial that begins, "On April 2, 2007, the Supreme Court ruled that the Clean Air Act clearly empowered the Environmental Protection Agency to address greenhouse gas emissions from cars and trucks." Posted at 10:44 PM by Howard Bashman "Freed Ex-Governor of Alabama Talks of Abuse of Power": This article appears today in The New York Times. And The Birmingham News reports today that "Siegelman rejoins family after 9 months; Balloons welcome ex-governor who wore prison garb." "Ruling Gives Heirs a Share of Superman Copyright": The New York Times today contains an article that begins, "Time Warner is no longer the sole proprietor of Superman. A federal judge here on Wednesday ruled that the heirs of Jerome Siegel -- who 70 years ago sold the rights to the action hero he created with Joseph Shuster to Detective Comics for $130 -- were entitled to claim a share of the United States copyright to the character." I have posted online at this link Wednesday's ruling of the U.S. District Court for the Central District of California. "Asking a Judge to Save the World, and Maybe a Whole Lot More": This article appears today in The New York Times. Posted at 10:24 AM by Howard Bashman Available online from law.com: An article reports that "9th Circuit Panel Sounds Ready to OK Logging Plan." And in other news, "Pa. Supreme Court Agrees Again to Hear Appeal Over H&R Block Refund Program." "Dog owners have responsibility to stop attacks, court says; Ruling against dog owner whose pets injured a visitor": Today in The Austin American-Statesman, Chuck Lindell has an article that begins, "Texas' 'first free bite' rule -- allowing dog owners to escape most legal liability if a previously gentle dog attacks -- does not free owners from the responsibility of stopping an attack once it begins, the Texas Supreme Court ruled Friday." You can access yesterday's ruling of the Supreme Court of Texas at this link. "Final defendant in 2003 smuggling deaths set to plead": The Houston Chronicle today contains an article that begins, "The Mexican citizen whose extradition to the United States last year made him the final defendant in the nation's worst human smuggling tragedy is set to plead guilty next month." Posted at 08:37 AM by Howard Bashman "Appeals court upholds Austin smoking ban; Enforcement can shift from individuals back to businesses, city officials say": This article appears today in The Austin American-Statesman. My earlier coverage of yesterday's Fifth Circuit ruling appears at this link. Friday, March 28, 2008 "Salazar to size up judge; Complaints spur look at Nottingham conduct": The Denver Post today contains an article that begins, "U.S. Sen. Ken Salazar said Thursday that he is concerned about reports that U.S. District Chief Judge Edward Nottingham Jr. engaged in immoral conduct and wants to investigate further to determine whether sanctions are necessary." And The Rocky Mountain News reports today that "Salazar compares Nottingham's conduct with Spitzer's." Fifth Circuit reinstates municipal ordinance intended to prohibit smoking in public places in Austin, Texas: You can access today's ruling at this link. Posted at 03:54 PM by Howard Bashman Partially divided three-judge First Circuit panel reverses class certifications in MDL consumer action alleging a conspiracy by automobile manufacturers to illegally block lower-priced imports from Canada: You can access today's ruling of the U.S. Court of Appeals for the First Circuit at this link. Posted at 03:22 PM by Howard Bashman A man is accused of grabbing his own crotch, and a D.C. Circuit appeal ensues: You can access today's ruling of the U.S. Court of Appeals for the D.C. Circuit at this link. Posted at 10:57 AM by Howard Bashman Today at the "Althouse" blog: A post from Ann stating, "I was tempted to write a post about the existential angst of Howard Bashman." Alas, her discussion of that subject apparently must await another day. Posted at 09:30 AM by Howard Bashman "Ex-Governor of Alabama Is Ordered Released": The New York Times today contains an article that begins, "Donald Siegelman, former governor of Alabama, was ordered released from prison on Thursday by a federal appeals court, pending his appeal of a bribery conviction that Democrats say resulted from a politically driven prosecution." The Birmingham News reports today that "Court orders Siegelman free on bond, won't let Scrushy out on appeal; Scrushy, once labeled flight risk, remains locked up." And The Montgomery Advertiser reports that "Siegelman granted release from prison." Last month, the CBS News program "60 Minutes" had this video segment about the prosecution. A transcript of the segment can be accessed here. "Tapes' Destruction Hovers Over Detainee Cases": Today's edition of The New York Times contains a front page article that begins, "When officers from the Central Intelligence Agency destroyed hundreds of hours of videotapes documenting harsh interrogations in 2005, they may have believed they were freeing the government and themselves from potentially serious legal trouble. But nearly four months after the disclosure that the tapes were destroyed, the list of legal entanglements for the C.I.A., the Defense Department and other agencies is only growing longer. In addition to criminal and Congressional investigations of the tapes' destruction, the government is fighting off challenges in several major terrorism cases and a raft of prisoners' legal claims that it may have destroyed evidence." Posted at 09:05 AM by Howard Bashman "Life term or new penalty hearing ordered for Mumia Abu-Jamal": This article appears today in The Philadelphia Inquirer, along with articles headlined "Maureen Faulkner reacts to Abu-Jamal decision" and "Abu-Jamal's defenders irate; detractors see mixed bag." And today's edition of The Philadelphia Daily News reports that "Abu-Jamal's conviction upheld, death sentence questioned." In addition, columnist Jill Porter has an op-ed entitled "Just let Abu-Jamal rot in jail and get it over with." My earlier coverage of yesterday's Third Circuit ruling appears at this link. "Cyclist a hindrance, agent says": In today's edition of The San Francisco Chronicle, Lance Williams has an article that begins, "The federal agent who led the investigation of the BALCO steroids ring said Thursday that his probe stalled for a time because an elite cyclist didn't tell the truth about the chemist who created the drugs at the heart of the scandal." And in yesterday's newspaper, Williams had an article headlined "Cyclist appeared to be shaving face, drug tester tells jury." That's apparently newsworthy because the cyclist in question is female. "Mukasey backs Bush efforts on wiretapping": Bob Egelko has this article today in The San Francisco Chronicle. And today in The New York Sun, Josh Gerstein reports that "Mukasey Makes Emotional Plea for Surveillance Powers." The newspaper also contains an editorial entitled "Mukasey's Emotion." "Lockerbie Lawyer Optimistic on Libya Claims Accord": Bloomberg News provides this report. And The Associated Press reports that "US Weighing Libyan Compensation Offer." "The House of Representatives' Contempt Citation Against White House Officials: Why the U.S. District Court for the District of Columbia Should Opt for En Banc Review." Carl Tobias has this essay online today at FindLaw. Posted at 06:40 AM by Howard Bashman Thursday, March 27, 2008 Available online from law.com: An article is headlined "N.J. Supreme Court: Punitives for Wrongdoer Only, Not for General Deterrence." You can access today's ruling of the Supreme Court of New Jersey at this link. Shannon P. Duffy reports that "Mumia Abu-Jamal's Death Sentence Overturned, but Conviction Upheld." My earlier coverage of today's Third Circuit ruling appears at this link. And in other news, "Office of Legal Counsel Nominee Has Liberal Roots; Steven Bradbury may have started in a vegetarian commune, but the OLC nominee moved right." "Protecting Americans' habeas rights: No matter what the administration says, two U.S. citizens held by the military in Iraq deserve a hearing." The Los Angeles Times contains this editorial today. Posted at 10:57 PM by Howard Bashman "Court allows Siegelman release from prison pending appeal": The Associated Press provides a report that begins, "A federal appeals court approved the release of former Alabama Gov. Don Siegelman on bond Thursday while he appeals his conviction in a corruption case. The 11th U.S. Circuit Court of Appeals said the former governor had raised 'substantial questions of fact and law' in challenging his conviction." Posted at 10:50 PM by Howard Bashman "Pulitzer winner to join Yale Law; Linda Greenhouse, Supreme Court reporter for the Times, to become journalist-in-residence": This article appears today in The Yale Daily News. Posted at 10:45 PM by Howard Bashman "A Lawyer's 'Good Day' at the Supreme Court": Tony Mauro has this post today at "The BLT: The Blog of Legal Times." Posted at 10:34 PM by Howard Bashman Justice Sandra Day O'Connor acknowledges that she won't have to wear a thong bathing suit if she visits the state parks of Florida: Details are contained in the update to my post from earlier this month titled "At a minimum, don't omit 'at a minimum.'" Justice O'Connor is also in the news today for less provocative reasons. Today's edition of The Winchester Star contains articles headlined "Former justice receives Byrd service award; Sandra Day O'Connor honored at VMI" and "O'Connor: Clear policy needed for prisoners; Standards of treatment have been blurred in war on terror." "Scalia Criticizes News Media": The Associated Press provides this report. Posted at 10:12 PM by Howard Bashman Dispute over how to apply U.S. Supreme Court's fractured ruling in Rapanos v. United States gives rise to a dissent from the Eleventh Circuit's denial of rehearing en banc: Two judges serving on the U.S. Court of Appeals for the Eleventh Circuit joined in this dissent from the denial of rehearing en banc issued today. Posted at 04:44 PM by Howard Bashman "Ninth Circuit Court of Appeals Announces New Clerk of Court": The Public Information Office of the U.S. Court of Appeals for the Ninth Circuit yesterday issued this news release. Posted at 04:30 PM by Howard Bashman "City can't limit liability in Staten Island Ferry crash, court rules": The Staten Island Advance provides this news update. The Associated Press reports that "Appeals court finds city can be held fully liable in ferry crash." And the "City Room" blog of The New York Times provides a post titled "Court Finds City Was Negligent in S.I. Ferry Crash." You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link. Eligibility for deportation for "stalking" conviction is not unconstitutionally vague on its face or as applied, Second Circuit rules: The U.S. Court of Appeals for the Second Circuit issued this ruling today. Posted at 04:11 PM by Howard Bashman "No death for Mumia Abu-Jamal -- at least for now": The Philadelphia Inquirer provides a news update that begins, "A federal appeals court today refused to reinstate the death sentence of world-famous death row inmate Mumia Abu-Jamal, but left intact his murder conviction in the 1981 shooting death of Philadelphia Police Officer Daniel Faulkner." That newspaper has also collected some of its extensive earlier coverage of the case at this link. The Associated Press provides a report headlined "Court: Mumia Deserves New Hearing." And BBC News reports that "US court overturns death sentence; A US federal appeals court has overturned the death sentence imposed on former Black Panthers member Mumia Abu-Jamal." You can access today's ruling of the U.S. Court of Appeals for the Third Circuit at this link. Programming note: I will again be in court today on a client matter. Additional posts will appear here this evening. Posted at 06:40 AM by Howard Bashman "Court Looks at Legal Role for Mentally Ill": Linda Greenhouse has this article today in The New York Times. Today in The Washington Post, Robert Barnes reports that "High Court Weighs Self-Representation." Joan Biskupic of USA Today reports that "Court weighs self-representation; Justices signal openness to new limits for mentally ill." And law.com's Tony Mauro reports that "Supreme Court Hears Case Involving Mentally Ill Defendants Representing Themselves." "U.S. Court upholds 10 Commandments on public land": Reuters provides a report that begins, "A nearly 50-year-old monument inscribed with the Ten Commandments does not violate the Constitution just because it sits nearly alone on public grounds in a Washington city, a federal appeals court ruled on Wednesday." According to the article, the ruling involves "a 6-foot-tall (1.8-meter-tall) granite monument near the Old City Hall in Everett, Washington, about 25 miles north of Seattle." You can access yesterday's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link. The opinion also contains an appendix consisting of several photographs. "Appeal Allows Lawsuits by Ground Zero Workers": This article appears today in The New York Times. And Joseph Goldstein of The New York Sun reports that "Court Clears Way for 9/11 Illness Lawsuit." You can access yesterday's ruling of the U.S. Court of Appeals for the Second Circuit at this link. "A Recent Supreme Court Decision on the Vienna Convention Reaffirms that Justice Stevens, at Eighty-Eight, Remains A Force to Be Reckoned With": Edward Lazarus has this essay online today at FindLaw. Posted at 06:18 AM by Howard Bashman "Constitutionally Incorrect: Barack Obama is just the latest person to get the history of the Constitution wrong by ignoring the Reconstruction amendments." Doug Kendall has this essay online at The New Republic. Posted at 06:15 AM by Howard Bashman Wednesday, March 26, 2008 "Court Hears Arguments on Americans Held in Iraq": Linda Greenhouse has this article today in The New York Times. Today in USA Today, Joan Biskupic reports that "Justices mull limits on rights of detainees." Last Friday, Jess Bravin of The Wall Street Journal previewed the oral argument in an article headlined "U.S. Prisoners Fight Transfer; Military Wants 2 in Iraq To Be Tried by Baghdad; Supreme Court to Rule." Online at Slate, Dahlia Lithwick has a Supreme Court dispatch headlined "Jail of Two Cities: The Supreme Court gives the right to habeas corpus a swirly." From National Public Radio, yesterday's broadcast of "Morning Edition" contained an audio segment entitled "High Court Hears Cases of U.S. Citizens Held in Iraq" featuring Nina Totenberg. And yesterday's broadcast of "Day to Day" contained an audio segment entitled "Court Weighs Rights of Americans Arrested in Iraq" featuring Dahlia Lithwick. RealPlayer is required to launch these audio segments. And at "SCOTUSblog," Lyle Denniston has a post titled "A simple argument made confusing." You can access the transcript of yesterday's U.S. Supreme Court oral argument in Munaf v. Geren, No. 06-1666, at this link. "Mukasey Goes to Court to Argue a Terrorism Case": This article appears today in The New York Times. The Washington Post today contains an article headlined "After a Lifetime in Law, a First Day in Court." David G. Savage of The Los Angeles Times reports that "Supreme Court hears war-on-terrorism cases; Justices sound as if they will rule on the side of the Bush administration in case of the 'Millennium Bomber' and a U.S. citizen who was arrested by U.S. forces in Iraq." Yesterday's broadcast of NPR's "All Things Considered" contained an audio segment entitled "Attorney General Argues First Supreme Court Case" (RealPlayer required). And at "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "Mukasey's Moment." You can access the transcript of yesterday's U.S. Supreme Court oral argument in United States v. Ressam, No. 07-455, at this link. "Affirmative Action Foes Push Ballot Initiatives; Activists, With Eyes on November, Focus on Five States": Today's edition of The Washington Post contains an article that begins, "Sixteen months after voters in Michigan voted to kill affirmative action in the public sphere, opponents of preferences based on race and gender are pushing five more states to ban the practice." Posted at 11:15 PM by Howard Bashman "Why have Clinton and Obama ducked gun control issue?" David Lightman of McClatchy Newspapers has an article that begins, "When Supreme Court justices debate the legality of the District of Columbia's ban on handguns in coming weeks, their file will include a legal brief from Vice President Dick Cheney, Arizona Sen. John McCain and 54 other senators asking that the law be overturned. But they won't find anything from Democratic Sens. Hillary Clinton of New York or Barack Obama of Illinois. They didn't sign the rival brief from other members of Congress who back the tough handgun restrictions." Posted at 10:54 PM by Howard Bashman "Firing of library worker causes uproar; Aide's dismissal after she alerted police to a patron allegedly viewing child porn has roiled the Central Valley town of Lindsay": This article appears today in The Los Angeles Times. And today's edition of The Visalia Times-Delta contains articles headlined "Retired judge may mediate library dispute" and "Manuals offer little guidance on illegal computer use." "Appeals court will reconsider homeschooling ruling": Bob Egelko of The San Francisco Chronicle provides a news update that begins, "A state appeals court has agreed to reconsider its decision last month that barred homeschooling by parents who lack teaching credentials, raising the possibility that the judges will change a decision that has infuriated homeschool advocates nationwide. The Second District Court of Appeal in Los Angeles granted a rehearing Tuesday at the request of a couple who have taught their eight children at home without credentials." Posted at 10:47 PM by Howard Bashman "Justices Rebuff Bush and World Court; Powers Limited in Texas Death Case": Robert Barnes has this front page article today in The Washington Post. Today in The New York Times, Linda Greenhouse reports that "Justices Block New Hearing for Mexican." In The Los Angeles Times, David G. Savage reports that "Supreme Court rules Bush exceeded his powers; Saying he does not have 'unilateral authority' to force states to comply with an international treaty, justices vote 6-3 to reject presidential order to reopen cases of foreign nationals." The newspaper also contains an editorial entitled "Supreme Court doesn't mess with Texas; The high court properly rebuked Bush; But it should have given a Mexican man his day in court." In USA Today, Joan Biskupic reports that "High court rejects Bush action in Mexican's death row case." Charlie Savage of The Boston Globe reports that "Court rebukes Bush in death penalty case; Conservatives check expansion of executive power." Warren Richey of The Christian Science Monitor reports that "Supreme Court rules against Bush in death-row case; A 6-to-3 majority said the president can't order a state court to abide by an international court ruling." Patti Waldmeir of Financial Times reports that "Top US court at odds with Bush over his powers." law.com's Tony Mauro reports that "Supreme Court Sides With Texas in Dispute With Bush; High court's 6-3 decision drew strong reaction on both sides." The Washington Times reports that "Court says Bush stretched powers." The Houston Chronicle reports that "Supreme Court trumps executive power; President can't force a new trial for Mexican in 1993 murders, the justices find." The San Antonio Express-News reports that "Justices rule foreigners can be executed." The Fort Worth Star-Telegram reports that "Court rules against Bush in Texas death-penalty case." The Dallas Morning News contains an article headlined "Supreme Court: No new hearing for Texas death row inmate." From National Public Radio, yesterday evening's broadcast of "All Things Considered" contained an audio segment entitled "States Not Subject to All Treaties, High Court Rules" featuring Nina Totenberg. And today's broadcast of "Morning Edition" contained an audio segment entitled "High Court Rejects Bush Assertion on U.S. Treaties" also featuring Nina Totenberg. RealPlayer is required to launch these audio segments. And yesterday's broadcast of the PBS program "The NewsHour with Jim Lehrer" contained a segment entitled "Court Overrules President Bush in Texas Case, Weighs Detainee Rights" (transcript with links to audio and video) featuring Marcia Coyle. "Court Strikes Down State Law Protecting Fliers": This article appears today in The New York Times. Joseph Goldstein of The New York Sun reports today that "Judges Ground N.Y.'s Airline Regulation Law." The Washington Post reports that "Court Rejects Air Travelers Bill of Rights; Appeals Panel Rules Against N.Y. Law Saying States Cannot Regulate Airlines." Bob Egelko of The San Francisco Chronicle reports that "N.Y.'s Passenger Bill of Rights struck down." USA Today reports that "Air passenger rights law struck down; Federal court says states don't have such authority." Newsday reports that "State airline passenger bill of rights struck down." Bloomberg News reports that "Air Traveler 'Bill of Rights' Downed by Appeals Court." Reuters reports that "U.S. court rejects airline passengers rights law." And law.com reports that "2nd Circuit Strikes Down N.Y. 'Passenger Bill of Rights.'" My earlier coverage of yesterday's Second Circuit ruling appears at this link. "9th Circuit Pulls Judge Off Case, Accusing Him of 'Biased Interventions'; U.S. District Judge Manuel L. Real has been removed from at least seven other cases in the past": Pamela A. MacLean of The National Law Journal provides this report. My earlier coverage of last week's Ninth Circuit ruling appears at this link. "Yale Law School nabs Linda Greenhouse after Times departure": The Yale Daily News provides this news update. And Yale Law School today issued a news release headlined "Linda Greenhouse Returning To Yale Law School in 2009 as Journalist-in-Residence" (via "LawBeat"). "Foreign Courts Wary of U.S. Punitive Damages": Adam Liptak has this article today in The New York Times. Posted at 08:27 PM by Howard Bashman "Ruling on Mercury Emissions Is Appealed": The Associated Press provides a report that begins, "The Bush administration has appealed a court ruling that the Environmental Protection Agency violated the federal Clean Air Act when it issued less stringent requirements to reduce mercury releases from power plants. The Justice Department, on behalf of the EPA, asked that the full Court of Appeals for the District of Columbia Circuit reconsider the ruling in a lawsuit brought by New Jersey and 16 other states." Posted at 08:00 PM by Howard Bashman "Supreme Court presses Crown on Khadr": The Toronto Globe and Mail provides a news update that begins, "Several Supreme Court of Canada justices applied strong pressure to a federal lawyer this morning to reveal what U.S. authorities were given confidential information about accused terrorist Omar Khadr." The Toronto Star provides a news update headlined "Ottawa fights Khadr ruling; Supreme Court justices pepper government lawyer with questions." The Canadian Press reports that "Khadr's lawyers hopeful top court will aid in defence against U.S. charges." CBC News reports that "Top court reserves judgment on release of Khadr transcripts; Canada 'took advantage' of Khadr at Guantanamo Bay, lawyer says." Canwest News Service reports that "Wrong court for Khadr disclosure arguments, government says." The Associated Press reports that "Guantanamo Argued in Canada's High Court." And Reuters reports that "Canada court told of Guantanamo rights violations." Access online the transcripts of today's U.S. Supreme Court oral arguments: You can access the transcript of today's oral argument in Indiana v. Edwards, No. 07-208, at this link. And you can access the transcript of today's oral argument in Florida Dept. of Revenue v. Piccadilly Cafeterias, Inc., No. 07-312, at this link. In news coverage, Mark Sherman of The Associated Press reports that "Court Hears Mentally Ill Defendant Case." The Indianapolis Star provides a news update headlined "Court hears Ind. self-representation case." From National Public Radio, this evening's broadcast of "All Things Considered" contained an audio segment entitled "Justices Weigh Definitions of Competency" featuring Nina Totenberg. And today's broadcast of "Day to Day" contained an audio segment entitled "Supreme Court Hears Schizophrenia Case" featuring Lyle Denniston. RealPlayer is required to launch these audio segments. And at "SCOTUSblog," Lyle Denniston has a post titled "Competency and the criminal trial." "About Face: The Roberts Court Sets the Stage for Shrinking Voting Rights, Putting Poor and Minority Voters Especially In Danger." Law Professor Richard L. Hasen, author of the "Election Law" blog, has this essay online today at FindLaw. Posted at 07:23 PM by Howard Bashman Programming note: I will be in court again today on a client matter. "SCOTUSblog" will provide timely coverage of any opinions that the U.S. Supreme Court issues today. An internet outage at home prevented updates to this blog last night. Hope springs eternal for tonight, however. Tuesday, March 25, 2008 The Supreme Court of the United States today issued two decisions in argued cases: The Court today issued decisions in the following two cases -- 1. In Medellin v. Texas, No. 06-984, Chief Justice John G. Roberts, Jr. delivered the opinion of the Court, in which Justices Antonin Scalia, Anthony M. Kennedy, Clarence Thomas, and Samuel A. Alito, Jr. joined. Justice John Paul Stevens issued an opinion concurring in the judgment. And Justice Stephen G. Breyer issued a dissenting opinion, in which Justices David H. Souter and Ruth Bader Ginsburg joined. You can access the opinion at this link and the oral argument transcript at this link. 2. And in Hall Street Associates, L.L.C. v. Mattel, Inc., No. 06-989, Justice Souter delivered the opinion of the Court, in which the Chief Justice and Justices Thomas, Ginsburg, and Alito joined in full and in which Justice Scalia joined in large measure. Justice Stevens issued a dissenting opinion, in which Justice Kennedy joined. And Justice Breyer also issued a dissenting opinion. You can access the opinion at this link and the oral argument transcript at this link. In news coverage from The Associated Press, Mark Sherman reports that "Court Backs Texas in Dispute With Bush." And Pete Yost reports that "High Court Rules in Arbitration Case." Robert Barnes of The Washington Post provides a news update headlined "Court Backs Texas in Dispute With Bush." David G. Savage of The Los Angeles Times provides a news update headlined "Supreme Court rejects Bush's claim on death cases; In a case that pitted the president against his home state of Texas, the high court rules that he does not have the authority to order new hearings for Mexican nationals." Dave Montgomery of McClatchy Newspapers has a report headlined "Supreme Court: Bush can't order hearing for condemned Mexican." James Vicini of Reuters reports that "Court rules against Bush, Mexican on death row." Greg Stohr of Bloomberg News reports that "U.S. High Court Denies Hearing to Death Row Mexicans." And at "SCOTUSblog," Lyle Denniston has a post titled "States win over President on criminal law issue." "Court Overturns Air Passenger Rights Law": The Associated Press provides a report that begins, "A federal appeals court Tuesday struck down a state law requiring airlines to give food, water, clean toilets and fresh air to passengers stuck in delayed planes, saying the measure was well-intentioned but stepped on federal authority. The 2nd U.S. Circuit Court of Appeals said New York's law - the first of its kind in the country - interferes with federal law governing the price, route or service of an air carrier." You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link. Programming note: I will be in court today on a client matter. "SCOTUSblog" will provide timely coverage of any opinions that the U.S. Supreme Court issues today. Posted at 06:42 AM by Howard Bashman "2 opposing views of cyclist in BALCO case": Lance Williams has this article today in The San Francisco Chronicle. Posted at 06:40 AM by Howard Bashman "At Supreme Court: Americans accused in Iraq want U.S. judge; Key issue: Do citizens held by the US military in a foreign war have constitutional protections?" Warren Richey has this article today in The Christian Science Monitor. Today in USA Today, Joan Biskupic reports that "Justices to hear dispute on U.S. citizens captured in Iraq; Two men seek court access to challenge their detention." And Mark Sherman of The Associated Press reports that "Americans Held in Iraq Head to Court." "Justices to Weigh Search and Consent": Linda Greenhouse has this article today in The New York Times. And today in The Los Angeles Times, David G. Savage reports that "Supreme Court allows retiree benefit cuts; Employers may coordinate with Medicare on healthcare provisions for seniors; An AARP legal challenge is turned away." Available online from law.com: An article is headlined "9th Circuit: County Can't Use RICO to Sue Companies for Hiring Illegal Aliens." Shannon P. Duffy has an article headlined "3rd Circuit: Final Judgment No Prerequisite for Attorney Fees." And in other news, "11th Circuit Demands Sanctions in Libel Suit; Panel says district judge erred in not sanctioning the plaintiffs in their failed suit." Monday, March 24, 2008 "Consensus on Counting the Innocent: We Can't." Tuesday's installment of The New York Times will contain this new installment of Adam Liptak's "Sidebar" column. It begins, "A couple of years ago, Justice Antonin Scalia, concurring in a Supreme Court death penalty decision, took stock of the American criminal justice system and pronounced himself satisfied. The rate at which innocent people are convicted of felonies is, he said, less than three-hundredths of 1 percent -- .027 percent, to be exact." "S.C. inmate's Supreme Court win earns him criminal probe": Michael Doyle of McClatchy Newspapers provides this report. Posted at 11:24 PM by Howard Bashman "Courthouse's bold art draws a mixed verdict; Not all see worth in valuable works": The Boston Globe today contains an article that begins, "To the untutored eye, they are simply huge rectangular panels - reds, yellows, blues, greens - that have hung like oversized Post-it Notes on the walls of the cavernous federal courthouse since it opened a decade ago. Hundreds of people pass them daily; few seem to notice. In fact, the fiberglass-and-aluminum panels are among the most valuable works of art in Boston by a living artist, commissioned at a cost of $800,000 in tax dollars, and probably worth millions today. The revelation usually leaves visitors to the John Joseph Moakley courthouse incredulous or bemused." Posted at 08:35 PM by Howard Bashman "Cyclist's trial foreshadows Bonds' case": Today in The San Francisco Chronicle, Lance Williams has an article that begins, "Caught up in the BALCO steroids scandal, an elite athlete adamantly denies using banned drugs, then mounts an aggressive defense to a perjury indictment. It sounds like the case of former Giants slugger Barry Bonds, accused of lying under oath to the federal grand jury that investigated Burlingame's Bay Area Laboratory Co-Operative steroid ring in 2003. Instead, starting today in federal court in San Francisco, a lesser-known American sports champion - Tammy Thomas, a onetime star of bicycle track racing - goes on trial, charged with perjury and obstruction of justice. Her case is of interest because it amounts to a dress rehearsal for the trial of Bonds, which may get under way later this year." Posted at 08:32 PM by Howard Bashman Seventh Circuit affirms federal death sentence imposed on a criminal defendant who, while robbing a bank, murdered two people: You can access today's ruling at this link. Posted at 07:27 PM by Howard Bashman Access online the transcript of today's U.S. Supreme Court oral arguments: The Court today heard oral argument in three cases. You can access the transcript in Burgess v. United States, No. 06-11429, at this link. You can access the transcript in United States v. Clintwood Elkhorn Mining Co., No. 07-308, at this link. And you can access the transcript in Riley v. Kennedy, No. 07-77, at this link. In news coverage, The Associated Press reports that "High Court Tackles Ala. Voting Case." And at "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "A Trifecta and a Sprint at the Supreme Court." "Agee deserves quick confirmation": Law Professor Carl Tobias has this op-ed today in The Roanoke Times. Posted at 06:54 PM by Howard Bashman "With the Supreme Court Poised to Redefine the Right to Bear Arms, Far-Reaching Questions Loom": Michael C. Dorf has this essay online today at FindLaw. Posted at 06:50 PM by Howard Bashman Access online today's Order List of the U.S. Supreme Court: It is available online at this link. In news coverage, Pete Yost of The Associated Press reports that "Justices to Hear Warrantless Search Case." The AP also reports that "Court Takes Firearms Possession Case"; "Court Allows Inmates to Get Abortions"; "Court Turns Down Anti-Clinton Group"; and "High Court Declines AARP Appeal." David G. Savage of The Los Angeles Times provides a news update headlined "U.S. Supreme Court allows employers to reduce health benefits for older retirees; The AARP had argued that reducing benefits for Medicare-eligible retirees amounted to age discrimination; The Supreme Court disagreed." Greg Stohr of Bloomberg News reports that "Top U.S. Court Won't Question NYSE Immunity in Suit." At "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "Saucier Than Usual, the Supreme Court Tackles a Precedent." And at "SCOTUSblog," Lyle Denniston has a post titled "Court rejects campaign ad case." Programming note: I will be in court today on a client matter. "SCOTUSblog" will provide timely coverage of today's U.S. Supreme Court Order List and oral arguments. Posted at 06:35 AM by Howard Bashman "Chill the Press: A judge's harsh penalty could limit the public's right to know." The Washington Post contains this editorial today. Posted at 06:32 AM by Howard Bashman "Imprisoned in Iraq: The Supreme Court will decide if two U.S. civilians charged under Iraqi law may appeal to U.S. courts." This editorial appears today in The Washington Post. Posted at 06:30 AM by Howard Bashman "Out of Guantanamo and Bitter Toward Bin Laden": The Washington Post contains this article today. Posted at 06:27 AM by Howard Bashman "Wisconsin Bar Brawl: The trial bar wants to own the state Supreme Court." This editorial appears today in The Wall Street Journal. Posted at 06:22 AM by Howard Bashman Joseph Goldstein of The New York Sun is reporting: In today's newspaper, he has articles headlined "A Court Sheds New Light on Terror Probe; 4th Circuit Weighs Role and Power of Prosecutors" and "Brooklyn Trial of Drug Dealer May Constitute Double Jeopardy." Posted at 06:17 AM by Howard Bashman Sunday, March 23, 2008 "Photographing Legs Is Not Sexual Harassment": The Korea Times provides a report that begins, "Does taking a picture of the legs of a woman in a miniskirt constitute sexual harassment or not? The nation’s top court said, 'No.' The Supreme Court acquitted a man of charges that he sexually harassed a young woman by taking a picture of her legs on the subway last December." And The Chosun Ilbo reports that "Supreme Court Acquits Peeping Tom." "Clarence Thomas Is Not 'Mr. Constitution'": Law Professor Cass R. Sunstein has this post today at The New Republic's "Open University" blog. Posted at 10:45 PM by Howard Bashman "Bargain Basement Judiciary": Today in The Washington Post, columnist George F. Will has an op-ed that begins, "On New Year's Day, Chief Justice John Roberts, pursuant to his duty to report annually on the condition of the federal judiciary, issued a short and persuasive plea. It was lost in the cacophony of political news." Posted at 07:40 PM by Howard Bashman "'Free speech' still evolving": Today in The Providence (R.I.) Journal, Edward Fitzpatrick has an article that begins, "Guess what happened to the antiwar protesters who threw anonymous pamphlets from a rooftop, urging people to go on strike because the president had sent troops to another country? They were sentenced to 20 years in prison and the nation’s top court upheld their conviction on sedition charges." Posted at 07:30 PM by Howard Bashman "'Issue ads' playing big role in race for Wisconsin Supreme Court": The La Crosse Tribune contains this article today. And The Milwaukee Journal Sentinel reports today that "Butler touts experience as a judge, voting record on court." "Open-government advocate calls Ohio Supreme Court records panel unconstitutional; Lawyer says it lacks authority over access": This article appears today in The Cleveland Plain Dealer. Posted at 10:48 AM by Howard Bashman "Cities modify Jessica's Law even as court mulls validity": Today's edition of The San Diego Union-Tribune contains an article that begins, "As the state Supreme Court considers the validity of California's sex-offender statute, known as Jessica's Law, San Diego and other cities are passing tougher versions of it." Posted at 10:47 AM by Howard Bashman Saturday, March 22, 2008 "Suit against Democrats dismissed; Floridian wanting state's delegates seated will try again": This article appears today in The Atlanta Journal-Constitution. The St. Petersburg Times reports today that "Tampa activist's case to seat Democratic delegates is dismissed but still alive." The South Florida Sun-Sentinel reports that "Suit challenging Democrats over Florida primary returned to lower court." And The Tallahassee Democrat reports that "Court rejects appeal to count votes." You can access yesterday's ruling of the U.S. Court of Appeals for the Eleventh Circuit at this link. "Refusal Keeps Terrorism Convict in Prison; Former Professor Fights Attempts to Force His Testimony Against Muslim Charities": The Washington Post today contains an article that begins, "Former university professor Sami al-Arian wants to finish serving his prison sentence for a terrorism-related crime next month so that he can be deported to the Palestinian territories. But the Bush administration is threatening to keep him behind bars until he does something he has steadfastly refused to do: testify before a grand jury investigating allegations that Muslim charities aided terrorism organizations." Posted at 11:03 PM by Howard Bashman "Iraq Detention Case Heads to High Court; Jailed American Citizens Say They Have Right to Access U.S. Legal System": Josh White and Robert Barnes will have this article Sunday in The Washington Post. Posted at 10:55 PM by Howard Bashman "The Supreme Court and Indecency": Sunday's edition of The New York Times will contain this editorial. Today's edition of The Los Angeles Times contains an editorial entitled "Supreme Court takes on TV's dirty words; The FCC's rules to shield kids from bad language are senseless when circumventing them is child's play." And today's edition of The Rocky Mountain News contains an editorial entitled "Broadcast TV and 'fleeting obscenities.'" "Mo' Money, Mo' Justice: Justice Maureen O'Connor says campaign money doesn't affect her rulings; Her record says otherwise." This article appears in the current issue of the Scene of Cleveland, Ohio. And today in The Wall Street Journal, James Sample has an op-ed entitled "Justice for Sale: How judicial elections help breed corruption." "Vermont Court to decide if food is punishment": The Associated Press provides a report that begins, "Savory it isn't: It's made of whole wheat bread, non-dairy cheese, raw carrots, spinach, seedless raisins, beans, vegetable oil, tomato paste, powdered milk and dehydrated potato flakes. To prison officials, it's a complete meal. To inmates, it's a food so awful, they'd rather go hungry than eat it. Now, in the latest legal battle over the prison cafeteria standard known as Nutraloaf, the Vermont Supreme Court is being asked to decide whether it's punishment or merely behavior modification." Posted at 01:44 PM by Howard Bashman "High court to consider self-representation": At the web site of USA Today, you can access an article that begins, "A shoe shoplifting incident that escalated into a lunchtime shooting in downtown Indianapolis nearly a decade ago is now the basis for the Supreme Court to decide how much latitude states have to determine if a defendant is capable of representing himself at trial. The Supreme Court is set to hear oral arguments Wednesday in an Indiana case in which a Marion County judge decided a defendant with a history of mental illness was competent to stand trial, but not to represent himself as he requested." Posted at 01:38 PM by Howard Bashman "Loophole in a liquor law puzzles experts; Businesses may not be liable for selling to an intoxicated minor": Mary Flood has this article today in The Houston Chronicle. Posted at 01:35 PM by Howard Bashman "Clarence Thomas: Mr. Constitution." Today in The Wall Street Journal, David B. Rivkin and Lee A. Casey have this commentary reporting on their recent interview of Justice Clarence Thomas. Posted at 01:34 PM by Howard Bashman "Timely decision: Overturned Louisiana murder conviction should send pointed message to Harris County prosecutors." The Houston Chronicle contains this editorial today. And CBS News legal analyst Andrew Cohen has a "CourtWatch" column headlined "The Book Of Clarence Thomas: Court's Only Black Justice Won't Oppose Legal Racism In Death Penalty Case." "Highest Lawman Prepares to Meet Highest Court": This article appears today in The Washington Post. And The Wall Street Journal reports today that "Mukasey to Jump The Bar Tuesday." "To Keep and Bear Arms": Charles Lane has this op-ed today in The Washington Post. And today in The Seattle Post-Intelligencer, Rowland Nethaway has an op-ed entitled "Nine justices parsing 27 words." "Blunt submits Supreme Court brief supporting death for child rape": Today's edition of The Kansas City Star contains an article that begins, "Missouri Gov. Matt Blunt has filed a brief with the U.S. Supreme Court supporting the death penalty for child rapists." Posted at 01:22 PM by Howard Bashman Friday, March 21, 2008 "Equal justice: A Supreme Court decision shows why all peremptory challenges to jurors should be abolished." This editorial appears today in The Los Angeles Times. Writing at Slate's "Convictions" blog, U.S. District Judge Nancy Gertner (D. Mass.) disagrees. "N.Y. Governor Says Grim Economy Makes Judicial Pay Raise 'Very Difficult'": law.com provides this report. Posted at 11:14 PM by Howard Bashman "Court Disbars Cheney Ex-Aide; Libby Loses Right To Practice Law": This article appears today in The Washington Post. My earlier coverage of yesterday's order appears at this link. "Colorado Court Rules 'No Smoking' Means Exactly That, Even on Stage": The New York Times contains this article today. You can access yesterday's ruling of the Colorado Court of Appeals at this link. "Trigger happy on gun rights: The high court must balance its leaning toward a gun ownership right with society's interest in safety." This editorial appears today in The Christian Science Monitor. And Saturday's edition of The Wall Street Journal will contain an editorial entitled "Guns and Legal Ammo." "Barry Bonds' Case Delayed 3 Months": The Associated Press provides a report that begins, "The perjury case against Barry Bonds was put on hold for three months Friday, with prosecutors telling a federal judge they plan to obtain a new indictment against baseball's home run king." Posted at 03:57 PM by Howard Bashman First Circuit affirms dismissal of defamation claim against documentary filmmaker Michael Moore arising from former Army Reserve Sergeant's non-consensual appearance in the film "Fahrenheit 9/11": You can access today's ruling of the U.S. Court of Appeals for the First Circuit at this link. Posted at 03:44 PM by Howard Bashman "Federal Courts Urged to Protect Cooperating Defendants": The Administrative Office of the U.S. Courts has today posted online a news release that begins, "A committee of the policy-making Judicial Conference of the United States is asking district courts to consider adopting a local policy that protects information about cooperation in law enforcement investigations. But the committee is also urging those courts to recognize the need to preserve legitimate public access to court files." Posted at 03:25 PM by Howard Bashman "There Will Be Guns: What happens if the Supreme Court recognizes individual gun rights? Not much." Benjamin Wittes has this essay online today at The New Republic. Posted at 02:28 PM by Howard Bashman Ninth Circuit affirms dismissal of Idaho county's racketeering lawsuit against agricultural companies accused of hiring illegal immigrants: According to today's ruling, in the lawsuit the county sought to recoup the money it claims to have expended on public health care and law enforcement services for undocumented immigrants. In earlier news coverage, The Idaho Statesman in August 2007 reported on the Ninth Circuit's oral argument in an article headlined "Court hears appeal in Canyon RICO lawsuit." And The Associated Press reported on the initiation of the suit in July 2005 in an article headlined "County Files RICO Suit Over Hiring of Illegal Immigrants." "Justice Thomas's Inconsistent Originalism": This book note appears in the March 2008 issue of the Harvard Law Review. Posted at 01:22 PM by Howard Bashman "Nacchio prosecutors want more time to decide next step": Denver Business Journal provides a report that begins, "Prosecutors seeking to reverse the successful appeal of ex-Qwest Communications International Inc. CEO Joseph Nacchio have asked the appeals court to give them until April 30 to ask for a rehearing." Posted at 12:00 PM by Howard Bashman "Appeals court tosses suit over Florida's Democratic primary": The Atlanta Journal-Constitution provides this news update. And The Associated Press reports that "Court Dismisses Florida Primary Lawsuit." My earlier coverage of today's Eleventh Circuit ruling appears at this link. Second Circuit confirms existence of "ministerial exception" to federal anti-discrimination laws, holding that it would be unconstitutional to apply Title VII in African-American Catholic priest's lawsuit alleging racially discriminatory firing: You can access today's ruling by a unanimous three-judge panel of the U.S. Court of Appeals for the Second Circuit at this link. Law blogger Norm Pattis represented the priest on appeal. "Judge's service means trial's end; State can't prosecute assault accusation": The Concord (N.H.) Monitor today contains an article that begins, "The state has lost its chance to prosecute a lawyer from Londonderry charged with assaulting a juvenile with a leather belt because before the trial ended, the judge left the bench for a tour of duty in Iraq. In a unanimous opinion issued yesterday, the state Supreme Court ruled that, narrow exceptions aside, Ernest Solomon had a constitutional right to have one judge hear his criminal case from start to finish." And The Associated Press reports that "Judge Departs for Iraq, Charges Dropped." You can access yesterday's ruling of the |