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Tuesday, April 28, 2009 "Torture Memo Author Not Seen As Ideologue": This audio segment (RealPlayer required) about Ninth Circuit Judge Jay S. Bybee appeared on this evening's broadcast of NPR's "All Things Considered." Posted at 11:18 PM by Howard Bashman "Federal court restores torture flight lawsuit against San Jose company": Howard Mintz of The San Jose Mercury News has an update that begins, "A federal appeals court today reinstated a lawsuit against a San Jose-based company accused of participating in the CIA's so-called 'torture flights,'' rejecting the Obama administration's argument that it would expose national security secrets." And The Associated Press reports that "Fed court revives rendition lawsuit against Boeing." You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link. "Business Downturn: As the market tumbles, so does the corporate pre-emption defense." David G. Savage will have this article in the May 2009 issue of ABA Journal magazine. Posted at 02:50 PM by Howard Bashman "Civil rights institute named for Korematsu": This article appears today in The San Francisco Chronicle. Posted at 02:45 PM by Howard Bashman "Supreme Court Rules that Government Can Fine for 'Fleeting Expletives'": Robert Barnes of The Washington Post has this news update. David G. Savage of The Los Angeles Times has a news update headlined "Supreme Court upholds regulation of 'indecent' language on TV; In a 5-4 decision, the court rules the FCC has the authority to crack down on the 'foul-mouthed glitteratae from Hollywood'; The ruling allows huge fines on broadcasters for airing a single expletive." Jess Bravin and Amy Schatz of The Wall Street Journal have a news update headlined "Court Upholds FCC 'Fleeting Expletive' Rule." Greg Stohr of Bloomberg News reports that "FCC Ban on Expletives Revived by U.S. Supreme Court." James Vicini of Reuters reports that "U.S. top court upholds TV profanity crackdown." And at "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "No Expletives, Fleeting or Otherwise, Uttered by Scalia." "Court hears case of state investigations of banks": Jesse J. Holland of The Associated Press has this report. And John Schwartz of The New York Times has a news update headlined "Justices Hear Arguments on Bank Regulation." Earlier, on today's broadcast of NPR's "Morning Edition," Nina Totenberg had an audio segment entitled "Court To Hear Case On Power To Investigate Banks" (RealPlayer required). "Top U.S. court backs Tennessee death row inmate": James Vicini of Reuters has this report. Posted at 12:30 PM by Howard Bashman "Sources: Sen. Specter intends to switch parties." The Associated Press has a report that begins, "Several officials say veteran Republican Sen. Arlen Specter of Pennsylvania intends to switch parties, advancing his own hopes of winning a new term next year while pushing Democrats one step closer to a 60-vote filibuster-resistant majority." Bloomberg News reports that "Senator Arlen Specter to Seek Re-Election as a Democrat." Reuters reports that "Sen. Specter changing to run as a Democrat." The "From The Source" blog of The Philadelphia Inquirer has a post titled "Arlen Specter to switch to Democratic party." "The Caucus" blog of The New York Times has a post titled "Specter To Switch Parties." And "The Fix" blog of The Washington Post has a post titled "Specter To Switch Parties." You can access the web site of U.S. Senator Arlen Specter (?-PA) at this link. "Is Crime Victims Rights Law Being Misused in Environmental Cases?" law.com has this report. Posted at 10:35 AM by Howard Bashman Access online today's opinions of the U.S. Supreme Court in argued cases: The Court today issued a 5-4 ruling in FCC v. Fox Television Stations, Inc., No. 07-582, also known as the "fleeting expletives" case. Justice Antonin Scalia delivered the opinion of the Court, in which the Chief Justice and Justices Anthony M. Kennedy, Clarence Thomas, and Samuel A. Alito, Jr. joined. Justice Thomas also issued a concurring opinion. Justice Kennedy also issued an opinion concurring in part and concurring in the judgment. Justices John Paul Stevens and Ruth Bader Ginsburg each issued dissenting opinions. And Justice Stephen G. Breyer issued a dissenting opinion in which Justices Stevens, David H. Souter, and Ginsburg joined. You can access the ruling at this link and the oral argument transcript at this link. This blog's earlier coverage of the oral argument can be accessed here and here. Today's second ruling issued in Cone v. Bell, No. 07-1114. Justice Stevens delivered the opinion of the Court, in which Justices Kennedy, Souter, Ginsburg, and Breyer joined. The Chief Justice issued an opinion concurring in the judgment. Justice Alito issued an opinion concurring in part and dissenting in part. And Justice Thomas issued a dissenting opinion, in which Justice Scalia joined. You can access the ruling at this link and the oral argument transcript at this link. At "SCOTUSblog," Lyle Denniston has a post titled "Court partly upholds 'dirty words' ban." And in early news coverage, The Associated Press reports that "FCC 'fleeting expletives' policy in -- for now" and "Court rules for Tenn. death-row inmate." "'I pity the fool': Mr. T on jury duty; Star wows the crowd -- including defendant's family -- but is not chosen." This article appears today in The Chicago Sun-Times. Posted at 09:40 AM by Howard Bashman "Who attended 'torture' briefings? A GOP lawmaker wants to know; Rep. Peter Hoekstra seeks full disclosure about who on Capitol Hill knew about US interrogation methods -- a move that may put certain Democrats on the spot." Gail Russell Chaddock of The Christian Science Monitor has this report. Today's edition of The New York Times contains an article headlined "How '07 ABC Interview Tilted a Torture Debate." And today in The Wall Street Journal, columnist William McGurn has an op-ed entitled "Torture and the 'Truth Commission': Why has Congress failed to outlaw waterboarding?" "Judge in Asbestos Case Angrily Lectures Prosecutors": The New York Times contains this article today. The Missoulian reports today that "Charges against 1 defendant dropped in Grace trial." The Associated Press reports that "Judge slams govt case in Grace asbestos trial." And Bloomberg News reports that "W.R. Grace Asks Judge to Throw Out 'Political Prosecution.'" Additional coverage is available from the "Grace Case" blog. "A Quiet Day in Iowa as Same-Sex Couples Line Up to Marry": This article appears today in The New York Times. Today's edition of The Kansas City Star contains an article headlined "Gay couples line up to wed in Iowa." The Des Moines Register contains articles headlined "Wedding-day wait ends for same-sex couples"; "Governor says opposition to amendment is consistent with pledge"; "Couples halted in '07 resume plans"; "Protesters are quiet in expressing views"; and "Day's events lead up to parties statewide." And in news from Connecticut, The Hartford Courant reports that "Phelps' Westboro Baptist Church To Protest Gay Marriage Law." "NRG Appeal in Electricity Case Gets U.S. Supreme Court Review": Greg Stohr of Bloomberg News has this report. Posted at 09:20 AM by Howard Bashman In today's edition of The Newark (N.J.) Star-Ledger: The newspaper contains articles headlined "State's new formula for funding schools goes to top court" and "Jersey City defends gun sale restrictions before top court." Posted at 09:15 AM by Howard Bashman "Liberals push Bybee impeachment": Josh Gerstein has this article at Politico.com. And today at Time magazine's web site, you can access a profile headlined "Jay Bybee: The Man Behind Waterboarding." "An 'Appropriate' Education -- A Supreme Court case highlights a question: Why deny D.C. children what special-needs students get?" The Washington Post contains this editorial today. Posted at 08:55 AM by Howard Bashman "In Ecuador, High Stakes in Case Against Chevron": This lengthy article appears today in The Washington Post. Posted at 08:54 AM by Howard Bashman "Issue of Execution and the Retarded Returns to Supreme Court": Adam Liptak has this article today in The New York Times. The Tribune Chronicle of Warren, Ohio reports today that "Capital case awaits ruling; Supreme Court decision could affect local man." And earlier, Sunday's edition of The Cincinnati Enquirer reported that "High court hears death case." "When Banks Discriminate": Today's edition of The New York Times contains an editorial that begins, "The Supreme Court hears arguments on Tuesday in a case that gives the justices a particularly timely chance to allow state officials to act when national banks break the law." Posted at 08:30 AM by Howard Bashman "On Voting Rights, Test of History v. Progress": Adam Liptak has this article today in The New York Times. Posted at 08:27 AM by Howard Bashman "High Court Ends Sanofi's Fight In Lovenox Case": This article appears today in The Wall Street Journal. And Greg Stohr and Susan Decker of Bloomberg News report that "Sanofi Rebuffed by U.S. High Court on Lovenox Patent." "How free is student speech?" David L. Hudson Jr. has this news analysis online at the First Amendment Center. Posted at 08:14 AM by Howard Bashman The Associated Press is reporting: Jesse J. Holland reports that "Court to hear case on power to investigate banks." And in other news, "Supreme Court takes up special education case." "Is It a Violation of Privacy Law to Reproduce a MySpace Posting in a Context Where the Very People It Targets Will See It? A California Court Says No, But Allows An Intentional Infliction of Emotional Distress Claim to Stand." Julie Hilden has this essay online at FindLaw. Posted at 08:05 AM by Howard Bashman "Thomas and Breyer Discuss Supreme Court Clerk Diversity at Budget Hearing": law.com's Tony Mauro has this report. Via C-SPAN, you can watch last Thursday's hearing by clicking here.  
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