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Tuesday, May 31, 2005 "Justices Reject Auditor Verdict in Enron Scandal": Linda Greenhouse will have this article Wednesday in The New York Times. That newspaper will also contain articles headlined "Reversal of Andersen Conviction Not a Declaration of Innocence"; "Decision Rekindles Debate Over Andersen Indictment"; and "Andersen Ruling Could Aid Appeal of Former Banker." In Wednesday's edition of The Washington Post, Charles Lane will report that "Justices Overturn Andersen Conviction; Advice to Enron Jury On Accountants' Intent Is Faulted." The newspaper will also contain an article headlined "Ruling Won't Deter Prosecution of Fraud; Andersen Decision Seen as a Rebuke." In Wednesday's edition of The Los Angeles Times, David G. Savage will report that "Justices Draw Line After Firm's Fall; High court says it wasn't proved that defunct accounting giant Arthur Andersen intended to commit a crime in the Enron scandal.." The Chicago Tribune provides a news update headlined "Andersen's victory bittersweet for former employees." Bloomberg News reports that "Andersen Conviction Overturned by U.S. Supreme Court." Wednesday's edition of The Times of London reports that "Arthur Andersen retrial likely after conviction is overturned." Related articles are headlined "Anderson verdict may help future document destroyers" and "Shredding lapse that doomed firm." Wednesday's edition of The Independent (UK) reports that "US Supreme Court overturns guilty verdict in Arthur Andersen case." Wednesday's edition of The Guardian (UK) reports that "Andersen cleared by supreme court over Enron." Wednesday's edition of The Telegraph (UK) reports that "Supreme Court overturns Andersen conviction." Finally for now, this evening's broadcast of PBS's "The NewsHour with Jim Lehrer" contained commentary about the ruling (RealPlayer required) from Jan Crawford Greenburg of The Chicago Tribune. "Judge Hatchett Ruling Overturned By Judge Joe Brown": The Onion partakes in the neverending joy of appellate court coverage. Posted at 10:50 PM by Howard Bashman U.S. Department of Justice must disclose Office of Legal Council memorandum regarding federal immigration law, Second Circuit rules: You can access today's ruling of the U.S. Court of Appeals for the Second Circuit, in a lawsuit brought by the ACLU and other plaintiffs against the Justice Department, at this link. Posted at 10:40 PM by Howard Bashman Available online from law.com: Tony Mauro reports that "High Court Blesses Document Policies in Andersen Case." An article reports on "The New Calculus for a Supreme Court Nomination." In other news, "Big Media Want FCC Regs Case Heard; Conglomerates push Supreme Court to review cross-ownership rules, but the government hasn't joined them." And in news from New York, "Bid to Crack Nasdaq's Immunity Shield Fails; Court rejects fraud exception where SRO's actions are consistent with its quasi-governmental powers" and "Sept. 11 Perjury Charges Stand Despite Shackles in Court; Trial delayed while prosecutors contest ruling on questioning of grand jurors." "California appeals judge's ruling on gay marriage": Reuters provides this report. Posted at 10:23 PM by Howard Bashman "Dress Barn Wins Appeal; $32 Million Judgment Overturned": The Dress Barn, Inc. has issued this press release concerning a decision that the Supreme Court of Connecticut issued today. Posted at 10:20 PM by Howard Bashman "Appeals court upholds $80 million damages in alder log case": The Associated Press provides this report on an antitrust ruling that the U.S. Court of Appeals for the Ninth Circuit issued today. In response to the ruling, Weyerhaeuser Company today issued a press release entitled "Weyerhaeuser Response to Ninth Circuit Court of Appeals Decision." "Supreme Court Rules in Ohio Prison Case": Linda Greenhouse will have this article Wednesday in The New York Times. And Gina Holland's report for The Associated Press begins, "The Supreme Court sided with a witch, a Satanist and a racial separatist Tuesday, upholding a federal law requiring state prisons to accommodate the religious affiliations of inmates." "Supreme Court Throws Out Arthur Andersen Conviction": This 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 In Wednesday's edition of The Christian Science Monitor: Warren Richey will have an article headlined "A boost for religious practice: A Supreme Court decision on prison rights is seen as a win for minority religious groups, too." And in other news, "High court overturns major conviction in Enron case; The reversal on technical grounds marks setback for the US Justice Department." "Judge: Feds May Ban Transport of Cocks." The Associated Press provides this report. Posted at 09:05 PM by Howard Bashman "Federal court nominee has Portage roots": The Kalamazoo Gazette today contains an article that begins, "Former Portage resident Susan Bieke Neilson was appointed circuit judge by former Republican Gov. John Engler. She is a member of the Federalist Society, a conservative legal group. A left-wing coalition is fighting her nomination as a judge on the 6th U.S. Circuit Court of Appeals." Posted at 09:04 PM by Howard Bashman "President says he'll consult on Supreme Court hopefuls; Bush cites filibuster deal, says he still aims to fix Social Security": This article will appear Wednesday in The Dallas Morning News. Posted at 08:55 PM by Howard Bashman News updates available online from The Washington Post: Charles Lane reports that "Justices Overturn Andersen." And in other news, "Washington Post Confirms Felt Was 'Deep Throat'; Woodward, Bernstein and Bradlee Reveal Former FBI Official as Secret Watergate Source." Don't ask me about my miniature Chief Justice John Jay bobblehead doll (0197/1056): Wouldn't it be something if The Green Bag were planning to issue a bobblehead doll depicting every Justice who ever served on the U.S. Supreme Court? Posted at 05:00 PM by Howard Bashman "Supreme Court Unanimously Overturns Andersen Conviction": David G. Savage of The Los Angeles Times provides this news update. Posted at 04:35 PM by Howard Bashman On today's broadcast of NPR's "Day to Day": The program contained segments entitled "Slate's Jurisprudence: End of High Court's Session" (featuring Emily Bazelon) and "The History of the Legal Pad." RealPlayer is required to launch these audio segments. Posted at 03:25 PM by Howard Bashman Self-styled supervillain wins appeal challenging sentence increase of ten years for having used fire to commit a felony: Today a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit, in an opinion by Circuit Judge Richard A. Posner, has ruled that one cannot be guilty of the federal crime of using fire to commit a federal felony (with its accompanying ten-year sentence add-on) where the underlying federal felony is arson. Posted at 03:00 PM by Howard Bashman "Judge: Ind. Can See Minor's Medical Records." The Associated Press reports here that "An Indiana judge ruled Tuesday that Planned Parenthood of Indiana must turn over to the state the medical records of its patients under 14." Posted at 02:42 PM by Howard Bashman D.C. Circuit's Division for the Purpose of Appointing Independent Counsels denies substantial portion of attorneys' fee reimbursement request filed by former White House Steward Bayani C. Nelvis: Today's D.C. Circuit ruling, which discusses former President Bill Clinton's relationship with Monica Lewinsky, can be accessed here. Posted at 02:24 PM by Howard Bashman "Court upholds inmates' religious rights law": James Vicini of Reuters provides this report. Posted at 02:08 PM by Howard Bashman "Bush denies losing clout, vows to press on": Reuters offers a report that concludes: As for the Senate compromise last week, Bush offered his own interpretation.You can access the complete transcript of President Bush's press conference from earlier today at this link. Posted at 01:00 PM by Howard Bashman "Supreme Court overturns Arthur Andersen's Enron conviction": Mary Flood of The Houston Chronicle provides this news update. Posted at 12:30 PM by Howard Bashman "A major death penalty case? Maybe not." Online at "SCOTUSblog," Lyle Denniston provides this report on the death penalty case from Kansas that the U.S. Supreme Court agreed to review today. Update: At the "Sentencing Law and Policy" blog, Law Professor Douglas A. Berman has a post titled "A capital waste of time?" "'Deep Throat' Reportedly Comes Forward": The Associated Press provides a report that begins, "A former FBI official says he was the source called 'Deep Throat' who leaked secrets about President Nixon's Watergate coverup to The Washington Post, Vanity Fair reported Tuesday. W. Mark Felt, 91, who was second-in-command at the FBI in the early 1970s, kept the secret even from his family until 2002, when he confided to a friend that he had been Washington Post reporter Bob Woodward's source, the magazine said." Update: Vanity Fair magazine has posted its article online here. On today's broadcast of C-SPAN's "Washington Journal": Today's program contained two don't-miss segments: Stuart Taylor Jr. discusses his recent article, "The Rehnquist Court" (click here to view clip); and retired Fifth Circuit Judge Charles W. Pickering, Sr. discusses the judicial confirmation process (click here to view clip). RealPlayer is required to launch these video clips. Posted at 12:14 PM by Howard Bashman Special Counsel Patrick J. Fitzgerald files federal government's brief in opposition in the Judith Miller, Matthew Cooper, Time Inc. reporter's privilege case: You can access the brief in opposition filed in the Supreme Court of the United States at this link. I previously provided links to the cert. petitions and a noteworthy amicus brief. Today's opinions and Order List from the Supreme Court of the United States: The Court today issued three decisions in argued cases. 1. Justice Stephen G. Breyer delivered the opinion of the Court in Tory v. Cochran, No. 03-1488. You can access the syllabus here; Justice Breyer's opinion here; Justice Clarence Thomas's dissenting opinion here; and the oral argument transcript here. 2. Justice Ruth Bader Ginsburg delivered the opinion on behalf of a unanimous Court in Cutter v. Wilkinson, No. 03-9877. You can access the syllabus here; Justice Ginsburg's opinion here; Justice Thomas's concurring opinion here; and the oral argument transcript here. 3. Chief Justice William H. Rehnquist delivered the opinion for a unanimous Court in Arthur Andersen LLP v. United States, No. 04-368. You can access the syllabus here; Chief Justice Rehnquist's opinion here; and the oral argument transcript here. Much additional information about this case is available via The Houston Chronicle here and here. In early press coverage, Hope Yen of The Associated Press reports that "Court Overturns Arthur Andersen Conviction." The AP's Gina Holland reports that "High Court Sides With Inmates on Religion" and "High Court Says Cochran Protests Are OK." The AP also reports that "Supreme Court to Take Up Death Penalty Law." James Vicini of Reuters reports that "Arthur Andersen conviction overturned." Reuters also reports that "Top court to decide Kansas death penalty law." And at "SCOTUSblog," Lyle Denniston has a round-up titled "Court upholds RLUIPA, rules for Arthur Andersen." Today's Order List can be accessed at this link. The Court today granted certiorari in a case challenging the decision of the Supreme Court of Kansas invalidating that State's death penalty law. Back in December 2004, I noted that ruling in a post you can access here. Monday, June 6, 2005 is the next scheduled date on which the Court will issue opinions and orders. On the agenda: At 10 a.m. today, the U.S. Supreme Court is scheduled to issue an Order List and one or more opinions in argued cases. Posted at 09:50 AM by Howard Bashman "GOP Election Challenge Enters Second Week": The Associated Press provides this report from Washington State. And in related coverage, The Seattle Times today reports that "2 who've appeared before Judge Bridges call him 'fair.'" "The Rehnquist Court": Stuart Taylor Jr. recently had this lengthy article in National Journal. I'll link to video of Stuart's appearance this morning on C-SPAN's "Washington Journal," where he discussed the article, once it's posted online. Posted at 08:40 AM by Howard Bashman "Majority vote remains on the table for future use": U.S. Senator John Cornyn (R-TX) has this op-ed today in The San Antonio Express-News. Posted at 08:38 AM by Howard Bashman "The Moderates Take Charge!" Stuart Taylor Jr. has this essay in this week's issue of National Journal. Posted at 08:14 AM by Howard Bashman Chicken ducks jaywalking ticket: The Associated Press reports that "Ticket against jaywalking chicken in Kern County dismissed." And earlier coverage from The AP is available in a report headlined "Chicken Ticketed for Crossing the Road" (or perhaps you'd prefer the headline "Chicken runs afoul of law, an age-old joke"). Finally, in local coverage from The Daily Independent of Ridgecrest, California, "No jail time for owners of jaywalking chicken" and, earlier, "Ticket for wayward chicken still being battled in court." "Poor Judgment: Judges should not try to stifle criticism." This editorial appears today in The Monitor of McAllen, Texas. A very similar editorial also appears today in The Daily News of Jacksonville, North Carolina. "Same-sex marriage bill stalls in political wrangle": This article appears today in The Toronto Globe and Mail. And that newspaper today also contains an op-ed by John Ibbitson entitled "Conservatives keep winning battles in their war on same-sex marriage." "Sen. Smith sits above filibuster fray; Despite growing reputation as a moderate, lawmaker seeks up-or-down votes": The Associated Press has this article today in The Salem (Ore.) Statesman Journal. The Dayton Daily News today contains an article headlined "DeWine, Voinovich: Men of moderation; Ohio's senators explain pivotal roles." The Louisville Courier-Journal's Editorial Notebook asks "Where have the senators of yore gone?" The Washington Times contains an op-ed by Tod Lindberg entitled "No need for GOP outrage" and an op-ed by Barry Casselman entitled "What really happened on the Hill?" In The Chicago Sun-Times, Jesse Jackson has an op-ed entitled "Senate's judicial deal is no victory." In The Naples (Fla.) Daily News, Dan K. Thomasson has an op-ed entitled "Frist's bumbling performance." And online at OpinionJournal, Brendan Miniter has an essay entitled "The McCain Myth: The moderation that makes him a Senate powerhouse will keep him out of the White House." "More Montana voters say federal courts too liberal": The Billings Gazette contains this article today. Posted at 07:00 AM by Howard Bashman In today's edition of The Los Angeles Times: An article reports that "Math Doesn't Add Up for a Democrat-Run Senate; The party needs to win seats in Bush territory for any realistic chance to retake the chamber." And in other news, a front page article is headlined "A Late Decision, a Lasting Anguish; A Kansas doctor is under investigation for performing abortions others won't; His clients say outsiders can't grasp their pain or gratitude." Monday, May 30, 2005 "Bush's Political Capital Spent, Voices in Both Parties Suggest; Poll Numbers Sag as Setbacks Mount at Home and Abroad": This news analysis, which mentions the judicial filibuster compromise, will appear Tuesday in The Washington Post. Posted at 11:55 PM by Howard Bashman The U.S. Supreme Court can now decide for itself whether its earlier ruling in Scheidler v. National Organization for Women, Inc. concluded the case in defendants' favor: A three-judge panel of the U.S. Court of Appeals for the Seventh Circuit, over the dissent of three other judges from the denial of rehearing en banc, decided in an opinion you can access here that the Supreme Court's ruling did not finally resolve the case in defendants' favor. In March 2005, as I noted here, the defendants filed a petition for writ of certiorari in the Supreme Court seeking final resolution of the case in their favor. I have now posted online these additional documents filed with the Supreme Court in the case: plaintiffs' brief in oppposition; the amicus brief of Alabama and seven other States; the amicus brief of Consistent Life, et al.; the amicus brief of Concerned Women for America; and defendants' reply brief in support of the petition for writ of certiorari. The Supreme Court has scheduled the case for its June 9, 2005 conference. "State Attorneys General Ask Supreme Court to Hear 2 Reporters' Case": As I noted earlier here, Adam Liptak had this article in Saturday's edition of The New York Times. More recently, I obtained an electronic copy of the amicus brief and have posted it online at this link. Posted at 11:00 PM by Howard Bashman "The McCain mutiny": Today in The Washington Times, Thomas Sowell has an op-ed that begins, "After all the glowing words surrounding the Senate 'compromise' in which the Republicans folded their hand despite holding all the high cards, it is worth taking a look at who won what and why." Posted at 10:58 PM by Howard Bashman In yesterday's issue of The Birmingham News: Steven L. Taylor had an op-ed entitled "Pryor not out of the mainstream." And columnist Tom Scarritt had an op-ed entitled "Choosing judges is 1-man job." Posted at 10:54 PM by Howard Bashman "Scrushy on Trial: Class, Race and the Pursuit of Justice in Alabama." This article will appear in Tuesday's edition of The New York Times. Posted at 10:00 PM by Howard Bashman Next Monday afternoon, the U.S. Senate once again begins debate on the nomination of Janice Rogers Brown to serve on the U.S. Court of Appeals for the D.C. Circuit: The Senate is due to resume work at 2 p.m. on Monday, June 6, 2005. Via C-SPAN, you can view a portion of her Senate Judiciary Committee confirmation hearing at this link (RealPlayer required). It's one of the few judicial confirmation hearings that actually starts off interesting. The Judiciary Committee print of the hearing can be accessed here (371-page PDF document). A cloture vote on her nomination should occur by the middle of next week, and an up-or-down vote on the nomination is likely either later next week or early the following week. Update: I have updated this post to reflect that the U.S. Senate is in recess all this week. The filibuster lasted nine innings: With the Philadelphia Phillies, Trenton Thunder, and Reading Phillies all on the road out of the region this holiday weekend, the quest for baseball today takes my son and me on a road-trip to Harrisburg, Pennsylvania, to watch the Harrisburg Senators (AA club for the Washington Nationals) battle the Erie Sea Wolves (AA club for the Detroit Tigers). This will be our first visit to Commerce Bank Park. Update: Final score: Harrisburg Senators 5; Erie Sea Wolves 2. "The Radicalization of American Legal Education: Why the Left's Dominance Is Bad for Law Schools and the Law." Law Professor Scott D. Gerber has this essay online at FindLaw today. Posted at 07:54 AM by Howard Bashman "On Filibuster and Stem Cells, GOP Bears Pain of Compromise": Ronald Brownstein has this "Washington Outlook" essay today in The Los Angeles Times. The Kansas City Star today contains an article headlined "Who's an activist judge? Depends on your views." Newsday contains an editorial entitled "Second-term slump: Bush runs into trouble with Congress; maybe he should try playing nice." In The Chicago Sun-Times, columnist Robert Novak has an op-ed entitled "Cooperation falls apart in Senate." In The Topeka Capital-Journal, Gregory L. Schneider has an op-ed entitled "Will of the people nuked by compromise." And in The Lincoln Journal Star, columnist Don Walton has an op-ed entitled "Nelson, Hagel caught in nuclear fallout." Sunday, May 29, 2005 "Inaccuracies in blogs are less pernicious than inaccuracies in the mainstream media": So writes Seventh Circuit Judge Richard A. Posner in the final paragraph of his post titled "Blogging--A Response by Posner to a Comment" at "The Becker-Posner Blog." Posted at 11:50 PM by Howard Bashman "Filibuster Deal Evaded Key Question on High Court Nominees": Monday's edition of The Washington Post will contain this news analysis. Today's issue of that newspaper, meanwhile, contained a Sunday Outlook essay by Carl Cannon entitled "The Uncompromising Mr. Bush" that begins, "Before good-government types go all weak in the knees about the Great Filibuster Compromise of 2005, they might do well to recall the Great Filibuster Compromise of 2004." "In Rising Numbers, Lawyers Head for Guantanamo Bay": Neil A. Lewis will have this article Monday in The New York Times. Posted at 10:20 PM by Howard Bashman "Michigan judges pivotal in Senate showdown; Saad proves to be a lightning rod for opposition to Bush judicial nominees": This article appears today in The Detroit News. Posted at 04:30 PM by Howard Bashman In news from Washington State: The Seattle Post-Intelligencer today contains articles headlined "Democrats open defense in vote trial; Mistakes made in Rossi counties, too, they argue" and "Some see court fight as a bore." In related coverage, The Seattle Times today reports that "Judge rules with eye to present and future." The Houston Chronicle is reporting: Today's newspaper contains articles headlined "Yates prosecutors want case reviewed; Texas Court of Criminal Appeals will decide if her conviction should remain overturned" and "SMU lecturer takes heat for telling blog; The 'Phantom Professor' says it was an outlet and could be a movie." Posted at 04:25 PM by Howard Bashman "A false report on turnpike mystery; A Ga. man is expected to admit implicating his estranged wife in the death of Jonathan Luna": This article appeared earlier this month in The Philadelphia Inquirer. Posted at 04:20 PM by Howard Bashman "White House Researching Potential Justices": The Associated Press provides this report. Posted at 04:15 PM by Howard Bashman "'Pro-life'--with limits; Bushspeak: It's immoral to trade one form of life to save others--except, of course, when you're talking about the death penalty. Huh?" Columnist Clarence Page has this op-ed today in The Chicago Tribune. Posted at 12:05 PM by Howard Bashman "Appointing California Judges: No push for a partisan judiciary; Party loyalty not a major factor for Schwarzenegger." Bob Egelko has this news analysis today in The San Francisco Chronicle. Posted at 11:12 AM by Howard Bashman "Injudiciously divided: The fight over judicial nominees spotlights the importance of the Circuit Courts of Appeals, which much more often than not have the final say in high-profile cases." Gail Gibson has this article today in The Baltimore Sun. Today in The Philadelphia Inquirer, political analyst Dick Polman has an article headlined "Deal may help tilt court to the right." The Washington Post reports that "Senate Setbacks Test Frist's Influence; Bush Has Given Difficult Tasks to Him, Analysts Say." The Washington Times reports that "Filibuster battle altering '08 presidential landscape." The Clarion-Ledger of Jackson, Mississippi reports that "Senate filibuster compromise was Lott's idea, not McCain's." James Kuhnhenn of Knight Ridder Newspapers reports that "Work on nominees could return Lott to ranks of GOP leadership." The Arkansas Democrat-Gazette reports that "Filibuster resolution puts Pryor step ahead." FOXNews.com reports that "Saad Unlikely to See Confirmation Vote." From Michigan, The Associated Press offers reports headlined "Senator's son chooses courtroom over big-time politics" and "Griffin nomination sparks memories of dad's role in 1968 showdown." The State of Columbia, South Carolina reports today that "Graham sticks to role in partisan detente; After helping broker filibuster compromise, S.C. senator works with Democrats on Social Security." The Beaufort (S.C.) Gazette reports that "Graham leads bipartisan efforts in D.C.; U.S. senator receiving statewide criticism for crossing party lines." The Independent (UK) reports that "Setbacks pin 'lame duck' label on Bush." The June 6, 2005 issue of U.S. News & World Report contains an article headlined "Power Play: It was the oddest thing in Washington, a deal done from the center; The question now is: Can it hold?" The magazine also contains an essay by Gloria Borger entitled "Extraordinary Doings" and an essay by John Leo entitled "Time to Fix the Court." The Berkshire Eagle today contains an editorial entitled "Who are the judicial activists?" The Arizona Republic contains an editorial entitled "Base instincts: GOP should check TV listings before condemning John McCain." In The San Jose Mercury News, Law Professor Kathleen M. Sullivan has an essay entitled "Battle for courts: What's at stake." Bloomberg News columnist Ann Woolner has an essay entitled "Tattered White Flag Flies Over Senate's Judge War." At Human Events Online, U.S. Senator Orrin G. Hatch (R-UT) has an essay entitled "Nuclear Option Still on the Table," while Mark R. Levin has an essay entitled "Call Them the Sellout Seven." Today in The Denver Post, Andrew Cohen has an op-ed entitled "Anti-judicial rhetoric scary; Senate merely forestalled an inevitable showdown." And Ed Quillen has an op-ed entitled "Compromise? How un-American." In The San Francisco Chronicle, Martin F. Nolan has an essay entitled "Zealots survive filibuster debate; Neither party wins kudos for wisdom." In Newsday, Gregory Wawro and Eric Schickler have an op-ed entitled "The majority rules, but for how long? Senate Democrats have given up the filibuster fight, but history shows they could come back for another go-round." Online at The American Prospect, Morton Mintz has an essay entitled "Bush's Judges Matter to Jane and Joe Sixpack: We'll bet you a vial of Vioxx that it does." Today in The Providence Journal, M. Charles Bakst has an essay entitled "In Washington and R.I., Chafee performs high-wire act." In The Birmingham News, Law Professor Bryan K. Fair has an op-ed entitled "Filibusters offer United States special protections." In The State, columnist Lee Bandy has an op-ed entitled "Graham digs hole for himself." In The Daily Press of Hampton Roads, Virginia, Patrick M. McSweeney has an op-ed entitled "Republicans: Warner, Allen split over filibuster." In The San Antonio Express-News, Susan Ives has an op-ed entitled "In this joke of a Congress, funny filibuster serves a serious purpose." In The Washington Times, Jay Ambrose has an op-ed entitled "Tell McCain it's 'Joanie.'" In The Sacramento Bee, Rick Horowitz has an op-ed entitled "News flash, Doc: You're not the boss of all of us." And in The Sunday Times of London, Andrew Sullivan has an op-ed entitled "Old man McCain tries Bush's crown for size." "Shadowy Preparations For Death; Use Of Petty Cash Kept Execution Arrangements Out Of Public Sight": This article appeared yesterday in The Hartford Courant. Posted at 10:18 AM by Howard Bashman In today's issue of The Los Angeles Times: David G. Savage reports that "High Court to Decide Prickly Cases Soon; By the term's end, the justices are expected to rule on several hot-button issues, including religion and file sharing." And reporting from New London, Connecticut, Elizabeth Mehren has an article headlined "Homeowners' World Is Not For Sale; Seven neighbors' challenge to the use of eminent domain to raise more tax revenue goes all the way to the U.S. Supreme Court." "Path Cleared for Rehnquist's Retirement": Gina Holland of The Associated Press provides this report. Posted at 10:08 AM by Howard Bashman "When Court Clerks Rule": David J. Garrow has this op-ed today in The Los Angeles Times. Posted at 08:32 AM by Howard Bashman Saturday, May 28, 2005 "Judicial Nominee Compromise Under G.O.P. Pressure": Sunday's edition of The New York Times will contain this article. And the Week in Review section of Sunday's newspaper will contain a related article headlined "The Elusive Middle Ground: What Happened to Compromise?" "U.S. Case Draws Vermont Into Debate on Death Penalty": This article will appear Sunday in The New York Times. Posted at 02:25 PM by Howard Bashman "White House and Frist Dispatched DeWine and Graham to Cut a Deal?" The blog "Patterico's Pontifications" offers this post. Posted at 12:44 PM by Howard Bashman "Judicial Takings and Givings": The Washington Post today contains an editorial that begins, "The Supreme Court's decision this week in the case of Lingle v. Chevron didn't make big news." Posted at 12:32 PM by Howard Bashman "Judicial Nominees Compromise Was Hard-Won": David Espo of The Associated Press provides this very interesting report. In commentary, meanwhile, The Washington Times today contains an editorial entitled "Gauging the nuclear fallout" and an op-ed by Terence P. Jeffrey entitled "One-sided deal." In today's edition of The New York Times: Adam Liptak reports that "State Attorneys General Ask Supreme Court to Hear 2 Reporters' Case." And in local news, "Judge Cuts Sentence of Student Who Traded Child Pornography." My earlier report on the Second Circuit's ruling in this case, governed by a typo-plagued sentencing statute, can be accessed here. "Teen's rant at cop: profane, but free speech; Appeals court overturns disorderly-conduct conviction." The Indianapolis Star today contains this article reporting on Thursday's ruling of the Indiana Court of Appeals. Posted at 09:00 AM by Howard Bashman Friday, May 27, 2005 The Associated Press is reporting: Now available online are articles headlined "White House Wants Search Limits Overturned" and "Judge Won't Dismiss Wash. Gov. Challenge." Posted at 11:33 PM by Howard Bashman Fifth Circuit upholds anti-abortion group's victory in suit challenging University of Texas at Austin's "Literature Policy" as an unconstitutional restriction on anonymous speech in a designated public forum: You can access today's ruling of the U.S. Court of Appeals for the Fifth Circuit at this link. Even before today's ruling, this dispute has received quite a bit of press coverage. In October 2002, Alliance Defense Fund issued a press release titled "Students sue the University of Texas and 18 officials for censoring free speech." The Associated Press reported in October 2002 that "Abortion foes challenge rules on campus demonstrations, exhibits." The Daily Texan reported in November 2003 that "Free speech lawsuit continues"; in April 2004 that "UT appeals decision on campus fliers; Court rules nonstudents can distribute leaflets on campus"; and in March 2005 that "Anti-abortion display returns to UT; 2 student groups protest images of aborted fetuses outside Gregory Gym." The web site of the organization that has brought this free speech lawsuit as plaintiff can be accessed here. "High court rejects bid to halt same-sex marriages": The Associated Press provides this report on a ruling that the Supreme Judicial Court of Massachusetts at this link. Posted at 11:05 PM by Howard Bashman "Appeals panel OKs state's TennCare procedures": The Nashville Business Journal reports here that "An appeals court panel has upheld the state's procedure for removing enrollees from TennCare, overturning a lower court decision. The three-judge panel ruled the state doesn't need to have a hearing for each recipient before dropping them from the program. Gov. Phil Bredesen is seeking to drop hundreds of thousands of enrollees in an effort to reign in costs at the state Medicaid program." You can access this afternoon's per curiam ruling of the U.S. Court of Appeals for the Sixth Circuit at this link. "Eighth Circuit: Lane is Limited to Access-to-Courts." Law Professor Samuel R. Bagenstos has this post at his "Disability Law" blog. Sam writes that today's ruling "seems to me inconsistent with Lane's as-applied approach, and it conflicts with the Eleventh Circuit's recent Florida International University opinion. This begs for rehearing en banc." Posted at 04:15 PM by Howard Bashman "Compromised Compromise: Don't expect the filibuster deal to last for long." Terence Samuel has this essay online at The American Prospect today. And yesterday's broadcast of NPR's "All Things Considered" contained a "nuclear option"-related segment entitled "Weekly Political Roundup" (RealPlayer required). "Nude photos, Yahoo pledge produce a suit; A woman's $3 million claim says the Web portal won't halt an ex-boyfriend's ongoing vendetta": This article appears today in The Oregonian. Posted at 03:40 PM by Howard Bashman "Reid takes control of Frist's Senate; A maddening week for the majority leader": Tom Curry, national affairs writer for MSNBC, provides this report. Posted at 03:30 PM by Howard Bashman California appellate court provides even one more reason not to brutally assault individuals of Hmong origin: Today's edition of The Recorder of San Francisco, California contains an article that begins, "Restitution took on a new meaning Thursday when a state appeal court ordered a man who beat up three Hmong men to repay them for the costs of sacrificial cows, pigs and chickens." The animals were slaughtered on behalf of the victims in a ceremony intended to heal the souls of those who have been injured. You can access yesterday's ruling of the California Court of Appeal for the Third Appellate District at this link. "Justices Debate Country Club's Marriage Rule; High Court Strives To Recognize Rights of Same-Sex Couple": This article appears today in The Daily Journal of California. Posted at 02:40 PM by Howard Bashman Seventh Circuit upholds death sentence resulting from roadside urination: Today, Circuit Judge Frank H. Easterbrook, on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit, affirmed the denial of habeas relief in this death penalty case from Indiana. Posted at 02:32 PM by Howard Bashman Eighth Circuit adopts narrow view of the U.S. Supreme Court's ruling in Tennessee v. Lane, which held that imposing liability on States under Title II of the Americans with Disabilities Act did not violate the Eleventh Amendment in cases implicating a right of access to the courts: You can access today's ruling of the U.S. Court of Appeals for the Eighth Circuit at this link. Posted at 11:32 AM by Howard Bashman "Justice Blackmun: A Life." Last night's broadcast of the public radio program "On Point" contained this interesting, and lengthy, interview (RealPlayer required; click here to play in Windows Media) with New York Times Supreme Court correspondent Linda Greenhouse about her new book, "Becoming Justice Blackmun: Harry Blackmun's Supreme Court Journey." The interview begins 5 minutes and 20 seconds into the audio clip. Posted at 11:04 AM by Howard Bashman Bob Egelko is reporting: Today in The San Francisco Chronicle, he has articles headlined "Supreme Court reviews same-sex discrimination case; Country club denied family membership to lesbian couple" and "High court grants killer new trial; Burglar shot victim as he beat man who helped steal speaker." In connection with the second of those two articles, you can access online yesterday's ruling of the Supreme Court of California at this link. Justice Janice Rogers Brown, a D.C. Circuit nominee who is now slated to receive an up-or-down vote in the U.S. Senate, wrote both the majority opinion and a concurring opinion, as she also did in the California Supreme Court's related imperfect self-defense ruling issued yesterday. "Chafee's Choices: He's begging to be dumped." Today at National Review Online, Timothy P. Carney and David Freddoso have an essay that begins, "If there was ever any doubt, Sen. Lincoln Chafee's vote Wednesday against the nomination of Priscilla Owen has made it clear that, save for leadership numbers games, conservatives would not be any worse off with a Democrat than with Chafee (R., R.I.) in the Senate." Posted at 10:44 AM by Howard Bashman On today's broadcast of NPR's "Morning Edition": This morning's broadcast contained segments entitled "Judges Use 'Booker' Ruling for Sentencing Flexibility" and "S.C. Senator Lindsey Graham Rises as Moderate Republican." RealPlayer is required to launch these audio segments. Posted at 10:40 AM by Howard Bashman Rwanda's rebel-formed government is entitled to recover refund of portion of retainer that former Rwanda government paid to Washington, DC lawyer: You can access today's ruling of the U.S. Court of Appeals for the D.C. Circuit at this link. Posted at 10:02 AM by Howard Bashman Off-season "Grinch" arrest defended; "It's never too early to protect children's Christmas presents," police chief indicates; Others condemn police as "mean one" in this saga: The Wheeling (W. Va.) News-Register yesterday contained an article headlined "City, County Attorneys Defend 'Grinch' Arrest." Posted at 09:40 AM by Howard Bashman The Sacramento Bee is reporting: Today's newspaper reports that "Ceres vintner loses case for 'Napa' label; Appeals ruling backs 75 percent content requirement for wines." My earlier coverage is here. And in other news, "Big asbestos bill advances; A $140 billion settlement plan goes to full Senate." "Blogs: The next big thing for advertisers?" Professor Juan Cole has this essay at c|net News.Com. Posted at 08:55 AM by Howard Bashman Will Rev. Jerry Falwell continue to be master of his domain? The U.S. Court of Appeals for the Fourth Circuit yesterday heard oral argument in a case that could be titled Falwell vs. Fallwell. The Richmond Times-Dispatch reports today that "Appeal heard on spelling of Falwell Web site; Evangelist's critic argues he has the right to run site named 'www.fallwell.com.'" The Associated Press reports that "Court Hears Falwell Web Domain Arguments." And The News & Advance of Lynchburg, Virginia yesterday previewed the oral argument in an article headlined "Web site dispute center of hearing." "The Frist Problem": The Los Angeles Times contains this editorial today. The Washington Times today contains an editorial entitled "Frist: Hold to principle." The Harvard Crimson contains an editorial entitled "Busting the Party Divide; The bipartisan agreement on fillibusters in the Senate is welcoming in an era of divisions." The Sioux City Journal contains an editorial entitled "A deal, but no victory." In The Washington Post, columnist Charles Krauthammer has an op-ed entitled "Profiles in Flinching." In The Newark Star-Ledger, columnist John Farmer has an op-ed entitled "No clear winners yet in filibuster brawl." In The Arizona Republic, columnist Robert Robb has an op-ed entitled "Compromise on judges is a setback for the left." In The Tampa Tribune, columnist Daniel Ruth has an op-ed entitled "Adults Briefly Spotted In The D.C. Beltway!!!" And in The Washington Times, R. Emmett Tyrrell Jr. has an op-ed entitled "A battle delayed"; Linda Chavez has an op-ed entitled "Bargain's benefits"; Cal Thomas has an op-ed entitled "Minority rule..."; and Thomas Sowell has an op-ed entitled "...and ruin." "Court Rejects Vintner's Bid to Use 'Napa'; In another legal blow to Bronco, judges say wines with the name must have grapes from the region": This article appears today in The Los Angeles Times. In response to the decision, the Napa Valley Vintners issued a press release titled "Bronco Loss Considered Consumer Victory; Court of Appeal Rules Today in Favor of Napa Valley." You can access yesterday's ruling of the California Court of Appeal for the Third Appellate District both here and here. Legal battle over Mojave Cross is subject of Wall Street Journal op-ed: Today in The Wall Street Journal, Christopher Levenick has an op-ed entitled "High Noon at Sunrise Rock: The ACLU sues over a cross honoring fallen soldiers--and cashes in." Posted at 07:12 AM by Howard Bashman "Lesbian couple claims Calif. country club discriminated": Bob Egelko had this news update online yesterday at The San Francisco Chronicle. And yesterday's edition of The San Diego Union-Tribune reported that "Gay couple sue golf club over rules." "Man Is Accused of Threatening Judge": The Los Angeles Times today contains an article that begins, "A would-be screenwriter who brought an unsuccessful federal lawsuit against Creative Artists Agency has been arrested on charges of sending threatening letters to veteran U.S. District Judge Dickran Tevrizian in Los Angeles, authorities said Thursday." Posted at 07:04 AM by Howard Bashman Thursday, May 26, 2005 Around the bloggerhood: Let me join those welcoming "Milbarge" back to the "Begging The Question" blog by noting his interesting recent post titled "Ethics and Grand Jury Nullification." Thanks to Evan Schaeffer for his kind mentions of one of my monthly appellate columns originally published some time ago. And my "20 questions for the appellate judge" interview with Circuit Judge William Curtis Bryson of the U.S. Court of Appeals for the Federal Circuit has been noted on a blog named "Just Patent." The blog is mostly in one of those foreign languages that I can neither read nor understand (unlike "Patently-O: Patent Law Blog," for example, which I can at least read). Surely the Friday before the Memorial Day holiday is not a date on which a U.S. Supreme Court Justice would announce plans to retire: But it's been so long since one has announced retirement plans, who can remember what's appropriate? Posted at 10:12 PM by Howard Bashman "Malvo sent from Virginia to Maryland for trial in 2002 sniper killings; Convicted sniper is being held in the Montgomery County Correctional Facility": The Baltimore Sun contains this article today. And The Washington Post reports today that "Malvo Is Flown From Va. to Md. for Trial; Sniper Will Be Prosecuted by Montgomery, Where Six People Were Slain." Available online from law.com: Tony Mauro has an article headlined "Laurence Tribe's Big Surprise." In other news, an article is headlined "Does the Judiciary Need a Watchdog? Rep. Sensenbrenner thinks it might." An article reports that "Court Transcripts' Finer Points Reveal 'Ho' Story." In news from New York, "After Shackle Ruling, Judge Weighs Dismissal of 9/11-Related Charges." And an article reports that "A Small Town's Big Verdict Leads to Ugly Charges; Texas judge rejects Ford's charge that juror's link with attorney tainted jury." "Judicial Wars Aren't Over": This editorial will appear in the June 13, 2005 issue of The Nation. Posted at 09:54 PM by Howard Bashman Even a stopped clock is right twice a day: Compare this post today at National Review Online's "The Corner" with my "nuclear option"-related posts from April 20, 2005 and May 4, 2005. Posted at 09:15 PM by Howard Bashman "Casino verdict could be state's largest; Post-trial legal moves may whittle amount": This article appears today in The Milwaukee Journal Sentinel. Posted at 06:00 PM by Howard Bashman "Senate gets reacquainted with itself": This article will appear Friday in The Christian Science Monitor. Posted at 05:40 PM by Howard Bashman "Federal appeals courts increasingly the final stop in legal battles": Stephen Henderson of Knight Ridder Newspapers provides this report. A longer version of this article published online by regional Knight Ridder affilliates (see here, for example) contains a glaring error, attributing to Fourth Circuit nominee Terrence W. Boyle the Eleventh Circuit's ruling in the Florida homosexual adoption case, when in fact Judge Boyle had nothing to do with the case. [Update: The error is now corrected (for the most part)!] The Associated Press is reporting: An article now available online is headlined "Reid: Deal Could Bring Bipartisanship." And Jesse J. Holland reports that "Senate Panel OKs Bill on Asbestos Suits." "Slate's Jurisprudence: Torture and 'War on Terror.'" This segment (RealPlayer required) featuring Emily Bazelon appeared on today's broadcast of NPR's "Day to Day." Posted at 03:15 PM by Howard Bashman "Two Bush Nominees Get Panel's Quick OK": Jesse J. Holland of The Associated Press has an article that begins, "Two of President Bush's blocked judicial nominees who were cleared for confirmation by this week's Senate compromise on filibusters got quick approval Thursday by the Senate Judiciary Committee. The nominations of Richard Griffin and David McKeague for the 6th U.S. Circuit Court of Appeals in Cincinnati were approved by voice vote in the committee without debate." The article also reports that "Votes on North Carolina judge Terrence Boyle and White House staff secretary Brett Kavanaugh, who also want lifetime seats on the U.S. Appeals Court, were delayed by the committee." "Bonds ball co-owner loses his court case": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "One of the fans who split the proceeds from Barry Bonds' record-setting 73rd home run ball has whiffed in an attempt to keep the money away from his former lawyer." Posted at 02:55 PM by Howard Bashman "What Is Torture? An interactive primer on American interrogation." Slate has just posted online this "interactive primer" by Emily Bazelon, Phillip Carter, and Dahlia Lithwick. Posted at 12:55 PM by Howard Bashman "Don't let judges serve for life": Columnist Jeff Jacoby has this op-ed today in The Boston Globe. Posted at 12:50 PM by Howard Bashman "Defining parent is at heart of case; Justices hear arguments of six women seeking to claim or renounce kids from lesbian unions": Claire Cooper, legal affairs writer for The Sacramento Bee, had this article yesterday in that newspaper. Posted at 12:45 PM by Howard Bashman This July, San Diego voters will select a new mayor and decide the fate of the Mt. Soledad Cross: The San Diego Union-Tribune last week published an article headlined "City will let voters decide fate of Mount Soledad cross" (headline amended by me to correct typo). Posted at 12:35 PM by Howard Bashman "Asbestos bill seen clearing Senate panel soon": Reuters provides this report. Posted at 11:44 AM by Howard Bashman "Senate confirms Owen; Landrieu one of two Demos to vote yes": This article appears today in The Times-Picayune. In USA Today, Joan Biskupic reports that "Owen to join court tough on death penalty; 5th Circuit doesn't stand apart on other issues." The Ithaca Journal reports that "Schumer says ideology still will matter with court nominees." The Washington Post today contains a front page news analysis headlined "GOP Tilting Balance Of Power to the Right." The Washington Times today contains articles headlined "Senate confirms Owen to federal appeals bench"; "Group of 14 sees role as temporary"; and "Bush makes most of Senate deal." Yesterday's broadcast of the PBS program "The NewsHour with Jim Lehrer" contained a lengthy segment entitled "Senate Confirms Owen to Federal Appeals Court" (transcript with link to audio). Knight Ridder Newspapers provide articles headlined "Republican Party shows cracks after moderates' show of force" and "Congressional setbacks, low ratings could limit Bush's effectiveness." The University at Buffalo Reporter contains an article headlined "Judicial nominations will continue to be intense battleground, UB expert says." In commentary, The Mobile Register today contains an editorial entitled "Senate's agreement is shameful and unfair." The Capital Times of Madison, Wisconsin contains an editorial entitled "Giving in to blackmail." The Sun News of Myrtle Beach, South Carolina contains an editorial entitled "Reclaiming the Center: Graham shines in helping avert judicial filibuster crisis." The New Republic has posted online an editorial entitled "Moderate Excess: Why the filibuster deal is a sham." The Times Argus of Barre, Vermont contains an editorial entitled "The moderate 14." The Bradenton Herald contains an editorial entitled "Profile in courage: 'Fearless Fourteen' kept Senate from imploding." The Sarasota Herald-Tribune contains an editorial entitled "A temporary reprieve: Compromise preserves filibuster rule, but for how long?" The Santa Cruz Sentinel contains an editorial entitled "The mainstream press likes the recent Senate compromise; But other commentators feel the opposite." At Salon.com, Sidney Blumenthal has an essay entitled "Bush the despot: The Senate's compromise on the filibuster won't stop the president's quest for absolute power." In The Whittier Daily News, Cokie Roberts and Steven V. Roberts have an op-ed entitled "Compromise shouldn't be considered a dirty word in politics." Online at The Weekly Standard, Hugh Hewitt has an essay entitled "Non-Nuclear Fallout -- Winners, losers, and more: The aftermath of a sell-out." The Washington Times contains an op-ed by Donald Lambro entitled "Not just about filibusters" and an op-ed by David Limbaugh entitled "Compromise or cop-out?" In The Oregonian, columnist David Reinhard has an op-ed entitled "Such a deal! Here come da judges." In The San Francisco Chronicle, columnist Debra J. Saunders has an essay entitled "Gang of 14, plus 86 midgets." In The Rocky Mountain News, Vincent Carroll has an essay entitled "Brown the barometer." In The Arkansas Democrat-Gazette, Bradley R. Gitz has an op-ed entitled "A deal to be broken." In The Washington Examiner, Kathy Cacace has an op-ed entitled "Britney can show senators how to be more filibust-y." "Unbecoming Justice Blackmun: Linda Greenhouse's book reveals a justice who cared more about politics than about women's rights." Slate's William Saletan has this review of Linda Greenhouse's new book, "Becoming Justice Blackmun: Harry Blackmun's Supreme Court Journey," in the current issue of Legal Affairs magazine. Posted at 10:33 AM by Howard Bashman Fuzzy image equals fuzzy logic? A few days ago, I noted here that "SCOTUSblog" had posted online an admittedly blurry PDF of Law Professor Laurence H. Tribe's letters explaining his decision not to proceed with Volume II of his treatise, "American Constitutional Law." The Green Bag has now posted online a much larger PDF file containing a less blurry image of Professor Tribe's letters. Upon learning of Professor Tribe's decision last week, I decided to try my hand at drafting the second volume of that treatise, and I'm pleased to report that the effort is already quite close to completion. Upon completion, I will be distributing that volume in a method similar to The Green Bag's method for distributing the Justice Antonin Scalia bobblehead doll. The Senate Judiciary Committee is holding an executive business meeting this morning: The quite extensive agenda can be viewed at this link. Posted at 10:00 AM by Howard Bashman In re Green Bag Justice Antonin Scalia Bobblehead Doll Mass Tort Litigation: To the anticipated outrage of many, merely subscribing to The Green Bag no longer suffices to obtain a Justice Scalia bobblehead doll, as explained here. I guess this will push eBay auction prices for the doll through the roof. P.S. Nevertheless, you must applaud The Green Bag's sense of irony in making the Scalia bobblehead the most fragile doll of the series thus far. "Judge's Ethics Questioned": Today in The Hartford Courant, Lynne Tuohy has an article that begins, "The federal judge who threatened the law license of serial killer Michael Ross' attorney filed a court document in Ross' case before the state Supreme Court in 1992 while still practicing as a lawyer." Posted at 09:20 AM by Howard Bashman Criminal defendants and their actual but unreasonable beliefs that self-defense or the use of deadly force in defense of another is necessary: At 1 p.m. eastern time today, the Supreme Court of California is scheduled to issue two interesting decisions in cases presenting the issues described here. Posted at 08:25 AM by Howard Bashman "For a New Judge, Self-Reliance in Her Life and in the Law": Today in The New York Times, David D. Kirkpatrick has an article that begins, "When the Senate asked Justice Priscilla R. Owen for the most significant opinions she had written on the Texas Supreme Court, she provided a list with a distinctive theme: tough." In The Washington Post today, columnist George F. Will has an op-ed entitled "'Extraordinary' Rhetoric." And today in The Los Angeles Times, Margaret Carlson has an op-ed entitled "Sparring for '08 in the Filibuster Fight." "Owen wins OK after 4-year battle; In a tenuous truce, the Senate confirms the Texas judge to the federal bench": This article appears today in The Houston Chronicle. The Fort Worth Star-Telegram reports today that "Priscilla Owen wins fight for confirmation." The Austin American-Statesman reports that "Senate approves Owen for federal court; Opening on Texas Supreme Court is opportunity for Perry." And The San Antonio Express-News reports that "Texas judge's 'long road' finally ends." "Judge: Parents can't teach pagan beliefs; Father appeals order in divorce decree that prevents couple from exposing son to Wicca." The Indianapolis Star contains this article today. Posted at 06:24 AM by Howard Bashman Wednesday, May 25, 2005 "Senate Backs First of Judicial Nominees Promised a Vote": This article will appear Thursday in The New York Times. Thursday's edition of The Washington Post will report that "Priscilla Owen Confirmed as Federal Judge; Senate's 55-43 Vote to Approve Ends Four-Year Nomination Battle." Thursday's edition of The Los Angeles Times will report that "Senate Confirms Owen for Federal Appellate Bench." And The Dallas Morning News on Thursday will report that "Divided Senate confirms Owen; Resentment, criticism linger as vote mostly follows party lines." "Gov. Bush OKs Fla. Abortion Disclosure": The Associated Press reports here that "Gov. Jeb Bush signed a bill Wednesday that requires physicians to tell Florida parents when a minor daughter seeks an abortion." Posted at 10:20 PM by Howard Bashman "Judge failed to disclose complaints; A Broward judge, now in the s |