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Thursday, May 31, 2007 "The Supreme Court: Their majesties." This book-related article appears in the current issue of The Economist. Posted at 10:42 PM by Howard Bashman Just how difficult is it to obtain rehearing en banc from the U.S. Court of Appeals for the Second Circuit? This order issued today denying rehearing en banc, accompanied by both a concurring and a dissenting opinion, sheds further light on the issue. Posted at 10:40 PM by Howard Bashman "Libby Seeks Probation in CIA Leak Case": The Associated Press provides this report. The blog "TalkLeft" has posted the defendant's two sentencing memoranda here and here. Posted at 09:10 PM by Howard Bashman "In a case involving a variance of this magnitude, we hold that, whatever latitude a sentencing court may have to adjust a defendant's sentence in an exercise of Booker discretion, it may not discard the advisory Guideline range and impose sentence, instead, on the basis of evidence of the defendant's uncharged, unrelated misconduct, whether actually committed or contemplated for the future." On behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Tenth Circuit, Judge Michael W. McConnell today issued a decision that begins: Leroy Eric Allen pleaded guilty to a single count of possession of methamphetamine with intent to distribute. That crime carries a statutory minimum punishment of ten years imprisonment and a maximum of life. The district court sentenced Mr. Allen to 360 months imprisonment, which is more than two-and-a-half times the top end of the Sentencing Guidelines' recommended range. The district court based its sentencing decision on certain extreme facts that came to light during the investigation of Mr. Allen--namely, his professed desire to rape and murder young girls and the possible steps he took toward achieving those ends. Indeed, the district court gave Mr. Allen the sentence he would have received had he been convicted by a jury of solicitation of murder or attempted sexual abuse and abduction of a child. We hold that, although the sentencing court may consider Mr. Allen's unrelated, non-charged conduct in fashioning a sentence, the magnitude of the variance in this case and the way it was calculated were unreasonable. We therefore vacate the sentence and remand for resentencing.You can access the complete ruling at this link. Posted at 09:04 PM by Howard Bashman "Murder term again a possibility for woman in S.F. dog-mauling death": Bob Egelko of The San Francisco Chronicle provides this news update. And The Associated Press reports that "Court to Reconsider Dog Mauling Verdict." You can access today's ruling of the Supreme Court of California in People v. Knoller at this link. Lyle Denniston is reporting: At "SCOTUSblog," he has posts titled "Pfizer seeks swift patent protection" and "Circuit Court allows war crimes trials to begin." Posted at 08:45 PM by Howard Bashman "Claiborne death reported": Lyle Denniston has this post at "SCOTUSblog." And Law Professor Doug Berman has this post at the "Sentencing Law and Policy" blog. Rita lives; Claiborne, apparently not so much: As The St. Louis Post-Dispatch reports here today, Mario Claiborne apparently will be unable to benefit from the U.S. Supreme Court's ruling in his case challenging application of the U.S. Sentencing Guidelines. Thanks to Doug Berman of the "Sentencing Law and Policy" blog for bringing this to my attention. Posted at 11:44 AM by Howard Bashman "Court Upholds $2.8M Iran Terrorism Claim": The Associated Press provides a report that begins, "The brother of an Iranian terrorism victim can collect $2.8 million from a California company that owes Iran for a canceled weapons shipment, a federal appeals court ruled Wednesday." You can access yesterday's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link. "Forum asks: Does money sway judges?" The Philadelphia Inquirer today contains an article that begins, "With two seats on the Pennsylvania Supreme Court up for grabs in November, judicial campaigns are gearing up for an expensive fall race." Posted at 10:50 AM by Howard Bashman Sixth Circuit rejects Commerce Clause challenge that satellite TV providers asserted against Kentucky laws giving tax relief only to cable TV providers: You can access today's ruling at this link. Posted at 10:45 AM by Howard Bashman "Jurists not swayed on police privacy rights; State high court suggests the law allows for the disclosure of an officer's name and salary, but seems divided over releasing hiring records": Maura Dolan has this article today in The Los Angeles Times. Posted at 08:47 AM by Howard Bashman "Welles' daughter could get profit from 'Kane'; An appeals court rules that she may be entitled to home video rights for the filmmaker's classic": The Los Angeles Times contains this article today. My earlier coverage of yesterday's Ninth Circuit ruling appears at this link (first item). "A Matter of Time: The Supreme Court limits lawsuits on pay discrimination; Congress should respond." This editorial appears today in The Washington Post. The New York Times today contains an editorial entitled "Injustice 5, Justice 4." And The Los Angeles Times contains an editorial entitled "Life vs. the law: By reading statutes too rigidly in rendering opinions, the Supreme Court can be in denial of reality." "S.C. to Rule on Suit Alleging Price Discrimination Against Men; Justices Agree to Decide Whether Demand for Equal Treatment Is Prerequisite to Litigation": In the October 20, 2005 issue of Metropolitan News-Enterprise, Kenneth Ofgang had an article that begins, "The California Supreme Court yesterday agreed to decide whether a patron who claims that a business charged a discriminatory price or fee based on gender is barred from suing if the patron did not demand equal treatment at the time." The Supreme Court of California's decision in Angelucci v. Century Supper Club is scheduled to issue at 1 p.m. eastern time today. The web sites of Lambda Legal, the ACLU of Northern California, and Pacific Legal Foundation all provide some coverage of the case. "The justice reaches civics": Today in The Washington Times, Suzanne Fields has an op-ed that begins, "Sandra Day O'Connor describes herself as a 'product of the last century,' but she's determined to be an up-to-date grandmother. She retired from the Supreme Court a little more than a year ago and often watches her grandchildren playing on their computers. Inspired, she wants to harness this revolutionary instrument to teach kids the nuts and bolts of democracy." Posted at 08:07 AM by Howard Bashman "Blogger unmasked, court case upended": This very interesting article appears today in The Boston Globe. Posted at 08:00 AM by Howard Bashman "Plaintiff Lawyer to Quit His Firm; Lerach Represented Enron Shareholders": The Washington Post today contains an article that begins, "Plaintiff lawyer William S. Lerach, who has brought scores of cases on behalf of defrauded shareholders, has told clients and others that he is leaving the California law firm he started three years ago, according to two people briefed on the issue." Posted at 07:55 AM by Howard Bashman "Justice Dept. Expands Probe To Include Hiring Practices": The Washington Post contains this article today. The Los Angeles Times today contains articles headlined "Minnesota case fits pattern in U.S. attorneys flap; A prosecutor apparently targeted for firing had supported Native American voters' rights" and "Probe of Justice Department hiring expands; The effort aims to see whether politics were injected into employment decisions at the civil rights unit." In The Boston Globe, Charlie Savage reports that "Justice Dept. probes its hirings; Investigating for bias toward conservatives." And USA Today reports that "Justice Dept. expands probe to hirings." "Death of Guantanamo Detainee Is Apparent Suicide, Military Says": This article appears today in The Washington Post. The New York Times reports today that "Detainee Found Dead in Guantanamo Cell." And Carol Rosenberg of The Miami Herald reports that "Guantanamo captive commits suicide in cell; Almost a year after three captives at Guantanamo Bay hanged themselves, a Saudi man was found dead in his cell; U.S. authorities said it was suicide." "Big Disparities in Judging of Asylum Cases": The New York Times today contains an article that begins, "Asylum seekers in the United States face broad disparities in the nation's 54 immigration courts, with the outcome of cases influenced by things like the location of the court and the sex and professional background of judges, a new study has found." The law review article that is the subject of this news report is titled "Refugee Roulette: Disparities in Asylum Adjudication," and you can access it online from SSRN (abstract with link for download). In commentary available online from FindLaw: Marci Hamilton has an essay entitled "States Move to Enact Laws Allowing the Death Penalty for Pedophiles: A Good Sign with Respect to Public Dedication to Protecting Children, But Potentially Not the Most Effective Way to Do So." And Joanna Grossman has an essay entitled "The Fortieth Anniversary of Loving v. Virginia: The Personal and Cultural Legacy of the Case that Ended Legal Prohibitions on Interracial Marriage." Wednesday, May 30, 2007 "Hundreds of inmate terms at stake in 2 cases in S.F.; Justices weigh judges' sentencing power after U.S. high court ruling": Bob Egelko has this article today in The San Francisco Chronicle. Posted at 11:22 PM by Howard Bashman "The Attack Ads Will Come to Order": Today in The Washington Post, columnist Ruth Marcus has this judicial election-related op-ed. Posted at 10:58 PM by Howard Bashman "From Jail, a Panhandler Fights New York's Loitering Law as a Violation of Free Speech": This article appears today in The New York Times. Posted at 10:44 PM by Howard Bashman "Interrogation Methods Are Criticized": The New York Times today contains an article that begins, "As the Bush administration completes secret new rules governing interrogations, a group of experts advising the intelligence agencies are arguing that the harsh techniques used since the 2001 terrorist attacks are outmoded, amateurish and unreliable." Posted at 10:40 PM by Howard Bashman "Pakistan's Suspended Justice Tells of Facing Down Musharraf": This article appears today in The New York Times. And The Washington Post reports today that "Ousted Pakistani Judge Describes Confrontation." "Oral Dissents Give Justice a New Voice": Linda Greenhouse will have this article Thursday in The New York Times. Posted at 10:25 PM by Howard Bashman "The High Court Lays an Anonymous Egg": Syndicated columnist James J. Kilpatrick has this essay today. Posted at 09:25 PM by Howard Bashman "Drug Risks and Free Speech -- Can Congress Ban Consumer Drug Ads?" Miriam Shuchman, M.D. has this essay online at The New England Journal of Medicine. Posted at 09:10 PM by Howard Bashman "Justice Department investigators broaden their inquiry": McClatchy Newspapers provide this report. Posted at 09:08 PM by Howard Bashman "Dictum, Judicial Modesty, and Judicial Efficiency": Eugene Volokh has this post at "The Volokh Conspiracy." Posted at 09:05 PM by Howard Bashman "Commentary: Cameras and inter-branch comity." Lyle Denniston has this post at "SCOTUSblog." Posted at 08:53 PM by Howard Bashman "Bad Think: The Supreme Court mixes up intending to screw over your employee and actually doing it." Law Professor Richard Thompson Ford has this jurisprudence essay online at Slate. Posted at 08:17 PM by Howard Bashman The Associated Press is reporting: An article headlined "Foster Parents in Custody Fight Appeal" begins, "The U.S. Supreme Court has been asked to hear the case of an American couple trying to prevent an 8-year-old girl they raised since infancy from being returned to her Chinese parents." And an article headlined "Accused Madam's Delay Request Is Denied" begins, "The Supreme Court on Wednesday denied a request to delay the criminal case against a woman accused of running a prostitution ring in the nation's capital." "Breyer shares wit, wisdom; During Albany lecture, U.S. Supreme Court associate justice praises key role of Constitution": The Times Union of Albany, New York contains this article today. Posted at 08:05 PM by Howard Bashman "'De facto' parent's visitation on trial; High court to hear plea of ex-partner to see adopted girl": This article appears today in The Baltimore Sun. Posted at 08:02 PM by Howard Bashman "Repeal likely for abortion law; Parental notification gets a terse hearing": The Concord (N.H.) Monitor today contains an article that begins, "Next week, the debate over the state's parental-notification law could draw to a close. Several months after the House voted to repeal the contested statute - which the U.S. Supreme Court rejected last year - the Democratic-controlled Senate appears likely to follow suit. Gov. John Lynch has said that he would sign the bill." Posted at 08:00 PM by Howard Bashman "Daughter of Supreme Court justice pleads guilty to DUI": The Chicago Tribune provides this news update. Posted at 07:54 PM by Howard Bashman U.S. Court of Appeals for the First Circuit holds that the State of New Hampshire cannot prevent national banks and national thrifts from selling giftcards that carry expiration dates or are subject to administrative fees: You can access today's ruling at this link. Posted at 04:58 PM by Howard Bashman "Justice Dept. probe expanded on hiring practices": Reuters provides this report. Posted at 04:50 PM by Howard Bashman "Joint Effort: Sens. Webb, Warner Are Right To Work Together." Yesterday's issue of The Daily News Record of Harrisonburg, Virginia contained an editorial that begins, "Whether the Senate can agree to a bipartisan deal on immigration reform is up in the air but, hopefully, Virginia's two senators can agree to a bipartisan deal about circuit court judges." Posted at 04:48 PM by Howard Bashman "Suit seeks $5,000 in damages from Wal-Mart over vomit incident": The Quad-City Times of Davenport, Iowa contains this article today. Posted at 04:28 PM by Howard Bashman "Democrats Seek to Overturn Pay Ruling": Jesse J. Holland of The Associated Press provides a report that begins, "Congressional Democrats said Wednesday they would try to reverse a Supreme Court decision that limits the time that workers have to sue their employers for pay discrimination." Posted at 04:23 PM by Howard Bashman "The SEC, the Supreme Court, and Enron": This post appears today at "The Harvard Law School Corporate Governance Blog." Posted at 03:50 PM by Howard Bashman "Eighth Circuit Adds to Circuit Split on Reassignment": At his "Disability Law" blog, Law Professor Sam Bagenstos has a post that begins, "Today, in Huber v. Wal-Mart Stores, the Eighth Circuit ruled that the ADA requires that an employee with a disability be reassigned to a vacant position as an accommodation only if the employee is the most qualified applicant for that position. This decision adds to a longstanding circuit split on the question." Posted at 02:35 PM by Howard Bashman Today's rulings of note from the U.S. Court of Appeals for the Ninth Circuit: The court issued three rulings of note today. 1. The daughter of Orson Welles sued Turner Entertainment and others seeking a declaratory judgment that she owns the copyright and home video rights to the motion picture "Citizen Kane." The federal district court granted summary judgment in favor of the defendants on all claims. Today, in a decision that you can access here, the Ninth Circuit has reinstated Beatrice Welles's claim for profit participation. 2. "The majority finds appellate jurisdiction in this case only by mistakenly assuming that if any issue decided by the district court is subject to interlocutory appeal, any other issue decided in the same order can also be reached on interlocutory appeal." So begins a dissenting opinion that Senior Circuit Judge A. Wallace Tashima issued today. You can access the Ninth Circuit's 2-1 ruling in the case at this link. 3. Finally, the Administrative Office of the U.S. Courts might wish to adjust its revenue projections to reflect that it won't be receiving a $25 processing fee to offset the costs of managing petty offense cases in the federal courts if the petty offense in question resulted from a traffic ticket at the Fort Lewis Army Base. You can access today's ruling at this link. "Senators Should Reject Bush's Latest Nominee to 5th Circuit": The organization People For the American Way issued this statement today. Posted at 11:33 AM by Howard Bashman "Justices' Ruling Limits Suits on Pay Disparity": Linda Greenhouse has this article today in The New York Times. And Steven Greenhouse reports that "Experts Say Decision on Pay Reorders Legal Landscape." Today in The Washington Post, Robert Barnes has a front page article headlined "Over Ginsburg's Dissent, Court Limits Bias Suits." Barnes will host an online chat about the ruling online at washingtonpost.com at 1 p.m. eastern time today. In The Los Angeles Times, David G. Savage reports that "Only fresh bias counts, court rules; A divided Supreme Court says years-old evidence of job discrimination cannot be the basis of a lawsuit." In USA Today, Joan Biskupic has articles headlined "Time limit put on pay-bias lawsuits; Divided court rules claims must be filed within 180 days" and "Alito, Ginsburg opinions highlight court's division; Business groups hail ruling that civil rights activists say is setback." The Chicago Tribune reports that "Justices restrict pay bias lawsuits; Split Supreme Court rules for employers." The Richmond Times-Dispatch reports that "Employee loses pay bias case; Supreme Court rules 5-4 that the worker waited too long to complain." law.com's Tony Mauro reports that "Supreme Court Limits Time Frame for Filing EEOC Claims." And on today's broadcast of NPR's "Morning Edition," Nina Totenberg had an audio segment entitled "Supreme Court Sets Limits on Sex Discrimination Suits." Tuesday, May 29, 2007 "Maraman tapped for high court": Wednesday's edition of The Pacific Daily News of Guam contains an article that begins, "Superior Court of Guam Judge Katherine Maraman yesterday was nominated to the Supreme Court of Guam, to fill the seat vacated by former Associate Justice Frances Tydingco-Gatewood." Posted at 11:45 PM by Howard Bashman "Back to the States: The road ahead on partial-birth abortion." Edward Whelan has this essay today at National Review Online. Posted at 11:05 PM by Howard Bashman Seventh Circuit posts online the audio file of last week's memorial service for Circuit Judge. Thomas E. Fairchild: You can access the audio file via this link (mp3 format). My earlier coverage appeared at this link. Posted at 11:02 PM by Howard Bashman Sixth Circuit reinstates portion of lawsuit in which husband claims that credit card company was responsible for his wife's suicide: You can access today's ruling at this link. Posted at 10:37 PM by Howard Bashman "Let federal judges use judgment in sentencing; Sioux City case highlights iron-fisted rules": This editorial appears today in The Des Moines Register. Posted at 10:30 PM by Howard Bashman U.S. Court of Appeals for the D.C. Circuit rejects argument that the Deficit Reduction Act of 2005 is invalid because the bill that was presented to the President did not first pass both chambers of Congress in the exact same form: You can access today's ruling at this link. Public Citizen's lawsuit had claimed that "the statute's enactment did not comport with the bicameral passage requirement of Article I, Section 7 of the Constitution, because the version of the legislation that was presented to the House contained a clerk's error with respect to one term, so the House and Senate voted on slightly different versions of the bill and the President signed the version passed by the Senate." "Court decides equal pay issue, grants 4 cases": Lyle Denniston had this post earlier today at "SCOTUSblog." You can access today's U.S. Supreme Court Order List at this link. "Justices Limit Discrimination Suits Over Pay": Linda Greenhouse of The New York Times provides this news update. Robert Barnes of The Washington Post provides a news update headlined "Supreme Court Limits Pay Discrimination Suits; Justices Back 180-Day Deadline for Claims." David G. Savage of The Los Angeles Times provides a news update headlined "High court narrows rules for claims of unfair pay." Michael Doyle of McClatchy Newspapers reports that "Supreme Court restricts time limits on filing discrimination complaints." Patti Waldmeir of Financial Times reports that "US court backs limit on equal-pay suits." law.com's Tony Mauro reports that "Supreme Court Limits Time Frame for Filing EEOC Claims." Mark Sherman of The Associated Press reports that "Court Limits Lawsuits for Pay Bias." James Vicini of Reuters provides a report headlined "Pay bias cases face 6-month limits: Supreme Court." Greg Stohr of Bloomberg News reports that "Worker Job-Bias Claims Limited by U.S. Supreme Court." MarketWatch reports that "Supreme Court rules 5-4 for Goodyear in pay lawsuit." On this evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment entitled "High Court Limits Discrimination Cases" (RealPlayer required). And today's broadcast of NPR's "Day to Day" contained an audio segment entitled "High Court Rules on Discrimination Case" (RealPlayer required) featuring Dahlia Lithwick. In today's U.S. Supreme Court ruling in Ledbetter v. Goodyear Tire & Rubber Co., No. 05-1074, Justice Samuel A. Alito, Jr. issued the majority opinion, in which the Chief Justice and Justices Antonin Scalia, Anthony M. Kennedy, and Clarence Thomas joined. Justice Ruth Bader Ginsburg issued a dissenting opinion, in which Justices John Paul Stevens, David H. Souter, and Stephen G. Breyer joined. Programming note: One week from today, the Superior Court of Pennsylvania will hear oral argument in the In re Mary and Emanuel Rosenfeld Foundation Trust appeal, a quite interesting case involving the imposition of a surcharge against trustees of a charitable trust for failure to diversify the trust's holdings from the assets used to create the trust. As co-counsel for appellants in that case, today I'm engaging in oral argument preparations away from my office. You can access online both the Brief for Appellants and the decision that is the subject of the appeal. Additional posts will appear online here later today. For timely coverage of today's U.S. Supreme Court opinions and orders, I recommend visiting "SCOTUSblog." "Can What You're Reading Prove Intent to Commit a Crime?" Today's installment of my "On Appeal" essay for law.com can be accessed here. Posted at 07:25 AM by Howard Bashman "Southwick: Delays smack of politics, posturing." This editorial appears today in The Clarion-Ledger of Jackson, Mississippi. Also in today's newspaper, columnist Eric Stringfellow has an op-ed entitled "Must the 'status quo' process continue on judicial nominees?" "Where's the beef?" Today in The Washington Times, David B. Rivkin Jr. and Lee A. Casey have an op-ed that begins, "It is obvious by now that the U.S. Attorney 'scandal' is no scandal at all." Posted at 06:44 AM by Howard Bashman "Say no to home wreckers: Since a Supreme Court case ruled against homeowners in 2005, protections against eminent domain abuse are making their way to the ballot." This editorial appears today in The Los Angeles Times. Posted at 06:30 AM by Howard Bashman "SEC's Allegiances Are Put to Test: In Enron Case, Agency Is Under Pressure to Side With Investors and Allies." The Wall Street Journal today contains an article (free access) that begins, "When the Securities and Exchange Commission files a brief in legal disputes, it is usually a nonevent. But the cases usually don't involve Enron Corp." Posted at 06:14 AM by Howard Bashman Monday, May 28, 2007 "How Is Justice Roberts Like Professor Plum?" Robert Barnes will have this article Tuesday in The Washington Post. Posted at 10:57 PM by Howard Bashman "Leaked phone-call case could cost McDermott $1 million": This article appears today in The Seattle Post-Intelligencer. Posted at 10:08 PM by Howard Bashman "The others on trial in Padilla case: The terror case against two of Jose Padilla's codefendants hinges on secretly recorded calls." Warren Richey will have this article Tuesday in The Christian Science Monitor. Posted at 08:17 PM by Howard Bashman "Exonerated by DNA, guilty in official's eyes; High court hopeful's view troubles critics": This article appears today in The Chicago Tribune. Posted at 04:50 PM by Howard Bashman "Abortion decision could pave way for more restrictions": Michael Doyle of McClatchy Newspapers provides this report. Posted at 04:42 PM by Howard Bashman "Judge in Padilla Case Draw Praise": The Associated Press provides this report. Posted at 04:27 PM by Howard Bashman "Supreme Court Reaches Landmark 'It Depends' Ruling": The Onion today provides an article that begins, "In a landmark 8-1 decision, an uncharacteristically subdued Supreme Court ruled 'it depends' in the case of Panetti v. Quarterman, leaving the issue of executing the mentally ill completely open-ended." Actual U.S. Supreme Court decisions in argued cases are due to issue once again tomorrow. "The Young and the Restless: The conservative legal establishment's strange youth culture." Benjamin Wittes has this essay online today at The New Republic. Posted at 08:30 AM by Howard Bashman Sunday, May 27, 2007 "Shielding journalists: Reporters, and the country, would benefit from a proposed federal law to protect confidential sources." The Los Angeles Times contains this editorial today. Posted at 11:58 PM by Howard Bashman "More testimony to condemn Gonzales": This editorial appears today in The St. Petersburg Times. And today in The Chicago Tribune, columnist Steve Chapman has an op-ed entitled "Justice by a much lower standard." "Thomas remains a puzzle": Today in The Milwaukee Journal Sentinel, columnist Gregory Stanford has an op-ed that begins, "What if Clarence Thomas had gotten some serious psychotherapy? Would he be less inclined than he is now to vent his pent-up rage on his own race?" Posted at 11:40 PM by Howard Bashman "Cleaning Up the Clean Water Act": The New York Times today contains an editorial that begins, "A series of murky Supreme Court decisions have left the agencies responsible for enforcing the Clean Water Act in a state of confused paralysis, exposing millions of acres of wetlands and thousands of miles of streams to illegal and destructive development." Posted at 11:15 PM by Howard Bashman "In Court's Calculation, What Feeds Lawyers' Souls Need Not Fatten Their Wallets": Tomorrow's installment (TimesSelect temporary pass-through link) of Adam Liptak's weekly "Sidebar" column begins, "Last month, the federal appeals court in New York gave the civil rights bar a collective heart attack." The decision in question can be accessed here, and the web page containing tomorrow's column contains links to other relevant documents. Posted at 11:10 PM by Howard Bashman "A Devil in the Details, but Not the Constitution": Linda Greenhouse will have this article Monday in The New York Times. Posted at 11:03 PM by Howard Bashman "Poor have no blanket right to counsel": Saturday's edition of The Toronto Globe and Mail contained an article that begins, "The Charter of Rights and Freedoms does not give impoverished litigants a blanket right to obtain legal counsel, the Supreme Court of Canada ruled Friday. By unanimously upholding a B.C. tax on legal services, the court riled critics who had hoped that it would give an important symbolic boost to legal aid programs by removing a bar to those who cannot afford legal services." The Toronto Star yesterday contained an article headlined "Mixed signals from courts on openness." CBC News reports that "Top court overturns decision to scrap tax on legal fees." CanWest News Service reports that "Top court upholds tax on legal services." And Bloomberg News reports that "Canadians Don't Have Entitlement to Legal Services, Court Says." You can access Friday's ruling of the Supreme Court of Canada at this link. "John G. Roberts Jr., Chief Justice of the United States, Addresses Graduates": The College of the Holy Cross provides this news release, along with a news release entitled "Chief Justice Roberts Responds to Questions Posed by Holy Cross Seniors." The Worcester Telegram & Gazette yesterday contained an article headlined "Roberts cites challenges; Chief justice avoids politics," while today the newspaper reports that "Chief justice's wife juggles law, 2 children; Jane Roberts visits for Holy Cross commencement." And The Associated Press reports that "Chief Justice Roberts urges Holy Cross graduates to 'be brave.'" Related photos can be accessed via this link. The Supreme Court of Arkansas proposes to retroactively abolish non-precedential appellate court rulings: The rulings would remain, but now they'd have precedential value. And, in the course of proposing this rule change, the highest court of Arkansas gives voice to a criticism of Federal Rule of Appellate Procedure 32.1: "New Rule 32.1 ... creates a troublesome gap by forever depriving certain pre-2007 decisions of precedential value. That line may be convenient, but it is unprincipled." The discussion of the proposed Arkansas rule amendment begins at page 11 of this PDF file. Thanks to John Wesley Hall, Jr. for drawing this development to my attention. "Using People’s Summer Reading List Against Them in a Criminal Trial: Not Always a Bad Idea." Patterico of "Patterico's Pontifications" has this post about my latest law.com column. Posted at 02:33 PM by Howard Bashman "Pakistani Judge: Courts Must Be Free." The Associated Press provides a report that begins, "The country's chief justice returned to the Supreme Court Saturday for the first time since being suspended by President Gen. Pervez Musharraf, making his way through jubilant crowds before delivering veiled critiques of the military ruler." Posted at 02:25 PM by Howard Bashman Some photos of Justice Samuel A. Alito, Jr. speaking at Friday's graduation ceremony for Seton Hall University School of Law: In addition to a bunch of photos that The Associated Press has posted online (see here, here, here, here, here, and here), the law school itself has posted online a bunch of photos (see here, here, here, here, here, and here). Yesterday, I linked here to press coverage of Justice Alito's remarks. "Bush's Monica Problem: Gonzales, the president's lawyer and Texas buddy, is twisting slowly in the wind, facing a vote of no confidence from the Senate." Michael Isikoff and Evan Thomas will have this article in the June 4, 2007 issue of Newsweek. Posted at 01:45 PM by Howard Bashman Saturday, May 26, 2007 "Officials Say Justice Dept. Based Hires on Politics Before Goodling Tenure": The Washington Post contains this article today. Posted at 05:15 PM by Howard Bashman "SJC won't intervene in church closing; First Amendment cited in Wellesley parish case": This article appears today in The Boston Globe. You can access yesterday's ruling of the Supreme Judicial Court of Massachusetts at this link. "Libby Prosecutor Asks for No Leniency in Sentence": Neil A. Lewis has this article today in The New York Times. And The Washington Post reports today that "Special Prosecutor Seeks 30 to 37 Months in Prison for Libby." "Alito urges grads to reject intolerance; U.S. top court justice is Seton law keynoter": This article appears today in The Newark (N.J.) Star-Ledger. And The Associated Press reports that "Alito Speaks to Seton Hall Grads." "Fewer candidates apply for positions as U.S. attorneys": McClatchy Newspapers provide this report. And The Los Angeles Times reports today that "Immigration judges lack apt backgrounds; A growing number of the jurists have little or no experience in that area of law; Some have strong Republican resumes." Friday, May 25, 2007 "Can What You're Reading Prove Intent to Commit a Crime?" The new installment of my "On Appeal" column for law.com can be accessed here. Posted at 10:47 PM by Howard Bashman D.C. Circuit grants stay of its mandate in case striking down gun ban under the Second Amendment pending the District of Columbia's filing of a petition for writ of certiorari in the U.S. Supreme Court: I have posted a copy of yesterday's order online at this link. Posted at 05:30 PM by Howard Bashman "Prosecutor Seeks Prison for Libby": Josh Gerstein of The New York Sun provides this news update. And The Associated Press provides a report headlined "Prosecutors: Up to 3 Years for Libby." The Washington Post has placed the federal government's sentencing memorandum online at this link. "The Goodling Girl: How Monica Goodling played the gender card and won." Emily Bazelon and Dahlia Lithwick have this jurisprudence essay online at Slate. Posted at 03:28 PM by Howard Bashman When Formula One racing at the Indianapolis Motor Speedway, it's better to opt for Bridgestone, instead of Michelin, tires: That's one lesson to be learned from this ruling that the U.S. Court of Appeals for the Seventh Circuit issued today. Another lesson is that if you're a disappointed racing fan who expected to see 20 cars race instead of only six, resist the urge to make a federal case out of it. Posted at 03:15 PM by Howard Bashman Third Circuit holds that Pennsylvania Family Institute -- an organization that seeks to disseminate the views of Pa. judicial candidates on legal and political issues -- lacks standing to challenge restrictions on the free speech rights of candidates for state judicial office: You can access today's unanimous per curiam ruling at this link. Posted at 02:54 PM by Howard Bashman Second Circuit refuses to order U.S. Military Academy at West Point to allow a political demonstration inside its gates during a graduation ceremony at which the Vice President Cheney will deliver the commencement address: You can access today's ruling at this link. In earlier coverage, The Associated Press reported on the trial court's ruling in an article headlined "Anti-war activists to appeal ban on West Point protest." Bayer Aktiengesellschaft continues to experience headache in trying to trademark "ASPIRINA": A divided three-judge panel of the U.S. Court of Appeals for the Federal Circuit issued this ruling yesterday. It is interesting to note the particular reliance placed on internet searches in upholding the denial of the trademark. "The TTABlog" covers yesterday's ruling in a post you can access here. "Senate Panel Plans Increase to Judiciary; Proposal Would Add Judges After Bush Leaves Office": Today in The Daily Journal of California, Lawrence Hurley has an article that begins, "For the first time in 17 years, Congress is moving to substantially boost the ranks of the federal judiciary, including up to a dozen new district judgeships for California's overworked courts, a leading senator said Thursday." Posted at 11:10 AM by Howard Bashman "Book Chronicles Career of Justice Clarence Thomas": This segment (transcript with links to audio and video) appeared on Wednesday's broadcast of the PBS program "The NewsHour with Jim Lehrer." Posted at 09:00 AM by Howard Bashman "What Happened at the Justice Department?" This audio segment (available in both RealPlayer and Windows Media Player formats) featuring Dahlia Lithwick, David Iglesias, E.J. Dionne, and Mark Tushnet appeared on yesterday's broadcast of the public radio program "On Point." Posted at 08:57 AM by Howard Bashman "Senate Dems win delay of Southwick confirmation vote": The Clarion-Ledger of Jackson, Mississippi today contains an article that begins, "The Senate Judiciary Committee postponed a scheduled vote Thursday on the nomination of Leslie Southwick to a seat on the 5th U.S. Circuit Court of Appeals." And The Grand Rapids Press on Wednesday contained an editorial entitled "'Nuff said on Neff." "Dead End for Anna Mae He? Supreme Court Justice Declines to Intervene in Bitter Tennessee Custody Battle." ABC News provides a written report that begins, "The family that raised 8-year-old Anna Mae He since infancy learned late yesterday that U.S. Supreme Court Justice John Paul Stevens has turned down its bid for an emergency stay of the ruling that Anna Mae must be reunited with her biological parents." Posted at 08:52 AM by Howard Bashman "Governor's signature bans horse slaughter; Measure to close facility in DeKalb may cost 55 jobs": The Chicago Tribune today contains an article that begins, "With Gov. Rod Blagojevich signing a bill Thursday prohibiting the slaughter of horses in Illinois for human consumption, the last such slaughterhouse in the country -- in DeKalb -- effectively was shuttered." And The Daily Chronicle of DeKalb, Illinois reports today that "Governor Signs Horse Slaughter Ban." "The good, the bad and the prosecuted: The feds swarm in on a Navy lawyer who held them accountable by leaking the identities of Gitmo detainees." Columnist Rosa Brooks has this op-ed today in The Los Angeles Times. Posted at 08:25 AM by Howard Bashman "Senate gives Gonzales a reprieve until after the break": The Washington Times contains this article today. The Los Angeles Times reports today that "Inquiry widens into Justice Department hiring; The move follows testimony by a former Gonzales aide that she had considered politics in screening applicants." The newspaper also contains an editorial entitled "Gonzales' shaky Justice: Monica Goodling admitted asking department applicants about their political views; The attorney general has his own boundary issues." The Boston Globe contains an editorial entitled "At Justice, a whodunit." In The Washington Post, columnist Eugene Robinson has an op-ed entitled "The Monica They See." In addition, Hanna Rosin has an op-ed entitled "The New Establishment: How Evangelicals Became Part of Washington's Fabric." In The Wall Street Journal, Kimberley A. Strassel has an op-ed entitled "Mission: Possible; Sen. Schumer wants to sink what's left of the Bush presidency" (free access). And Bloomberg News columnist Margaret Carlson has an essay entitled "Goodling Is Clueless -- Except When She's Not." "Judge OKs Quran for oath; Decision reflects diversity, some say": This article appears today in The News & Observer of Raleigh, North Carolina. Posted at 08:14 AM by Howard Bashman "Prison Likely for Adelphia Patriarch; Federal Appeals Court Upholds 2004 Fraud Conviction": The Washington Post contains this article today. My earlier coverage of yesterday's Second Circuit ruling appears at this link. "Openness Sought in British Terror Trials": This article appears today in The New York Times. Posted at 07:50 AM by Howard Bashman "Roberts Court Deals Lawyers Setbacks in Suits Against Companies": Greg Stohr of Bloomberg News provides this report. Posted at 07:40 AM by Howard Bashman "Deadline Looms for Libby Sentence Recommendations": Josh Gerstein has this article today in The New York Sun. Posted at 06:47 AM by Howard Bashman "Groups Ask Court To Rehear Decision by Visitor O'Connor": The New York Sun today contains an article that begins, "In October, dozens of lawyers flocked to the federal appellate court in Lower Manhattan where a former Supreme Court justice, Sandra Day O'Connor, spent a day of her retirement hearing cases. Many city lawyers don't have fond memories of the day." Posted at 06:45 AM by Howard Bashman "Some Larger Constitutional Lessons from the United States Attorneys' Firings": Vikram David Amar and Alan Brownstein have this essay online at FindLaw. Posted at 06:40 AM by Howard Bashman Thursday, May 24, 2007 "Red-Handed: Monica Goodling's not-totally-botched testimony." Eve Fairbanks has this essay online today at The New Republic. At National Review Online, Byron York has an essay entitled "Democrats Face the Monica Question: It was supposed to be a big, big day; It wasn't." And online at The Nation, Robert Scheer has an essay entitled "Gonzales: The Dutiful Toady." "Bush Reaffirms His Support for Gonzales": This article will appear Friday in The New York Times. The Washington Post on Friday will report that "Politics At Work In Inquiry, Bush Says; Senate Plans June Vote on Gonzales." And The Los Angeles Times provides a news update headlined "Justice broadens internal investigation." Tenth Circuit refuses to grant defendant qualified immunity on summary judgment where Orthodox Jewish inmate sued to challenge prison's failure to allow him to wear yarmulke and tallis while being transported for surgery at off-site hospital: You can access today's ruling at this link. Posted at 11:20 PM by Howard Bashman "New questions after testimony by Gonzales aide; Wednesday's appearance by former Justice official Monica Goodling has provided congressional Democrats with more subjects for possible investigation": This article will appear Friday in The Christian Science Monitor. Posted at 11:15 PM by Howard Bashman "N.C. Judge OKs Witness Oaths Using Quran": The Associated Press provides a report that begins, "Witnesses and jurors being sworn in at state courthouses can take their oath using any religious text, not just the Bible, a judge ruled Thursday." Posted at 05:03 PM by Howard Bashman "Ruling tosses Amico verdicts; Court: Brothers were denied fair trial in $58.5M fraud case." The Rochester Democrat & Chronicle today contains an article that begins, "Brothers Robert J. Amico and Richard N. Amico didn't get a fair trial on charges of mortgage fraud because a federal judge improperly refused to take himself off the case, a federal appellate court said Wednesday. Ruling that U.S. District Judge Charles J. Siragusa should have recused himself because of a past business dealing with a key prosecution witness, the U.S. Second Circuit Court of Appeals reversed the Amicos' convictions." You can access yesterday's ruling of the U.S. Court of Appeals for the Second Circuit at this link. "Reading Material as Evidence, and the First Amendment": At "The Volokh Conspiracy," Eugene Volokh has this post about today's en banc Ninth Circuit ruling, which I earlier noted here. Posted at 03:35 PM by Howard Bashman Unanimous en banc U.S. Court of Appeals for the Third Circuit holds that federal civil rights action cannot be brought against school officials for violations of the Individuals with Disabilities Education Act: In so ruling, the en banc court overturned a Third Circuit ruling to the contrary from 1995. You can access today's ruling at this link. Posted at 03:15 PM by Howard Bashman "The Mouse That Roared: Monica Goodling was at the center of the prosecutor purge and still has no clue." Dahlia Lithwick has this jurisprudence essay online at Slate. Posted at 03:02 PM by Howard Bashman "Supreme Decider: Justice Anthony Kennedy has cast the deciding vote in all 12 of the Supreme Court's 5-to-4 rulings." This audio segment (RealPlayer required) featuring Law Professor Garrett Epps appeared on today's broadcast of the public radio program "Here & Now." Posted at 02:23 PM by Howard Bashman "Report: Judicial Corruption Is Worldwide." The Associated Press provides a report that begins, "Widespread bribery of judges around the world and inappropriate political interference in legal systems are denying millions their right to a fair and impartial trial, a leading global anti-corruption group said Thursday." Posted at 02:00 PM by Howard Bashman "The district court did not abuse its discretion in concluding that the stories in Curtin's PDA in his possession at the time of his arrest contained relevant evidence pursuant to Rule 404(b) insofar as they related to sexual acts between adults and minors." So holds the majority opinion that a fifteen-judge en banc panel of the U.S. Court of Appeals for the Ninth Circuit issued today. This case presents the fascinating question of when can lawful reading material be admitted in a criminal trial to prove that because the defendant possessed the reading material, he intended to commit the crime charged. The fifteen-judge panel divides 8.5-5.5 on that question, with one judge not expressing any opinion on the issue. According to Circuit Judge Stephen S. Trott's majority opinion: [O]ur holding here should not be interpreted as a holding (1) that the simple possession of any book or written materials generically similar to a charged crime is automatically admissible against the possessor defendant, or (2) that all pornography or obscenity in the possession of a defendant in these cases is admissible without undergoing the scrutiny required of Rules 401 and 403. In this respect, our holdings are properly limited to the facts of this case. For example, a book such as The Great Train Robbery would not necessarily be relevant and admissible in a run-of-the-mill theft case. On the other hand, if the crime charged happened to be theft of a money shipment from a train, then possession of the book might possibly be relevant -- depending upon the precise facts and circumstances of the case. All we hold today is (1) that the information in the stories in Curtin's possession in Las Vegas when he intended to contact Christy was relevant in this case, (2) that the First Amendment provides no bar to its use as evidence under these circumstances, and (3) that the district court properly exercised its discretion in so concluding. In this connection, we note that Curtin is not being prosecuted for possession of literature, but for crossing a state line with the intent to engage in sexual acts with a minor. We are confident in the ability of our trial judges to discern the difference between relevant and irrelevant written or graphic materials and that our holding will not inappropriately impinge upon or chill anyone's legitimate First Amendment rights to possess books or other written materials.Circuit Judge Andrew J. Kleinfeld issued what is labeled a concurring opinion, in which four other judges joined, in which he vociferously disagreed over whether the stories in question were relevant and admissible to show intent. Judge Kleinfeld writes in his separate opinion: Rule 404(a) prohibits admitting evidence to prove "action in conformity" with a "trait of character." Perverse sexual desire is a trait of character. Using a person's perverse sexual fantasies to prove action in conformity therewith is exactly what subsection (a) of Rule 404 prohibits. The exceptions in subsection (b), "motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident," are not a meaningless litany that deletes subsection (a). The stories admitted against Curtin were not a guide, fictional or otherwise, to arranging a tryst for sex with a minor. They shed no light on his motives, intentions, or plans. Good prosecution proves that the defendant committed the crime. Bad prosecution proves that the defendant is so repulsive he ought to be convicted whether he committed it or not. Rule 404(a) prevents this sort of bad prosecution. We held in Shymanovitz that "possession of lawful reading material is simply not the type of conduct contemplated by Rule 404(b)," and we should follow our precedent. A jury is entitled to decide the truth, without having the window it looks through covered with slime.The original three-judge panel in the case had ruled that the reading material was not admissible, and Judge Trott had dissented from that ruling. My coverage of the original three-judge panel's ruling appears at this link. Posted at 12:54 PM by Howard Bashman Second Circuit considers whether principles of sovereign immunity are violated when a state plaintiff voluntarily prosecutes a claim in state court and the action is removed from state to federal court pursuant to a statute that expressly authorizes removal: Perhaps even more interesting than that, however, is the question whether the state plaintiffs' interlocutory appeal challenging the denial of sovereign immunity confers appellate jurisdiction on the Second Circuit to consider whether the bases for removing the case from state court to federal court -- which the federal district court found proper in denying the States' motion to remand -- were in fact legally sound. In today's ruling, a unanimous three-judge Second Circuit panel holds that the States had waived their sovereign immunity but that the grounds for removing the case to federal court were invalid. The opinion concludes, "We hold that, if the criteria of a valid removal statute are met, sovereign immunity does not bar the removal of a case commenced by a state in its own courts. Because the requirements of the applicable removal statutes have not been met, we vacate the order of the district court and remand with directions to return these cases to the forums from which they were removed." The caption of this case is In Re: Methyl Tertiary Butyl Ether ("MTBE") Products Liability Litigation. "Goodling Cites Politicized Decisions at Justice": This audio segment (RealPlayer required) featuring Nina Totenberg appeared on today's broadcast of NPR's "Morning Edition." Posted at 12:13 PM by Howard Bashman Second Circuit affirms convictions of Timothy J. Rigas and John J. Rigas on seventeen out of eighteen counts charging federal criminal offenses: You can access today's ruling at this link. The Rigases are former high-ranking officials at Adelphia Communications Company. In early press coverage, Bloomberg News reports that "Adelphia's John Rigas, Son Timothy Lose Their Appeal." The Associated Press reports that "Rigas Conviction Upheld." And Reuters reports that "US court upholds bulk of verdict in Adelphia case." By a vote of 8-7, en banc U.S. Court of Appeals for the Sixth Circuit holds that criminal suspect in custody who invokes his right to a lawyer can re-initiate discussions with police through a family member even if a lawyer has not yet been provided: You can access today's en banc ruling at this link. The majority opinion begins: Following the arrest of a suspect, the police advise him of his rights outlined in Miranda v. Arizona, 384 U.S. 436 (1966). The suspect asks for a lawyer. Under Edwards v. Arizona, 451 U.S. 477, 484-85 (1981), all questioning must then stop (a) until a lawyer has been provided, or (b) unless the suspect "himself" initiates a discussion. Later, police talk to the suspect's mother (or a close friend, sibling, etc.), and, based on that conversation, they believe that the suspect now wants to talk with them without a lawyer. Are they permitted to approach the suspect and inquire whether he now wants to talk, based solely on the discussion with the mother? Or, rather, are they precluded from acting on that information because it was not communicated to them directly by the suspect? Today we join several of our sister circuits in holding that the police can make the limited inquiry without running afoul of Edwards.And the lead dissenting opinion concludes: In holding that custodial suspects may initiate communication with the police through a third party other than his attorney, the majority today repudiates the only interpretation of Edwards that is consistent with the Supreme Court's custodial-interrogation jurisprudence. Applying its new rule, the majority infers, based on evidence that is not in the record, that Van Hook initiated communication with the police through his mother. Because I believe that the majority’s endorsement of third-party initiations impermissibly heightens the risk of constitutional error, and that such an error has occurred in this case, I respectfully dissent.The original three-judge panel's ruling was a unanimous decision in favor of the suspect. Posted at 10:25 AM by Howard Bashman "Tax, fraud trial of combative litigator opens": The Los Angeles Times today contains an article that begins, "When he was arraigned last July, civil rights attorney Stephen Yagman wore shoes adorned with the skull and crossbones and turned the traditional 'not guilty' plea upside down by pleading 'presumed innocent.' But Wednesday, a more subdued Yagman, in a gray suit and tie, showed deference to the federal justice system he so often criticized as his trial for tax evasion and bankruptcy fraud began." Posted at 08:30 AM by Howard Bashman "Former Justice aide cites political agenda; She tried to block Democratic hires": Charlie Savage has this article today in The Boston Globe. The Los Angeles Times reports today that "Ex-Gonzales aide says she may have 'crossed the line'; Her testimony confirms politics were a factor in Justice Dept. personnel decisions, but the extent remains unclear." The Chicago Tribune reports that "Ex-Justice official admits she 'crossed a line'; Goodling testifies before House panel on firing of U.S. attorneys." USA Today reports that "Ex-Gonzales aide details 'uncomfortable' discussion." The Milwaukee Journal Sentinel reports that "Gonzales reviewed story on firings, ex-aide says." The Washington Times reports that "Gonzales aide admits using politics." The Washington Post contains an editorial entitled "'That Strikes at the Core': Monica Goodling concedes that a political line was crossed in hiring at the Justice Department." And Dana Milbank's "Washington Sketch" column is headlined "Monica's Own Monica Problem." The New York Times contains an editorial entitled "Witness for the Prosecutors." The newspaper has also posted a complete transcript of yesterday's testimony at this link. And C-SPAN has posted online the video of yesterday's hearing in two parts: morning session and afternoon session. "Insurers Agree to Pay Billions at Ground Zero": This article appears today in The New York Times. Joseph Goldstein of The New York Sun today has an article headlined "Let the Healing of Ground Zero Begin: Payout Paves the Way for Rebuilding." And The New York Post reports that "WTC Insure War is Over." "Is it a Crime to Prescribe Medication in Cyberspace? A California Court Says It May Be, If the Prescriber Is Not Licensed by the Relevant State, and Has Not Met His Patient." Anita Ramasastry has this essay online at FindLaw. Posted at 06:45 AM by Howard Bashman Wednesday, May 23, 2007 "Senators join on judgeship interviews": The Richmond Times-Dispatch today contains an article that begins, "Virginia's senators -- from opposing political parties -- are jointly interviewing candidates for two seats on the Richmond-based federal appeals court." Posted at 11:35 PM by Howard Bashman "Goodling Says She 'Crossed the Line'; Ex-Aide Criticizes Gonzales, Justice Officials While Admitting Bias in Hiring": This front page article will appear Thursday in The Washington Post. And The New York Times on Thursday will report that "Ex-Aide Admits Political Slant in Justice Role." "Big Law Firm Won't Face Criminal Charges in Tax Case": The New York Times on Thursday will contain an article that begins, "A ruling by a federal appeals court yesterday could jeopardize a criminal case against former employees of the accounting firm KPMG -- a case that has been cited by prosecutors as the showpiece of a broad investigation into the sale of questionable tax shelters that helped wealthy investors evade billions of dollars in taxes." You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link. Available online at law.com: Marcia Coyle reports that "Federal Circuit Eyes Attorney-Client Privilege Waiver in Key Patent Case." Pamela A. MacLean has an article headlined "7th Circuit: Lawyer Can't Appeal Judge's Critique." And in other news, "N.J. Supreme Court: Dream-Refreshed Recall of Abuse Needs No Expert." Doe v. Kamehameha Schools may have settled, but Law Professor Michael Stokes Paulsen has more to say about the dispute giving rise to that case: You can access his very interesting post today at "Balkinization" by clicking here. Posted at 09:05 PM by Howard Bashman "Goodling Says Politics Was an Issue in Hiring": The Washington Post provides this news update. The newspaper has also posted online this transcript of today's hearing. The Los Angeles Times provides a news update headlined "In House testimony Goodling denies key role in U.S. attorney firings; She points to former Deputy Atty. Gen. Paul McNulty for possible wrongdoing." McClatchy Newspapers report that "Aide testifies that Gonzales discussed firings of U.S. attorneys." law.com reports that "Monica Goodling Admits to 'Crossing the Line'; Denies Major Role in Attorney Firings." The Associated Press provides a report headlined "Goodling: Gonzales Tried to Review Story." Bloomberg News reports that "Goodling Accuses Colleague of Misleading Congress." Reuters reports that "Former Gonzales aide admits 'crossing the line.'" This evening's broadcast of NPR's "All Things Considered" contained an audio segment entitled "Goodling Acknowledges Politicizing Staff Picks" (RealPlayer required). And this evening's broadcast of the PBS program "The NewsHour with Jim Lehrer" contained a segment entitled "Former Gonzales Aide Denies Major Role in Attorney Firings" (transcript with link to audio). "New Supreme Court Rule Would Force Advocacy Groups to Reveal Membership Rolls": law.com's Tony Mauro provides this report. Posted at 05:23 PM by Howard Bashman "National Guardsman's Discrimination Case Dismissed, With Some Regret": Shannon P. Duffy of The Legal Intelligencer provides this news update (free access) reporting on a decision that the U.S. Court of Appeals for the Third Circuit issued yesterday. Posted at 04:52 PM by Howard Bashman "Abortion Foes Criticize One of Their Own": The Associated Press provides a report that begins, "Anti-abortion leaders are accusing one of their own, Focus on Family founder James Dobson, of misrepresenting a Supreme Court decision that upheld a ban on late-term abortions." Posted at 03:30 PM by Howard Bashman "Inquiry of Federal Prosecutor Firings Continues": This audio segment (RealPlayer required) featuring Dahlia Lithwick appeared on today's broadcast of NPR's "Day to Day." Posted at 03:25 PM by Howard Bashman Ninth Circuit denies rehearing en banc in Exxon Valdez punitive damages case: You can access today's order, and accompanying dissents, at this link. My earlier coverage of the divided three-judge panel's original ruling appears at this link. |