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Tuesday, March 18, 2008 "Justices Appear Skeptical Of D.C.'s Handgun Ban": Robert Barnes will have this front page article Wednesday in The Washington Post. Tomorrow's newspaper will also contain an article headlined "Braving Cold, Chants, Students Flock to Hear Gun Case." And tomorrow's installment of Dana Milbank's "Washington Sketch" column will carry the headline "Bearest Thy Musket." In Wednesday's edition of USA Today, Joan Biskupic will have an article headlined "Court appears likely to favor individual's right to own guns." And in Wednesday's issue of Financial Times, Patti Waldmeir reports that "Supreme Court mulls 'right to bear arms.'" On the day that the U.S. Supreme Court heard oral argument of a precedent-setting Second Amendment case, the Supreme Court of Canada heard oral argument about whether damages may be recovered for discovering a fly inside an unopened bottle of water: The Windsor Star provides a news update headlined "Fly in water case heard by top court." Posted at 10:44 PM by Howard Bashman "High court clears new DWI tester": The Newark (N.J.) Star-Ledger today contains an article that begins, "The state Supreme Court ruled yesterday that a device used by many police departments to determine whether drivers are drunk is reliable, clearing the way for the courts to process more than 10,000 convictions that have been on hold since the case began two years ago. The high court ruled that results of the Alcotest 7110 -- which has replaced the Breathalyzer in 17 of the state's 21 counties -- are admissible in court as long as police and prosecutors follow safeguards outlined in the court's 132-page opinion." The New York Times reports today that "New Jersey Court Approves Use of New Drunken Driving Test." And The Philadelphia Inquirer reports that "Court ruling lets N.J. DUI cases proceed." You can access yesterday's lengthy unanimous ruling of the Supreme Court of New Jersey at this link. "Attorney Eric Magnuson is named new chief justice; The prominent appellate lawyer has led the judicial selection commission for Gov. Pawlenty; He will be the first person who is not a justice to take the top job in decades": This article appears today in The Minneapolis Star Tribune. And today's edition of The St. Paul Pioneer Press contains an article headlined "Top appellate lawyer is new chief justice; From outsider to head of the state Supreme Court" and an editorial entitled "A new chief." "Sperm donor appeals to high court": The Topeka Capital-Journal provides a news update that begins, "Attorneys for a Topeka sperm donor have appealed his paternity case to the U.S. Supreme Court. The case filed Monday seeks to overturn a ruling against sperm donor Daryl Hendrix by the Kansas Supreme Court. The Kansas court ruled 4-2 last fall that a sperm donor who wants to have parental rights with any subsequent children must have a written agreement with the mother." Posted at 10:22 PM by Howard Bashman "Judge upholds Proposal 2, dismisses federal suit": The Detroit Free Press provides a news update that begins, "A federal judge today dismissed a lawsuit challenging the constitutionally of Proposal 2, the Michigan Civil Rights Initiative that banned race and gender affirmative action in university admissions and government and public school hiring and contracting." And The Associated Press reports that "Mich. Affirmative Action Lawsuit Tossed." You can access today's rulings of the U.S. District Court for the Eastern District of Michigan both here and here. "U.S. Supreme Court to review '94 murder case": The Seattle Times contains this article today. And The Seattle Post-Intelligencer reports today that "Top court to review Ballard slaying; Justices to look at reinstating conviction." "Supreme Court rules in favor of Washington state top-two primary": The Seattle Times provides this news update. Posted at 09:38 PM by Howard Bashman "Whose right to bear arms?" This video segment featuring Pete Williams appeared on this evening's broadcast of NBC Nightly News. Today's broadcast of the CBS Evening News contained a video segment entitled "Right To Bear Arms Revisited" featuring Wyatt Andrews. And this evening's broadcast of the PBS program "The NewsHour with Jim Lehrer" contained a segment entitled "Second Amendment in Spotlight as Court Hears Gun Case" (transcript with link to audio) featuring Marcia Coyle. "Ill. High Court Considers Pharmacy Rules": The Associated Press provides a report that begins, "A group of pharmacists asked the Illinois Supreme Court on Tuesday to throw out a rule that forces them to dispense emergency contraception despite moral objections, claiming it amounts to illegal coercion." Posted at 09:18 PM by Howard Bashman "High Court Considers Right to Bear Arms": Linda Greenhouse of The New York Times provides this news update. Posted at 09:12 PM by Howard Bashman "High Court Hears Second Amendment Case": This audio segment (RealPlayer required) featuring Nina Totenberg appeared on this evening's broadcast of NPR's "All Things Considered." Posted at 09:10 PM by Howard Bashman "Bearing Arms … Against Bears: Justice Kennedy thinks D.C. residents need protection--from grizzlies." Dahlia Lithwick has this Supreme Court dispatch online at Slate. Posted at 09:04 PM by Howard Bashman "New call for merit selection of judges": This article appeared Friday in The Philadelphia Inquirer. Posted at 06:07 PM by Howard Bashman "Supreme Court Takes Up Second Amendment": This audio segment (RealPlayer required) -- featuring David G. Savage and post-argument telephone interviews with both Alan Gura and Walter Dellinger -- appeared on today's broadcast of NPR's "Talk of the Nation." Posted at 05:35 PM by Howard Bashman "Panel awards Nacchio retrial; The ruling says expert defense testimony should have been allowed": This article appears today in The Denver Post, along with articles headlined "Nacchio case granted new life; A new trial could set the ex-Qwest chief executive free, but it also could aid the prosecution"; "Dissent defends ban on testimony": and "Overturned verdict pains some; Jurors and retirees are pained by the court's decision to overturn the guilty verdict." In addition, columnist Al Lewis has an op-ed entitled "Don't expect plea deal." Today's edition of The Rocky Mountain News contains articles headlined "Long wait for Nacchio? U.S. attorney calls ruling for new trial a 'setback, not a defeat,' ponders next move"; "It was one legal error, but just enough; Judge Nottingham's exclusion of defense witness proved crucial"; and "Critics greet appellate court's decision with dismay and resignation." In addition, columnist David Milstead has an essay entitled "His team rejoices, but he should consider a plea deal," while Scott Robinson has an essay entitled "Ruling, while no surprise, included shocker." The New York Times contains an article headlined "New Trial Is Ordered for Qwest Ex-Chief." The Washington Post reports that "Nacchio's Convictions Are Overturned." And USA Today reports that "Conviction of Qwest ex-CEO overturned; Appeals court orders a new trial and new judge." My earlier coverage of yesterday's Tenth Circuit ruling appears at this link. "Letterman's PA Gov Ed Rendell Ad: He's Into Some Freaky S$%#, Too." The "PoliJAM" blog provides access to this very funny clip from last night's broadcast of the CBS program "Late Show with David Letterman." Governor Rendell's wife is a federal appellate judge, which arguably gives rise to an appellate angle for this post. Posted at 04:00 PM by Howard Bashman "Supreme Court Hears Handgun Case": This audio segment (RealPlayer required) appeared on today's broadcast of NPR's "Day to Day." And at "The Swamp" blog of The Chicago Tribune, James Oliphant has a post titled "Supreme Court hears historic gun-ban case." At a minimum, don't omit "at a minimum": On behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Tenth Circuit, retired Justice Sandra Day O'Connor today issued an opinion involving the "prevailing party" requirement to obtain attorneys' fees under the Equal Access to Justice Act. At page 9 of today's opinion, Justice O'Connor describes the facts of the U.S. Supreme Court's ruling in Sole v. Wyner (2007) as follows: The plaintiff there had filed a lawsuit claiming the state's "Bathing Suit" rule, which required all patrons of state parks to wear a thong and (if female) a bikini top, violated the First Amendment.Fortunately, the rule at issue in Sole did not require "all patrons of state parks to wear a thong." Rather, as Justice Ruth Bader Ginsburg's opinion for a unanimous Court in Sole makes clear, "That rule required patrons, in all areas of Florida's state parks, to wear, at a minimum, a thong and, if female, a bikini top." Thus, you don't have to be wearing thong underwear to use the state parks of Florida, but you must wear at least a thong (and a bikini top, if female) in order to use those parks. In Justice O'Connor's defense, the Sole case was argued and decided after she had retired from the Supreme Court. Update: On March 28, 2008, the Tenth Circuit posted online a corrected opinion fixing this mistake and adding "at a minimum" to its description, found on page nine of its opinion, of the facts in Sole. The Tenth Circuit's original, uncorrected opinion can still be viewed at this link. "Supreme Court Majority Appears To Back Gun Rights": Robert Barnes of The Washington Post provides this news update. Michael Doyle of McClatchy Newspapers reports that "Supreme Court justices critical of D.C. gun ban." James Vicini of Reuters reports that "Conservative justices question D.C. handgun ban." And Greg Stohr of Bloomberg News reports that "Gun Rights Draw Support in U.S. Supreme Court Hearing." Access online the transcript of today's U.S. Supreme Court oral argument in District of Columbia v. Heller, No. 07-290: The Court has posted it at this link. And C-SPAN has made its rebroadcast of the audio from today's oral argument available for on-demand viewing by clicking here (RealPlayer required). "U.S. Supreme Court seems poised to strike down D.C. handgun ban; Several justices indicate they believe the 2nd Amendment of the Constitution protects individual rights": David G. Savage of The Los Angeles Times provides this news update. Bill Mears of CNN.com reports that "Supreme Court hears arguments on gun ownership." At her "Legalities" blog, ABC News correspondent Jan Crawford Greenburg has this post about today's oral argument. And at "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "Second Amendment: An Individual Right, But a Right To Do What?" "The Roberts Court and Facial vs. As-Applied Challenges": Ed Whelan has this post today at National Review Online's "Bench Memos" blog. Posted at 12:45 PM by Howard Bashman C-SPAN has just begun its rebroadcast of the audio from today's U.S. Supreme Court oral argument on whether the Second Amendment invalidates D.C.'s gun ban: You can view the live C-SPAN feed online using either RealPlayer or Windows Media Player (click on link to launch). Posted at 12:23 PM by Howard Bashman "Supreme Court Reviews D.C. Handgun Ban": Mark Sherman of The Associated Press provides a report that begins, "The Supreme Court has heard arguments about the meaning of the Second Amendment and the District of Columbia's ban on handguns. A majority appears to support the view that the amendment protects an individual's right to own guns, rather than somehow linking right to service in a state militia. But it is less clear what that means for the District's 32-year-old ban on handguns, perhaps the strictest gun control law in the nation." An at "SCOTUSblog," Lyle Denniston has an early post titled "Defining a right of self-defense." "Ex-CCA official: Puryear misled clients; Versions for public allegedly whitewashed prison incidents": Friday's edition of The Tennessean contained an article that begins, "A former Corrections Corporation of America manager is accusing the company's general counsel and federal judicial nominee Gus Puryear IV of overseeing a practice that produced misleading reports about safety incidents at its prisons." The newspaper has posted online at this link the former official's statement. Posted at 11:45 AM by Howard Bashman At 11:30 a.m. eastern time, C-SPAN will begin its rebroadcast of the audio from today's U.S. Supreme Court oral argument on whether the Second Amendment invalidates D.C.'s gun ban: You can view the live C-SPAN feed using either RealPlayer or Windows Media Player (click on link to launch). You can access the D.C. Circuit's 2-1 ruling issued in this case on March 9, 2007 by clicking here. My initial coverage of that ruling appeared in a post you can access here, and I had much additional coverage later that day and in a post the next morning. My coverage of the D.C. Circuit's order of May 8, 2007 denying rehearing en banc by a 6-4 margin can be accessed here. And my coverage of the D.C. Circuit's oral argument, which occurred on December 7, 2006, can be accessed here. The perils of "live-blogging": At "SCOTUSblog," the promised "live-blogging" of today's Second Amendment oral argument began instead as someone else's live-blogging of what is described as "Obama's Stupid Speech" in a post that appeared at 10:38 a.m. eastern time. Moments ago, "SCOTUSblog" removed the post -- meaning you cannot access it now if you haven't already accessed it -- but if you still have it open on your computer from before, as I do, the live-blogging of that speech continues on the web page that is the "SCOTUSblog" site. [Update: The live-blogging that originally appeared accidentally at "SCOTUSblog" can be found at this link, where it intentionally appears.] Update: You can now access the actual "SCOTUSblog" live-blogging of the oral argument by clicking here. The live-blogging will begin in earnest once C-SPAN begins its rebroadcast of the oral argument audio. "Supreme Court Gun Case Draws Protesters": Mark Sherman of The Associated Press provides a report that begins, "Advocates of gun rights advocates and opponents of gun violence are demonstrating outside the Supreme Court as justice begin hearing arguments over the meaning of the Second Amendment's 'right to keep and bear arms.'" Posted at 10:45 AM by Howard Bashman "Court Rules in Favor of Wash. Primary": Mark Sherman of The Associated Press provides a report that begins, "The Supreme Court has upheld the state of Washington's open primary election system. By a 7-2 vote, the court says the state may use a primary system that allows the top two vote-getters to advance to the general election, even if they are from the same party. Washington never held a primary under the new system because of legal challenges." Today's only U.S. Supreme Court opinion in an argued case issued in Washington State Grange v. Washington State Republican Party, No. 06-713. You can access the opinion at this link and the oral argument transcript at this link. Justice Clarence Thomas delivered the opinion of the Court, in which the Chief Justice and Justices John Paul Stevens, David H. Souter, Ruth Bader Ginsburg, Stephen G. Breyer, and Samuel A. Alito, Jr. joined. The Chief Justice issued a concurring opinion, in which Justice Alito joined. And Justice Antonin Scalia issued a dissenting opinion, in which Justice Anthony M. Kennedy joined. "City ponders 'Plan B' if justices void gun ban": This article appears today in The Washington Times. The newspaper also contains an editorial entitled "D.C. gun ban on trial," and Carl T. Bogus has an op-ed entitled "An inalienable right." The Baltimore Sun reports today that "Court to hear challenge to D.C. gun ban; Second Amendment ruling could have broad impact on gun regulations." The Newark (N.J.) Star-Ledger reports that "Supreme Court to hear key gun case today; Ruling could affect local laws restricting possession of weapons." The Milwaukee Journal Sentinel reports that "High court to rule on gun ban; D.C. case will examine individual vs. collective right to bear arms." James Vicini of Reuters reports that "High court considers landmark gun-rights case." BBC News reports that "US court to hear key gun law case." And Agence France-Presse reports that "US Supreme Court in historic hearing on gun laws." "Supreme Court Gun Ban Battle": This video segment, from this morning's broadcast of the ABC News program "Good Morning America," features Jan Crawford Greenburg shooting a handgun at a firing range. For a close-up of the gun she's firing, click here and look to the right side of the screen. Posted at 10:06 AM by Howard Bashman "High Court Starts Case Challenging D.C. Gun Ban": This audio segment (RealPlayer required) featuring Nina Totenberg appeared on today's broadcast of NPR's "Morning Edition." Posted at 09:55 AM by Howard Bashman "Supreme Court to rule on broadcast indecency; The justices will weigh whether federal regulators may levy large fines on broadcasters who let expletives on the airwaves during daytime and early evening hours": David G. Savage has this article today in The Los Angeles Times. Today in The Washington Post, Robert Barnes and Frank Ahrens have a front page article headlined "Supreme Court to Review FCC Ban on Profanity." Joan Biskupic of USA Today reports that "Supreme Court to hear case stemming from celebrities who swore on live TV." And in The New York Sun, Joseph Goldstein reports that "Nine Will Consider Whether TV Curse Words Merit Fines." "Terror Appeals Judge Waits for Cases": The Associated Press provides a report that begins, "Frank J. Williams is well prepared for his role as chief judge of a special appeals court designed to decide legal issues stemming from the detention of terror suspects. He's studied legal decisions on the detention of suspected terrorists at Guantanamo Bay. He's researched and written about Abraham Lincoln's use of military courts to prosecute Confederate sympathizers during the Civil War. There's just one problem: Williams is still waiting for his first case." Posted at 08:30 AM by Howard Bashman "A False Claim of Valor and a Cry of Free Speech": Today's edition of The New York Times contains this installment of Adam Liptak's weekly "Sidebar" column. Posted at 08:28 AM by Howard Bashman "Court decision on gun-control is personal for 2 women": Bill Mears of CNN.com provides this report. Today's edition of The Washington Post profiles the lead attorneys for the parties in articles headlined "An Old Hand At Court Gears Up for Battle" and "For Young Area Lawyer, The Supreme Compliment." In addition, an article reports that "Tickets Prized Just as Much As the NCAA Tournament's; Line Forms Early for 70 Seats at Supreme Court Hearing." The New York Times today contains an editorial entitled "The Court Considers Gun Control." The Los Angeles Times contains an editorial entitled "D.C. gun law goes to Supreme Court; The regulation of weapons could take a hit in a controversial case." In The Boston Globe, Robert A. Levy has an op-ed entitled "Fighting for our right to bear arms." In The Wall Street Journal, Randy E. Barnett has an op-ed entitled "Gun-Rights Showdown." And in USA Today, Don Campbell has an op-ed entitled "A gunfight that won't be settled; In hearing the D.C. gun ban case, the Supreme Court very well may decide whether an individual right is enshrined in the Second Amendment; But other critical issues pertaining to weapons and ownership won't move an inch." "Justice Kennedy comes back to HLS to mark 20 years on the Supreme Court": Harvard Law School issued this news release last Wednesday. Posted at 08:21 AM by Howard Bashman "Harvard Law, Hoping Students Will Consider Public Service, Offers Tuition Break": The New York Times today contains an article that begins, "Concerned by the low numbers of law students choosing careers in public service, Harvard Law School plans to waive tuition for third-year students who pledge to spend five years working either for nonprofit organizations or the government." And Harvard Law School has issued a news release headlined "Harvard Law School launches new Public Service Initiative." "Affirmative action foes point to Obama; Say candidate is proof effort no longer needed": This article appears today in The Boston Globe. And in somewhat related news, Jonathan D. Salant of Bloomberg News reports that "Obama's Bid Doesn't Have Support of Most Black Corporate Elite."  
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