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Monday, April 02, 2007 Available online from National Public Radio: This evening's broadcast of "All Things Considered" contained audio segments entitled "Supreme Court Won't Hear Detainees' Appeals" (featuring Nina Totenberg) and "High Court Rebukes EPA on Emissions, Environment." And today's broadcast of "Day to Day" contained an audio segment entitled "High Court Rules Against EPA on Emissions." RealPlayer is required to launch these audio segments. "Supreme Court Says EPA Can Regulate Greenhouse Gases": This segment (transcript with link to audio) featuring Marcia Coyle appeared on this evening's broadcast of the PBS program "The NewsHour with Jim Lehrer." Posted at 11:23 PM by Howard Bashman "Court Says EPA Can Regulate Car Emissions": This audio segment (RealPlayer required) featuring Lyle Denniston appeared on today's broadcast of the public radio program "Here & Now." Posted at 11:20 PM by Howard Bashman Available online from law.com: Tony Mauro reports that "High Court Orders EPA to Review Greenhouse-Gas Emissions." Jason McLure and Tony Mauro report that "Supreme Court Won't Hear Guantanamo Detainees' Appeal." And Justin Scheck has a report headlined "Defense Lawyers Dismayed by 9th Circuit Ruling on Willful Ignorance" that begins, "The question of how to determine whether someone knew they were committing a crime has long been an epistemological briar patch. As 9th Circuit Judge Alex Kozinski put it in a Monday opinion, 'we've seen a proliferation of narrow, heavily fact-dependant and at times contradictory opinions that have been difficult for both judges and litigants to navigate.' So, in his majority opinion for a 15-member en banc panel, Kozinski set out to 'clear away the underbrush' surrounding how juries should be told to treat a defendant who claims she didn't know that what she was doing was a crime, even if she probably should have." You can access today's en banc ruling of the U.S. Court of Appeals for the Ninth Circuit at this link. The Associated Press is reporting: Now available online are articles headlined "Supreme Court Won't Take Up Farm Ban" and "Court Rejects Appeal in James Brown Case." Posted at 11:10 PM by Howard Bashman "Little redress in US courts for detainees; The Supreme Court avoided a test of Bush's terror-fighting powers Monday, letting stand a ruling denying Guantanamo detainees access": Warren Richey will have this article Tuesday in The Christian Science Monitor. Posted at 11:05 PM by Howard Bashman "Supreme Court overturns Duke clean air law ruling": Reuters provides this report. And The Associated Press reports that "Court Boosts Regulators on Power Plants." You can access today's U.S. Supreme Court ruling in Environmental Defense v. Duke Energy Corp., No. 05-848, at this link. "Justices Say E.P.A. Has Power to Act on Harmful Gases": Tuesday in The New York Times, Linda Greenhouse will have an article that begins, "In one of its most important environmental decisions in years, the Supreme Court ruled on Monday that the Environmental Protection Agency has the authority to regulate heat-trapping gases in automobile emissions." Tomorrow's paper will also contain a news analysis headlined "Ruling Undermines Lawsuits Opposing Emissions Controls." Tuesday in The Washington Post, Robert Barnes and Juliet Eilperin will have a front page article headlined "High Court Faults EPA Inaction on Emissions; Critics of Bush Stance on Warming Claim Victory." Tuesday in The Christian Science Monitor, Warren Richey and Brad Knickerbocker will have an article headlined "Supreme Court: EPA must address climate risk; The high court's 5-to-4 ruling Monday rejects the White House's view and hands environmentalists a major victory." David G. Savage of The Los Angeles Times provides a news update headlined "Greenhouse gases subject to regulation, Court rules." James Vicini of Reuters reports that "US court rules against Bush in global warming case." Greg Stohr of Bloomberg News reports that "High Court Tells EPA to Consider Global Warming Steps." And Patti Waldmeir and Edward Luce of Financial Times provide a report headlined "Blow for White House over emissions." You can access at this link today's U.S. Supreme Court ruling in Massachusetts v. EPA, No. 05-1120. "Supreme Court Denies Guantanamo Appeal": Linda Greenhouse will have this article Tuesday in The New York Times. The Washington Post will report on Tuesday that "Justices Won't Hear Detainee Rights Cases -- for Now." James Vicini of Reuters reports that "Top court won't decide Guantanamo prisoner appeal." Greg Stohr of Bloomberg News reports that "Guantanamo Bay Inmate Appeals Rejected by High Court." And CNN.com reports that "Supreme Court rejects appeal by Gitmo prisoners." The order denying certiorari, accompanied by the joint statement respecting the denial of certiorari of Justices John Paul Stevens and Anthony M. Kennedy, can be accessed here. The dissenting opinion of Justice Stephen G. Breyer, in which Justice David H. Souter joined in full and Justice Ruth Bader Ginsburg joined in part, can be accessed here. Atlanta Braves 5, Philadelphia Phillies 3 (10 innings): Strong opening day starts from John Smoltz of the Braves and Brett Myers of the Phillies went to waste as the game was deadlocked at 3-3 once neither starter remained. Despite some tense moments before a sell-out crowd in Philadelphia, the revamped bullpen for the Braves today lived up to its advance billing, holding the Phillies scoreless, while Braves shortstop Edgar Renteria hit his second home run of the day to notch the victory. You can access the box score at this link, while recaps are available here and here. The weather was beautiful, and I had the pleasure of chatting briefly with Phillies Assistant General Manager Ruben Amaro Jr. and his brother Dave while the Phillies held a 3-2 lead. Both Ruben and Dave attended Penn Charter with me many, many years ago, and it was great to see them again. Programming note: Today is opening day for the Philadelphia Phillies, hosting the Atlanta Braves at Citizens Bank Park. My son and I will be viewing the game from this location. Additional posts, including a game recap, will appear online here tonight. BREAKING NEWS -- "Court: Feds Can Regulate Car Emissions": The Associated Press provides a report that begins, "The Supreme Court ordered the federal government on Monday to take a fresh look at regulating carbon dioxide emissions from cars, a rebuke to Bush administration policy on global warming." And at "SCOTUSblog," Lyle Denniston has a post titled "EPA must consider global warming again." Lyle reports that the ruling divided the Court 5-4. The opinions that the U.S. Supreme Court issued today in argued cases will be available via this link once the Court posts them online. And the opinions may be available online sooner via "SCOTUSblog," because the Court doesn't mind that a blog is the first free online source for its newly-issued opinions. "Is the Tort System Costing the United States $865 Billion a Year?" Seventh Circuit Judge Richard A. Posner has this post at "The Becker-Posner Blog." And his co-blogger, Gary S. Becker, offers this response. Posted at 10:14 AM by Howard Bashman Joseph Frederick is originally from Texas, where a "Bong Hits 4 Jesus" banner would have bothered no one: Yesterday's issue of The Longview (Tex.) News-Journal contained an article that begins, "Former Henderson resident Joseph Frederick never thought his high school fight for free speech rights would propel him to the national limelight in a case that recently was heard by the U.S. Supreme Court. After leaving Henderson with his family and moving to Alaska while a sophomore in high school, he was looking for a way to capture the attention of news camera crews during a parade in 2002 in which the Olympic torch was passing near his Juneau-Douglas High School." (Via "Religion Clause.") Posted at 10:11 AM by Howard Bashman BREAKING NEWS -- No SCOTUS review of GITMO detainee cases at this time: At "SCOTUSblog," Lyle Denniston has a post titled "Court denies habeas cases" that begins, "The Supreme Court on Monday denied review in two new Guantanamo detainee cases. Three Justices dissented, and two others wrote separately about the denial." It takes a total of four votes to grant review. And The Associated Press reports that "Court Rejects Gitmo Detainees' Appeal." "SCOTUSblog" has posted today's regular Order List at this link. The opinions relating to today's denial of review in the Guantanamo detainees litigation will be available via this link once the U.S. Supreme Court posts them online. "Are State Law, City Ordinance Regulating All Pit Bulls as 'Vicious Dogs' Unconstitutional?" That is the issue in a case to be argued this morning before the Supreme Court of Ohio. The court's summary of the case can be accessed here, while the docket entries providing access to various court filings can be accessed here. The decision under review, which you can view at this link, begins: "This appeal comes to us from a judgment issued by the Toledo Municipal Court, which found state and local 'vicious dog' laws to be constitutional. Because we conclude that the trial court erred as a matter of law, we reverse." You can view today's Ohio Supreme Court oral arguments live, online, via this link. The oral argument in this case is expected to begin around 10 a.m. eastern time. Later, when the oral argument video becomes available from the court's oral argument archive, you will be able to access the video via this link. Correction: Thanks to a reader who emailed to note that the oral argument in this case is scheduled for Wednesday of this week, and not today (Monday). "Dr. Hook: The ouster of eight U.S. attorneys was part of the Bush administration's plan to enhance executive power." Dahlia Lithwick has this essay in the April 2007 issue of The American Lawyer. Posted at 08:07 AM by Howard Bashman "A User's Guide to Law School Supreme Court Clinics": Today's installment of my weekly "On Appeal" essay for law.com can be accessed here. Posted at 08:04 AM by Howard Bashman "Rights for Gitmo detainees: Denying Guantanamo Bay inmates their day in court is a continuing, unnecessary outrage." This editorial appears today in The Los Angeles Times. Posted at 08:00 AM by Howard Bashman "Bush officials want Gonzales' hearing to be sooner; The attorney general is scheduled to appear April 17; The Senate Judiciary Committee's chairman says his panel needs the time": The Los Angeles Times contains this article today. And in somewhat related coverage, The New York Times reports today that "Crime Intensifies Debate Over Taping of Suspects." "Preserving a Free Campus Press: An Illinois law that prevents administrative meddling is an important step forward." This editorial appears today in The Harvard Crimson. Posted at 07:45 AM by Howard Bashman Available online from The New Republic: Benjamin Wittes has an essay entitled "Head Hunt: Obviously, Gonzales should resign; But who should replace him?" And Linda Hirshman has an essay entitled "Holy Orders: 'Don't ask, don't tell' is a strictly Christian policy."  
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