On Tuesday morning, I'll be among the many attorneys presenting oral argument to a three-judge panel of the U.S. Court of Appeals for the Third Circuit
in the related cases listed here
The U.S. Supreme Court will likely release one or more opinions in argued cases at 10 a.m. eastern time on Tuesday. "SCOTUSblog" will provide timely coverage of any developments.
Additional posts will appear here on Tuesday afternoon.
Available online from law.com:
Marcia Coyle reports that "High Court to Rule on Bias Avoidance in Major Job Discrimination Case
And Shannon P. Duffy reports that "3rd Circuit Hands Major Victories to Criminal Defense Bar."
"Justices Hear Arizona Case On Teaching English": This audio segment
(RealPlayer required) featuring Nina Totenberg
appeared on this evening's broadcast of NPR's "All Things Considered
"Justice Dept. asks court to lift Demjanjuk stay":
The Associated Press has this report
"Coleman files Senate appeal with state Supreme Court":
The Minneapolis Star Tribune has this news update
The St. Paul Pioneer Press has a news update headlined "Coleman files notice to appeal."
And The Associated Press reports that "Minnesota Senate race moves to high court appeal."
At his "Election Law" blog, Rick Hasen has a post titled "Coleman Appeals."
"Obama Urges C.I.A. Not to Be Discouraged by Memos": This article
will appear Tuesday in The New York Times.
The Washington Post has a news update headlined "In Visit, Obama Vows Support for CIA."
And The Associated Press reports that "Obama defends secret memo release to CIA employees."
"Justices to Rule on Law Banning the Depiction of Cruelty to Animals":
Adam Liptak will have this article
Tuesday in The New York Times.
"Court weighs state's duty to English learners":
The Associated Press has a report
that begins, "The Supreme Court seemed to divide into liberal and conservatives camps Monday during arguments in a case that could limit the power of federal courts to tell states to spend more money to educate students who aren't proficient in English."
At "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "Advocate Starr Watches as Justices Breyer and Scalia Spar."
And at "The School Law Blog" of Education Week, Mark Walsh has a post titled "Justices Weigh Arizona ELL Case."
You can access the transcript of today's U.S. Supreme Court oral argument in Horne v. Flores, No. 08-289, by clicking here.
"Dog-fighting videos at heart of Supreme Court case; The court will consider a law that bans the sale or possession of photos or videos of animals being harmed or mutilating one another; Free speech and animal cruelty are issues at stake in the case":
David G. Savage of The Los Angeles Times has this news update
Paula Reed Ward of The Pittsburgh Post-Gazette has a news update headlined "High court to hear dog fight video case."
Greg Stohr of Bloomberg News reports that "Animal Cruelty Law Draws U.S. High Court Review in Speech Case."
And James Vicini of Reuters reports that "US Supreme Court to rule on animal cruelty law."
"Justices skeptical on allowing Iraq to be sued":
Jesse J. Holland of The Associated Press has this report
Bob Egelko of The San Francisco Chronicle is reporting:
In today's newspaper, he has an article headlined "Torture case lawyers may face jail for letter
And in this past Saturday's newspaper, he had an article headlined "Judge rejects bid to derail wiretap challenge."
"Court to give same-day audio in voting rights case":
The Associated Press has this report
And at "SCOTUSblog," Lyle Denniston has a post titled "Early release of voting rights audio."
"[W]e must decide whether the Second Amendment applies to the states through the Fourteenth, a question that Heller explicitly left open."
In an opinion
issued today, a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit
answers "yes." Circuit Judge Diarmuid F. O'Scannlain
wrote today's ruling, in which Circuit Judge Ronald M. Gould
and Senior Circuit Judge Arthur L. Alarcon
joined. Judge Gould also wrote a short concurring opionion.
At "The Volokh Conspiracy," Eugene Volokh notes today's ruling in this post.
"13-year-old's school strip-search case heads to Supreme Court":
CNN.com has this report
"Court rejects former Kan. utility CEO's appeal":
The Associated Press has a report
that begins, "The U.S. Supreme Court has rejected the appeal from former Kansas utility head David Wittig of his prison sentence following a 2003 bank fraud conviction."
"Killers languish on Pennsylvania death row as appeals drag on, stats show": This article
appears today in The Pittsburgh Tribune-Review.
And yesterday's edition of The Pittsburgh Post-Gazette contained articles headlined "For those convicted, it's a long road to the death penalty; Even if Richard Poplawski were to be sentenced to die, it may not happen" and "States finding death penalty's costs prohibitive."
Happy birthday to Justice John Paul Stevens:
According to today's installment
of the popular "Today in History" feature from The Associated Press, Justice Stevens turns 89 years old today.
The Associated Press is reporting:
"Court to decide if prosecutors can be sued
"Court turns down challenge to jury's use of Bible"; and
"Va. whistleblower loses bid for reinstatement."
"Crush with Eyeliner":
At "SCOTUSblog," Lyle Denniston reports that "Court to rule on First Amendment exception
And The Associated Press reports that "High court to review pit bull case."
You can access today's Order List of the Supreme Court of the United States at this link.
The en banc ruling of the U.S. Court of Appeals for the Third Circuit in this case can be accessed here. Some of this blog's earlier coverage of the case can be accessed here and here.
The video of the R.E.M. song that provides the title for this post can be viewed by clicking here.
"Annals Of Impeachment: Oust Bybee? Times' Call For Judge's Impeachment Reflects Widespread Frustration With Obama's Inaction On Torture."
CBS News legal analyst Andrew Cohen has this "CourtWatch" essay
I linked to the editorial to which Cohen is referring in this post from Saturday night.
"Mental damage from CIA tactics is disputed; Justice Department memos say no permanent harm was inflicted from interrogation techniques, but some doctors and psychologists disagree": This article
appears today in The Los Angeles Times.
The New York Times reports today that "Waterboarding Used 266 Times on 2 Suspects."
The Washington Post reports that "Emanuel Rejects Trial for Memos' Authors."
And in The Wall Street Journal, David B. Rivkin Jr. and Lee A. Casey have an op-ed entitled "The Memos Prove We Didn't Torture: The Red Cross was completely wrong about 'walling.'"
The New York Times today contains an editorial
that begins, "The Supreme Court has long struggled to balance the privacy rights of students against schools' need to keep campuses safe."
And today's edition of The Washington Post contains an editorial entitled "Strip Searches in School: The Supreme Court must weigh the rights of students against the duty of school officials to protect safety."
"Justices to hear Ariz. case; U.S. high court may settle English-learner controversy": This article
appears today in The Arizona Republic.
Today in The Arizona Daily Star, Howard Fischer reports that "Justices get AZ bilingual case today; US Supreme Court to hear arguments on whether state meets language orders."
The Associated Press reports that "Court to weigh state's duty to English learners."
And today's broadcast of NPR's "Morning Edition" contains an audio segment entitled "Supreme Court Hears Case On English In Schools" (RealPlayer required) featuring Nina Totenberg.
"The New Nattering Nabobs of Negativism Are Gunning For Obama's Judicial Nominees: A Republican Strategy That We Must All Hope Fails."
John W. Dean has this essay
online at FindLaw.