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Wednesday, April 20, 2005 Lyle Denniston is reporting online at "SCOTUSblog": Today, he has posts titled "Judge: Moussaoui competent to plead guilty"; "Huge tobacco case seems Court-bound"; and "Analysis: Reversal coming in patent case?" Posted at 11:55 PM by Howard Bashman "Santorum reads nuke polls, applies the brakes": Thursday's edition of The Hill will contain an article that begins, "Sen. Rick Santorum (R-Pa.), a leading advocate of the 'nuclear option' to end the Democrats' filibuster of judicial nominees, is privately arguing for a delay in the face of adverse internal party polls." The McClatchy Newspapers report that "Congressional showdown over judicial nominees could begin Thursday." Thursday's edition of The Dallas Morning News will report that "Filibuster issue leads to rallies; Right, left aim to seize moral ground in dispute on judicial nominations." Thursday's edition of Financial Times contains an article headlined "Republican politicking muddies fight on judicial posts" and an editorial entitled "Trouble on the Hill." From South Dakota, The Associated Press reports that "U.S. Senate battle over rules could risk state highway money." The Jewish Week reports that "Judicial Wars Turning Uglier: With showdown over nominees nearing, conservatives' message that 'religion is under attack' is rankling Jewish leaders and Democrats." The Scripps Howard News Service reports that "Salazar calls tactics of Focus on the Family 'un-Christian.'" Washington Square News reports that "Filibusters topic of debate at law school." Participating in the debate were Nan Aron and Bruce Fein, while Adam Cohen of The New York Times Editorial Board served as moderator. In commentary, The Montgomery Advertiser today contains an editorial entitled "Playing 'religion card' misguided tactic." The Pitt News today contains an editorial entitled "Faith-based anti-filibuster campaign a bust." The Chattanooga Times Free Press contains an editorial entitled "Bill Frist's demagoguery." The Tennessean yesterday contained an editorial entitled "Dangerous mix of faith into filibuster debate." The News Tribune of Tacoma, Washington yesterday contained an editorial entitled "GOP’s Frist should shun dirty attack on judiciary." Last Friday, The Peoria Journal Star contained an editorial entitled "Wrong to discard Senate filibuster." Today in The New York Observer, columnist Joe Conason has an essay entitled "Frist and allies use piety for profit; Republicans morph opposition of judicial nominees into 'war on people of faith.'" Columnist James Lileks has an essay entitled "This Time, McCain Doesn't Get a Pass." Today in The Christian Science Monitor, Jonathan Zimmerman has an op-ed entitled "Losing our religion." In the current issue of The Forward, Rabbi Arthur Waskow has an essay entitled "Thou Shalt Not Revile the Judges." Yesterday in The Pittsburgh Post-Gazette, columnist Tony Norman had an op-ed entitled "Christians in lion's clothing." Finally for now, James Ridgeway's current "Mondo Washington" column online at The Village Voice is entitled "The GOP's Fright Wing: DeLay and Frist light the torches for a crusade against 'activist' judges." "Finally, Miller and Cooper Turn to the Supreme Court": Editor & Publisher offers this report today. Posted at 11:08 PM by Howard Bashman "GOP Frets Over Public's Economic Worries": Thursday's edition of The Washington Post will contain a front page news analysis piece that begins, "Inflation and interest rates are rising, stock values have plunged, a tank of gas induces sticker shock, and for nearly a year, wages have failed to keep up with the cost of living. Yet in Washington, the political class has been consumed with the death of a brain-damaged woman in Florida, the ethics of the House majority leader, and the fate of the Senate filibuster." Posted at 11:05 PM by Howard Bashman "2 Winona High students at center of hot-button issue": Thursday's edition of The Minneapolis Star Tribune will contain an article that begins, "Two Winona High School students have found themselves in hot water with school officials. Why? Because after Carrie Rethlefsen attended a performance of the play 'The Vagina Monologues' last month, she and Emily Nixon wore buttons to school that read: 'I [heart] My Vagina.'" Posted at 11:00 PM by Howard Bashman In Thursday's edition of The New York Times: Neil A. Lewis will have an article headlined "For Republicans, 2 Women Are Exhibits A and B in Battle on Judicial Appointments." In other news, "Pentagon Considers Changing The Legal Definition of Sodomy." An article will report that "Judge Rules 9/11 Defendant Is Competent to Plead Guilty." And finally for now, "Jeffords to Leave the Senate, Setting Off Vermont Scramble." Also available online from law.com: In addition to Tony Mauro's article noted in the post immediately below this one, the following law.com articles are also available online tonight. An article reports that "Ex-Gulf War POWs Plead Their Case to Supreme Court; Former hostages say they should have right to sue Iraq for torture sustained during Persian Gulf War." Jonathan Ringel has a very interesting article headlined "11th Circuit Judge Stands Ground on Sentencing Rules; Judge Edward E. Carnes fights criticism from colleagues, 7th Circuit." Jeff Chorney reports that "Deputy AG Comey to Step Down." And in news from California, "Ex-Partners Sue Townsend for Cut of Fees." "Two High Court Justices Un-Recuse From Key Patent Case": Tony Mauro has this interesting essay online at law.com. Posted at 10:05 PM by Howard Bashman Someone identified as "a judge" uses the internet to defend Tom DeLay's comments condemning judges for using the internet: Something about this anonymous email posted at "The Corner" strikes me as fishy. Maybe it's the anonymous emailer's use of "appellant judges" where he or she clearly means "appellate judges"? Posted at 10:00 PM by Howard Bashman "Republicans pushing swift confirmation for Pryor": The Associated Press provides this report. Posted at 09:04 PM by Howard Bashman "Man arrested for alleged threats against B'klyn federal judge": This article appears today in New York Newsday. Posted at 08:50 PM by Howard Bashman News updates available online from The Los Angeles Times: An article reports that "Moussaoui Guilty Plea to Be OKd." In other news, "Jeffords Won't Seek Re-Election to Senate." And in local news, "L.A. Gang Member Sentenced to Die; Defendant tells judge they would meet 'in hell'; Judge says he killed 'for sport.'" "7th Circuit makes linking difficult! And worse!" Marcia Oddi has this post today at "The Indiana Law Blog." Posted at 06:05 PM by Howard Bashman "Judge Brotman looks back on decades of serving V.I. through storm and change": This article appeared last Thursday in The Virgin Islands Daily News. Posted at 05:45 PM by Howard Bashman "Sen. Kennedy reaches out to the netroots": The blog "Blue Mass. Group" offers this "nuclear option"-related post. Posted at 05:10 PM by Howard Bashman Available online from The Associated Press: Hope Yen reports that "High Court Skeptical on Drug Patent Ruling." In other news, "Court Closes Arguments in FBI Case." And an article reports that "Moussaoui Could Face the Death Penalty." "Supreme Court Reins In Suits By Shareholders": Jess Bravin has this article (pass-through link) today in The Wall Street Journal. Posted at 04:44 PM by Howard Bashman Access online the agenda for tomorrow morning's executive business meeting of the Senate Judiciary Committee: The agenda can be accessed here. You will note that Eleventh Circuit Judge William H. Pryor, Jr. appears on this week's agenda, meaning that if he is not voted out of committee tomorrow, he will be due to be voted out of committee at the next executive business meeting after tomorrow's. Posted at 04:10 PM by Howard Bashman "Nuclear option meltdown": T. Bevan has this post today at the RealClearPolitics.com "Commentary" blog. Posted at 04:05 PM by Howard Bashman "Frist's Folly: The Senate filibuster is inherently conservative; That's why we need it." Jacob Weisberg today has this essay online at Slate. Posted at 03:55 PM by Howard Bashman Access online the Solicitor General's reply brief in the Solomon Amendment case: The reply brief is now available at this link. The other materials filed with the U.S. Supreme Court can be accessed via this post of mine from yesterday. The case is scheduled to be conferenced on April 29, 2005, and thus we may learn whether review has been granted as early as Monday, May 2, 2005. I continue to believe that the Supreme Court is very likely to accept this case for review. Posted at 03:24 PM by Howard Bashman "Canada Approves Cannabis Spray; The drug will be used to treat pain from multiple sclerosis; Medicinal marijuana advocates see decision as furthering their cause in the U.S." This article appears today in The Los Angeles Times. Posted at 03:18 PM by Howard Bashman "Sen. Jeffords Won't Seek Re-Election": The Associated Press reports here that "Sen. Jim Jeffords, an independent who triggered one of the most dramatic upheavals in U.S. Senate history when he quit the GOP four years ago, announced Wednesday he would retire at the end of his term next year, citing his and his wife's health." Posted at 02:32 PM by Howard Bashman An international law ruling that Tom DeLay might applaud: Reuters has a report headlined "Italian Court Rules Woman's Feeding Tube Must Stay" that begins, "Italy's Supreme Court on Wednesday rejected a man's appeal to remove a feeding tube keeping his daughter alive, weeks after a bitter row over brain-damaged Terri Schiavo divided the United States." Posted at 02:22 PM by Howard Bashman Hear Tom DeLay on the internet discussing international law: You can listen to his interview yesterday on Tony Snow's Fox News Radio program by clicking here (Windows Media Player). Congressman DeLay begins discussing the judiciary at approximately 10 minutes and 30 seconds into the broadcast. Delay's discussion of Supreme Court Justice Anthony M. Kennedy runs from 11:40 to 12:00. (Thanks to "Qroncy" for the direct link to the audio.) Posted at 02:15 PM by Howard Bashman "The case is a symphony of frivolousness." So writes Seventh Circuit Judge Richard A. Posner, on behalf of a unanimous three-judge panel, in a must-read attorney sanction opinion issued today. On a somewhat unrelated note, the Seventh Circuit recently changed the way that its opinions are made available over the internet. Compare the link that I have provided to the opinion in the preceding paragraph of this post to the link that appears in your web browser's window once the file opens. I'd be curious to hear from any readers who can explain why a court would have its opinions open at what appear to be "temporary" link addresses that will prove useless to anyone who later wants to revisit the decisions. Or am I simply ignorant about what's going on here? "Accused 9/11 Conspirator to Plead Guilty Friday": Reuters provides this report. This will be Moussaoui's second attempt at pleading guilty, and according to Reuters the hearing is scheduled to begin at 3:30 p.m. eastern daylight time this Friday. A copy of the federal district court's docket entries in this case can be accessed here. Zacarias Moussaoui's first attempt to plead guilty occurred on July 25, 2002, and it concluded with the trial court's rejection of the guilty plea, as I reported here that afternoon. Later that day, I linked here to a transcript of that day's guilty plea proceedings. The Associated Press is reporting: An article reports that "Judge to Accept Moussaoui's Guilty Plea." And Hope Yen reports that "Supreme Court Reviewing Drug Patents." Posted at 12:20 PM by Howard Bashman "Placer deputies face trial linked to pot raids in '90s": Claire Cooper, legal affairs writer for The Sacramento Bee, today has this article reporting on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued yesterday. Posted at 12:15 PM by Howard Bashman "Court Won't Rehear Tobacco Penalty Ruling": Reuters provides this report. And The Associated Press reports that "Court Nixes U.S. Request in Tobacco Trial." Posted at 11:48 AM by Howard Bashman In news from Washington State: The Seattle Post-Intelligencer today contains articles headlined "Court agrees Arco biased against Sikh-owned contractor; But $5 million damage award found too high" and "GOP analysis gives Rossi 100-vote win; But Democrats say state law doesn't allow counting like that." And The Seattle Times today contains an article headlined "Snohomish district lifts suspension over T-shirt" that begins, "The Snohomish High School student who was suspended for wearing a 'SNOHOS' T-shirt to school in February will be allowed to wear the shirt to school after all." "Court Blocks Ban on Risky Trains in D.C.": The Associated Press provides this report about an order that a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit issued yesterday. Posted at 10:40 AM by Howard Bashman "Slate's Jurisprudence: A Public Balancing Act for Judges." This interesting segment (featuring Emily Bazelon) about judges who speak out in public appeared on yesterday's broadcast of NPR's "Day to Day." RealPlayer is required to launch the audio segment. Posted at 10:35 AM by Howard Bashman "Sleepy Juror Gets Rude Awakening": This article appears today in The Los Angeles Times. Posted at 10:30 AM by Howard Bashman DeLay disclaimer -- this post discusses foreign law that I learned about by using the internet: In appellate news from the Supreme Court of Cambodia, The Associated Press offers a report headlined "Brewery Claims Victory Over Anheuser-Busch" that begins, "Czech brewery Budejovicky Budvar said Wednesday it won the latest round of its global legal battle against U.S. beer giant Anheuser-Busch Ltd., gaining the right to sell its beer under its original brand names in Cambodia. The company said Cambodia's Supreme Court ruled in favor of the Czech brewery earlier this month in a case dating back to 2000." The web site of Budejovicky Budvar can be accessed here. The web site of the Supreme Court of Cambodia does not appear to exist. And in other news from Cambodia, Reuters reports that "30 Years After 'Year Zero,' Cambodia Seeks Justice." "Bush nominee imperils disabled citizens' gains": Today in The Baltimore Sun, Jim Ward has this op-ed about Fourth Circuit nominee Terrence W. Boyle. Thanks to the "Disability Law" blog for the pointer. Posted at 09:58 AM by Howard Bashman Happy anniversary! I can't let the day pass by without noting that today is the one-year anniversary of the date on which legalaffairs.org began hosting this blog. Posted at 09:54 AM by Howard Bashman "Supreme Court to discuss MHSAA case on April 29": The Detroit Free Press today contains an article that begins, "The Michigan High School Athletic Association should know by May 2 if the U.S. Supreme Court will hear its appeal of a gender-equity lawsuit, which could force the association to change the seasons in which several sports are played." Posted at 08:50 AM by Howard Bashman "Court hears Ohio death-row case": Michael McGough has this article today in The Toledo Blade. Posted at 08:48 AM by Howard Bashman "Piercing case review sought": The Republican of Springfield, Massachusetts today contains an article that begins, "A woman who was fired by Costco Wholesale Corp. in West Springfield in 2001 for refusing to remove her eyebrow ring is seeking a review of her case by the U.S. Supreme Court." Posted at 08:45 AM by Howard Bashman "DeLay amplifies knocks on judges; International law and Web shouldn't sway Kennedy's decisions, he says": This article appears today in The Houston Chronicle. Posted at 07:24 AM by Howard Bashman "Lobby urges Specter to keep filibuster intact": The Pittsburgh Post-Gazette today contains an article that begins, "As the Senate's Republican leaders draw closer to calling a vote on the controversial rule change that would essentially strip minority Democrats of their ability to block controversial judicial nominees, a liberal group today will begin targeting Pennsylvania's Republican Sen. Arlen Specter through TV ads running in the Keystone State." I, for one, will be shocked if Senator Arlen Specter (R-PA) votes in favor of the so-called "nuclear option." Online at Slate, Chris Cillizza has an essay entitled "The Rules of the Senate: What they are, why they matter, and how they'll figure in the filibuster fight." Yesterday, The Virginian-Pilot contained an editorial entitled "The high road on filibusters." In The Denver Post, columnist Al Knight has an op-ed entitled "Common ground elusive in U.S. Senate." In The Oregonian, columnist David Sarasohn has an essay entitled "Right wing to the judiciary: Judge Not." In The Dallas Morning News, Mark Davis has an essay entitled "Politics can have a place at the pulpit, too." In The Boston Herald, Guy Darst has an essay entitled "Courts still need restraint." And in The Orion of California State University Chico, Gregory Leben has an op-ed entitled "Filibuster debate goes on and on." "Justices Raise the Bar on Stock Fraud Cases; A plunge in share price is not grounds for a suit even if investors were lured by a company's inflated claims, the Supreme Court rules": David G. Savage has this article today in The Los Angeles Times. In USA Today, Joan Biskupic reports that "Supreme Court overturns investor-friendly ruling on securities fraud." In Financial Times, Patti Waldmeir reports that "Court refuses to make securities fraud suits easier." The San Diego Union-Tribune reports that "Drugmaker wins in stock fraud lawsuit; Supreme Court declines to ease standard on claims." And The San Francisco Examiner reports that "High court keeps securities fraud standard." "High Court Is Set to Hear Case of Research vs. Patents": This article appears today in The Los Angeles Times. The Boston Globe reports today that "Drug makers see high stakes in patent fight; Case could affect future of industry." The News & Observer of Raleigh, North Carolina reports that "Patent case arrives at top; High court may affect drug companies." And Hope Yen of The Associated Press reports that "Supreme Court Reviews Drug Patents."  
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