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Tuesday, May 12, 2009 "Officials' Testimony On Interrogations Scrutinized": This audio segment (RealPlayer required) appeared on this evening's broadcast of NPR's "All Things Considered." Posted at 11:32 PM by Howard Bashman "Factions lobby over potential Obama court pick": The San Francisco Chronicle has this news update. The Hill reports that "Clock ticks for nominee." Politico.com has articles headlined "Robert Gibbs to interest groups: Lobbying for Supreme Court nominees won't help"; "Feinstein pushes two Hispanic judges"; and "New push to bring cameras in Supreme Court." Canwest News Service reports that "Canadian-born governor shortlisted for U.S. top court justice." Legal Newsline reports that "Nevada AG mentioned as possible Supreme Court nominee." The Daily Iowan today contains an article headlined "Who will replace Souter? Locals weigh in." And at law.com, Cheryl D. Stein has an essay entitled "Strip Search Case Reveals the Need for Another Female Justice." "Prosecutor drops charges; House's family 'on Cloud Nine'": The Knoxville News Sentinel has an update that begins, "A prosecutor today dismissed murder charges against Paul House, 24 years after Union County killing for which he was sentenced to death row." And Bill Mears of CNN.com reports that "Man who spent 22 years on death row is cleared." "Will Supreme Court Keep Its Front Doors Open?" Tony Mauro has this post at "The BLT: The Blog of Legal Times." Posted at 06:20 PM by Howard Bashman The Associated Press is reporting: Now available online are articles headlined "Obama's court pick to be shaped by his experience" and "Breyer: Justices review plans to close main entry." Posted at 06:14 PM by Howard Bashman "What Will Kill the Next Supreme Court Nominee? A) abortion, B) gay rights, or C) neither." Emily Bazelon has this jurisprudence essay online at Slate. Posted at 04:15 PM by Howard Bashman "Yahoo wins round over nude photos; woman will continue lawsuit": This article appears today in The Oregonian. My earlier coverage of last week's Ninth Circuit ruling appears at this link. "Court Hears Appeal in D.C. Sniper Case": Jerry Markon of The Washington Post has this news update. And The Richmond Times-Dispatch has a news update headlined "Sniper's lawyers say he was incompetent at trial." Majority on divided three-judge Ninth Circuit panel rejects Commerce Clause challenge to federal law prohibiting the purchase, ownership, or possession of body armor by violent felons: You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link. The federal statute in question can be viewed at this link. The Associated Press is reporting: Now available online are articles headlined "Charges dropped against former TN death row inmate" and "Court hears appeal by DC sniper mastermind." Posted at 12:17 PM by Howard Bashman "[W]e agree with two other circuits that discriminatory surveillance by a retailer is insufficient to establish interference with protected activity under sec. 1981." So holds the majority in a ruling that the en banc U.S. Court of Appeals for the Eighth Circuit issued today in a lawsuit alleging race discrimination at the Dillard's department store in Columbia, Missouri. Eleven judges participated in today's ruling. Four judges dissented in full and one judge dissented in part. The lead dissenting opinion begins, "I respectfully dissent from the majority's failure to give effect to the legislation enacted by Congress to give African Americans equal rights to contract and to purchase goods as possessed by whites." Circuit Judge Steven M. Colloton is the author of today's majority opinion. In July 2007, he dissented in part from the original three-judge panel's opinion, which had reinstated most of the plaintiffs' claims. Judge Colloton's opinion from July 2007 began, "The principal question presented on this appeal is whether alleged discriminatory surveillance by a retail merchant, in which members of a particular racial group are watched more closely than others while shopping, constitutes a violation of the rights guaranteed by 42 U.S.C. sec. 1981." The other two judges on the original three-judge panel are among the four judges who dissented in full from today's en banc ruling. "Claims against gunmaker Glock dismissed": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "A federal appeals court dismissed damage claims against gun manufacturers Monday by the victims of a white supremacist's shooting rampage in the San Fernando Valley, saying a 2005 federal law backed by the firearms industry bars such lawsuits. In a 2-1 ruling, the Ninth U.S. Circuit Court of Appeals in San Francisco said Congress had the case in mind when it passed the law. Lawmakers did not violate the rights of victims of the 1999 shootings by limiting their right to sue federally licensed gunmakers and dealers for criminals' actions, the court said." My earlier coverage of yesterday's Ninth Circuit ruling appears here and here. "Two roads to the Supreme Court: Obama is apparently debating whether to choose a traditional judicial nominee or opt for a 'real world' selection to replace Justice David H. Souter." James Oliphant and David G. Savage have this article today in The Los Angeles Times. Today in The Washington Post, Robert Barnes and Michael D. Shear report that "Hispanics See Stars Aligned on High Court; For President, Diversity Is One Of Many Factors." In The New York Times, Neil A. Lewis has a profile of Seventh Circuit Judge Diane P. Wood headlined "Potential Justice Offers a Counterpoint in Chicago." The Hill reports that "Liberal groups ready to defend court nominee." In The Boston Globe, Peter S. Canellos has an essay entitled "In replacing Souter, Obama should look beyond courthouse." And at Politico.com, Keenan Kmiec has an essay entitled "Have you ever been a 'judicial activist'?" "John Demjanjuk is delivered to German prison": The Associated Press has this report. Posted at 08:00 AM by Howard Bashman "Battle Plans: How Obama could avoid a Congressional war over "don't ask, don't tell.'" Nathaniel Frank has this essay online today at The New Republic. Posted at 07:58 AM by Howard Bashman "Kent sentenced to 33 months behind bars; Congressional impreachment proceedings likely to begin today": Mary Flood has this article today in The Houston Chronicle. The newspaper has also posted online the sentencing statement of Cathy McBroom. And law.com reports that "Former Federal Judge Sentenced to 33 Months in Prison; Sentencing judge says that Samuel B. Kent will undergo treatment for alcohol abuse in prison." 
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