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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."  
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