How Appealing

Thursday, June 30, 2005


"Judge Blocks New S.D. Abortion Law": The Associated Press provides this report.
Posted at 11:22 PM by Howard Bashman



Decalogue blog: From Georgia, The Athens Banner-Herald today contains an article headlined "No decision yet on Barrow display; Ten Commandments suit" and an editorial entitled "Barrow should give up fight for commandments."

The Gwinnett Daily Post reports today that "Barrow commission to hold meeting on Commandments."

And The Associated Press reports that "Commissioners delay action on Commandments display."

From Indiana, in The Indianapolis Star, columnist Ruth Holladay has an op-ed entitled "Commandments issue is a monumental mess."

From Pennsylvania, The York Daily Record contains an article headlined "Is Hanover's monument safe? A Supreme Court ruling seems to protect the Ten Commandments display."

And in The Philadelphia Inquirer, Jane Eisner has an op-ed entitled "The court's delicate dance between church and state."

From South Dakota, The Associated Press provides a report headlined "State's attorney: Ten Commandments statue legal in Watertown."

From Texas, in The Fort Worth Star-Telegram, columnist Linda Campbell has an op-ed entitled "Supremely confusing: The Founders' thought."

Finally for now, from Wisconsin, The Milwaukee Journal Sentinel on Friday will contain an editorial entitled "Thou shalt not split hairs."
Posted at 11:15 PM by Howard Bashman




"Republican Lawmakers Fire Back at Judiciary": Friday's edition of The New York Times will contain an article that begins, "Stepping up their assault on the federal judiciary, Congressional Republicans announced efforts on Thursday directed at overturning two recent Supreme Court decisions, one that allowed government to claim private property for economic development and another that stripped Kentucky courthouses of the Ten Commandments."

And Friday's issue of The Washington Post will contain a front page article headlined "House Votes To Undercut 5-4 Ruling On Property; Federal Funds Tied To Eminent Domain."
Posted at 10:54 PM by Howard Bashman




In news from Kansas: The Lawrence Journal-World today contains an article headlined "School finance plan OK'd on one condition; House makes funding contingent on amendment limiting court power" that begins, "Kansas schools would get more funding under a bill advanced Wednesday in the House, but only if the Legislature adopts a constitutional amendment prohibiting the Kansas Supreme Court from ordering lawmakers to increase school funding."

And The Topeka Capital-Journal today contains articles headlined "Change in constitution key to ending deadlock; GOP needs House Democrats' help to pass change"; "'What if' scenarios abundant for court"; and "Two-step, Kansas style; House OKs school bill, tied to limit on courts."
Posted at 10:42 PM by Howard Bashman




"Time Inc. to Yield Files on Sources, Relenting to U.S." Adam Liptak will have this article Friday in The New York Times.

Tomorrow's issue of that newspaper will also contain a related article headlined "Top Editor at Time Inc. Made the Decision His Own."
Posted at 10:30 PM by Howard Bashman




"Victims of '86 Flood Finally Get Payday; After a 19-year battle, the state agrees to pay $428 million to 3,000 people who suffered losses when a Yuba River levee broke": This article appears today in The Los Angeles Times.
Posted at 10:20 PM by Howard Bashman



"Judge orders federal takeover of state prison health care system": Claire Cooper, legal affairs writer for The Sacramento Bee, has a news update that begins "A federal judge on Thursday placed himself in charge of California's troubled prison health care system, saying he was driven to act by 'stunning testimony' that medical malpractice or negligence has been causing, on average, one death each week."

The San Francisco Chronicle provides a news update headlined "Judge orders takeover of state's prison health care system."

And The Los Angeles Times provides a news update headlined "California Loses Control of Prison Healthcare."
Posted at 10:18 PM by Howard Bashman




Available online from law.com: Jeff Chorney reports that "For 9th Circuit: Lots of Scrutiny and 9-0 Reversals by High Court."

Marcia Coyle has an article headlined "Supreme Court's Takings Hat Trick: In three cases, justices deny challenges."

In other news, "2nd Circuit Rejects Infringement Claim Triggered by 'Pop-Up' Internet Ads."

And an article reports that "California High Court Leaves Domestic Partners Ruling Intact."
Posted at 10:04 PM by Howard Bashman




"The U.S. Supreme Court's Holding in Kelo v. City of New London: An Interview that Reveals an Insider's Perspective." FindLaw commentator John W. Dean's column, bearing tomorrow's date, consists of an interview with Institute for Justice attorney Dana Berliner.
Posted at 09:08 PM by Howard Bashman



"Great Falls prayer battle garners support of town; Wynne says she's getting silent treatment after court ruling": This article appears today in The Herald of Rock Hill, South Carolina. Who would have predicted that a Wiccan whose lawsuit forced her town's council to stop invoking Jesus Christ's name in its invocations would receive the cold shoulder from other townfolk?
Posted at 09:02 PM by Howard Bashman



"Supremely Inconsistent: The Supreme Court can't make up its mind about the moral capacities of kids." David L. Tubbs has this essay today at National Review Online.
Posted at 09:00 PM by Howard Bashman



Even one more reason not to leave your infant seemingly unattended on a Manhattan street while you are dining inside an adjacent restaurant: As this ruling that the U.S. Court of Appeals for the Second Circuit issued yesterday demonstrates, doing so could give rise to seemingly complex questions of appellate jurisdiction. CNN.com reported on the international incident at the heart of this litigation here and here.
Posted at 07:25 PM by Howard Bashman



"Time Inc. Decides to Hand Over Notes of Reporter Facing Prison": Adam Liptak of The New York Times provides this news update.
Posted at 06:08 PM by Howard Bashman



"'Time' Will Yield Reporter's Notes to Grand Jury": This segment (RealPlayer required) appeared on this evening's broadcast of NPR's "All Things Considered."
Posted at 06:04 PM by Howard Bashman



"House lashes out at high court's property ruling": Thomas Ferraro of Reuters reports here that "The Republican-led U.S. House of Representatives, a frequent critic of the federal judiciary, lashed out at the U.S. Supreme Court on Thursday in voting to limit a recent ruling that curbed property rights. On a largely party-line vote of 231-189, the House approved legislation that would ban use of certain federal funds to upgrade private property seized under last week's Supreme Court ruling."

And Jesse J. Holland of The Associated Press reports that "Congress Working on Property-Seizure Bills."
Posted at 06:00 PM by Howard Bashman




In case you're looking for evidence that Chief Justice William H. Rehnquist retired yesterday: Yesterday was the first day this week that "The Supreme Court Nomination Blog" failed to report that Chief Justice Rehnquist hadn't retired (cf. here and here). Proving that, sometimes, the dog that didn't bark doesn't even bother to show up.
Posted at 05:45 PM by Howard Bashman



"Breyer Restraint: The Court's eminent domain and Ten Commandments decisions were practical and farsighted." This editorial (pass-through link) will appear in the July 11, 2005 issue of The New Republic.
Posted at 05:28 PM by Howard Bashman



Are Halloween costumes eligible for copyright protection under federal law? The U.S. Court of Appeals for the Second Circuit tackles that frightful question in this opinion issued today.
Posted at 05:10 PM by Howard Bashman



"Prosecutor to seek new trial against Richey": LimaOhio.com provides this news update on a matter I mentioned here earlier today.
Posted at 04:50 PM by Howard Bashman



"A Heap of Precedents: Slippery slopes, stare decisis, and popular opinion." Online at Reason today, Julian Sanchez has an essay that begins, "Last week, on the heels of the decision in Raich vs. Gonzales giving federal drug laws precedence over a California medical marijuana statute, the Supreme Court ruled in Kelo v. New London that a home owner has no rights that a city planner is bound to respect."
Posted at 04:44 PM by Howard Bashman



"Groups Seek Backing of Judicial Nominees": The Associated Press provides a report that begins, "Conservative groups pressed Thursday for the confirmation of the only two of President Bush's appellate court judicial nominees excluded from a Senate agreement on the filibuster."
Posted at 04:40 PM by Howard Bashman



"Patent Lawyers Push Whyte for Circuit": The Recorder of of San Francisco, California today contains an article that begins, "Members of the patent bar are lobbying to get U.S. District Judge Ronald Whyte of San Jose appointed to the next opening on the Federal Circuit U.S. Court of Appeals, which has nationwide jurisdiction over patents, international trade and government contracts."
Posted at 03:25 PM by Howard Bashman



"Time Inc. to comply with Plame inquiry; N.Y. Times says it is 'deeply disappointed' in decision": MarketWatch provides this report.

Today's broadcast of NPR's "Day to Day" contained a segment entitled "Reporter's Notes Surrendered in CIA Outing Case" (RealPlayer required).

And yesterday evening's telecast of the PBS program "The NewsHour with Jim Lehrer" contained a segment entitled "Journalists and the Law" (transcript with links to audio and video).
Posted at 03:20 PM by Howard Bashman




"Rehnquist's court, but liberals gain; The just-finished term yielded a string of rulings that set back conservatives": Warren Richey will have this article in Friday's edition of The Christian Science Monitor.

The July 2, 2005 issue of The Economist contains an article headlined "Rehnquist's legacy: Amid rumours that the chief justice is to retire, conservatives and liberals are arming for a stupendous fight."

The U.S. Department of State has issued a report headlined "U.S. Supreme Court Completes 2004-2005 Term; Justices rule on separation of church and state, death penalty, jail sentences."

And yesterday, the American Enterprise Institute hosted its "Fifth Annual Supreme Court Review." You can view the event online by clicking here (Windows Media format).
Posted at 03:10 PM by Howard Bashman




"Supreme Court Narrowly Protects Key Civil Rights and Liberties in 2004-2005 Term; Large number of 5-4 rulings underscores importance of future justices": People For the American Way issued this press release today announcing the publication of its analysis of the Court's non-criminal cases decided this Term.
Posted at 12:23 PM by Howard Bashman



"Graham denies interest in Supreme Court seat": The Greenville News today contains an article that begins, "Whether President Bush nominates U.S. Sen. Lindsey Graham for the Supreme Court or not, the mention of his name as a possible candidate raises his profile in the selection of the next justice, experts said Wednesday."
Posted at 12:10 PM by Howard Bashman



"Court sides with Seattle Times in JOA dispute": The Seattle Post-Intelligencer provides a news update that begins, "Washington's highest court this morning sided with The Seattle Times Co. in its dispute with the Seattle Post-Intelligencer's owner, ruling that The Times can count financial losses incurred during a strike toward those needed to end the business agreement under which the papers have been published for the past two decades."

And The Seattle Times offers a news update headlined "State Supreme Court rules for Seattle Times in JOA dispute."

You can access today's unanimous ruling of the Washington State Supreme Court at this link.
Posted at 12:05 PM by Howard Bashman




Two western appellate courts deal setbacks to judicially-ordered banishments of murderers: The Seattle Times reports today that "Court disallows banishing of murderer." You can access yesterday's ruling of the Court of Appeals Division II of the State of Washington at this link.

And from Montana, The Associated Press reports that "High court says murderer can't be banished from county." You can access Wednesday's ruling of the Supreme Court of Montana at this link.
Posted at 11:58 AM by Howard Bashman




"Ruling gives lift to appeal in Inland murder case; The U.S. Supreme Court has made it easier to sustain a racial-bias claim in the dismissal of a juror": This article appears today in The Press-Enterprise of Riverside, California.
Posted at 11:55 AM by Howard Bashman



In news from Australia: Friday's edition of The Age of Melbourne contains articles headlined "The frontyard abortion: The abortion of a 32-week-old foetus has provoked a bitter clash over the ethics of late-term termination and a patient's claims on privacy; It's far from finished" and "Senator rejects abortion fear."
Posted at 11:50 AM by Howard Bashman



"In Rhode Island, Uncertainty About Medical Marijuana Law": This article appears today in The New York Times.
Posted at 11:45 AM by Howard Bashman



"Web service price war seen despite ruling": The Chicago Tribune today contains an article that begins, "Despite fears of a price hike for high-speed Internet service in the wake of a Supreme Court ruling this week siding with cable companies, experts say the opposite is more likely."
Posted at 11:44 AM by Howard Bashman



"Goff's bid for retrial stands; Court refuses to hear prosecutors' appeal in case of man who impregnated stepdaughter with syringe": This article appears today in The Akron Beacon Journal.
Posted at 11:40 AM by Howard Bashman



"Souter plan draws smirks, smiles in Weare": The Manchester Union Leader today contains an article that begins, "Even as late as yesterday afternoon, residents here were scratching their heads over the commotion a one-page fax from thousands of miles away had caused Tuesday."
Posted at 11:35 AM by Howard Bashman



"Judge: No right to hunt clay pigeons; A Nelson County judge rules that Constitution doesn't extend to target shooting." The Roanoke Times today contains an article that begins, "A Nelson County judge shot down the argument Wednesday that shooting at clay pigeons falls under Virginians' constitutional right to hunt. In what is believed to be the nation's first ruling in a right-to-hunt case, Circuit Judge Michael Gamble upheld the county board of supervisors' denial of a conditional use permit for a shotgun sports center at Orion Estate, an exclusive hunting preserve."

You can access yesterday's ruling by a Virginia state trial court at this link.
Posted at 11:30 AM by Howard Bashman




"Abortion law ruling expected today": From South Dakota, The Associated Press reports here that "U.S. District Judge Karen Schreier said she will rule by the end of the day Thursday whether to prevent a new state law on abortions from taking effect Friday."
Posted at 11:22 AM by Howard Bashman



"Ruling Thursday on papers' JOA; State high court's decision to shape dispute's direction": The Seattle Post-Intelligencer today contains an article that begins, "The dispute between the owners of Seattle's daily newspapers could reach a pivotal moment Thursday with an expected ruling from Washington's highest court on a central issue in their 26-month- old lawsuit. The opinion from the state Supreme Court may not end the legal fight between the owners of The Seattle Times and the Seattle Post-Intelligencer. But the ruling, focusing on a disputed contract clause, will shape the direction of the conflict -- potentially determining the fate of both papers."
Posted at 11:12 AM by Howard Bashman



"Activist Tries a Grab for Jurist's Property; A foe of the high court's eminent domain ruling wants to apply it to seize David H. Souter's home": This article appears today in The Los Angeles Times.
Posted at 11:05 AM by Howard Bashman



"Your home can be Pfizer's castle": Today in The San Francisco Chronicle, columnist Debra J. Saunders has an op-ed that begins, "Americans who want to keep government out of the bedroom, beware."
Posted at 10:50 AM by Howard Bashman



"'Death row' Briton faces decision; A Scot who has spent 18 years on death row in the United States for killing a two-year-old child is to learn whether he is to be released or retried": BBC News provides this report, along with a related item headlined "Kenny Richey: Serving time." You can access at this link the ruling of the U.S. Court of Appeals for the Sixth Circuit in this case.
Posted at 10:40 AM by Howard Bashman



"Green guilty on single charge of mail fraud; Prosecutors ponder whether to retry him on other counts": The Times-Picayune of New Orleans today contains an article that begins, "State Judge Alan Green, the only defendant who chose to go to trial to fight racketeering charges stemming from a federal probe of Jefferson Parish Courthouse corruption, was convicted Wednesday of mail fraud involving two $5,000 cash payments he took from Bail Bonds Unlimited."
Posted at 10:35 AM by Howard Bashman



"Senate minority chief offers his court picks": This article appeared yesterday in The Sacramento Bee.
Posted at 09:48 AM by Howard Bashman



"State's domestic partner law survives a legal challenge": Bob Egelko has this article today in The San Francisco Chronicle.

And The Los Angeles Times reports today that "State Justices Won't Hear Challenge to Partners Law."
Posted at 09:44 AM by Howard Bashman




"Time Magazine to Hand Over Reporter Notes": The Associated Press provides a report that begins, "Time Inc. said Thursday it would comply with a court order to deliver the notes of a reporter threatened with jail in the investigation of the leak of an undercover CIA officer's name."

Update: Now available online is the "Time Inc. Statement on Handing Over Documents."
Posted at 09:35 AM by Howard Bashman




"Supreme Court notebook: Is Friday a good day to retire?" The Associated Press provides this report.
Posted at 08:58 AM by Howard Bashman



"Girls Gone Wild" and State Farm v. Campbell: The Virginian-Pilot today contains an article headlined "Beach woman wins lawsuit against 'Girls Gone Wild'" that begins, "A jury on Wednesday ordered the company that produces the 'Girls Gone Wild' videos to pay $60,150 for filming and using the image of a Virginia Beach woman without her written consent. The jury ordered Mantra Films Inc. to pay $150 in compensatory damages and $60,000 in punitive damages." (Via "Obscure Store.")
Posted at 08:44 AM by Howard Bashman



"2nd Circuit Reverses $248 Million Cayuga Award": law.com provides this report. Additional press coverage can be found in this post at "Overlawyered."
Posted at 08:38 AM by Howard Bashman



"Judge Warns Reporters They Face Jail in a Week": In today's edition of The New York Times, Adam Liptak has an article that begins, "With mounting frustration and a hint of anger, a federal judge said at a hearing Wednesday that he would send two reporters to jail in one week if they did not agree to testify before a grand jury about their confidential sources in the meantime. Lawyers for the reporters, Judith Miller of The New York Times and Matthew Cooper of Time magazine, said their clients would accept jail time rather than testify. The judge, Thomas F. Hogan of Federal District Court here, added that he would also impose very large fines against Time Inc., in an effort to force the company to obey a court order directing it to turn over documents in the investigation."

In other coverage, The Los Angeles Times reports today that "Reporters Get 1 Week to Name Sources; A federal judge says he'll then jail journalists for Time magazine and the New York Times."

And The Washington Post reports that "2 Reporters in Leak Case Given 48 Hours to Argue Against Jailing."

Yesterday, the U.S. District Court for the District of Columbia posted online court filings it received from lawyers for the reporters and the federal government.
Posted at 07:25 AM by Howard Bashman




"The High Court, Between the Lines": Today in The Los Angeles Times, CBS News legal analyst Andrew Cohen has an op-ed that begins, "There are memorable Supreme Court terms and then there are Supreme Court terms like the one we have just witnessed."
Posted at 07:14 AM by Howard Bashman



"Friendly Pa. senators at odds in stem cell debate; Never wanting to fault the other, GOP's Specter, Santorum now face bitter fight": This article appears today in USA Today.
Posted at 07:10 AM by Howard Bashman



Modest Mouse thanks Justice David H. Souter for the mention; "He can live in our tour bus if his house is seized for commercial redevelopment," band's leader says: Inexplicably, none of the matters discussed in the heading to this post merited mention in this review, published today in The Chicago Sun-Times, of the band's performance Tuesday night.
Posted at 06:55 AM by Howard Bashman



"Bridge ladies will show all their cards to save courthouse": The Star Press of Muncie, Indiana today contains an article that begins, "Call them the Courthouse Girls. Seven women - with a combined age of 590 years - will bare it all in an effort to raise money and continue the fight to save the Randolph County Courthouse." In case you'd like to purchase a calendar featuring nude women whose average age is 84 to raise money for courthouse restoration, the article provides ordering instructions.

A photograph of the courthouse can be viewed here, while earlier press coverage of this matter can be accessed here, here, and here.
Posted at 06:44 AM by Howard Bashman




"It's Not the Heat, It's the Uncertainty; Washington's staffers and activists suspend summer vacation plans, anxiously awaiting a Rehnquist retirement that has yet to occur": This article appears today in The Los Angeles Times.

The Chicago Tribune today contains an article headlined "Bracing for a nomination battle like no other."

And in The Washington Post, Dana Milbank's "Washington Sketch" is headlined "Only Vacancy Is in Supreme Court News."
Posted at 06:42 AM by Howard Bashman




Even more news coverage of Sandra O'Connor's retirement: This article appears today in The Baltimore Sun. I first noted the retirement announcement yesterday in a post that can be accessed here.
Posted at 06:24 AM by Howard Bashman


Wednesday, June 29, 2005


"Groups prepared for media war over Supreme Court vacancy": This article will appear Thursday in The Chicago Tribune.
Posted at 09:58 PM by Howard Bashman



Viewing child pornography versus knowingly possessing it -- a divided three-judge Tenth Circuit panel holds that the two are equivalent when a web browser is used to access the images over the internet: Today's ruling of the U.S. Court of Appeals for the Tenth Circuit can be accessed here. Circuit Judge Paul J. Kelly, Jr. dissented on the issue, explaining that "The court's decision effectively rewrites the statute to criminalize viewing child pornography via computer." In a nutshell, the court has ruled that ignorance of how a web browser works -- namely, that images viewed online are automatically saved to the computer's hard drive -- is no defense to the crime of knowingly possessing the images.
Posted at 09:15 PM by Howard Bashman



"Court: Adware Companies Not Breaking Law." The Associated Press provides this report on a ruling that the U.S. Court of Appeals for the Second Circuit issued on Monday.
Posted at 09:04 PM by Howard Bashman



Staying ahead of the retirement curve: Apropos of this afternoon's post noting The AP's report on Sandra O'Connor's retirement announcement, some longtime readers may recall that in June 2003 "How Appealing" linked to reports of both a Rehnquist and an O'Connor retirement.
Posted at 08:45 PM by Howard Bashman



"Press splits on how to protect confidential sources; Court's move has some journalists seeking legislative solutions, while others shun government involvement": This article will appear Thursday in The Christian Science Monitor.
Posted at 08:44 PM by Howard Bashman



Bob Egelko is reporting: Today in The San Francisco Chronicle, he has articles headlined "Supreme Court's moderates put Rehnquist on losing side" and "Judge refuses to toss suit over federal abortion law."
Posted at 05:20 PM by Howard Bashman



"Sandra O'Connor * * * has said she will retire, her office said Wednesday": So begins this report that the Baltimore office of The Associated Press has issued today.

In somewhat related news, the Sandra Day O'Connor High School has announced its retirement from educating teenagers. The Sandra Day O'Connor Elementary School, however, plans to persevere in its educational mission.
Posted at 05:15 PM by Howard Bashman




Available today at National Review Online: Law Professor Jonathan H. Adler has an essay entitled "Property Rights & Wrongs: Supreme Court handed property advocates three deserved losses."

And Jonah Goldberg has an essay entitled "Better Off Dead: A conservative Constitution."
Posted at 05:10 PM by Howard Bashman




"Justices uphold California domestic partner law": David Kravets of The Associated Press reports here that "Gays and lesbians won a major legal victory Wednesday when the California Supreme Court let stand a new law granting registered domestic partners many of the same rights and protections of heterosexual marriage. Without comment, the unanimous justices upheld appellate and trial court rulings that the sweeping measure does not conflict with a voter-approved initiative defining marriage as a union between a man and a woman. Justice Janice Rogers Brown, who leaves Thursday to join the U.S. Court of Appeals for the District of Columbia, did not vote."
Posted at 05:05 PM by Howard Bashman



"Man to try to seize home of Supreme Court justice": Reuters provides this report.
Posted at 05:00 PM by Howard Bashman



"Conservative chameleons": Today in The Detroit Free Press, columnist Brian Dickerson has an essay that begins, "Poor William Rehnquist! In the twilight of a Supreme Court career that has spanned seven presidencies, the chief justice ought to evoke admiration and sympathy as he battles thyroid cancer. Instead, it seems the nation he has served faithfully for 33 years can't wait to be rid of him. It's not that we're rooting against Rehnquist's recovery, exactly. We just wish he'd continue it somewhere else so we could get on with the fun of beating each other senseless over the choice of his successor."
Posted at 03:55 PM by Howard Bashman



"Is it Unlawful To Threaten Justice Souter's Home (Suggested Answer: Yes)" Dave Hoffman has this post at "PrawfsBlawg."
Posted at 03:32 PM by Howard Bashman



"Ten Commandments Rulings Split Religious Conservatives": This segment (RealPlayer required) appeared on today's broadcast of NPR's "Morning Edition."

The Indianapolis Star today contains an article headlined "Commandments at Statehouse? Daniels hopes so; Governor, others see support for idea in Supreme Court action on Monday."

FindLaw commentator Marci Hamilton today has an essay entitled "The Supreme Court Draws the Correct Ten Commandments Line: Why the Texas Display Was Constitutional, and the Kentucky Display Was Not."

And in The Seattle Times, columnist Danny Westneat has an essay entitled "The judge speaketh, sort of."

Yesterday, newspapers across the Nation contained a massive amount of coverage of Monday's Ten Commandments rulings, and I remain in the midst of collecting that coverage (organized by State) in a post you can access here.
Posted at 03:00 PM by Howard Bashman




"'Hotel' targets Souter's home; Property rights advocates make protest personal": The Concord (N.H.) Monitor today contains an article that begins:
A letter that emerged yesterday from the fax machine in the Weare Town Hall has thrust Supreme Court Justice David Souter's beloved farmhouse into a national debate over property rights.

Souter, a longtime Weare resident, joined in a court decision last week that allows governments to seize private property from one owner and turn it over to another if doing so would benefit a community. Now, an outraged Californian wants to test the ruling - by asking Weare's selectmen to let him replace Souter's farm with a posh hotel.

The article also featurs this photo of Justice Souter's mailbox.

In other coverage, The Associated Press reports that "Proposal Made to Seize Souter's Property."

My earlier mention of this matter can be accessed here.
Posted at 02:40 PM by Howard Bashman




"Top court term a difficult one for Rehnquist": Reuters provides a report that begins, "The U.S. Supreme Court's newly ended term was a difficult one for Chief Justice William Rehnquist, with his health problems and a number of major rulings rejecting the conservative legal views he has long espoused."
Posted at 02:32 PM by Howard Bashman



Woman who sued basketball legend Michael Jordan for allegedly having sex with her and then welshing on promise to pay $5 million to keep it "their secret" cannot prevail in defamation suit against Chicago Sun-Times columnist, Seventh Circuit rules: Today's decision, written by Circuit Judge Terence T. Evans on behalf of a unanimous three-judge panel, concludes that Sun-Times columnist Richard Roeper wasn't necessarily calling the woman a prostitute. More likely, Roeper was merely calling her a gold-digger. According to early reviews, Roeper has given today's ruling two thumbs-up.
Posted at 02:15 PM by Howard Bashman



"Treaty Interpretation Equals a Political Question? DC Circuit Dismisses 'Comfort Women' Suit Against Japan." Law Professor Julian Ku has this post at the "Opinio Juris" blog.
Posted at 01:00 PM by Howard Bashman



"High court to hear abortion-clinic protest case – for 3rd time": Tony Mauro has this report online at the First Amendment Center.
Posted at 12:45 PM by Howard Bashman



"New order in the court; State gets first female chief justice": The Atlanta Journal-Constitution contains this article today.
Posted at 10:25 AM by Howard Bashman



"Replacing Rehnquist will likely mean fight; With a spot on the Supreme Court in the balance, both sides are already girding for battle": This article appears today in The St. Petersburg Times.

And The State of Columbia, South Carolina reports today that "Graham gets unlikely praise; Top Democrat Harry Reid says Republican senator would be 'outstanding' pick for justice."
Posted at 10:22 AM by Howard Bashman




"Supreme Court to revisit a second abortion issue; Justices agree to consider use of racketeering law against clinic blockades": Gail Gibson has this article today in The Baltimore Sun.
Posted at 10:20 AM by Howard Bashman



"The Mark of Zorach: A critical exegesis of Rehnquist's and Scalia's commandments." Leon Wieseltier today has this essay online at The New Republic.
Posted at 09:00 AM by Howard Bashman



"Bush aides ready to act on top court; Outside advisers join strategy session": Jan Crawford Greenburg has this article today in The Chicago Tribune.
Posted at 08:58 AM by Howard Bashman



USA Today is reporting: In today's newspaper, Joan Biskupic has an article headlined "A season of dissent for the chief justice; Rehnquist in the minority on a number of big rulings."

And in related news, "Senate preps for vacancies on high court."
Posted at 06:20 AM by Howard Bashman




"High Court to Again Hear Case on Abortion Clinic Protesters": David G. Savage has this article today in The Los Angeles Times.

In The Pittsburgh Post-Gazette, Michael McGough reports that "Supreme Court re-enters fray over violence at abortion clinics."

In The New York Times, Linda Greenhouse reports that "Justices to Review Rules for Death Case Appeals."

And in The Washington Post, Charles Lane reports that "Court May Revise Death Row Appeal Rules."
Posted at 06:14 AM by Howard Bashman




"Divulge Sources, 4 More Reporters Told": Josh Gerstein has this article today in The New York Sun.
Posted at 06:10 AM by Howard Bashman



"Pro-, Anti- Sides Poised For Future Court Pick; Quick Response Considered Vital to Taking the Offensive": This article appears today in The Washington Post.
Posted at 12:30 AM by Howard Bashman


Tuesday, June 28, 2005


"White House prepared for Supreme Court vacancy": Jan Crawford Greenburg will have this article Wednesday in The Chicago Tribune.
Posted at 11:25 PM by Howard Bashman



"Judges Affirm Decision That Found 4 Reporters in Contempt": Adam Liptak will have this article Wednesday in The New York Times.

Wednesday's edition of The Washington Post will contain an article headlined "Reporters Told to Reveal Sources in Wen Ho Lee Case."

And The Los Angeles Times provides a news update headlined "Court Refuses to Protect Reporters."
Posted at 11:22 PM by Howard Bashman




"Court to Hear Abortion Dispute Again": David G. Savage of The Los Angeles Times provides this news update.
Posted at 11:20 PM by Howard Bashman



"Thomas Decries Talk of 'Imagined Resignations'; Justice speaks at swearing-in of Georgia's chief justice": law.com provides an article that begins, "Leah Ward Sears was sworn in at the Georgia Capitol as the chief justice of the state Supreme Court on Tuesday, enjoying the wishes of a standing-room only crowd and Justice Clarence Thomas of the U.S. Supreme Court."
Posted at 10:25 PM by Howard Bashman



"Supreme Court Ends Amid Speculation": This evening's broadcast of the PBS program "The NewsHour with Jim Lehrer" included this end-of-Term recap (RealPlayer required) featuring Jan Crawford Greenburg and Law Professors Douglas W. Kmiec and Laurence H. Tribe.
Posted at 10:05 PM by Howard Bashman



In news from Canada: The Toronto Globe and Mail provides a news update headlined "Rwandan activist's deportation order upheld." In connection with that ruling, the Supreme Court of Canada today also issued an interesting recusal-related opinion.

And in other news, Canadian Press reports that "Canada votes to allow gay marriage" and "Homolka seeks injunction against media."
Posted at 10:00 PM by Howard Bashman




"Sears sworn in as Georgia chief justice; First black woman to hold post in any state": The Associated Press provides a report that begins, "Leah Sears, who survived an attempt by conservatives last year to block her re-election to the state Supreme Court, took the oath of office Tuesday as the court's chief justice, becoming the first woman to hold that position. With U.S. Supreme Court Justice Clarence Thomas, a longtime friend, looking on, Sears vowed to 'strive mightily to uphold the independence and integrity' of the judiciary." The Atlanta Journal-Constitution provides a related photo essay.
Posted at 09:10 PM by Howard Bashman



"Lawmakers target eminent domain; Representatives, Assembly members seek to protect Alaskans' property": This article appears today in The Anchorage Daily News.
Posted at 07:50 PM by Howard Bashman



Ten Commandments-related news coverage from here and there: From Alaska, The Fairbanks Daily News-Miner reports that "ACLU to consider Fairbanks displays."

From Arizona, The Arizona Republic contains an article headlined "Ariz. Commandments likely safe."

And The Arizona Daily Sun contains an article headlined "Court: Some Ten Commandments displays OK."

From California, David Kravets of The Associated Press has an article headlined "Will Ten Commandments stay in 9th Circuit courthouse?"

The Contra Costa Times reports that "Experts unsure on lawyer's suit."

Bob Egelko of The San Francisco Chronicle reports that "Split in church-state rulings leaves questions."

The Press-Enterprise of Riverside reports that "Rulings leave Inland cases unresolved."

And The San Diego Union-Tribune reports that "Ten Commandments, 2 rulings; Justices OK a display in Texas, but not in Ky."

From Colorado, The Denver Post contains an article headlined "Divided on display of commandments; Ten Commandments monuments upheld, rejected based on context."

And The Rocky Mountain News contains an article headlined "Take two tablets for an opinion; Coloradans divided over proper places for Commandments."

From Delaware, The News Journal of Wilmington contains an article headlined "Split rulings on Ten Commandments; No effect seen on displays in Sussex and nearby Pa."

From the District of Columbia, The Washington Times reports that "Court splits on Commandments" and "Conservative advocates hit restrictions on 'symbols.'"

From Florida, The Ledger of Lakeland reports that "Rock Seems Solid, for Now; Polk display appears OK after a recent Supreme Court ruling."

The St. Petersburg Times contains an article headlined "No clear rule on religious displays; One Ten Commandments display is okay because of its historical meaning, but others make an unconstitutional religious statement."

The Tampa Tribune reports that "Display In Polk Seen As Passing Court Test."

And The Palm Beach Post reports that "Justices split on religious displays."

From Georgia, The Athens Banner-Herald reports that "Barrow vows to keep fighting ACLU suit."

And The Gwinnett Daily Post reports that "Future of Barrow case left cloudy by decision."

From Idaho, The Pocatello Idaho State Journal reports that "High court split over Ten Commandments."

From Illinois, Jan Crawford Greenburg of The Chicago Tribune has an article headlined "On the 10 Commandments: Deeply divided justices allow a display in a historical context but not one promoting religion; To some the message is murky."

And The Quincy Herald-Whig reports that "Court's decision leaves many confused."

From Indiana, The Indianapolis Star reports that "Ten Commandments draw split decisions; Church-state debate clouded."

And The Elkhart Truth contains an article headlined "Local implications of Ten Commandments rulings: Wait and see."

From Iowa, The Des Moines Register reports that "Court message is mixed on Ten Commandments; Two 5-4 rulings show intent of public displays is key."

From Louisiana, The Advocate of Baton Rouge reports that "High court's split decision disappoints."

From Maine, The Morning Sentinel reports that "Local church leaders differ on rulings."

From Maryland, Gail Gibson of The Baltimore Sun has an article headlined "A split on Commandments; 'Passive' displays are constitutional." The newspaper also contains an article headlined "Opining on a monumental ruling."

From Massachusetts, Charlie Savage of The Boston Globe reports that "Supreme Court splits rulings on Commandments; Display allowed in Texas, not in Ky."

From Michigan, The Detroit Free Press reports that "Ruling revives state's plan for commandments; Granholm, lawmakers push exhibit."

The Grand Rapids Press reports that "Commandment rulings renew local debate."

And The Saginaw News reports that "Some displays OK, some not."

From Minnesota, The St. Paul Pioneer Press reports that "State displays stay, for now; Cities and counties say they'll keep commandments where they are."

And The Duluth News Tribune reports that "Settlement makes monument's return unlikely."

From Mississippi, The Clarion-Ledger reports that "Court delivers split rulings on Ten Commandments; Justices say key is emphasis on historical context, not religious."

From Missouri, The News-Leader of Springfield reports that "Missouri Capitol monument safe for now; Blunt says he's disappointed with one ruling against Ten Commandments display."

And The Joplin Globe reports that "Local observers wonder what court is thinking; Officials say decisions could add to confusion."

From Montana, The Billings Gazette reports that "Montana display of Ten Commandments similar to that of Texas."

And The Daily Inter Lake reports that "Local display moves ahead."

From Nebraska, The Lincoln Journal Star contains an article headlined "Must Plattsmouth monument go?"

From New Jersey, The Newark Star-Ledger reports that "Court splits on Ten Commandments; Public display constitutional in Texas, but not in Kentucky."

And The Trenton Times reports that "City's monument stands test of time."

From New York, Josh Gerstein of The New York Sun reports that "High Court Verdicts Mixed on 10 Commandments."

Newsday contains an article headlined "Case-by-case on Commandments; In mixed rulings, Supreme Court says Kentucky courthouses cannot post the monuments, but one at Texas Capitol is OK."

And The Journal News of Westchester reports that "Supreme Court issues split decisions on Ten Commandments."

From North Carolina, The News & Observer of Raleigh reports that "Court splits on Ten Commandments; Local governments seeking guidance on religious displays don't get a simple answer."

The Winston-Salem Journal reports that "Ruling stirs memories of local disputes; Davidson official says courts chipping away 'religion-based foundation' of government."

And The News-Argus of Goldsboro reports that "Reaction to court decision on Ten Commandments is mixed."

From North Dakota, The Forum of Fargo reports that "Court splits on Commandments."

From Ohio, The Toledo Blade reports that "Rulings throw marker's fate into question; Supreme Court says displays weighed case-by-case."

And The Cincinnati Enquirer reports that "Court murky on religious displays; But Ten Commandments not allowed back in Ky. courthouses."

From Oregon, The Statesman Journal of Salem reports that "Local opinion divided on court's ruling; 10 Commandments decision seen as fair, frustrating and fuzzy."

From Pennsylvania, Michael McGough of The Pittsburgh Post-Gazette reports that "U.S. Supreme Court splits on display of 10 Commandments; In separate 5-4 decisions, one display legal, another not."

The Philadelphia Inquirer reports that "West Chester plaque seems safe, scholars say; Historic context offers protection."

The Daily Local News of West Chester reports that "Local reaction mixed over Ten Commandments ruling."

The Allentown Morning Call reports that "Local displays' future iffy as leaders ponder rulings; Northampton County's judges will review Monday's Supreme Court rulings."

The Express-Times of Easton reports that "Plaque policy to be reviewed; Ten Commandments ruling to possibly affect display in county courtroom."

The York Daily Record reports that "Anxious observers in Hanover; Both sides in the Wirt Park dispute said they were on solid legal ground."

And The Lancaster New Era contains an article headlined "Commandments tally: Both sides claim victory; Mixed rulings by top court produce mixed reaction here."

From Rhode Island, The Providence Journal reports that "Court ruling spurs push to get back Providence's monument."

From South Carolina, The State reports that "High court ruling gives pending bill a boost."

And The Herald of Rock Hill reports that "Ten Commandments win partial OK; Federal ruling prompts local criticism."

From Tennessee, The Knoxville News Sentinel reports that "Ky. rulings may impact 3 counties."

And The Greeneville Sun contains an article headlined "Ten Commandments: Status Of Local Courthouse Display Is Not Yet Clear, Mayor Jones Says."

From Texas, The El Paso Times reports that "Austin keeps monument; Decision pleases religious, elected leaders."

And The Daily Texan contains an article headlined "Court: Capitol tablets stay; Divided court allows religious display at Capitol but not courts."

From Utah, The Deseret Morning News reports that "Split rulings won't end lawsuits; No 'bright line' on display of 10 Commandments."

And The Salt Lake Tribune contains an article headlined "Lawyers: Ruling settles little in Utah."

From Washington State, The Seattle Times reports that "Attorney for Everett heartened by ruling on Texas monument."

And The Daily Herald of Everett contains an article headlined "Hope on both sides; Decisions on Ten Commandments bolster each side in Everett case."

From Wisconsin, The Milwaukee Journal Sentinel reports that "Commandments rulings settle little; Case-by-case guideline leaves both sides unhappy."

And The La Crosse Tribune reports that "Supreme Court ruling shouldn't affect Cameron Park monument."

From Wyoming, The Casper Star-Tribune reports that "City's Ten Commandments plans probably legal under high court rulings."

From Canada, The Toronto Globe and Mail reports that "U.S. top court split on Ten Commandments; Jurists rule on religion's role in public life; no word on ailing Chief Justice's retirement."

[Stay tuned for even more soon!]
Posted at 07:30 PM by Howard Bashman




"Context is key to sorting out Commandments rulings": Tony Mauro has this news analysis online at the First Amendment Center.
Posted at 07:25 PM by Howard Bashman



"Lawmakers Prep for High Court Nomination": FOXNews.com provides this report.
Posted at 07:12 PM by Howard Bashman



"End of Term: None of the justices resigned; But the U.S. Supreme Court still ended its session with a smorgasbord for court watchers." Debra Rosenberg has this report online at Newsweek's web site.
Posted at 07:10 PM by Howard Bashman



"State Supreme Court OKs Oak Creek power plant; Decision reverses lower courts decision in Wisconsin Energy case": The Milwaukee Journal Sentinel provides this news update reporting on a ruling that the Supreme Court of Wisconsin issued today.
Posted at 07:02 PM by Howard Bashman



The wire services are reporting: Reuters provides reports headlined "Reid suggests Republican lawmakers for high court"; "Appeals court reverses Indian land claim ruling"; and "U.S. preparing to appeal key tobacco penalty ruling."

And Hope Yen of The Associated Press reports that "Appeals on Commandments Displays Rejected."
Posted at 07:00 PM by Howard Bashman




"Peer to Peer Justice": Wednesday's edition of The Christian Science Monitor will contain an editorial that begins, "The unanimous Supreme Court decision that computer file-sharing services are illegal if their primary intent is to induce users to steal copyrighted songs is a judicial home run on two counts."
Posted at 06:50 PM by Howard Bashman



Available at National Review Online: An editorial is entitled "No to Justice Gonzales."

And Richard Nadler has an essay entitled "Forgetting Federalism: Kansas judges dispense with restraint."
Posted at 05:20 PM by Howard Bashman




"Did the court get the establishment clause right?": That's the subject of this week's "Debate Club" feature at legalaffairs.org. The participants in this week's discussion are Law Professors Paul Finkelman and John C. Eastman.
Posted at 05:15 PM by Howard Bashman



The Associated Press is reporting: Jesse J. Holland has an article headlined "Frist, Reid Talk Potential Court Nominees."

And in other news, "Court Rulings Concern Tech Entrepreneurs."
Posted at 05:10 PM by Howard Bashman




"We must decide who determines whether an agreement containing an arbitration clause is unconscionable: the arbitrator or the court." So began a unanimous three-judge panel's opinion in a case in which the U.S. Court of Appeals for the Ninth Circuit today has granted rehearing en banc.
Posted at 04:58 PM by Howard Bashman



"Top court to decide anti-abortion group lawsuit": James Vicini of Reuters provides this report.
Posted at 03:42 PM by Howard Bashman



Next thing you know, someone will require Justice David H. Souter to try his hand at computerized file-sharing: WorldNetDaily.com is reporting that "Developer seeks Souter's property; Looks to build 'Lost Liberty Hotel' at home of Supreme Court justice." The press release of Freestar Media, LLC can be accessed here. Thanks to "L-Cubed" and "Law Dork" for drawing this to my attention.
Posted at 03:30 PM by Howard Bashman



"9th Circuit Seal Seems to Be Safe for Now": Sure, the U.S. Court of Appeals for the Ninth Circuit may have suffered two reversals yesterday in high-tech cases at the hands of the U.S. Supreme Court, but when it comes to the low-tech image of scribbled lines carved into stone tablets, two other rulings that the Supreme Court issued yesterday seem to portend good things for the legality of the Ninth Circuit's seal.

Today in the Daily Journal of California, Peter Blumberg and Claude Walbert have an article that begins, "An image of the Ten Commandments in the official seal of the highest court in the West appears to be safe - at least for now. In light of Monday's U.S. Supreme Court rulings on displays of the Ten Commandments in courthouses and other public spaces, experts said the clerk of the 9th U.S. Circuit Court of Appeals need not fret over a lawsuit that accuses her of mixing church and state every time she uses office stationery."
Posted at 03:20 PM by Howard Bashman




Reader mail: According to an email that arrived this afternoon:
The 18th edition of The Bluebook is now out, with an expanded discussion of how to cite internet resources, including blogs. I thought you'd enjoy the fact that the first citation example offered for a blog (p. 158) is to "How Appealing". I think you can take it that means the editors considered "How Appealing" to be the canonical example of a legal weblog. (SCOTUSblog was second.)
I thank this longtime reader for sharing this interesting news.
Posted at 03:14 PM by Howard Bashman



Divided three-judge Second Circuit panel overturns award of more than $247 million in favor of Indian Tribes, and against New York State, for the late-eighteenth-century dispossession of their land: You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 03:00 PM by Howard Bashman



"Split Opinions; For a High Court Nomination, Business Has Its Own Agenda; Corporate Lobby Diverges From Christian Groups On States-Rights Issue; A Breach Over Justice Breyer": This front page article (pass-through link) appears today in The Wall Street Journal.

"ProfessorBainbridge.com" offers these thoughts on the article.

Update: The text of the article is also available here, via The Pittsburgh Post-Gazette's web site.
Posted at 02:55 PM by Howard Bashman




The Associated Press is reporting: Gina Holland reports that "High Court to Consider Death Penalty Case."

And in other news, "Prosecutor Seeks Death for Vt. Killer" and "Jury Acquits Ex-HealthSouth CEO Scrushy."
Posted at 02:44 PM by Howard Bashman




Today's other rulings of note from the D.C. Circuit: In the Wen Ho Lee case, an opinion issued today begins:
Five journalists appeal a District Court order holding them in contempt of court for refusing to answer questions regarding confidential sources in a non-party deposition in a civil case. They contend that the District Court improperly applied our precedent in Zerilli v. Smith, 656 F.2d 705 (D.C. Cir. 1981), to overcome a journalist's qualified privilege to keep sources confidential. We hold that the District Court did not abuse its discretion in holding four of the five journalists in contempt and therefore affirm as to four of the Appellants. Because there was insufficient evidence to hold Appellant Jeff Gerth in contempt we reverse the District Court's order as to him.
And a separate ruling issued today affirms the dismissal of a lawsuit filed against the Government of Japan by fifteen women from China, Taiwan, South Korea, and the Philippines alleging that Japanese soldiers routinely raped, tortured, and mutilated them, along with thousands of other women, in occupied countries before and during World War II.

In early press coverage, The Associated Press reports that "Contempt Finding Upheld Against Reporters."
Posted at 10:35 AM by Howard Bashman




On remand from the U.S. Supreme Court, the D.C. Circuit dismisses the vitamin price-fixing antitrust claims at issue in Empagran S.A. vs. F. Hoffman-Laroche, Ltd. You can access today's ruling at this link.
Posted at 10:30 AM by Howard Bashman



Today's U.S. Supreme Court Order List: At "SCOTUSblog," Lyle Denniston reports here that the Court today has agreed to review, once again, the case of Scheidler v. National Organization for Women, Inc. My preview of that case can be accessed here.

In early press coverage, Gina Holland of The Associated Press reports that "Supreme Court Steps Into Abortion Dispute."

Today's Order List can be accessed here.
Posted at 10:00 AM by Howard Bashman




"Anaheim Loses Its Battle for Now; Court of Appeal rules that team can call itself the Los Angeles Angels of Anaheim for the rest of the season": This article appears today in The Los Angeles Times.

And The Orange County Register reports today that "The closer is Angels keep L.A. in name; At least for the rest of this season, Anaheim learns from appeals court."
Posted at 09:30 AM by Howard Bashman




The Associated Press is reporting: Now available online are articles headlined "Ky. Residents Angry at Commandments Ruling" and "Groups Back Restraining Orders Amid Ruling."
Posted at 09:28 AM by Howard Bashman



On today's broadcast of NPR's "Morning Edition": This morning's broadcast contained a report from Nina Totenberg entitled "Justices 'Split Baby' in Ten Commandments Rulings."

The broadcast also contained segments entitled "Ruling on File Sharing Does Not Make Industry Immune" and "Despite High Court Ruling, Guantanamo Detainees in Limbo."

RealPlayer is required to launch these audio clips.
Posted at 09:12 AM by Howard Bashman




Available at Salon.com: Farhad Manjoo has an essay entitled "A bitter defeat for the press: The Supreme Court's refusal to hear the Cooper-Miller case will do more than hurt two reporters -- it will erode the press's ability to cover sensitive stories."

And Siva Vaidhyanathan has an essay entitled "Supreme Court's unsound decision: Monday's ruling against Grokster will do nothing to stop peer-to-peer file sharing -- but it may well stifle technology innovation."
Posted at 08:50 AM by Howard Bashman




"Bloggers Fighting Government Regulations": The Associated Press provides this report.
Posted at 08:47 AM by Howard Bashman



"Supreme Commandment: No divisiveness." Law Professor Richard W. Garnett has this essay today at National Review Online.
Posted at 08:45 AM by Howard Bashman



"Rehnquist not stepping down, but not looking healthy": Michael McGough has this article today in The Pittsburgh Post-Gazette.

Bloomberg News reports that "U.S. High Court Term Underscores Limits of Rehnquist Influence."

Online at The New Republic, Alexander Barnes Dryer has an essay entitled "Court Gestures: A guide to the senators who would be at the center of a Supreme Court fight."

And The Toledo Blade contains an editorial entitled "Supreme Court in transition?"
Posted at 08:40 AM by Howard Bashman




In news from Alabama: The Montgomery Advertiser today contains articles headlined "Moore's monument wouldn't pass test, experts agree" and "Ruling confounds monument backers."

The Birmingham News contains an article headlined "Split on Commandments."

The Huntsville Times contains an article headlined "Will rulings help Moore? Analysts divided."

And The Mobile Register provides this report.
Posted at 07:30 AM by Howard Bashman




In news from Texas: The Austin American-Statesman reports today that "Ten Commandments statue at Capitol can stay; In separate ruling, court rules framed copies may not return to Kentucky courthouses."

The Houston Chronicle today contains articles headlined "Will the displays stay? Court says yes, and no; The disputes will be decided on case-by-case basis" and "The fate of a courthouse display of a Bible is to be decided this year by the 5th Circuit; Both sides in local case optimistic."

The Dallas Morning News reports that "Losing plaintiff had predicted defeat at court; Beyond that, homeless sometimes-lawyer defers to victorious Abbott."

The San Antonio Express-News reports that "Court split on Ten Commandments."

And The Fort Worth Star-Telegram reports that "Court clarifies rules for religious displays."
Posted at 07:24 AM by Howard Bashman




In news from Kentucky: The Louisville Courier-Journal today contains articles headlined "5-4 rulings cite displays' intent; Analysts: Issue far from settled"; "Plaintiff, ex-official disagree, but tone is still love thy neighbor; Both sides in case critical of outsiders"; "McCreary ends exhibit plans; officials upset"; "State law's fate hazy; counties get 'mixed bag'"; and "Other counties ponder future of their displays."

The Lexington Herald Leader, meanwhile, contains an article headlined "McCreary, Pulaski displays go too far; But Austin's can remain, Supreme Court says" and an editorial entitled "10 Commandments: Court rulings split but clear on Ky. cases."
Posted at 07:15 AM by Howard Bashman




In news from Colorado: The Denver Post reports today that "Justices deny mom's right to sue police; Court: Castle Rock cops couldn't have known dad would kill kids."

And The Rocky Mountain News reports today that "Justices back Castle Rock; Mom can't sue cops in failure to prevent 3 daughters' slaying."
Posted at 07:14 AM by Howard Bashman




In today's edition of USA Today: Joan Biskupic reports that "Rehnquist leaves them laughing -- and guessing."

An article is headlined "Court limits file sharing, display of Commandments; Sites can be held liable for piracy by their users."

In related news, "Exhibits' overall message, motive seen as key factors" and "Decisions leave some confused."

An article reports that "Entertainment firms win file-sharing duel; Court rules sites could be held liable for piracy."

And in other news, "Court rules cable firms don't have to share lines."
Posted at 07:11 AM by Howard Bashman




"Ruling Could Limit Access to Net": This article (free access provided) appears today in The Wall Street Journal.
Posted at 07:04 AM by Howard Bashman



In today's edition of The Los Angeles Times: David G. Savage reports that "Justices Limit Public Display of Religion; The Supreme Court disallows posting the Ten Commandments in Kentucky courthouses; It allows them on the Texas Capitol grounds" and "Rehnquist Retirement Still Just Speculation." He is also the co-author of an article headlined "Firms Can Be Held Liable for Net Piracy; High court sides with the entertainment industry in the fight against illegal file sharing."

In other news, "Justices Keep Cell Door Open for 2 Reporters; The New York Times and Time magazine file new papers in federal district court after the Supreme Court declines to hear contempt case."

Henry Weinstein reports that "High Court Shields Police Who Fail to Enforce Restraining Orders; Justices rule 7 to 2 that officers aren't required by the Constitution to uphold such restrictions and that they should act at their discretion."

And in other news, "Court Lets Cable Firms Bar Rivals From Internet Lines; Justices uphold a decision by the FCC; The ruling may limit choices for high-speed access."

The newspaper also contains editorials entitled "Semi-Hooray for Hollywood..." and "...and a Get-Out-of-Jail Key."
Posted at 07:00 AM by Howard Bashman




The Washington Post is reporting: In today's newspaper, a front page article reports that "File-Sharing Firms Can Be Held Liable; Ruling Aids Entertainment Industry."

In other news, "Christian Groups Plan More Monuments; Many Expect Confusion and Litigation on Ten Commandments to Continue."

An article reports that "Reporters Lose Appeal, Face Jail Time; Supreme Court Refuses to Review Contempt Charge in Probe of Leak About CIA Agent."

In other news, "Court Backs Town In Lawsuit Over Domestic Violence; Justices Allow Police Wide Discretion."

Charles Lane reports that "Justices Back Tenn. Execution Despite Court Error."

And an editorial is entitled "Ten Opinions," while columnist George F. Will has an op-ed entitled "Thou Shalt Split Hairs."
Posted at 06:50 AM by Howard Bashman




In today's edition of The New York Times: Adam Liptak has articles headlined "Court Declines to Rule on Case of Reporters' Refusal to Testify" and "Courts Grow Increasingly Skeptical of Any Special Protections for the Press."

Linda Greenhouse and Lorne Manly report that "Justices Reinstate Suits on Internet File Sharing." Related articles are headlined "Sharing Culture Likely to Pause but Not Wither" and "No Pot of Gold in Court Ruling for the Studios."

An article reports that "Split Rulings on Displays Draw Praise and Dismay."

And in other news, "Cable Wins Internet-Access Ruling."

Meanwhile, the newspaper also contains editorials entitled "The Court Affirms Separation of Church and State..."; "Stands Strongly Against Theft on the Internet..."; and "And Strikes a Blow at a Strong Press."
Posted at 06:40 AM by Howard Bashman



Monday, June 27, 2005


"Justices Split on Decalogue Displays; Religious Intent Is Cited In Texas, Kentucky Cases Over Ten Commandments": Jess Bravin will have this article (pass-through link) Tuesday in The Wall Street Journal.
Posted at 11:24 PM by Howard Bashman



"'Thou shalts' polarize court; 5-4 ruling, bitter words reflect rift among justices": This article will appear Tuesday in The Atlanta Journal-Constitution.
Posted at 10:28 PM by Howard Bashman



"Groups Gear Up for Supreme Court Battle": FOXNews.com provides this report, along with a related report headlined "No Retirement News."
Posted at 10:24 PM by Howard Bashman



"Divided Supreme Court splits Ten Commandments rulings": Jan Crawford Greenburg will have this article Tuesday in The Chicago Tribune.

And Tuesday in The Dallas Morning News, Allen Pusey will report that "Texas wins Ten Commandments case; Capitol marker OK, but framed copies in Kentucky are not."
Posted at 10:15 PM by Howard Bashman




In Tuesday's issue of The Washington Post: Charles Lane will have a front page article headlined "Justices Disallow Ten Commandments in Courthouses; In Separate Decision, Court Upholds Displays on Government Land."

And in other news, "Cable Firms Don't Have to Share Networks, Court Rules."
Posted at 10:10 PM by Howard Bashman




"Rehnquist still on the bench": Newsday provides this news update.
Posted at 10:05 PM by Howard Bashman



"Don't Stop Grokkin'; Apparent MGM v. Grokster slamdunk is really a mixed bag" Mike Godwin has this essay online today at Reason.
Posted at 09:55 PM by Howard Bashman



In Tuesday's edition of The New York Times: Linda Greenhouse will report that "Justices Allow a Commandments Display, Bar Others" and "Justices Rule Police Do Not Have a Constitutional Duty to Protect Someone."

Also, Todd S. Purdum will have an article headlined "Anticipation of a Vacancy, but Silence Says Not Yet."
Posted at 09:50 PM by Howard Bashman




"Supreme court rejects journalists' appeal; Reporters face jail for refusing to name source": This article appears Tuesday in The Guardian (UK).
Posted at 09:45 PM by Howard Bashman



"Ten Commandment Displays Allowed in Some Public Spaces": This segment (transcript with link to audio) featuring The Chicago Tribune's Jan Crawford Greenburg appeared on this evening's broadcast of the PBS program "The NewsHour with Jim Lehrer." You can also access audio (RealPlayer required) of Jan's report on today's other notable happenings at the Court.
Posted at 09:10 PM by Howard Bashman



"Saad puts 2008 heat on McCain": Tuesday's edition of The Hill will contain an article that begins, "Republican leaders in Michigan's Macomb and Oakland counties are pressuring Sen. John McCain (R-Ariz.) to win an up-or-down vote on a controversial judicial nominee from the Wolverine State. They want McCain to use his influence to persuade his colleagues to clear Henry Saad, the nominee to the 6th U.S. Circuit Court of Appeals who was left out of the judicial deal Senate centrists struck last month."
Posted at 09:04 PM by Howard Bashman



"No Retirement Announcements at High Court": Gina Holland of The Associated Press provides this updated report, in which historian David Garrow is quoted as saying that if no retirement is announced tomorrow, we can expect to see these same nine Justices back on the bench in October.
Posted at 08:54 PM by Howard Bashman



"Rulings on religious displays divide US": This article appears Tuesday in The Telegraph (UK).

And Tuesday's edition of The Minneapolis Star Tribune will contain an editorial entitled "Ten Commandments: Keeping the law alive."
Posted at 08:30 PM by Howard Bashman




"Ten Commandments rulings leave both sides unsatisfied": Stephen Henderson of Knight Ridder Newspapers provides this report.
Posted at 08:10 PM by Howard Bashman



The Los Angeles Times is reporting: David G. Savage has a news update headlined "Justices Rule File-Sharing Services Can Be Held Liable for Theft."

And in other news, "High Court: Cable Companies Don't Have to Share Lines."
Posted at 07:38 PM by Howard Bashman




Available online from National Public Radio: This evening's broadcast of "All Things Considered" contained segments entitled "High Court Allows Commandments Display" (featuring Nina Totenberg); "High Court Rules Against Grokster"; "Reporters on CIA Leak Seek Right of Appeal"; and "Supreme Court Weighs ISP Control of Data."

And today's broadcast of "Talk of the Nation" contained segments entitled "High Court Rulings Split on Commandment Displays" (featuring David G. Savage); "Supreme Court Rules Against Grokster" (featuring Tony Mauro); and "High Court Won't Hear Jailed Journalists' Case."

RealPlayer is required to launch these audio files.
Posted at 07:34 PM by Howard Bashman




"Aguirre: Commandments rulings show Soledad cross is religious symbol." The web site of The San Diego Union-Tribune provides a news update that begins, "San Diego's city attorney opined Monday that the U.S. Supreme Court's decision on public displays of the Ten Commandments does not help the effort to prevent the removal of the cross from atop Mount Soledad."
Posted at 07:24 PM by Howard Bashman



"The File Sharing Fight's Not Over: The entertainment industry won the Grokster case; But the narrow decision leaves open the possibility that other peer-to-peer services could be legal." Roger Parloff has this essay online at Fortune.
Posted at 07:18 PM by Howard Bashman



"Court sides with police in restraining-order case": In addition to the two articles I earlier noted here, Warren Richey will also have this article in Tuesday's edition of The Christian Science Monitor.

And the newspaper will contain an editorial entitled "Limits of Religion in Public Life: Court acts wisely on Ten Commandments rulings."
Posted at 06:44 PM by Howard Bashman




"Rehnquist Throws Down The Gavel, But Not The Towel; Amid speculation over Chief Justice William Rehnquist's resignation, the Supreme Court rules on a pair of Ten Commandment cases and one on Internet file-sharing": Time magazine provides this online report.
Posted at 05:50 PM by Howard Bashman



Available online from law.com: Tony Mauro reports on "Mixed Results in Ten Commandments Case."

And in other news, "Justices Shake Up Landscape in High-Tech Cases" and "Justices: Can't File Federal Suits Over State Restraining Orders."
Posted at 05:40 PM by Howard Bashman




"Court rules against file-trading networks": Reuters provides this report.
Posted at 05:37 PM by Howard Bashman



"Breyer casts decisive vote on religious displays; Justice: Old monuments with Commandments are OK; new displays are not." Tom Curry, national affairs writer for MSNBC, provides this report.
Posted at 05:35 PM by Howard Bashman



"A year after ruling, Guantanamo detainees remain in legal limbo": Frank Davies of Knight Ridder Newspapers provides this report.
Posted at 05:24 PM by Howard Bashman



"Rehnquist's Court": This segment (RealPlayer required) appeared today on the public radio program "The Connection."
Posted at 05:05 PM by Howard Bashman



"Proper place for religion is outside the courtroom": This article will appear Tuesday in The Times of London.

And CBS News legal analyst Andrew Cohen has an essay entitled "Deciphering The Commandment Case."
Posted at 05:00 PM by Howard Bashman




Competitor's internet pop-up ads don't evidence trademark infringement, Second Circuit rules: The U.S. Court of Appeals for the Second Circuit issued this ruling today.
Posted at 04:50 PM by Howard Bashman



"Texas Commandments display OK": Allen Pusey of The Dallas Morning News provides this update.

The Fort Worth Star-Telegram provides a news update headlined "High court rules Commandments display allowable outside Capitol."

And The San Antonio Express-News reports that "Abbott hails decision as victory for Texans, Americans."
Posted at 04:42 PM by Howard Bashman




"Supreme Court split over Ten Commandments": The Scripps Howard News Service provides this report.

And Bloomberg News reports that "Ten Commandments Displays Allowed by U.S. High Court."
Posted at 04:20 PM by Howard Bashman




"Anti-class-action clause was unconscionable" in arbitration agreement, Supreme Court of California decides: At the "Arbitration Blog," Ross Runkel has this post about a noteworthy ruling that California's highest court issued today.
Posted at 03:50 PM by Howard Bashman



"The Protection of Homes, Small Businesses, and Private Property Act of 2005": U.S. Senator John Cornyn (R-TX) introduced this legislation today in the U.S. Senate. The text of Senator Cornyn's remarks can be accessed here.
Posted at 03:45 PM by Howard Bashman



On today's broadcast of NPR's "Day to Day": The broadcast contained segments entitled "Slate's Jurisprudence: Last Supreme Court Rulings" (featuring Emily Bazelon); "Split Supreme Court Ruling on 10 Commandments"; and "Ruling Exposes Web File-Sharing to Lawsuits." RealPlayer is required to launch these audio files.
Posted at 03:30 PM by Howard Bashman



"US Court Backs Cable Companies on Internet Lines": Reuters provides this report.
Posted at 03:12 PM by Howard Bashman



"Decision to bar display of faith ratchets up culture war": Financial Times provides a news update that begins, "The Supreme Court stepped into one of the most contested fronts of the US culture war on Monday, ruling that the display of framed copies of the Ten Commandments in Kentucky courthouses crossed the constitutional line between church and state."
Posted at 03:10 PM by Howard Bashman



"Justices Rule File-Sharing Services Can Be Held Liable for Theft": The Los Angeles Times provides this news update.
Posted at 03:05 PM by Howard Bashman



"High court decides slew of hot-button cases in this term": The Scripps Howard News Service provides this report.
Posted at 02:32 PM by Howard Bashman



Available online from c|net News.Com: You can access articles headlined "Supreme Court rules against file swapping" and "Cable wins Supreme Court battle."
Posted at 02:30 PM by Howard Bashman



Warren Richey of The Christian Science Monitor is reporting: In Tuesday's edition of that newspaper, he will have articles headlined "Supreme Court splits on Ten Commandments" and "Internet file-sharing takes a hit."
Posted at 02:28 PM by Howard Bashman



"Court Allows 10 Commandments on Seized Land": The blog "ScrappleFace" reports here that "In a pair of rulings on the constitutionality of the 10 Commandments on government property, the Supreme Court today said the commandments may be displayed on public land if that property has been seized from private owners for 'public purposes' under eminent domain."
Posted at 02:15 PM by Howard Bashman



On today's broadcast of the public radio program "Here & Now": The broadcast contained segments entitled "Supreme Court Announcements" and "Rehnquist's Past." RealPlayer is required to launch these audio segments.
Posted at 02:05 PM by Howard Bashman



"Supreme Court Splits on Ten Commandments Displays": David G. Savage of The Los Angeles Times provides this news update.
Posted at 01:58 PM by Howard Bashman



"Court: Colo. Jurors May Question Witnesses." The Associated Press provides a report that begins, "The Colorado Supreme Court ruled Monday that jurors may submit questions to witnesses during criminal trials, saying the practice does not automatically harm the defendant's right to a fair trial." You can access today's ruling of the Supreme Court of Colorado at this link.
Posted at 01:55 PM by Howard Bashman



The wire services are reporting: James Vicini of Reuters reports that "High court recesses with no retirement" and "Justices issue mixed rulings on Ten Commandments."

And Hope Yen of The Associated Press reports that "High Court to Review Gas-Fixing Case." Also, look for The AP to correct Ms. Yen's report headlined "Court Splits on Ten Commandments Displays" insofar as it currently states, "In that 5-4 ruling and another decision involving the positioning of a 6-foot granite monument of the Ten Commandments on the grounds of the Texas capitol, Justice Sandra Day O'Connor was the swing vote." While Justice O'Connor was in the majority in the case from Kentucky, she dissented in the case from Texas, where Justice Stephen G. Breyer provided the crucial fifth vote for the majority.
Posted at 01:50 PM by Howard Bashman




"High Court Issues Split Decisions on Commandments": Nina Totenberg had this report (RealPlayer required) on today's broadcast of NPR's "Morning Edition."
Posted at 12:15 PM by Howard Bashman



"Supreme Court Splits the Baby in 10 Commandments Cases; Fractured Opinions Leave Law in Shambles and Invite More Pointless Lawsuits": The Becket Fund for Religious Liberty has issued this press release.
Posted at 12:14 PM by Howard Bashman



"Supreme Court Declines to Hear Reporters' Appeal in Leak Case": Adam Liptak of The New York Times provides this news update.

Howard Kurtz of The Washington Post provides a news update headlined "High Court Rejects Appeals in CIA Leak Case; 2 Journalists Face Jail Time for Failing to Reveal Confidential Sources."

And The Los Angeles Times provides a news update headlined "High Court Declines to Hear Appeal of Reporters in Plame Case."
Posted at 11:55 AM by Howard Bashman




Today's U.S. Supreme Court opinions in the final six argued cases from this Term: No retirements from the Court were announced at its public session this morning. The Court today did, however, deliver opinions in all six argued cases that remained to be decided this Term (the case names link to the Court's opinions):

1. Van Orden v. Perry, No. 03-1500 (argued March 2, 2005);

2. McCreary County v. ACLU of Kentucky, No. 03-1693 (argued March 2, 2005);

3. Castle Rock v. Gonzales, No. 04-278 (argued March 21, 2005);

4. MGM Studios v. Grokster, No. 04-480 (argued March 29, 2005);

5. Nat'l Cable & Telecomm. Ass'n v. Brand X Internet Servs., No. 04-277 (argued March 29, 2005); and

6. Bell v. Thompson, No. 04-514 (argued April 26, 2005).

The Court today also issued an Order List accepting five cases for review. "SCOTUSblog" provides this post listing the questions presented.

In press coverage, The Associated Press reports that "No Retirement Announcements at High Court." Hope Yen of The Associated Press offers reports headlined "Court: File-Sharing Services May Be Sued"; "Court Splits on Ten Commandments Displays"; and "Cable Companies Don't Need to Share Lines." The AP's Gina Holland reports that "Supreme Court Won't Hear CIA Leak Case"; "Cops Can't Be Sued for Restraining Orders"; and "High Court Rules Against Death Row Inmate." And James Vicini of Reuters reports that "U.S. court rejects reporter appeals in leak probe" and "Court to decide Shell, Texaco gas case."

At "SCOTUSblog," Lyle Denniston has this report on the Court's opinions today.
Posted at 10:00 AM by Howard Bashman




A preview of the U.S. Supreme Court's rulings today in two Ten Commandments cases: At 10:00 a.m., the Supreme Court will announce its rulings in Van Orden v. Perry, a Ten Commandments case from Texas (oral argument transcript here), and McCreary County v. ACLU of Kentucky, a Ten Commandments case from Kentucky (oral argument transcript here).

The Fifth Circuit's decision in Van Orden can be accessed at this link, while the Sixth Circuit's decision in McCreary County can be accessed at this link.

I collected news coverage of the Supreme Court's grant of review in these two Ten Commandments cases in this very large post from October 2004.

I collected news coverage of the Supreme Court oral arguments in these related cases in posts from March 2005 that you can access here and here.

And let's not overlook the recent article headlined "Plaintiff expects to lose monument suit" that appeared in The Dallas Morning News.

My September 2003 appellate column was titled "Take two tablets: Courts struggle over where to draw the line between Church and State."

Finally for now, how unconstitutional can the display of the Ten Commandments be if the Ninth Circuit -- the court that once tried to strip the words "under God" from the Pledge of Allegiance -- includes them in its official seal? My coverage of the lawsuit challenging the Ninth Circuit's seal can be accessed here, here, and here.
Posted at 09:24 AM by Howard Bashman




"Judgment call: Bush may get chance to reshape Supreme Court." The Sacramento Bee contains this article today.
Posted at 09:10 AM by Howard Bashman



"Hundreds Await Rehnquist at High Court": The Associated Press provides this report.
Posted at 09:00 AM by Howard Bashman



"A Revolution on Hold: As the Supreme Court embraced moderation, the conservative agenda stalled." Tony Mauro has this essay online at law.com.
Posted at 08:58 AM by Howard Bashman



Available this morning at National Review Online: U.S. Senator John Cornyn (R-TX) has an essay entitled "R-E-S-P-E-C-T: For the law, for the Court, for the Constitution, for the nominee."

And Ramesh Ponnuru has an essay entitled "Partial Justice: Alberto Gonzales's recusal problem."
Posted at 08:55 AM by Howard Bashman




"Key US file-sharing ruling looms; A decision in a key legal case that pits movie studios against the makers of file-sharing software is imminent": BBC News provides this report.
Posted at 08:54 AM by Howard Bashman



"Life Tenure Is Too Long For Supreme Court Justices": Stuart Taylor Jr. has this essay today in National Journal.
Posted at 08:50 AM by Howard Bashman



"Schiavo threats taught sympathy; The death threats first made Michael Schiavo's attorney angry and scared; Then they got him to open his heart": This article appears today in The St. Petersburg Times.
Posted at 07:45 AM by Howard Bashman



On the agenda: Just three hours from now, the Supreme Court of the United States will announce its rulings in the final six argued cases from this Term. You can access my list of those cases, including the questions they present, at this link. Stay tuned for complete coverage of what transpires today at the Court, including any news of retirements.
Posted at 07:00 AM by Howard Bashman



"Lobbyists can't wait to push justice favorites": This article appears today in The Pittsburgh Post-Gazette.

The Boston Globe today contains an editorial entitled "Supreme appointments."

Robert Novak has an op-ed entitled "Gonzales for top court rankles right."

And in The Washington Times, Eugene Hickok has an op-ed entitled "As the vacancy nears."
Posted at 06:58 AM by Howard Bashman




"Supreme Court power trip": Today in The Daily Texan, James Burnham has an op-ed that begins, "The past two weeks have been troubling at the Supreme Court. In two closely divided rulings, the Court has done a thorough job of eliminating constitutional restrictions on the government's power."
Posted at 06:54 AM by Howard Bashman



"High court ruling on land taking could rekindle efforts in Station District": The Providence (R.I.) Journal today contains an article that begins, "With the U.S. Supreme Court ruling last week that governments can condemn private property for private as well as public purposes, some in Warwick are wondering what that might mean for the long-stalled Station District redevelopment project."

And in commentary, Newsday today contains an editorial entitled "'Taking' for public good: Supreme Court's property decision is logical but could easily be abused."

The Seattle Times contains an editorial entitled "Private vs. Public land: Whose property right?"

The Atlanta Journal-Constitution contains an editorial entitled "Supreme disapproval: State must protect homeowners."

The Tucson Citizen contains an editorial entitled "High court went too far in property case."

And in The Washington Times, Edward Hudgins has an op-ed entitled "Your castle no more."
Posted at 06:45 AM by Howard Bashman




"Amendment vote falls short; Kansas House action complicates school-funding issue": The Kansas City Star today contains an article that begins, "Votes for a constitutional amendment limiting judicial powers over the Legislature fell short Sunday, leading some lawmakers to vow to oppose any response to the Supreme Court’s school-finance order."
Posted at 06:44 AM by Howard Bashman



"Opinions split on rules' displays, relevance": The News & Observer of Raleigh, North Carolina today contains an article that begins, "The U.S. Supreme Court is expected today to set new rules for government displays of the Bible's Ten Commandments."
Posted at 06:40 AM by Howard Bashman



"The California Supreme Court's Ruling on the 'Indiana Jones' Ride: Was the Court Mistaken When It Treated the Ride Like a City Bus?" FindLaw commentator Anthony J. Sebok has this essay today.
Posted at 06:30 AM by Howard Bashman



"Public records battle grew from a father's frustration": The Seattle Times contains this article today.
Posted at 06:25 AM by Howard Bashman



"High court ruling on file sharing could bring clarity; Legal battles slow products": This article appears today in USA Today.
Posted at 06:20 AM by Howard Bashman



"Latest reversal par for the court; 5th Circuit rulings often struck down": The Times-Picayune contains this article today.
Posted at 06:15 AM by Howard Bashman



"Lawyers: Detainees' cases stalled in the legal system; Also allege pressure from interrogators to drop lawsuits." This article appears today in USA Today. And in related news, "Rights groups detail 'Kafkaesque' U.S. detentions."
Posted at 06:10 AM by Howard Bashman



"A scenario for Monday": Lyle Denniston has this interesting post at "The Supreme Court Nomination Blog" about what to expect today.
Posted at 12:40 AM by Howard Bashman



"The Becker-Posner Blog" on Kelo v. City of New London and eminent domain: Professor Gary S. Becker comments here, while Seventh Circuit Judge Richard A. Posner comments here.
Posted at 12:33 AM by Howard Bashman



"Reporters Await Fallout of Not Naming Sources; Two journalists facing jail time are to find out whether the high court will hear their case": This article appeared Sunday in The Los Angeles Times.
Posted at 12:30 AM by Howard Bashman



"High-Court Contenders Exchange Barbs; Judges Luttig and Wilkinson Of Richmond Panel Trade Withering Appraisals in Opinions": Jess Bravin has this article (pass-through link) today in The Wall Street Journal.

I too have noted this phenomenon, in posts you can access here, here, here, here, and here.
Posted at 12:05 AM by Howard Bashman




In the unlikely event that extraordinarily high traffic causes this site to go off-line: The day on which the U.S. Supreme Court announces its final remaining decisions in argued cases has traditionally been one of the highest traffic days for this blog. And if one or more Justices announce plans to depart from the Court, an even greater traffic surge may occur.

In the unlikely event (and only in the unlikely event) that it becomes impossible to access this blog at its usual location, I will post to my blog's backup site, which is located at:

http://howappealing.blogspot.com
Posted at 12:00 AM by Howard Bashman



Sunday, June 26, 2005


C-SPAN's "America & the Courts" features Ninth Circuit en banc oral argument in Seattle school district race-based student allocation case: I previously linked here to the audio of this oral argument. Now, thanks to C-SPAN, you can view the oral argument video by clicking here (RealPlayer required).
Posted at 11:45 PM by Howard Bashman



"In Battle to Pick Next Justice, Right Says, Avoid a Kennedy": Monday's edition of The New York Times will contain a lengthy article that begins, "When Anthony M. Kennedy was nominated to the Supreme Court in 1987, he took the place of a fallen conservative icon, Robert H. Bork, whose defeat in a Senate conflagration still shapes judicial politics." The article goes on to note, "In an interview last week, [Justice Kennedy] responded to a question about what it was like to be cast as a Judas justice."
Posted at 10:45 PM by Howard Bashman



"Speculation grows over Rehnquist's resignation": Patti Waldmeir has this article in Monday's edition of Financial Times.
Posted at 10:33 PM by Howard Bashman



"A right turn on the high court?" Law Professor Jonathan Turley will have this op-ed Monday in USA Today. Turley's evaluation of leading candidates to fill a U.S. Supreme Court vacancy, judged on a "Rove-o-meter" scale of zero to five "Roves," can be accessed here.
Posted at 10:30 PM by Howard Bashman



"Ethical Responsibility, At Issue With Grokster, Applies to Others, Too": Lee Gomes will have this essay (free feature) Monday in The Wall Street Journal.
Posted at 10:22 PM by Howard Bashman



"Parties Gear Up for High Court Battle": Monday's edition of The Washington Post will contain an article that begins, "The White House gathered key political operatives at a strategy meeting Friday to prepare for a possible Supreme Court vacancy that officials believe could occur this week, leading to the first high court confirmation battle in a decade, according to Republicans informed about the session."

Margaret Talev of McClatchy Newspapers reports that "As court's session winds down, speculation about vacancies ramps up."

The Newark (N.J.) Star-Ledger today contains an article headlined "After Rehnquist: Forecasts of a fierce political storm."

And David Sanders of the Arkansas News Bureau has an essay entitled "Looming battle for U.S. Supreme Court."
Posted at 10:15 PM by Howard Bashman




"Experts Handicap Grokster; Legal experts say the U.S. Supreme Court is unlikely to give either side exactly what it wants in the Grokster ruling": Red Herring provides this report.
Posted at 09:57 PM by Howard Bashman



"Will Texas now hand out fewer death sentences? State gives juries the option of life without parole, raising questions about number of people who will be executed." This article will appear Monday in The Christian Science Monitor.
Posted at 09:54 PM by Howard Bashman



"Proposal to Limit Kansas Court Fails": The Associated Press provides a report that begins, "A proposal to rewrite the Kansas constitution to limit the state Supreme Court's power failed in the Legislature Sunday, thwarting an effort by Republican leaders to punish the court for its recent order telling lawmakers to provide more money for public schools."
Posted at 09:02 PM by Howard Bashman



"Justice abused terror-fighting tools, report says": Shannon McCaffrey of Knight Ridder Newspapers provides a report that begins, "The Justice Department imprisoned dozens of Muslim men for months in the wake of the Sept. 11 attacks based on secret evidence and often flimsy links to terrorism, two civil liberties groups charge in a new report to be made public on Monday. The report by the American Civil Liberties Union and Human Rights Watch accuses the Justice Department of plunging at least 70 men 'into a Kafkaesque world of indefinite detention.'"

And The New York Times on Monday will report that "Two Groups Charge Abuse of Witness Law."
Posted at 09:00 PM by Howard Bashman




Available online from National Public Radio: On this evening's broadcast of "All Things Considered," Nina Totenberg had a segment entitled "Supreme Court to Wrap Up Current Term" (RealPlayer required). She also has a written report examining "Possible Successors to Chief Justice Rehnquist."

And today's broadcast of "Weekend Edition - Sunday" contained a segment entitled "Connecticut Families Plan to Fight Relocation" (RealPlayer required).
Posted at 08:45 PM by Howard Bashman




Boston Red Sox 12, Philadelphia Phillies 8: My son and I had an enjoyable if hot afternoon at Citizens Bank Park, where many representatives of the Red Sox Nation were present seeking a weekend sweep. Sox fans were a bit in shock as the Phillies battled back from an 8-1 deficit to tie the game, but Boston had the last laugh, bestowing on the Phillies their first Sunday home loss of the season. Wraps and box score here.
Posted at 05:54 PM by Howard Bashman



On Monday at 10 a.m. eastern time, the Supreme Court of the United States will announce rulings in the remaining six argued cases from this Term: You can access a list of those cases, including the questions that they present, at this link. Tomorrow will thus be a big news day even if no one on the Court announces plans to retire or resign.
Posted at 09:00 AM by Howard Bashman



"Court ruling on condemnation still leaves lots to fight about": This article appears today in The Journal News of Westchester, New York.

In commentary, The Day of New London, Connecticut today contains an editorial entitled "It's Time To Move Ahead: The product of the Kelo case should be something the city can be proud of, not enduring bitter feelings."

The Baltimore Sun contains an editorial entitled "The right balance."

The Times Union of Albany, New York contains an editorial entitled "Seizing property: The U.S. Supreme Court upholds eminent domain in cases involving private development projects."

The Rochester (N.Y.) Democrat and Chronicle contains an editorial entitled "Power overload: The Supreme Court has gone too far with eminent domain."

The Lincoln (Neb.) Journal Star contains an editorial entitled "Use of eminent domain must benefit public."

In The Los Angeles Times, Michael Kinsley has an op-ed entitled "GOP Judicial Activism Takes a Hit." In addition, columnist Dana Parsons has an op-ed entitled "Home Is Where a Mini-mall Could Be."

In The Boston Globe, columnist Jeff Jacoby has an op-ed entitled "Eminent injustice in New London."

In The Chicago Tribune, columnist John Kass has an op-ed entitled "High court ruling steamrolls rights of the little guy."

And in The Houston Chronicle, Loren Steffy has an op-ed entitled "Economic hype clouds judgment."
Posted at 08:15 AM by Howard Bashman




"Who May Succeed Rehnquist: If the ailing chief justice steps down, Bush will select a conservative; There are clear differences among a dozen likely candidates." David G. Savage and Richard B. Schmitt have this article today in The Los Angeles Times.

Today in The Chicago Tribune, Jan Crawford Greenburg reports that "2 to watch for vacancy have much in common; Judges are friends and may be rivals for Supreme Court seat."

In The Boston Globe, Charlie Savage reports that "GOP rift looms over high court nominations; Some want evangelicals to keep quiet during fight."

In The Baltimore Sun, Gail Gibson reports that "Forces poised over court; Rehnquist may retire, but vacancy is not assured; Campaign ads are gearing up; Bruising fight expected over Supreme Court seat."

The Denver Post contains an article headlined "Appeals judge has appeal - to some" that begins, "In reportedly placing Michael McConnell, a judge on the Denver-based 10th Circuit Court of Appeals, on its list of potential U.S. Supreme Court nominees, the White House has recognized a conservative legal scholar whose opposition to abortion and provocative ideas about church and state have prompted liberal groups to announce their opposition before he is even nominated."

The Toledo Blade contains an article headlined "The Rehnquist question: With Chief Justice William Rehnquist's retirement anticipated, partisan forces gear up for a fight over the future of the court."

And The Arkansas Democrat-Gazette reports that "Prospect of court row stirs activists; Factions on right, left brace for fight."

In commentary, Foster's Daily Democrat of New Hampshire contains an editorial entitled "Balance important for U.S. Supreme Court."

In The Los Angeles Times, Law Professor Douglas W. Kmiec has an op-ed entitled "Judges: The Law Is the Law." Edward Lazarus has an op-ed entitled "Boomerang Justices -- Ouch! Presidents seeking an ideological legacy have often been sorely disappointed." And Law Professor Vikram Amar has an op-ed entitled "Judges Rule -- 'Legislating from the bench': It's a matter of opinion."

Finally for now, in The St. Petersburg Times, columnist Robyn E. Blumner has an op-ed entitled "After Rehnquist."
Posted at 07:30 AM by Howard Bashman



Saturday, June 25, 2005


"Academy rape trial on hold; Judge's action follows refusal of therapist to turn over notes": This article appears today in The Denver Post.

The Rocky Mountain News today contains articles headlined "Judge halts rape case; Appeal planned in court-martial of academy grad"; "Victims advocates angered"; and "Coalition honors therapist's resolve in 'bittersweet' ceremony." Also, columnist Scott Robinson has an op-ed entitled "Postponing cadet's court-martial a good move in fight over records."

And The San Antonio Express-News reports that "AF judge throws out rape allegation against ex-cadet."
Posted at 11:00 PM by Howard Bashman




In news from Mississippi: The Biloxi Sun Herald today contains an article headlined "Judge will release some documents" that begins, "Following a directive this week from a higher court, U.S. District Judge Henry T. Wingate is releasing many documents that had been sealed in a judicial bribery case."

And in related coverage, The Clarion-Ledger reports today that "Witness backtracks in Diaz trial; Coast lawyer testifies in 10th day of bribery trial."
Posted at 10:54 PM by Howard Bashman




"In Supreme Court Years, age is just a number -- a big one": Marsha Mercer will have this essay Sunday in The Richmond Times-Dispatch.
Posted at 10:50 PM by Howard Bashman



"KOCE Sale Reversed; Court Cites Favoritism": The Los Angeles Times today contains an article that begins, "Calling the deal 'the rankest form of favoritism,' a state appeals court reversed the sale of Orange County's PBS station to the KOCE Foundation, saying the Coast Community College District had agreed to the deal because it was determined not to sell KOCE-TV to televangelists."

And The Orange County Register reports today that "Court invalidates the sale of KOCE-TV; Transaction illegal because owner ruled out higher bid from religious broadcaster."

You can access at this link Thursday's unpublished opinion of the California Court of Appeal for the 4th District, Division Three.
Posted at 10:40 PM by Howard Bashman




"Battle Looms for Supreme Court Leadership": David G. Savage and Richard B. Schmitt will have this article Sunday in The Los Angeles Times.
Posted at 10:32 PM by Howard Bashman



"Not Just a Win for Bugs": The Washington Post today contains an editorial that begins, "Normally, it is a mistake to read much into a decision by the Supreme Court not to hear a case. But the court's decision last week not to take up a case called GDF Realty Investments v. Norton is worthy of note. The court sat for a long time on the case, a challenge out of Texas to the application of the Endangered Species Act to insects that live only in a few caves in the Lone Star State."
Posted at 09:00 PM by Howard Bashman



"One mighty-determined plumber: The lawman investigating a White House leak just won't take no for an answer." Chitra Ragavan will have this article in the July 4, 2005 issue of U.S. News & World Report.
Posted at 07:08 PM by Howard Bashman



"Ex-aide to U.S. judge admits stealing; During six years with district court, secretary handled finances and took $227,274 from him": The Sacramento Bee today contains an article that begins, "A Sacramento federal judge's former secretary, who handled his personal finances, has pleaded guilty to stealing $227,274 from the judge over a six-year period."
Posted at 06:45 PM by Howard Bashman



"U.S. Marshals Service Director Resigns; Judges and Lawmakers Had Criticized Reyna": This article appears today in The Washington Post.
Posted at 06:42 PM by Howard Bashman



"2 top candidates for Supreme Court share long history": Sunday in The Chicago Tribune, Jan Crawford Greenburg will have an article that begins, "When Mike Luttig stood up as a groomsman in John Roberts' wedding here nine years ago, more than a few people could have predicted they again would someday be sharing the spotlight."
Posted at 06:40 PM by Howard Bashman



"Officials say activist killed at courthouse was acting alone": The Seattle Times contains this article today.
Posted at 04:38 PM by Howard Bashman



"EPA Emissions Rule Is Upheld; Judges Back Agency's View on Coal-Fired Plant Upgrades": This article appears today in The Washington Post.

The Los Angeles Times reports today that "Court Upholds EPA Change of Air Pollution Policy; An appeals panel OKs a Bush rule letting power plants avoid installing new pollution controls."

The Pittsburgh Post-Gazette reports that "Court backs president on relaxed air standards; Environmental groups call ruling a 'mixed bag.'"

The Rocky Mountain News reports that "Air ruling mixed; Greens, industry both say they won after court decision."

And The Portland Press Herald reports that "States lose key air rule decision."
Posted at 04:28 PM by Howard Bashman




"A Judicial Reorganization": Ninth Circuit Judges Diarmuid F. O'Scannlain and Richard C. Tallman have this circuit-split related letter to the editor today in The New York Times.
Posted at 04:15 PM by Howard Bashman



"Worship, Dark and Steamy, for Murderers and Rapists": This article appears today in The New York Times.
Posted at 02:58 PM by Howard Bashman



"High Court to End Term With Big Decisions": Gina Holland of The Associated Press provides this report.
Posted at 02:55 PM by Howard Bashman



"Sculpted Bodies And a Strip Act At Justice Dept." The Washington Post today contains an article that begins, "After more than three years, the most talked-about coverup at the Justice Department has come to an end."
Posted at 12:40 PM by Howard Bashman



"Fell guilty of all counts in slaying": The Rutland Herald today contains an article that begins, "A federal jury on Friday found Donald R. Fell guilty of all charges in connection with the abduction and slaying of a North Clarendon woman. Jurors will now decide if he should pay for the crimes with his life."
Posted at 12:35 PM by Howard Bashman



"And You Thought the Rigases Got Long Prison Terms": Bloomberg News columnist Ann Woolner has an op-ed that begins, "U.S. District Judge Paul Cassell isn't the sort of judge you would call a weak-kneed, bleeding-heart, soft-on-crime liberal."
Posted at 10:14 AM by Howard Bashman



"Never Mind the Kelo, Here's Scott Bullock; The attorney who argued the landmark eminent domain case surveys the blight in the wake of the Supreme Court's decision": You can access this interview online at Reason.
Posted at 10:11 AM by Howard Bashman



"The Supreme Court showdown pre-show": This segment (RealPlayer required) appeared on yesterday's broadcast of the public radio program "Marketplace."
Posted at 08:22 AM by Howard Bashman



"Senator Takes On Cancer Like Another Adversary; Arlen Specter has been in the middle of many battles; With Hodgkin's he's no moderate": The Los Angeles Times contains this lengthy article today.
Posted at 08:20 AM by Howard Bashman



"Fight Against Fort Trumbull Ruling Not Over Yet, Says Kelo; City moves ahead with development": This article appears today in The Day of New London, Connecticut.

The New York Times reports today that "Rell Seeks Legislative Review of Ruling on Eminent Domain."

The St. Petersburg Times reports that "Property ruling appalls officials; While state leaders scramble to make plans to limit the power to seize lands, others say it won't have that much effect in Florida."

The Cincinnati Enquirer reports that "Eminent domain called last resort; But critics feel more vulnerable after U.S. Supreme Court ruling."

The State of Columbia, South Carolina reports that "S.C. law limits land grabs; Property owners have greater protection from eminent domain."

The Dallas Morning News reports that "Stadium eminent domain imminent for homeowners; They say offers are too low; city says plan won't change."

The Houston Chronicle contains an article headlined "Galveston: No plans to seize property; Mayor says city isn't likely to use eminent domain to get private land, despite new ruling" and an editorial entitled "Stealing home: Letting government take property for development risks abuse."

The Arizona Republic reports that "Phoenix set to seize 5 acres for downtown ASU campus."

The Palm Beach Post reports that "Speaker creates committee to develop eminent domain guidelines for state."

And The Record of Troy, New York reports that "Ruling shakes the foundation of what it means to own land."

In commentary, The Boston Globe contains an editorial entitled "Property grab."

The Boston Herald contains an editorial entitled "Court: Your home not your castle."

The Republican of Springfield, Massachusetts contains an editorial entitled "Defining 'public use' until it is meaningless."

The Orlando Sentinel contains an editorial entitled "Don't abuse power: Governments shouldn't use new condemnation authority for the wrong reasons."

The Salt Lake Tribune contains an editorial entitled "Private Property: U.S. Supreme Court rightly left decisions to states."

The Huntsville Times contains an editorial entitled "The court errs badly."

Monday's issue of Investor's Business Daily will contain an editorial entitled "Error In Judgment."

The Bowling Green Daily News contains an editorial entitled "Court puts our property in jeopardy."

And in The Virginian-Pilot, columnist Kerry Dougherty has an op-ed entitled "Homeowners were 'mugged' by decision to allow cities to seize private property."
Posted at 07:54 AM by Howard Bashman




"Kennedy: Independence in law under attack; 'We want a debate,' he says in Orlando after supporting a decision that could expand eminent domain." The Orlando Sentinel today contains an article that begins, "Fresh from a controversial 5-4 decision on property rights, U.S. Supreme Court Justice Anthony Kennedy on Friday told a gathering of Florida Bar lawyers in Orange County that they must defend their rights and support judicial independence."
Posted at 07:44 AM by Howard Bashman


Friday, June 24, 2005


"Specter Aims to Beat Cancer to Guide Judiciary Hearings": This lengthy article will appear Saturday in The Los Angeles Times.
Posted at 11:15 PM by Howard Bashman



"U.S. Court Backs Bush's Changes on Clean Air Act": Saturday's edition of The New York Times will contain this article.
Posted at 11:12 PM by Howard Bashman



Available online from law.com: An article reports that "Clarence Thomas to Speak at Ga. Justice's Swearing-in Ceremony."

And Alan J. Haus has an essay entitled "Forget 'Grokster' -- Copyright Infringement Remains an 'At Your Own Risk' Activity."
Posted at 11:10 PM by Howard Bashman




"Ashcroft Gone, Justice Statues Disrobe": The Associated Press provides this report. We bloggers did our best to ensure that attention never slipped away from this urgent matter.
Posted at 10:50 PM by Howard Bashman



Dahlia Lithwick is "Worrying About McAmerica": You can read her latest here at Slate.
Posted at 09:10 PM by Howard Bashman



"Lawmakers consider providing protections against eminent domain": The Associated Press provides this report from Connecticut.

The Wall Street Journal Online offers "A Closer Look at Eminent Domain; What the High Court's Decision May Mean for Homeowners" (pass-through link).

The Lincoln (Neb.) Journal Star reports that "Ruling sanctions property seizures."

Religion News Service reports that "Experts Warn Houses of Worship at Risk After Court Ruling."

The Daily Leader of Brookhaven, Mississippi reports that "Eminent domain ruling surprises area mayors."

CNN/Money provides a report headlined "Eminent domain: A big-box bonanza? Court's ruling OKed land grab for business like Target, Home Depot, CostCo, Bed Bath & Beyond."

Saturday's edition of The Milwaukee Journal Sentinel will contain an editorial entitled "A troubling court ruling."

And Pfizer Inc today issued a press release entitled "Key Facts Regarding U.S. Supreme Court Hearing."
Posted at 08:50 PM by Howard Bashman




"Marshals Service Director Resigns": The Associated Press provides a report that begins, "Under criticism over inadequate security for federal judges, the director of the U.S. Marshals Service announced his resignation Friday."

The letter of resignation and the Attorney General's response can be accessed here.
Posted at 06:10 PM by Howard Bashman




"To Confirm Their Judge, Republicans Abandoned Their Ideas": Jonathan Rauch has this essay online today at National Journal.
Posted at 06:04 PM by Howard Bashman



"Supreme Court upholds appeal in Exxon dealer case": The South Florida Business Journal provides this report.
Posted at 06:00 PM by Howard Bashman



"Justice Kennedy: Lawyers must defend judiciary from attacks." The Associated Press provides this report.
Posted at 05:58 PM by Howard Bashman



"An Important Sentencing Ruling from the California Supreme Court: Despite the U.S. Supreme Court's Recent Sentencing Upheaval, California's System is Held to Be Valid." FindLaw commentator Vikram David Amar has this essay today.
Posted at 05:54 PM by Howard Bashman



"Justice Janice Rogers Brown": Today at CNSNews.com, Larry Pratt has an essay that begins, "Oh, how the liberals love to hate this jurist."
Posted at 05:38 PM by Howard Bashman



"It's Time for a Tribute: Women voters are losing faith in the GOP; Could Bush win them back with an unexpected pick to lead the Supreme Court?" Eleanor Clift has this essay online this afternoon at Newsweek's web site.
Posted at 05:33 PM by Howard Bashman



Does a bartender terminated for refusing to wear makeup possess a valid claim for sex discrimination in violation of Title VII? On Wednesday, an eleven-judge en banc panel of the U.S. Court of Appeals for the Ninth Circuit heard oral argument in Jesperson v. Harrah's Operating Company. You can download the en banc oral argument audio (Windows Media format) by right-clicking on this link and saving the audio file to your computer.
Posted at 05:00 PM by Howard Bashman



"That the meaning of the United States Constitution depends on its interpretation by judges is so obvious that professions of shock at the idea are hard to take seriously." So writes Anthony Lewis in his review, published in the July 14, 2005 issue of The New York Review of Books, of Floyd Abrams's book "Speaking Freely: Trials of the First Amendment."
Posted at 04:45 PM by Howard Bashman



"Brownback committee reviews Roe v. Wade": The Wichita Eagle today contains this article reporting on a hearing (link to prepared statements of witnesses) that occurred yesterday before the Senate Judiciary Committee's Subcommittee on the Constitution, Civil Rights and Property Rights.
Posted at 04:42 PM by Howard Bashman



"Giving Chutzpah New Meaning": Jon Wiener has this essay in the July 11, 2005 issue of The Nation.
Posted at 04:40 PM by Howard Bashman



The Associated Press is reporting: Now available online are articles headlined "Jurors Mull Rare Vt. Death Penalty Case"; "Iowa Law Creates Buffer Zone for Molesters"; and "Lawyer in Assassination Plot in Catch 22."
Posted at 03:40 PM by Howard Bashman



U.S. District Judge refuses to take judicial notice of Jessica Simpson's hotness: "Class Maledictorian" and "Life, Law, Libido" both ask whether the U.S. District Court for the Central District of California has entered an injunction blocking the release of the new "Dukes of Hazzard" movie.

See for yourself: I have posted the district court's order here and opinion here. The question of Jessica Simpson's hotness (referenced on page 24 of the district court's opinion), to the extent that it remains relevant, now appears to be pending on appeal before the U.S. Court of Appeals for the Ninth Circuit.

Update: An update to the original post at L-Cubed now notes that the litigation has settled (details here, 11th item), making the question of Jessica Simpson's hotness moot from an Article III perspective.
Posted at 03:10 PM by Howard Bashman




"The right court: George W. Bush's quest for conservative justice." At Macleans.ca, Luiza Ch. Savage has this essay.
Posted at 02:45 PM by Howard Bashman



"On the Eve of an Expected Supreme Court Vacancy": Ralph G. Neas, President of People For the American Way, has issued this press release today.
Posted at 02:33 PM by Howard Bashman



"Homeowners Lose Eminent Domain Case; Institute for Justice Warns: Supreme Court Leaves Homeowners Vulnerable To Tax-Hungry Bureaucrats & Land-Hungry Developers." The Institute for Justice, which has been involved in the New London eminent domain case from the beginning, issued this press release yesterday and is promoting its Castle Coalition web site in response to yesterday's ruling.
Posted at 02:28 PM by Howard Bashman



"Supreme Court Retirements Unpredictable": Gina Holland of The Associated Press provides this report.

And Reuters reports that "Interest groups gear up for Supreme Court fight."
Posted at 02:20 PM by Howard Bashman




"White House starts search for new justice": This article appears today in The Washington Times.
Posted at 01:15 PM by Howard Bashman



"Appeals Court Sides With EPA on Plants": The Associated Press provides this report.
Posted at 01:12 PM by Howard Bashman



"High court upholds eminent domain; Private homes, businesses can be seized as part of economic revitalization; Cities are handed broad powers": Gail Gibson has this article today in The Baltimore Sun, which also contains a related article headlined "Acquisitions fueled a rebirth."

The Chicago Tribune reports today that "Ruling on property rights makes owners vulnerable."

The San Diego Union-Tribune reports that "Developers score in court; 'Public use' can be financial as eminent domain evolves."

The Toronto Globe and Mail reports that "U.S. property laws starting to resemble Canada's, experts say."

The Des Moines Register reports that "D.M. projects unfazed by U.S. justices' ruling; The Supreme Court backs a law, like Iowa's, that lets officials take land for redevelopment," while a related editorial is entitled "Court rightly preserves key redevelopment tool; It's OK to take private property for economic renewal."

The Honolulu Star-Bulletin reports that "Hawaii leads way to ruling on property seizure; A Supreme Court decision on the taking of property will not affect the state."

The Arizona Republic contains articles headlined "Private property ruling stirs concerns; Justices widen cities' power to seize land" and "Court boosts city's leverage; Downtown sites could be condemned."

The Arizona Daily Star reports that "Arizona opposition likely to high-court land ruling."

The Cincinnati Enquirer contains an article headlined "Court: Cities may seize homes; 'Eminent domain' includes economic development" and an editorial entitled "Court cripples property rights."

The Cleveland Plain Dealer reports that "Ruling's impact could be felt soon in local suburbs."

The Dayton Daily News reports that "Riverside says court ruling backs its plan; Reclaimed properties to prepare for new development."

The New York Daily News contains articles headlined "Home's up for grabs; Ruling ramps up anxiety in city" and "Unfair & un-American, biz cries."

The Sacramento Bee reports that "Redevelopment staff pleased in Sacramento."

The Indianapolis Star reports that "Ruling's effect on Indiana evaluated; City attorney sees little impact since state's law is different from Connecticut's."

The Journal Gazette of Fort Wayne reports that "Local fallout likely limited, officials say."

The Philadelphia Inquirer reports that "Eminent-domain ruling dismays N.J., Pa. owners in bulldozers' path."

The Harrisburg Patriot-News contains articles headlined "Ruling expands power to take homes; Ruling lets your town take your home" and "State laws can offer protection, opinion says."

The Denver Post reports that "Court spurs mixed reaction; Experts say Colo. law restricts use of eminent domain, but critics still worry."

The Rocky Mountain News contains an article headlined "Area leaders divided over impact of ruling" and an editorial entitled "Dark days ahead for property owners; Supreme Court broadens eminent domain."

The Durango Herald reports that "Durango flinches at eminent domain ruling."

The Seattle Post-Intelligencer reports that "Washington Constitution limits 'eminent domain' takings."

The Deseret Morning News reports that "Justices' ruling favors cities in use of eminent domain; Utah Legislature limits will likely mitigate ruling."

The Newark (N.J.) Star-Ledger contains articles headlined "Court rules cities can seize homes; Towns receive expanded powers to foster economic development" and "In 55 N.J. towns, planners watch as the light turns green."

The Gloucester County Times reports that "Redevelopment foes remain firm despite eminent domain ruling."

The Milwaukee Journal Sentinel contains an article headlined "A looser rein on eminent domain; High court affirms use in developments; local projects may benefit."

The Minneapolis Star Tribune reports that "Opinion split over ruling's effect in Minnesota."

The Knoxville News-Sentinel reports that "Officials say decision will have little impact here."

The Natchez Democrat reports that "Court ruling may affect local communities."

The Clarion-Ledger reports that "High court OKs Conn. land seizure; Ruling says federal government has no jurisdiction in state eminent domain cases."

The Miami Herald reports that "Ruling on land is vital locally; Hollywood leaders took notice on Thursday when the U.S. Supreme Court upheld state and local governments' power to take private land for economic development."

The South Florida Sun Sentinel reports that "Family vows to fight to keep building that Hollywood wants for redevelopment."

The Bradenton Herald reports that "Eminent domain ruling not yet a factor in local projects."

The Orange County Register reports that "Land seizure upheld; High court eminent-domain ruling favors cities' rights, but California has tough laws."

The Press-Enterprise of Riverside, California reports that "Justices dilute land rights; The court says private property can be seized and converted to more profitable private use."

The Ventura County Star reports that "California law likely to blunt effects of decision."

The San Mateo County Times reports that "Ruling comes too late for Redwood City."

The Boston Herald reports that "High court bolsters municipal land grabs."

The Huntsville Times reports that "Local governments know issue 'sensitive.'"

The Arkansas Democrat-Gazette reports that "Eminent-domain ruling likely backs state law, attorneys say."

The Northwest Arkansas Times reports that "City attorney says Supreme Court's ruling on eminent domain likely won't affect Fayetteville development."

The Journal News of Westchester, New York reports that "High court ruling stirs IKEA battle memories."

The Lexington Herald-Leader reports that "Supreme Court ruling might revive Richmond bid."

And The Pantagraph of Bloomington, Illinois reports that "Eminent domain ruling won't affect Normal."

In commentary, The Detroit Free Press contains an editorial entitled "Condemnation: Michigan standard a model for other states."

The Providence Journal contains an editorial entitled "The little people get hit."

And The Bangor Daily News contains an editorial entitled "Takings Advantage."
Posted at 12:00 PM by Howard Bashman




"Disputed tactic stalled court attack response": The Atlanta Journal-Constitution today contains an article that begins, "Two months before the courthouse shootings, Fulton County sheriff's officials changed the way they responded to emergencies at the downtown complex, a change that may have cost valuable time in responding to the crisis -- and perhaps lives."
Posted at 11:48 AM by Howard Bashman



"Coast Panel's Legitimacy Is Upheld": Maura Dolan has this article today in The Los Angeles Times.

The San Diego Union-Tribune reports today that "State high court rules for Coastal Commission."

And The Oakland Tribune reports today that "State Supreme Court affirms Coastal Commission's power; Legal challenges halted; board free to continue to make land-use decisions."
Posted at 11:44 AM by Howard Bashman




"Court: Michigan must provide lawyers for poor who plead guilty, appeal." Michael McGough has this article today in The Toledo Blade.
Posted at 11:40 AM by Howard Bashman



Not a great case for the Nation's most homophonic-phobic judge: At "PrawfsBlawg," Kaimi Wenger considers the precedents that would be in play if a town decided, based on thermal imaging, which homes to condemn for economic redevelopment purposes.
Posted at 11:20 AM by Howard Bashman



"Supreme Speculation": Howard Kurtz has this essay online at washingtonpost.com.
Posted at 11:10 AM by Howard Bashman



"Court shifting more to the right; 2 new judges will change the tenor": The Associated Press provides this Sixth Circuit-related report.
Posted at 11:05 AM by Howard Bashman



"Four years later, her T-shirt is legal; The state Supreme Court throws out a law against wearing police insignias, overturning a Pinellas woman's conviction": This article appears today in The St. Petersburg Times.

And The Tampa Tribune reports today that "Wearing Police Clothing Is Legal."

You can access yesterday's ruling of the Supreme Court of Florida at this link.
Posted at 11:00 AM by Howard Bashman




Not dead or retired yet: The Washington Post yesterday afternoon published online the following correction:
A headline and article summary that appeared to indicate that Supreme Court Chief Justice William H. Rehnquist had either retired or died was inadvertently published on washingtonpost.com and through a washingtonpost.com RSS feed on June 23. The headline and summary have been retracted and no longer appear on the site.
More details here, and click here for the screen shot. (Via "Life, Law, Libido.")

Update: The headlines remain available here (at least as of this moment; scroll down to the bottom of the page) via Bloglines, but the links themselves fail to bring up the articles.
Posted at 10:55 AM by Howard Bashman




"US judiciary under the gun": The Australian today contains an article that begins, "For all the recent criticism that Australian politicians don't lend enough support to judges at times of controversy or crisis, members of the local judiciary are faring reasonably well compared with their US counterparts."
Posted at 10:50 AM by Howard Bashman



D.C. Circuit decides major challenge to 2002 regulations under the Clean Air Act: You can access today's ruling at this link.
Posted at 10:30 AM by Howard Bashman



Angelos Tenth Circuit amicus brief: Via the "Sentencing Law and Policy" blog, you can access a copy of the amicus brief -- "signed by 163 former U.S. attorneys general and retired federal judges and prosecutors *** in support of the appeal to the 10th Circuit by Weldon Angelos, the first-time offender sentenced to 55 years' imprisonment for marijuana sales under federal mandatory sentencing statutes" -- here.
Posted at 09:30 AM by Howard Bashman



"The Supreme Court Shortlist: The views of the likely candidates to succeed Rehnquist." Emily Bazelon and David Newman have this "assessment" online today at Slate.
Posted at 09:18 AM by Howard Bashman



On today's broadcast of NPR's "Morning Edition": The broadcast included segments entitled "Eminent Domain and Property Rights" (featuring Nina Totenberg) and "Rehnquist's Health Leads to Speculation on Successors." RealPlayer is required to launch these audio clips.
Posted at 09:14 AM by Howard Bashman



"President's Prerogative: Bush should ignore the Democrats' request." At National Review Online, Edward Whelan has an essay that begins, "The letter from Senate Democrats urging President Bush to 'consult meaningfully with Senators on both sides of the aisle [on judicial nominations] well in advance, especially in the event of a Supreme Court vacancy' is a clever political ploy."
Posted at 09:12 AM by Howard Bashman



In news and commentary from Texas: The Austin American-Statesman reports today that "'Adios, mofo' is all the rage; Perry catch phrase catches on." And columnist John Kelso has an op-ed entitled "This line will haunt Perry, fo' shizzle."

In other coverage, DallasNews.com reports that "Gov's gaffe golden for merchandisers."
Posted at 09:10 AM by Howard Bashman




The Sacramento Bee is reporting: Today's newspaper contains articles headlined "Supreme Court: Irate farmers can't sue U.S." and "Supreme Court refuses appeal in 1993 slaying."
Posted at 09:05 AM by Howard Bashman



"Court OKs lawyers for indigent defendants; Ruling overturns state appeals law": The Detroit Free Press contains this article today.
Posted at 07:28 AM by Howard Bashman



"Senate Panel Girds for Abortion Fight; Amid the possibility of a Supreme Court vacancy, witnesses, including 'Roe,' are summoned": This article appears today in The Los Angeles Times.
Posted at 07:24 AM by Howard Bashman



"Tax court reversal 'incredible'; Judge alters secret finding in fraud trial": The Chicago Tribune today contains an article that begins, "During the 1970s and 1980s, Chicagoan Burton Kanter earned a reputation as one of the nation's top estate tax lawyers, representing an eclectic group of clients, including Hugh Hefner, Bobby Hull and Sam Zell, as well as rock groups Santana and Creedence Clearwater Revival."
Posted at 06:54 AM by Howard Bashman



"Justices Back Forced Sale of Property; Cities have the authority to clear land for redevelopment even where blight is not an issue, the Supreme Court rules in a 5-4 vote": David G. Savage has this article today in The Los Angeles Times.

Today in The Chicago Tribune, Jan Crawford Greenburg reports that "Eminent domain expanded; Court rules cities can seize homes for economic development."

In USA Today, Joan Biskupic reports that "Seizing land for private use OK'd; Court backs city vs. homeowners," while a related article is headlined "Property seizures must be in public's good, court warns."

In The Pittsburgh Post-Gazette, Michael McGough reports that "Supreme Court upholds eminent domain; Property rights movement suffers narrow defeat," while a related article is headlined "Eminent domain still divisive issue; Ferlo wants to limit what governments can take."

The Boston Globe reports that "High court backs seizure of land for development."

The Washington Times reports that "Supreme Court backs eminent domain" and "Plans to build baseball stadium in Southeast receive a boost." A related editorial is entitled "A win for big government."

The Washington Post reports that "Court Ruling on Land Pleases D.C. Officials; SE Properties Sought for Stadium and Mall." The newspaper also contains an editorial entitled "Eminent Latitude."

In The New York Sun, Josh Gerstein reports that "Ruling Allows Governments to Wrest Property from Citizens." The newspaper also contains an editorial entitled "Eminent Danger."

Newsday reports that "Land's not your land; Supreme Court rules governments can seize homes from their owners for development."

The Day of New London, Connecticut contains articles headlined:

The Day also contains a related editorial entitled "Opening The Door Wider: U.S. Supremem Court fails to circumscribe the use of eminent domain for economic development, suggesting that maybe Hew London wasn't the right case."

In The Hartford Courant, Lynne Tuohy has an article headlined "5-4, For The Takings; High Court: City Can Seize Homes To Boost Economy," while a related article reports that "'We're Not Leaving, Not By A Long Shot,' Residents Insist."

The New Haven Register reports that "Cities can seize homes; Supreme Court rules in New London case."

The Record-Journal of Meriden, Connecticut reports that "Decision could help city in redevelopment project."

The St. Petersburg Times reports that "Official power to seize land expanded; The Supreme Court narrowly agrees that local governments may take property to foster private development." The newspaper also contains an editorial entitled "Eminent mistake: The U.S. Supreme Court's ruling in Kelo vs. City of New London deals a blow to private property rights and leaves working-class homeowners unprotected" and an op-ed by columnist Robert Trigaux entitled "Your home could be up for grabs: A newly empowered blessing from the Supreme Court to seize private property in the interest of economic development may come in quite handy in the competitive business recruitment wars."

The Toronto Globe and Mail reports that "Top court in U.S. rules you can't fight city hall."

The Chicago Sun-Times reports that "Court shows homeowners door."

The St. Louis Post-Dispatch reports that "High court rebuffs homeowners."

The Detroit News reports that "Ruling allows land to be seized; Officials see the return of eminent domain as a potential boost to economic development, but Michigan laws are strict."

The Detroit Free Press reports that "Michigan law aids owner in land use; High court backs state constitution." And columnist Brian Dickerson has an op-ed entitled "How Poletown still haunts us."

The Oakland (Mich.) Press reports that "Michigan property rights still safe."

The Kansas City Star reports that "Land can be taken for private projects, court says; Ruling largely validates Merriam, Kansas City, Kan., actions."

The Fort Worth Star-Telegram reports that "Court expands eminent domain."

The Houston Chronicle reports that "Home seizure ruling doesn't play in Texas; After decision, an amendment is quickly proposed to limit powers of eminent domain."

The Sacramento Bee reports that "Eminent domain powers widened."

The Naples Daily News contains articles headlined "Supreme Court ruling could have impact in Collier" and "Lee official: Florida law would protect landowners."

The Asbury Park Press reports that "Government right to seize homes upheld; Supreme Court ruling a blow to foes of Long Branch projects."

The Daily Texan reports that "Court extends eminent domain to local level; Local leaders can close homes, business for development."

The New York Times contains an editorial entitled "The Limits of Property Rights."

The Wall Street Journal contains an editorial entitled "Kennedy's Vast Domain: The Supreme Court's reverse Robin Hoods."

The Cincinnati Enquirer contains an editorial entitled "Court cripples property rights."

And at Tech Central Station, Stephen Bainbridge has an essay entitled "They Can't Take That Away From Me... Unless They Can."
Posted at 06:50 AM by Howard Bashman




"Court Buttresses Eminent Domain; Local Governments Cleared To Take Private Property If Projects Promise Growth": Jess Bravin has this article (pass-through link) today in The Wall Street Journal.
Posted at 12:25 AM by Howard Bashman


Thursday, June 23, 2005


"Justices Affirm Property Seizures; 5-4 Ruling Backs Forced Sales for Private Development": Charles Lane will have this article Friday in The Washington Post.

In Friday's edition of The Los Angeles Times, David G. Savage will report that "Court Gives Cities More Power to Seize Homes."

And Friday's edition of The Dallas Morning News will contain an article headlined "In light of stadium, ruling pleases Arlington; But some attorneys say state courts often side with property owners."
Posted at 11:15 PM by Howard Bashman




Available online from law.com: An article reports that "11th Circuit's Pryor Calls Abortion 'Evil' but Says He'll Follow Laws; Newly confirmed federal judge says he holds no bitterness from Senate fight."

And in other news, "ExxonMobil Faces $1 Billion in Damages in Wake of Supreme Court Ruling."
Posted at 10:44 PM by Howard Bashman




"Justices Uphold Taking Property for Development": Linda Greenhouse will have this article Friday in The New York Times, which will also contain a related article headlined "For Homeowners, Frustration and Anger at Court Ruling."

The Sacramento Bee reports that "High court approves seizure of property for private use."

And Friday in The Washington Post, columnist George F. Will will have an op-ed entitled "Damaging 'Deference'" that begins, "The country is bracing for a bruising battle over filling a Supreme Court vacancy, a battle in which conservatives will praise 'judicial restraint' and 'deference' to popularly elected branches of government and liberals will praise judicial activism in defense of individual rights. But consider what the court did yesterday."
Posted at 10:25 PM by Howard Bashman




"Wingate must give decision on records": The Biloxi Sun Herald today contains an article that begins, "A federal appeals court has given U.S. District Court Judge Henry T. Wingate until Friday to decide The Sun Herald's request that records be unsealed in a judicial bribery case Wingate is trying in Jackson." You can access yesterday's unpublished opinion of the U.S. Court of Appeals for the Fifth Circuit at this link.

In other coverage of that trial, The Sun Herald today also contains an article headlined "Attorney didn't suspect Minor, judge; He had been assured judge was fair-minded."

And The Clarion-Ledger of Jackson, Mississippi today contains an article headlined "Judge's ruling bribery trial focus."
Posted at 10:15 PM by Howard Bashman




"A Supreme Court Conversation: A bad day for property owners at the court." Slate's Term-ending discussion around "the breakfast table" begins with this entry this evening from Charles Fried.
Posted at 10:02 PM by Howard Bashman



Justice Anthony M. Kennedy goes for a ride on the small bus: Those who prefer to spell "de minimis" as "de minimus" now can cite Justice Kennedy's concurring opinion in Kelo v. City of New London as authority. More on "mis" versus "mus" here and here. (Thanks to "Althouse" and reader email for the pointers.)
Posted at 09:00 PM by Howard Bashman



"Court ruling benefits stadium plan": The Dallas Morning News provides an update that begins, "A Supreme Court decision Thursday cleared the path to construction of a $650 million stadium for the Dallas Cowboys in Arlington. A divided Supreme Court ruled that local governments may seize people's homes and businesses against their will for private development in a decision anxiously awaited in communities where economic growth conflicts with individual property rights."

And The Fort Worth Star-Telegram provides a news update headlined "Supreme Court rules cities may seize homes." The article reports, "Locally, the ruling effectively endorses Arlington's acquisition of up to 200 homes and businesses to develop the new $650 million Dallas Cowboy Stadium. Government officials in the high-growth Dallas-Fort Worth area will presumably rely heavily on the ruling in acquiring property for future projects."

Coincidentally, the U.S. Supreme Court's most prominent Dallas Cowboys fan dissented from the ruling.
Posted at 08:45 PM by Howard Bashman




Indecent exposure can still qualify as a crime even if it occurs between two people located inside a private home: The Michigan Court of Appeals issued this ruling earlier this month (via "ADF Alliance Alert").
Posted at 08:30 PM by Howard Bashman



"Court Allows Cities to Seize Private Homes": This segment (transcript with link to audio) featuring Jan Crawford Greenburg appeared on this evening's broadcast of PBS's "The NewsHour with Jim Lehrer."
Posted at 08:25 PM by Howard Bashman



"Justices, 5-4, Back Seizure of Property for Development": Linda Greenhouse of The New York Times provides this news update.

And Stephen Henderson of Knight Ridder Newspapers reports that "Governments can seize private land, high court rules."
Posted at 07:45 PM by Howard Bashman




"High Court Deals Blow to Property Rights": Tony Mauro has this news update online at law.com.
Posted at 06:04 PM by Howard Bashman



"Supreme Court on Eminent Domain": Today's broadcast of NPR's "Talk of the Nation" included this segment featuring David G. Savage of The Los Angeles Times.

And today's broadcast of the public radio program "Here & Now" included a segment entitled "High Court Okays Property Seizure for Development" featuring Lyle Denniston.

RealPlayer is required to launch these audio segments.
Posted at 06:02 PM by Howard Bashman




"Peeved Homeowner? Take Action!" Andrew Cohen, legal analyst for CBS News, has an essay that begins, "No one is looking for the middle ground in the Supreme Court's controversial ruling that allows the government to seize private property for commercial use."
Posted at 05:55 PM by Howard Bashman



"Government Power to Take Property Backed by Top Court": Bloomberg News provides this report.

And at Forbes.com, Dan Ackman has a related essay entitled "Power To The Public."
Posted at 05:12 PM by Howard Bashman




"Development Trumps Property, Says High Court": Nina Totenberg had this report (RealPlayer required) on this evening's broadcast of NPR's "All Things Considered."
Posted at 05:08 PM by Howard Bashman



"CA2: Muntaqim Recap." The blog "Appellate Law & Practice" offers this post containing reader reports on yesterday's Second Circuit en banc argument in a case about voting rights for felons.
Posted at 04:58 PM by Howard Bashman



"Justices Allow Smaller Claims in Courts": The Associated Press provides this report.
Posted at 03:35 PM by Howard Bashman



"Court widens scope of property seizure; It rules 5 to 4 that local governments can take homes and other property for private development": Warren Richey will have this article Friday in The Christian Science Monitor.
Posted at 03:32 PM by Howard Bashman



Reuters is reporting: James Vicini has an article headlined "US Court: Property Can Be Taken for Development."

And in other news, "US High Court Upholds Class-Action Claims Vs Exxon."
Posted at 03:30 PM by Howard Bashman




"Courthouses in New Haven evacuated": New Haven, Connecticut's News Channel 8 provides this report.
Posted at 03:28 PM by Howard Bashman



Improper delegation of the trial court's traditional adjudicatory function to Magistrate Judge in CERCLA contribution action, in the absence of the parties' consent, necessitates new equitable allocation proceeding before a U.S. District Judge: A unanimous three-judge panel of the U.S. Court of Appeals for the Third Circuit issued this ruling today.
Posted at 02:55 PM by Howard Bashman



"Slate's Jurisprudence: Private Eminent Domain." This segment (RealPlayer required) featuring Emily Bazelon appeared on today's broadcast of NPR's "Day to Day."
Posted at 02:44 PM by Howard Bashman



"Supreme Court Expands Power of Eminent Domain": David G. Savage of The Los Angeles Times provides this news update.
Posted at 02:14 PM by Howard Bashman



"Supreme Court says smaller claims can join federal class-actions": MarketWatch provides this report.
Posted at 01:50 PM by Howard Bashman



"Calif justices say Coastal Commission legal": David Kravets of The Associated Press provides this report on a ruling that the Supreme Court of California issued today.

And in a separate ruling issued today, the Court further clarifies when "I forgot" constitutes a valid defense to the felony offense of "willfully" failing to register as a sex offender.
Posted at 01:45 PM by Howard Bashman




"High Court: Property Can Be Seized for Private Development." Nina Totenberg had this report (RealPlayer required) on today's broadcast of NPR's "Morning Edition."
Posted at 12:54 PM by Howard Bashman



"Judging the Shortlist: While All Conservative, Bush's Roster of Possible Rehnquist Successors Show Differences." Jeanne Cummings and Jess Bravin have this article (pass-through link) in today's edition of The Wall Street Journal.
Posted at 12:24 PM by Howard Bashman



Breaking News -- law blogger once expressed opinions on matters of public concern: Today's law blogger in-the-news is Jason Nemes, for reasons discussed here and here. Remember, bloggers, the Internet Archive Wayback Machine never forgets.
Posted at 12:15 PM by Howard Bashman



On Monday, June 27, 2005, the Supreme Court of the United States plans to issue all six remaining decisions in cases argued this Term: At "SCOTUSblog," Lyle Denniston provides this report. My list of these remaining six cases and the questions they present can be accessed here.
Posted at 12:00 PM by Howard Bashman



When do ten days equal or exceed fourteen? Under the Federal Rules of Civil Procedure, of course: Circuit Judge Boyce F. Martin, Jr., on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Sixth Circuit, today has issued an opinion that begins:
If a ten-day period and a fourteen-day period start on the same day, which one ends first? Most sane people would suggest the ten-day period. But, under the Federal Rules of Civil Procedure, time is relative. Fourteen days usually lasts fourteen days. Ten days, however, never lasts just ten days; ten days always lasts at least fourteen days. Eight times per year ten days can last fifteen days. And, once per year, ten days can last sixteen days. And this does not even take into account inclement weather. As we sometimes say in Kentucky, there's eight ways to Sunday.
You can access the complete ruling at this link.
Posted at 11:44 AM by Howard Bashman



Links to today's U.S. Supreme Court opinions are now available online: You can access today's opinions via this link. I have updated my post dated 10 a.m. this morning so that it now provides direct links to these decisions.
Posted at 11:17 AM by Howard Bashman



The six argued cases that remain pending for decision this Term before the Supreme Court of the United States: The final six argued cases yet to be decided this Term are listed in order of oral argument, with the case argued longest ago listed first:
  1. Van Orden v. Perry, No. 03-1500, click here to access the question presented in this Ten Commandments case from Texas (argued March 2, 2005);
  2. McCreary County v. ACLU of Kentucky, No. 03-1693, click here to access the questions presented in this Ten Commandments case from Kentucky (argued March 2, 2005);
  3. Castle Rock v. Gonzales, No. 04-278, click here to access the questions presented in this case involving a procedural due process claim against a local government for its failure to protect the holder of a partial restraining order from private violence (argued March 21, 2005);
  4. MGM Studios v. Grokster, No. 04-480, click here to access the question presented in this copyright, file sharing, vicarious liability case (argued March 29, 2005);
  5. Nat'l Cable & Telecomm. Ass'n v. Brand X Internet Servs., No. 04-277, and FCC v. Brand X Internet Servs., No. 04-281 (consolidated cases), click here to access the questions presented in this case involving the FCC's regulation of cable internet services (argued March 29, 2005); and
  6. Bell v. Thompson, No. 04-514, click here to access the question presented in this death penalty case challenging the Sixth Circuit's withdrawal of its opinion affirming the denial of habeas corpus relief six months after the time when issuance of that court's mandate became mandatory (argued April 26, 2005)
The Supreme Court will next issue decisions in argued cases on Monday, June 27, 2005.
Posted at 11:15 AM by Howard Bashman



"Senate Dems Want Consult on Court Pick": Jesse J. Holland of The Associated Press provides a report that begins, "Senate Democrats are urging President Bush to consult with them on a possible Supreme Court nomination to help avoid the kind of controversy that engulfed his lower court picks."
Posted at 11:00 AM by Howard Bashman



Today's opinions of the Supreme Court of the United States in argued cases: The Court today decided six of its remaining twelve argued cases, saving all but one of the Term's blockbuster rulings for next week, when the Court will issue all remaining decisions.

1. Justice John Paul Stevens delivered the opinion of the Court in Kelo v. City of New London, No. 04-108. You can access the syllabus here; Justice Stevens' opinion here; Justice Anthony M. Kennedy's concurring opinion here; Justice Sandra Day O'Connor's dissenting opinion here; Justice Clarence Thomas's dissenting opinion here; and the oral argument transcript here. Hope Yen of The Associated Press reports that "Supreme Court Rules Cities May Seize Homes." And James Vicini of Reuters reports that "Property can be taken for development-Supreme Court."

2. Justice Thomas delivered the opinion for a unanimous Court in Orff v. United States, No. 03-1566. You can access the syllabus here; Justice Thomas's opinion here; and the oral argument transcript here.

3. Justice Kennedy delivered the opinion of the Court in Exxon Corp. v. Allapattah Servs., No. 04-70 (consolidated with Ortega v. Starkist Foods, No. 04-79). You can access the syllabus here; Justice Kennedy's opinion here; Justice Stevens' dissenting opinion here; Justice Ruth Bader Ginsburg's dissenting opinion here; and the oral argument transcript here. The Court by a 5-4 margin has held that the supplemental jurisdiction statute requires only one plaintiff to satisfy the amount-in-controversy jurisdictional threshold. The Court had previously split 4-4, with one Justice recused, on this very issue.

4. Justice Ginsburg delivered the opinion in Mayle v. Felix, No. 04-563. You can access the syllabus here; Justice Ginsburg's opinion here; Justice David H. Souter's dissenting opinion here; and the oral argument transcript here.

5. Justice Ginsburg also delivered the opinion in Halbert v. Michigan, No. 03-10198. You can access the syllabus here; Justice Ginsburg's opinion here; Justice Thomas's dissenting opinion here; and the oral argument transcript here. Gina Holland of The Associated Press reports that "Supreme Court Strikes Down Michigan Law."

6. And Justice Antonin Scalia delivered the opinion in Gonzalez v. Crosby, No. 04-6432. You can access the syllabus here; Justice Scalia's opinion here; Justice Stephen G. Breyer's concurring opinion here; Justice Stevens' dissenting opinion here; and the oral argument transcript here.

At "SCOTUSblog," Lyle Denniston provides this report on today's opinions.

Earlier this week, I provided additional details on these cases in a post you can access here.
Posted at 10:00 AM by Howard Bashman




"Judge cleared in plagiarism case; Accused of cribbing part of a research paper, Gregory Holder calls the JQC decision 'an affirmation of our system of justice'": The St. Petersburg Times today contains an article that begins, "Hillsborough Circuit Judge Gregory Holder said late Wednesday that he had been cleared of plagiarism charges by the state Judicial Qualifications Commission."
Posted at 09:50 AM by Howard Bashman



Today's expected rulings from the Supreme Court of California: Not only will the Supreme Court of the United States be issuing major rulings today, but so will California's highest court. Slated for decision today are a major challenge to the California Coastal Commission (Marine Forests Society v. California Coastal Commission, oral argument audio here in Windows Media format) and a separate case presenting the question whether a defendant's unintentional forgetting of the obligation to register as a sex offender, based upon an allegedly impaired mental condition, constitutes a defense to the felony offense of "willfully" failing to register as a sex offender. Rulings in these cases will be announced at 1 p.m. eastern time today.
Posted at 08:45 AM by Howard Bashman



"Junkets for Judges: Contrary to critics' beliefs, privately sponsored judicial conferences broaden judges' minds." Law Professor Jonathan H. Adler today has this essay at National Review Online.
Posted at 08:40 AM by Howard Bashman



On the agenda: At 10 a.m. eastern time today, the U.S. Supreme Court will announce more rulings in argued cases. My list setting forth the questions presented in the twelve argued cases that remain pending for decision this Term can be accessed here.
Posted at 07:34 AM by Howard Bashman



The San Francisco Chronicle is reporting: In today's newspaper, Bob Egelko has an article headlined "Makeup for bartenders before appeals court."

And in other news, "3 S.F. pot clubs raided in probe of organized crime; Medical marijuana dispensaries used as front for money laundering, authorities say."
Posted at 07:32 AM by Howard Bashman




"Pro-Bush group airs TV, radio ad about high court": USA Today contains this article today.
Posted at 07:30 AM by Howard Bashman



"55-year prison term for drugs challenged; The first offender's sentence in Utah for selling marijuana brought opposition from former prosecutors and judges": This article appears today in The Philadelphia Inquirer.
Posted at 07:28 AM by Howard Bashman



"Curbing the court priority for some": The Topeka Capital-Journal today contains an article that begins, "Still angry at what they consider a breach of judicial power, conservatives in the Legislature spent the first day of the special session pushing proposals to limit the powers of the Kansas Supreme Court."
Posted at 07:24 AM by Howard Bashman



"Perry spares juvenile killers; 28 sentences commuted to life in prison following a Supreme Court ruling in March": This article appears today in The Houston Chronicle.
Posted at 07:18 AM by Howard Bashman



"High Court to Review Privacy Rights; Panel will rule in repressed memory case in which a UC Irvine scholar revealed information about the subject of a study": Today in The Los Angeles Times, Maura Dolan has an article that begins, "Stepping into the debate over repressed memory, the California Supreme Court decided Wednesday to review whether a famed memory scholar can be found liable for defaming and invading the privacy of the subject of a psychological case study."
Posted at 07:15 AM by Howard Bashman



"New high court aide had a blog; Lawyer offered strong opinions on current hot topics": The Lexington Herald-Leader today contains an article that begins, "The young lawyer whom Kentucky Chief Justice Joseph Lambert yesterday named his chief of staff has strong opinions about Democrats, gay marriage and other hot-button topics, and until recently he enjoyed posting them on the Internet. Jason Nemes, 27, a former Republican congressional aide, discontinued his personal blog -- with posts such as 'Democrats are anti-American' and 'Does a fetus feel pain?' -- before taking a job at the state Supreme Court." The newspaper also offers a related item consisting of "Excerpts from the blog."

Google offers this cache of the blog's home page.
Posted at 07:05 AM by Howard Bashman




"Bush to peg Hartford judge for federal bench": The Associated Press reports here that "President Bush intends to nominate a Connecticut civil court judge to the federal bench in what would be the first appointment of a black woman to a federal court in New England, U.S. Sen. Christopher Dodd's office said Wednesday."
Posted at 06:54 AM by Howard Bashman



"Please Don't Go, We Love You So: Liberal nostalgia for Chief Justice William Rehnquist." Slate has just posted online this jurisprudence essay by Emily Bazelon.
Posted at 06:50 AM by Howard Bashman


Wednesday, June 22, 2005


"Civilian dragged into Randolph court martial": The San Antonio Express-News today contains an article that begins, "In years past, Colorado Springs rape counselor Jennifer Bier deftly turned away defense attorneys who sought to subpoena notes from her therapy sessions with clients. Usually, she just wrote a polite letter explaining Colorado's strict laws that protect therapist-client privilege and the lawyer would disappear. Then, one day early this year, the military came calling."

The Associated Press reports today that "Airman's Rape Trial Could Be Delayed."

The Denver Post reports today that "Marshals confront therapist but make no arrest; The rape trial of a former AFA cadet begins today; The Springs therapist for the alleged victim refuses to turn over her records."

The Rocky Mountain News reported yesterday that "Rape counselor's fate in limbo; Therapist waits for arrest before taking next step." Also, columnist Mike Littwin had an op-ed entitled "A developing picture no one really wants to see."

And The Denver Post on Monday contained an article headlined "Therapist opts to skip high court - for now."
Posted at 11:44 PM by Howard Bashman




In news from Mississippi: The Clarion-Ledger of Jackson today contains an article headlined "Teel nudged settlement price to Minor's favor, lawyer testifies; Then-chancery judge gave opinion of what case was worth amid negotiations, attorney says."

And The Biloxi Sun Herald reports today that "Attorney found Minor actions odd."
Posted at 11:30 PM by Howard Bashman




"Arrests Follow Searches in Medical Marijuana Raids": Thursday's edition of The New York Times will contain an article that begins, "Federal agents executed search warrants at three medical marijuana dispensaries on Wednesday as part of a broad investigation into marijuana trafficking in San Francisco, setting off fears among medical marijuana advocates that a federal crackdown on the drug's use by sick people was beginning."
Posted at 10:55 PM by Howard Bashman



"9th Circuit Looks for Answers in Makeup Test": Jeff Chorney has this article online at law.com. When the audio of today's en banc oral argument becomes available at the Ninth Circuit's web site, I will post a link to it.
Posted at 10:15 PM by Howard Bashman



"Judge's statements spark controversy": The News & Record of Greensboro, North Carolina today contains an article that begins, "The decision by local court officials to deny the use of the Quran for oaths has garnered national media attention and the scrutiny of a Washington-based Islamic civil rights group."
Posted at 09:50 PM by Howard Bashman



"High Court set unreasonable standard": This editorial appears today in The Allentown (Pa.) Morning Call.
Posted at 09:50 PM by Howard Bashman



"Court argues if employers can demand women wear makeup": David Kravets of The Associated Press provides this report on a case argued today before an eleven-judge en banc panel of the U.S. Court of Appeals for the Ninth Circuit.
Posted at 09:10 PM by Howard Bashman



"Defendants gain the right to attend all phases of a trial": The Newark Star-Ledger today contains this article reporting on a decision that the Supreme Court of New Jersey issued yesterday.
Posted at 09:05 PM by Howard Bashman



"Appeals Court Tells S.E.C. to Reconsider Directors Rule": This article appears today in The New York Times.

The Washington Post reports today that "SEC Mutual Fund Rule Is Rejected; Court Orders Review on Chairmen Independence."

The Los Angeles Times reports that "SEC Ordered to Reconsider Rule; An appeals court tells the agency to examine the costs of requiring mutual funds to have independent chairmen."

And The Boston Globe reports that "Court orders SEC to review independent-chairman rule; Fate of measure unclear as agency gets new chief."
Posted at 09:00 PM by Howard Bashman




"O'Connor, Not Rehnquist? And Gonzales to replace O'Connor?" William Kristol has this essay online this evening at The Weekly Standard.
Posted at 08:52 PM by Howard Bashman



"The Lives of U.S. Chief Justices": This segment (RealPlayer required) featuring Nina Totenberg appeared on this evening's broadcast of NPR's "All Things Considered."
Posted at 08:45 PM by Howard Bashman



"Reigning Supreme: Who should be the next pick for the nation's High Court." That's the title of the cover story package of Reason magazine's July 2005 issue, which has just become available online.

The issue contains the following items:

These items all appear to be worth a look.
Posted at 08:30 PM by Howard Bashman



"Strategic Planning: How the White House is trying to box in the Dems on Bolton and the Supreme Court; Plus, Rove hits the road in New Jersey." Richard Wolffe and Holly Bailey have this essay online today at the web site of Newsweek magazine.
Posted at 08:20 PM by Howard Bashman



"Why Congress Must Reject Race-Based Government for Native Hawaiians": The U.S. Senate's Republican Policy Committee today issued this paper analyzing S. 147, legislation that would result in the creation of the Native Hawaiian Government Reorganization Act of 2005.
Posted at 08:15 PM by Howard Bashman



"Ex-Attorneys General: Cut Convict's Term." The Associated Press provides a report that begins, "A day after U.S. Attorney General Alberto Gonzales defended mandatory federal sentencing laws, four of his predecessors filed a court brief Wednesday saying a Utah drug dealer received an unconstitutionally long prison term. More than 150 other ex-Justice Department officials also signed the 'friend of the court' brief with the 10th U.S. Circuit Court of Appeals, which seeks to overturn a 55-year sentence given to a man for carrying a pistol during a string of marijuana deals."

The "Sentencing Law and Policy" provides more details about this case here.
Posted at 06:42 PM by Howard Bashman




"Judge Saad Deserves a Vote": Marshall Manson has this essay online today at CNSNews.com (via "Bench Memos").
Posted at 06:25 PM by Howard Bashman



"College dean not liable for trying to review student newspaper": This article appears today in The Chicago Sun-Times.

The Pantagraph of Bloomington, Illinois reports today that "Court ruling hits college newspapers; B-N schools not worried yet."

And The Daily Texan today contains an article headlined "Court ruling may imperil student papers; Illinois decision allows officials to read content before publication" and an editorial entitled "Court threatens student voice."
Posted at 05:30 PM by Howard Bashman




Editorials available online from The Seattle Post-Intelligencer: Yesterday's newspaper contained an editorial entitled "California Appeal: Judicial reform that's not" that begins, "Congress will again consider splitting the 9th U.S. Circuit Court of Appeals because the nation's largest circuit court is simply too big. But that's really not the reason."

And today's newspaper contains an editorial entitled "Courthouse Shooting: Kudos and questions."
Posted at 05:18 PM by Howard Bashman




How long should Duane Reade remain entitled to collect business interruption insurance benefits for loss of its World Trade Center drugstore in the 9/11 attacks? The U.S. Court of Appeals for the Second Circuit issued this decision today. Harvard Law Professor Charles Fried argued the case on behalf of the insurer-appellant.
Posted at 05:10 PM by Howard Bashman



The Story of Trademarking O: The U.S. Court of Appeals for the Second Circuit today issued a ruling in a trademark battle between producers of orange-flavored alcoholic beverages.
Posted at 05:00 PM by Howard Bashman



Incest isn't best: A three-judge panel of the U.S. Court of Appeals for the Seventh Circuit has today issued a decision rejecting a state prisoner's argument that Wisconsin's incest statute is unconstitutional insofar as it seeks to criminalize a sexual relationship between two consenting adults.

Circuit Judge Daniel A. Manion wrote the majority opinion. And Circuit Judge Terence T. Evans added an opinion concurring in the judgment (see page 18 of the PDF file) in which he admits he doesn't like "homosexual sodomy."

Update: The quotation marks immediately preceding this update are meant to communicate that Judge Evans's objection pertains to the term "homosexual sodomy"; he expresses no personal opinion on the act the term describes.
Posted at 04:40 PM by Howard Bashman




The Associated Press is reporting: An article reports that "Scalia Finds Reputation Under Scrutiny."

And in other news, "House Approves Flag-Burning Amendment." Today's official roll call vote tally can be accessed here.
Posted at 03:28 PM by Howard Bashman




"PFA Launches First Comprehensive Campaign in Preparation for Potential Supreme Court Vacancy": Progress For America Inc. has issued this press release today. The organization's TV ad on the subject can be viewed at this link (QuickTime format).
Posted at 03:14 PM by Howard Bashman



"Battle readies over Rehnquist's seat; A partisan PR storm is already building if the chief justice retires - a decision that could come as early as next week": Linda Feldmann and Warren Richey will have this article in Thursday's edition of The Christian Science Monitor.
Posted at 02:24 PM by Howard Bashman



"Court overturns sentences of two ex-HealthSouth execs": The Birmingham News contains this article today.

And Reuters reports that "US Court Overturns Ex-HealthSouth Execs Sentences."

You can access here and here yesterday's unpublished opinions of the U.S. Court of Appeals for the Eleventh Circuit.
Posted at 02:20 PM by Howard Bashman




"Brian Leiter Trying To Out Juan Non-Volokh": Eugene Volokh has this interesting post at "The Volokh Conspiracy," and the post has led to some very interesting comments from readers of that blog. Thus far, none of the comments question whether the title of Eugene's post is ungrammatical (Q.E.D.).
Posted at 01:44 PM by Howard Bashman



"Judge Wonders When Genital Mutilation Might Be OK; Judge Asks Whether Genital Mutilation Is Persecution": Today in The Daily Journal of California, Peter Blumberg has a very interesting article that begins, "The always provocative 9th U.S. Circuit Court of Appeals Judge Alex Kozinski suggested during oral argument Tuesday that the practice of female genital mutilation in some African countries can't be considered persecution if it's 'done for the good of the child.'"

You can download the audio (Windows Media format) from yesterday's en banc rehearing before an eleven-judge panel of the U.S. Court of Appeals for the Ninth Circuit by right-clicking on this link and saving the audio file to your computer.
Posted at 01:32 PM by Howard Bashman




"It's long past time to split . . . 9th Circuit": This voice of the times essay appeared yesterday in The Anchorage Daily News.
Posted at 01:20 PM by Howard Bashman



"Seattle public schools urge race as admissions factor": I first noted this report from David Kravets of The Associated Press here yesterday evening.

The audio from yesterday's en banc oral argument of this case before an eleven-judge panel of the U.S. Court of Appeals for the Ninth Circuit is now available online. You can download the oral argument audio (Windows Media format) by right-clicking on this link and saving the audio file to your computer.
Posted at 11:45 AM by Howard Bashman




"Jury recommends Johnson be sentenced to death": The Sioux City Journal contains this article today. According to this report from The Associated Press, the sentence could make this defendant "the first woman executed by the U.S. government since 1953."
Posted at 11:40 AM by Howard Bashman



"Justices Host Hill Leaders; Meeting a Prelude to Vacancy?" Roll Call today contains an article (subscription required) that begins, "In a highly unusual move, all nine Supreme Court justices broke bread with Congressional leaders last week in a small, private meeting that appears to have had no agenda other than creating better relations between the two branches of federal government."
Posted at 10:22 AM by Howard Bashman



"Hail, No: Changing the Chief Justice." Edward T. Swaine, Associate Professor of Legal Studies at the Wharton School of the University of Pennsylvania, has this interesting article (abstract providing link to download) posted at SSRN (via "The Supreme Court Nomination Blog").
Posted at 10:20 AM by Howard Bashman



"State courts win, for now; U.S. Supreme Court stops forum shopping": The Sacramento Bee today contains an editorial that begins, "San Francisco's San Remo Hotel, a residential hotel whose owners want to convert it completely to a tourist accommodation, is in the news again."
Posted at 10:10 AM by Howard Bashman



"Supreme Court hears case on abortion waiting period": The Indianapolis Star today contains an article that begins, "A 10-year legal battle over a state law requiring women to wait 18 hours before an abortion went to the Indiana Supreme Court on Tuesday."

The Courier-Journal of Louisville, Kentucky reports today that "Suit challenges Indiana abortion law; 24-hour waiting period questioned."

And The Evansville Courier & Press reports that "Abortion guideline challenged."

You can view online yesterday's oral argument before the Supreme Court of Indiana by clicking here (RealPlayer required).
Posted at 07:40 AM by Howard Bashman




"Capano challenges death penalty; Convicted murderer questions power of judge to impose maximum sentence": The News Journal of Wilmington, Delaware today contains an article that begins, "Convicted killer Thomas Capano hopes to avoid execution by persuading the Delaware Supreme Court that the state's death-penalty law is unconstitutional. In a 72-page brief made public Tuesday, Capano's lawyer argues that the Superior Court judge in the 1998 trial could not impose a death sentence because only 11 of 12 jurors agreed an aggravating circumstance was involved in the 1996 killing of Anne Marie Fahey."
Posted at 07:35 AM by Howard Bashman



"The Case of the Half-Million Dollar Typo: The Supreme Court Traps Property Owners in a Catch-22." FindLaw commentator Michael C. Dorf has this essay today.
Posted at 07:33 AM by Howard Bashman



"To Dershowitz It's Just Clutter. To Brooklyn College, It's Priceless." This article appears today in The New York Times.
Posted at 07:30 AM by Howard Bashman



"Ethics Complaint Against Judge Is Dismissed": The Washington Post today contains an article that begins, "A federal judge has dismissed a complaint against another judge who serves on the board of a libertarian group that opposes some environmental rules and provides free seminars to judges. James B. Loken, chief judge of the U.S. Court of Appeals for the 8th Circuit, ruled May 23 that the complaint against Danny J. Boggs, chief judge of the U.S. Court of Appeals for the 6th Circuit, lacked merit. Loken concluded that membership on the board of the nonprofit Foundation for Research on Economics and the Environment (FREE), based in Montana, did not compromise Boggs's neutrality or create an appearance of partiality."
Posted at 07:25 AM by Howard Bashman



"Gonzales Proposes New System of Sentencing; The attorney general seeks to set minimum punishments, saying uniformity is needed": This article appears today in The Los Angeles Times.

The Houston Chronicle reports today that "Attorney general pushing for harsher sentences; He asks Congress to force judges to follow guidelines instead of using own discretion."

And The Washington Times reports that "Gonzales urges Hill to set new sentencing guidelines."
Posted at 07:20 AM by Howard Bashman




"Battle over felon votes continue; Cop killer's lawsuit, before appeals court, has potential nationwide significance for nearly 4.7 million in jail on felony convictions": Newsday contains this article today.
Posted at 07:14 AM by Howard Bashman



"Adult clubs can be curbed; Court upholds Union Twp. limits": The Cincinnati Enquirer today contains an article that begins, "A six-year battle over the Deja Vu nude dance club in Clermont County ended Tuesday when an appeals court declared that communities have a constitutional right to restrict how adult clubs do business."
Posted at 07:10 AM by Howard Bashman



In news from Seattle: The Seattle Times today contains articles headlined "Seattle courthouse shooting strikes chord for activists" and "Court won't stop spill over four Snake and Columbia river dams."

The Seattle Post-Intelligencer, meanwhile, today contains articles headlined "Fatal standoff spotlights issue of child support; State's tough policy applauded, criticized"; "Tweaks foreseen in courthouse security; Shooting illuminates need for small changes, marshal says"; and "Court upholds water spill for salmon." Also, columnist Susan Paynter has an op-ed entitled "Angry dad fanned the flames for years in e-mails."
Posted at 06:58 AM by Howard Bashman




"White House pares picks for top court; Senior Bush aides interview candidates to succeed Chief Justice William Rehnquist, who is 80 and is ailing": Jan Crawford Greenburg has this must-read article today in The Chicago Tribune.
Posted at 06:40 AM by Howard Bashman


Tuesday, June 21, 2005


"CAIR Asks N.C. Judges to Allow Use of Quran In Oaths; Exclusive Use of Bible Called 'State Endorsement of Religion.'" The Council on American-Islamic Relations issued this press release today.

The News & Record of Greensboro, North Carolina reported on Sunday that "Judges question use of Quran in taking oath."

And The Associated Press reports that "N.C. Judges Face Quran Question."
Posted at 11:33 PM by Howard Bashman




"White House interviews candidates for Rehnquist post, official says": In Wednesday's edition of The Chicago Tribune, Jan Crawford Greenburg will have an article that begins, "Stepping up preparations for the possible retirement of Chief Justice William Rehnquist - perhaps as early as next week - the White House has narrowed its list to a handful of federal appeals court judges and has conducted interviews with leading contenders, a senior administration official said Tuesday."

If it is not obvious already, this article is a must-read for many reasons.
Posted at 11:00 PM by Howard Bashman




In news from Mississippi: The Clarion-Ledger of Jackson today contains an article headlined "Ex-judge says Minor aided him; However, lawyer never sought favors, former official testifies."

And The Sun Herald of Biloxi reports today that "Former judge testifies in bribery trial; Biloxi lawyer had influence with judges, politicans, Randall says."
Posted at 10:55 PM by Howard Bashman




Available online from law.com: An article reports that "Reporters Plead Their Case to Supreme Court; Scribes from The New York Times, Time magazine hope justices take up their cause."

In other news, "D.C. Circuit Sends Mutual Fund Rules Back to SEC."

And an article reports that "Calif. Supreme Court Affirms State Guidelines on Sentencing."
Posted at 10:45 PM by Howard Bashman




The Associated Press is reporting: An article reports that "Group to Launch Supreme Court Ad Campaign."

And in other news, an article headlined "Jury Recommends Death in Iowa Drug Slay" begins, "A federal jury on Tuesday recommended the death penalty for a woman convicted of helping her boyfriend kill five people in 1993 in an attempt to thwart a drug investigation. If sentenced to death, Angela Johnson could become the first woman executed by the U.S. government since 1953, U.S. Attorney C.J. Williams said." The Federal Death Penalty Act, which the U.S. Court of Appeals for the Sixth Circuit construed in this recent ruling, would appear to make the jury's recommendation of death binding on the trial judge.
Posted at 10:33 PM by Howard Bashman




"Gonzales Is Seeking to Stem Light Sentences": This article will appear Wednesday in The New York Times.

The Washington Post on Wednesday will report that "Minimum Sentences Urged; Gonzales Responds to Rulings Against Mandatory Guidelines."

And Shannon McCaffrey of Knight Ridder Newspapers reports that "Gonzales calls for mandatory minimum sentences."

The text of the Attorney General's remarks prepared for delivery today can be accessed here.
Posted at 10:20 PM by Howard Bashman




"What Became of Federalism? The Bush White House has been favoring Washington over the states." Law Professor John Yoo has this op-ed today in The Los Angeles Times.
Posted at 09:12 PM by Howard Bashman



"Will Rehnquist step down or not? Chief justice may be frail, but his retirement is far from certain." CNN.com provides this report.
Posted at 09:00 PM by Howard Bashman



"Seattle public schools urge race as admissions factor": David Kravets of The Associated Press provides this report on a case argued today before an eleven-judge en banc panel of the U.S. Court of Appeals for the Ninth Circuit. The identities of the eleven judges assigned to hear and decide this case en banc are revealed here.

Once the Ninth Circuit makes the audio of this en banc oral argument available online for download, I will post the link.
Posted at 06:44 PM by Howard Bashman




"Zaoui's fate up to politicians, claims lawyer": Wednesday's edition of The New Zealand Herald contains an article that begins, "The fate of Algerian refugee Ahmed Zaoui may end up in the hands of politicians and 'refugees don't buy votes', says his lawyer Deborah Manning. Ms Manning was commenting on the Supreme Court decision released yesterday which supported the Crown's view that the Inspector-General of Intelligence and Security, Paul Neazor, did not have to take into account Mr Zaoui's human rights when he reviewed his alleged security threat."

You can access today's ruling of the Supreme Court of New Zealand both here and here. The court has also issued a helpful press summary of its ruling.
Posted at 06:40 PM by Howard Bashman




"Federal judge upholds private Commandments display in city park": The Associated Press provides this report from Maryland.

CNSNews.com reports that "Maryland Court Rules Ten Commandments Display Constitutional."

And the American Center for Law and Justice has issued a press release entitled "With Supreme Court Poised to Rule on Ten Commandments, ACLJ Gets Federal Court Victory on Commandments Display in MD."

You can access today's ruling of the U.S. District Court for the District of Maryland at this link.
Posted at 06:22 PM by Howard Bashman




"Who is Juan Non-Volokh?" Brian Leiter wants to know.
Posted at 05:50 PM by Howard Bashman



The June 22, 2056 issue of The Onion: Does the future hold potential for humor? Click here to find out.
Posted at 05:30 PM by Howard Bashman



"Either Pay Staff or Pay Rent; Caught in Financial Bind, Federal Courts Ask Congress for Relief": The Administrative Office of U.S. Courts issued this news release today. Related witness testimony delivered to Congress today can be accessed here and here.
Posted at 05:12 PM by Howard Bashman



"Would a Rehnquist Retirement Make A Difference? Yes, in Some Important Areas." Law Professor Rick Hasen provides this post at his "Election Law" blog.
Posted at 02:55 PM by Howard Bashman



Raich and wetlands: Seventh Circuit Judge Richard A. Posner issued this opinion today on behalf of a unanimous three-judge panel in a case involving a commerce clause to the federal government's attempt to regulate activities pursuant to the Clean Water Act.
Posted at 02:30 PM by Howard Bashman



"Court faults US SEC on mutual fund directors rule": Reuters provides this report on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.
Posted at 02:25 PM by Howard Bashman



"Court reverses ruling on GSU student paper; Dean not liable for halting printing so she could review articles": This article appears today in The Daily Southtown of Tinley Park, Illinois.

And The Associated Press reports that "Court Dismisses College Newspaper Suit."
Posted at 02:24 PM by Howard Bashman




"Another toast to St. Pat's ruling; Parade stalwarts recall court victory": The Boston Globe today contains this article reporting on yesterday's celebration of the recent tenth anniversary of a particular U.S. Supreme Court ruling.
Posted at 01:55 PM by Howard Bashman



"Speculation mounts on Rehnquist retirement": The Scripps Howard News Service provides this report.

And online at The Village Voice, James Ridgeway's "Mondo Washington" column today is entitled "Pulling Up Lame: Loser versus loser: handicapping the coming supreme court vacancies."
Posted at 01:50 PM by Howard Bashman




"Ex-KKK Member Convicted in 1964 Killings": The Associated Press provides this report from Philadelphia, Mississippi.
Posted at 12:42 PM by Howard Bashman



"Ninth Circuit Judicial Conference to Focus on Future of Federal Courts": The Ninth Circuit's Public Information Office issued this news release last week. A review of the Ninth Circuit Judicial Conference Speaker and Panelist Biographies suggests that the conference may suffer from a dearth of law blogger-panelists.
Posted at 12:35 PM by Howard Bashman



"Attorney Gen. Urges Sentencing Guidelines": The Associated Press reports here that "Attorney General Alberto Gonzales called Tuesday for requiring federal judges to adhere to guidelines that set mandatory minimum prison sentences, saying there is evidence of growing disparity in jail terms since a landmark Supreme Court ruling."
Posted at 11:40 AM by Howard Bashman



"State's banking data law in doubt; An appeals court has invalidated some limits on sharing, saying that U.S. statutes pre-empt them": This article appears today in The Sacramento Bee.
Posted at 11:30 AM by Howard Bashman



"Courtney's sentence affirmed; U.S. Supreme Court had ordered a review at the appeals level": The Kansas City Star today contains an article that begins, "A federal appeals court panel on Monday upheld a 30-year sentence given to former Kansas City pharmacist Robert R. Courtney for diluting chemotherapy drugs."

And The Associated Press reports that "Appeal of Ex-Pharmacist Sentence Rejected."

You can access yesterday's per curiam ruling of the U.S. Court of Appeals for the Eighth Circuit at this link.
Posted at 11:25 AM by Howard Bashman




"Frist blows Graham's and DeWine's cover on judicial nominations deal": This article appears today in The Hill.
Posted at 10:15 AM by Howard Bashman



"'They showed her no mercy'; Defense admission has judge, prosecutor asking point of trial": The Rutland Herald today contains an article that begins, "Donald R. Fell's attorney didn't waste much time admitting to the jury that his client played a role in killing a North Clarendon woman in a case that could send him to death row. In Vermont's first death penalty case in nearly 50 years, federal public defender Alexander Bunin told the jury Monday in U.S. District Court that his client 'accepted responsibility' for the death of Tressa King, 53, of North Clarendon on Nov. 27, 2000."

The newspaper also contains a related editorial entitled "Breaking the cycle."
Posted at 10:10 AM by Howard Bashman




Access online today's en banc nude dancing decision from the U.S. Court of Appeals for the Sixth Circuit: You can access today's ruling, which appears to have been decided by a margin of 7-5 on some issues, at this link.
Posted at 10:05 AM by Howard Bashman



"College paper lawsuit fails; Federal court backs Governors State dean": The Chicago Tribune today contains an article that begins, "In a case with wider implications for college newspapers and their inevitable struggles with the administrations they cover, a full panel of the 7th Circuit Court of Appeals dismissed a lawsuit against Governors State University filed by two student journalists who were sharply critical of the school's president and a dean."

And Inside Higher Ed reports that "Colleges Can Censor, Too."
Posted at 08:40 AM by Howard Bashman




"Fort Trumbull Residents, City Officials Still Holding Their Breath; Supreme Court's Ruling On Eminent Domain Is Anxiously Awaited": This article appears today in The Day of New London, Connecticut.
Posted at 07:20 AM by Howard Bashman



"Kids in legal gray area when gay couples split": Today's edition of USA Today contains this article.
Posted at 07:18 AM by Howard Bashman



"Controversial federal prosecutor loses job; Jeffrey Del Fuoco testified in a case against a Hillsborough circuit judge": This article appears today in The St. Petersburg Times.
Posted at 07:15 AM by Howard Bashman



"Are Accounts of Consensual Sex a Violation of Privacy Rights? The Lawsuit Against the Blogger 'Washingtonienne.'" FindLaw commentator Julie Hilden has this essay today.
Posted at 07:12 AM by Howard Bashman



"Conservative talking shop puts its mark on judicial agenda": Financial Times contains this article today.
Posted at 07:11 AM by Howard Bashman



"Specter: Chief justice doing fine; William Rehnquist doesn't look like he's ready to retire just yet, Pa.'s senior senator said." This article appears today in The Philadelphia Inquirer.
Posted at 07:10 AM by Howard Bashman



In news from Seattle: The Seattle Times today contains articles headlined "Man killed at court was upset over child support" and "Courthouse passes first test of its security."

And The Seattle Post-Intelligencer reports today that "Bitter divorce behind courthouse shooting; Police kill man with a grudge and a grenade" and "Shooting victim angered over child-support system."
Posted at 07:05 AM by Howard Bashman




"Pryor sworn in as appeals court judge": The Atlanta Journal-Constitution today contains an article that begins, "William Pryor was sworn in Monday to a lifetime appointment on the federal appeals court in Atlanta, a temporary job he has held for more than a year."
Posted at 07:00 AM by Howard Bashman



Bob Egelko is reporting: Today in The San Francisco Chronicle, he has articles headlined "High court justice to leave bench June 30; Janice Rogers Brown to move to federal appeals court in D.C." and "Court upholds state sentencing system; Judges can tack on years based on data juries never heard."
Posted at 06:55 AM by Howard Bashman



"High court takes aim at poor defense; Pa. man removed from death row by 5-4 ruling": Joan Biskupic has this article in today's issue of USA Today.

In The Pittsburgh Post-Gazette, Michael McGough reports today that "Pa. death sentence set aside for lack of defense diligence."

The Allentown Morning Call reports that "High court spares Allentown killer; In ruling that could affect other cases, it says his defense was inadequate, overturns death sentence."

And The Washington Times reports that "High court reverses death case; faults defense team."
Posted at 06:50 AM by Howard Bashman




"U.S. top court upholds 2 Mich. fees on truckers": Michael McGough has this article today in The Toledo Blade.
Posted at 06:45 AM by Howard Bashman



"Hotel owners lose before high court; Justices turn down challenge to city's fee for converting rooms to tourist use": Bob Egelko has this article today in The San Francisco Chronicle.

In The Los Angeles Times, David G. Savage reports that "Supreme Court Upholds Local Regulations on Private Property; A San Francisco law requires developers to pay a fee when turning rentals into hotel rooms."

And in related coverage, The San Francisco Examiner today contains an article headlined "Litigious owners under one roof."
Posted at 06:30 AM by Howard Bashman



Monday, June 20, 2005


"Supreme Court to hear arbitration and patent cases": Patti Waldmeir has this article in Tuesday's edition of Financial Times.
Posted at 11:55 PM by Howard Bashman



Ninth Circuit Judge Alex Kozinski's dissenting opinion today in United States v. Sears made Sean Sirrine's day: Details here at the blog "De Novo."
Posted at 11:50 PM by Howard Bashman



"Lesbian gets custody; State Supreme Court says woman is the 'psychological parent' of the child": Saturday's edition of The Charleston Gazette contained an article that begins, "The West Virginia Supreme Court on Friday gave the lesbian partner of a deceased woman the parental rights over a 5-year-old child the two had been raising together."

You can access last Friday's ruling of the Supreme Court of Appeals of West Virginia at this link.
Posted at 11:34 PM by Howard Bashman




"Quiet but Ambitious White House Counsel Makes Life of Law": This profile of White House counsel Harriet Miers will appear Tuesday in The Washington Post.
Posted at 11:22 PM by Howard Bashman



"Putting the DMCA on trial": Declan McCullagh provided this preview of a case argued today before the U.S. Court of Appeals for the Eighth Circuit (via Corante's "The Importance of..." and "Copyfight"). You can access the oral argument audio by clicking here (RealPlayer required). [Update: Or, if you'd prefer the oral argument in MP3 format, Joe Gratz has posted it here.]
Posted at 11:12 PM by Howard Bashman



Available online from law.com: Asher Hawkins has an article headlined "Specter: Not Expecting High Court Vacancies."

Jeff Chorney reports that "Judicial Conference to Mull Unpublished Opinions."

And in other news, "Conn. Courthouse Shooting Shows Risks Faced by Divorce Attorneys."
Posted at 10:55 PM by Howard Bashman




"Justices Overturn a Death Sentence, Citing an Inadequate Defense Counsel": Linda Greenhouse will have this article Tuesday in The New York Times, along with an article headlined "At Docket's End, Moses and Movie Studios."

And in Tuesday's edition of The Washington Post, Charles Lane will have an article headlined "High Court Blocks Pa. Inmate's Death Sentence."
Posted at 10:50 PM by Howard Bashman




The Associated Press is reporting: Now available online are articles headlined "Pryor sworn in to federal appeals bench" and "Justice Brown leaving top court at month's end."
Posted at 10:45 PM by Howard Bashman



"Supreme Court overturns death sentence, cites inadequate defense": Stephen Henderson and Emilie Lounsberry of Knight Ridder Newspapers provide this report.
Posted at 09:54 PM by Howard Bashman



The Associated Press is reporting: An article reports that "Police Kill Man at Seattle Courthouse."

In news from Vermont's federal death penalty trial, "Lawyer All but Concedes Defendant's Guilt."

An article headlined "Federal Appeals Court Limits Calif. Law" reports on this decision that the U.S. Court of Appeals for the Ninth Circuit issued today.

And in Cobell v. Norton-related news, "American Indians Offer to Settle Suit."
Posted at 08:54 PM by Howard Bashman




"U.S. Court of Appeals upholds censorship by Governors State University officials; Hazelwood standard can apply to public colleges as well as high schools, U.S. Court of Appeals for Seventh Circuit rules": The Student Press Law Center issued this press release today, along with a press release entitled "Appeals court invites havoc says Student Press Law Center; Hosty v. Carter ruling opens door to censorship of college student expression."
Posted at 08:50 PM by Howard Bashman



"Supreme Court Backs Government in Land Rights Case": David G. Savage of The Los Angeles Times provides this news update.
Posted at 06:04 PM by Howard Bashman



Tony Mauro is reporting: Now available online from law.com are news updates headlined "Justices expand doctrine while overturning death penalty case" and "High Court to Hear Case on 43-year-old Antitrust Precedent."
Posted at 05:08 PM by Howard Bashman



"Shooting at federal courthouse": The Seattle Post-Intelligencer provides a news update that begins, "Seattle police officers shot a man armed with a hand grenade several times today and apparently killed him in the lobby of the federal courthouse at Seventh Avenue and Stewart Street."
Posted at 05:05 PM by Howard Bashman



"Specter: Supreme Court vacancy is not imminent." Thomas Fitzgerald of The Philadelphia Inquirer provides a news update that begins, "Interest groups on the left and right are already poised in Washington for political warfare over the next Supreme Court nomination, but U.S. Sen. Arlen Specter said today that they probably will have to holster their weapons awhile. Chief Justice William Rehnquist, 80 and ailing from cancer, did not look like a man who is going to step down soon when he saw him at a luncheon with the congressional leadership last week, Specter said."
Posted at 05:00 PM by Howard Bashman



"Appeals court to hear arguments on racial tiebreaker in Seattle schools": The AP reports here that "Less than a week after a federal appeals court in Massachusetts upheld a school district's voluntary desegregation plan there, the 9th U.S. Circuit Court of Appeals on Tuesday will consider a similar plan by the Seattle School District." That will be one of the en banc cases in which the Ninth Circuit will be hearing oral argument this week in San Francisco.
Posted at 04:45 PM by Howard Bashman



"Supreme Court Sides With City in Land Case": Gina Holland of The Associated Press provides this report.
Posted at 04:40 PM by Howard Bashman



"Man shot at federal courthouse in Seattle": The Seattle Times provides this news update.

And The Associated Press reports that "Suspect shot at Seattle federal courthouse."

Update: MSNBC just wrapped-up televising live a press briefing given by an FBI representative and Seattle's police chief. According to the police chief, the suspect appears to have been killed in the shooting and was attempting to enter Seattle's new federal courthouse carrying one or more explosive devices.
Posted at 04:19 PM by Howard Bashman




"Rehnquist Retire? Think Again." Tony Mauro has this article online today at law.com.

But just in case, the Judicial Confirmation Network offers this "Supreme Court Nominations Timetable" (via "Bench Memos").
Posted at 04:18 PM by Howard Bashman




"US appeals court returns patent to Checkpoint": Reuters provides this report on a ruling that the U.S. Court of Appeals for the Federal Circuit issued today.
Posted at 03:15 PM by Howard Bashman



"Slate's Jurisprudence: More Supreme Court Rulings." This segment (RealPlayer required) featuring Emily Bazelon appeared on today's broadcast of NPR's "Day to Day."
Posted at 03:14 PM by Howard Bashman



"Specter says Rehnquist's retirement not necessarily imminent": The Associated Press provides a report that begins, "Chief Justice William Rehnquist doesn't look like a man who is about to retire, Sen. Arlen Specter, chairman of the Senate Judiciary Committee, said Monday."
Posted at 02:58 PM by Howard Bashman



"Bet here is new court won't be southpaws": Columnist Robert Robb had this op-ed yesterday in The Arizona Republic.
Posted at 02:50 PM by Howard Bashman



"The 100-0 Nominee? Who Cares." That's the subject of this week's "Debate Club" feature online at legalaffairs.org. The participants in this week's discussion are Wendy E. Long and Law Professor Stephen B. Presser.
Posted at 02:40 PM by Howard Bashman



"Justice Brown to Leave Supreme Court June 30; Procedures Clarified for High Court Actions": The Judicial Council of California today has issued a press release that begins, "Justice Janice Rogers Brown, Associate Justice of the California Supreme Court, informed Governor Arnold Schwarzenegger in a letter last Friday, June 17, that her final day on the state’s high court will be Thursday, June 30, 2005."

On June 8, 2005, the U.S. Senate confirmed Justice Brown, by a vote of 56-43, to a lifetime post on the U.S. Court of Appeals for the D.C. Circuit.
Posted at 02:30 PM by Howard Bashman




Two criminal law rulings of note today from the U.S. Courts of Appeals: Click here to learn who is more forgiving of police tampering with a search warrant -- Ninth Circuit Judge Alex Kozinski or Ninth Circuit Judge William A. Fletcher.

And what happens when a criminal defendant's lawyer waives what turns out to be her client's only winning issue on appeal by expressly abandoning it in the Reply Brief for Appellant but then seeks to revoke the concession after oral argument? A panel consisting of three stellar Seventh Circuit judges delivers this result.
Posted at 02:25 PM by Howard Bashman




"Top court won't review sentencing guideline case": James Vicini of Reuters provides this report.
Posted at 02:20 PM by Howard Bashman



Access today's ruling of the Supreme Court of California discussing the impact of Blakely and Booker on criminal sentencing in that State: Today's decision can be accessed here.
Posted at 01:28 PM by Howard Bashman



En banc U.S. Court of Appeals for the Seventh Circuit announces ruling in Hosty v. Carter: You can access today's 7-4 ruling at this link. The Student Press Law Center previously referred to this case as "The Latest Battle for College Press Freedom."

A unanimous three-judge Seventh Circuit panel had ruled in favor of the student-plaintiffs in a decision you can access here, thereby affirming the federal district court's ruling in the case. Today's en banc majority reaches the opposite conclusion, holding that the U.S. Supreme Court's ruling in Hazelwood School District v. Kuhlmeier, 484 U.S. 260 (1988), applies in the setting of a university.
Posted at 01:08 PM by Howard Bashman




"Bench Warfare: The coming battle over President Bush's Supreme Court nominee." Duncan Currie has this essay in the June 27, 2005 issue of The Weekly Standard.
Posted at 01:05 PM by Howard Bashman



"Top court overturns death sentence": James Vicini of Reuters provides this report.

And The Associated Press reports that "High Court Rejects Telecom Rail Appeals."
Posted at 12:20 PM by Howard Bashman




A list of the final twelve argued cases that remain pending for decision this Term before the U.S. Supreme Court: Here's an update of the list I published Saturday, subtracting the decisions that the Court issued this morning.

The argued cases yet to be decided this Term are listed in order of oral argument, with the case argued longest ago listed first:

  1. Kelo v. City of New London, No. 04-108, click here to access the question presented in this eminent domain-takings case (argued February 22, 2005);
  2. Orff v. United States, No. 03-1566, click here to access the question presented in this third-party beneficiary breach of federal contract case (argued February 23, 2005);
  3. Exxon Corp. v. Allapattah Servs., No. 04-70, and Ortega v. Starkist Foods, No. 04-79 (consolidated cases), click here to access the questions presented in these cases involving whether 28 U.S.C. §1367 authorizes the district courts to exercise supplemental jurisdiction over the related claims of additional plaintiffs or plaintiff class members who do not themselves satisfy the amount-in-controversy requirement (argued March 1, 2005);
  4. Van Orden v. Perry, No. 03-1500, click here to access the question presented in this Ten Commandments case from Texas (argued March 2, 2005);
  5. McCreary County v. ACLU of Kentucky, No. 03-1693, click here to access the questions presented in this Ten Commandments case from Kentucky (argued March 2, 2005);
  6. Castle Rock v. Gonzales, No. 04-278, click here to access the questions presented in this case involving a procedural due process claim against a local government for its failure to protect the holder of a partial restraining order from private violence (argued March 21, 2005);
  7. MGM Studios v. Grokster, No. 04-480, click here to access the question presented in this copyright, file sharing, vicarious liability case (argued March 29, 2005);
  8. Nat'l Cable & Telecomm. Ass'n v. Brand X Internet Servs., No. 04-277, and FCC v. Brand X Internet Servs., No. 04-281 (consolidated cases), click here to access the questions presented in this case involving the FCC's regulation of cable internet services (argued March 29, 2005);
  9. Mayle v. Felix, No. 04-563, click here to access the question presented in this case involving relation-back for statute of limitations purposes of an amendment to a state habeas corpus petition (argued April 19, 2005);
  10. Halbert v. Michigan, No. 03-10198, click here to access the questions presented in this case that seeks to establish a Fourteenth Amendment due process right of appointed counsel for indigent defendants convicted by guilty plea (argued April 25, 2005);
  11. Gonzalez v. Crosby, No. 04-6432, click here to access the question presented in this case involving whether a Fed. R. Civ. P. Rule 60(b) motion in a habeas case constitutes a prohibited "second or successive" petition as a matter of law (argued April 25, 2005); and
  12. Bell v. Thompson, No. 04-514, click here to access the question presented in this death penalty case challenging the Sixth Circuit's withdrawal of its opinion affirming the denial of habeas corpus relief six months after the time when issuance of that court's mandate became mandatory (argued April 26, 2005)
The Supreme Court will next issue decisions in argued cases on Thursday, June 23, 2005.
Posted at 12:00 PM by Howard Bashman



"W.House mum on possibility of Rehnquist retirement": Reuters provides this report.
Posted at 11:22 AM by Howard Bashman



Today's U.S. Supreme Court Order List and opinions in argued cases: The Supreme Court of the United States today issued decisions in the following six argued cases:

1. Rompilla v. Beard, No. 04-5462. Justice David H. Souter delivered the opinion of the Court, and the judgment under review was reversed. You can access the syllabus here; Justice Souter's opinion here; Justice Sandra Day O'Connor's concurring opinion here; Justice Anthony M. Kennedy's dissenting opinion here; and the oral argument transcript here.

2. Dodd v. United States, No. 04-5286. Justice O'Connor delivered the opinion of the Court, and the judgment under review was affirmed. You can access the syllabus here; Justice O'Connor's opinion here; Justice John Paul Stevens' dissenting opinion here; Justice Ruth Bader Ginsburg's dissenting opinion here; and the oral argument transcript here.

3. San Remo Hotel v. San Francisco, No. 04-340. Justice Stevens delivered the opinion of the Court, and the judgment under review was affirmed. You can access the syllabus here; Justice Stevens' opinion here; Chief Justice William H. Rehnquist's opinion concurring in the judgment here; and the oral argument transcript here.

4. Graham County Water Dist. v. United States. Justice Clarence Thomas delivered the opinion of the Court, and the judgment under review was reversed and remanded. You can access the syllabus here; Justice Thomas's opinion here; Justice Stevens' opinion concurring in the judgment here; Justice Stephen G. Breyer's dissenting opinion here; and the oral argument transcript here.

5. American Trucking Ass'ns v. MI Public Service Comm'n, No. 03-1230. Justice Breyer delivered the opinion of the Court, and the judgment under review was affirmed. You can access the syllabus here; Justice Breyer's opinion here; Justice Antonin Scalia's opinion concurring in the judgment here; Justice Thomas' opinion concurring in the judgment here; and the oral argument transcript here.

6. Mid-Con Freight Sys. v. MI Public Service Comm'n, No. 03-1234. Justice Breyer delivered the opinion of the Court, and the jugdment under review was affirmed. You can access the syllabus here; Justice Breyer's opinion here; Justice Kennedy's dissenting opinion here; and the oral argument transcript here.

By my unofficial count, this leaves twelve other argued cases yet to be decided, because my earlier count of seventeen undecided cases listed the fifth and sixth cases above as a single entry.

Today's Order List can be accessed here. The Court granted review in two cases today. The case of Scheidler v. National Organization for Women, Inc., which I previewed here, remains pending.

In early press coverage, Hope Yen of The Associated Press reports that "High Court Orders New Death Penalty Trial." The AP also reports that "High Court Declines to Rule on Sentencing" and "High Court Won't Hear Suit Over Police OT." And Bloomberg News reports that "Child Pornography Prosecution Revived by U.S. Supreme Court."

At "SCOTUSblog," Lyle Denniston offers reports on today's rulings and orders here and here, respectively.

The Court will next issue opinions in argued cases on Thursday, June 23, 2005.
Posted at 10:00 AM by Howard Bashman




Just say Noe: The Toledo Blade today contains an article headlined "Judges mull options for returning Noe donations; For many, state rules limit any action until next primary."
Posted at 09:48 AM by Howard Bashman



"Death Penalty Case to Begin in Vermont": The Associated Press provides this report.
Posted at 09:44 AM by Howard Bashman



On the agenda: The Supreme Court of the United States today is scheduled to issue an Order List and opinions in argued cases at 10 a.m. eastern time. My list of the seventeen argued cases that remain pending for decision this Term, setting forth the questions presented and other helpful links, can be accessed here.

At 1 p.m. eastern time, the Supreme Court of California is scheduled to issue an important criminal sentencing ruling (details here).

Finally, this afternoon in Atlanta, Georgia, Eleventh Circuit Judge William H. Pryor, Jr. will be sworn-in to a lifetime seat on that court. I congratulate Judge Pryor on having avoided membership in the "Wallace McCamant club" (details here and here).
Posted at 07:32 AM by Howard Bashman




"Searching for the Definition of 'Mainstream'": FOXNews.com today provides a report that begins, "Political candidates hoping to get elected or judicial nominees vying for the federal bench would do well to be in the 'mainstream' these days, though the media may try to distance themselves from the designation."
Posted at 07:20 AM by Howard Bashman



"How does a conservative judge look?" James A. Davids has this op-ed today in The Daily Press of Hampton Roads, Virginia.
Posted at 07:18 AM by Howard Bashman



"Expert Says He Was Told to Soften Tobacco Testimony": This article appears today in The Washington Post.
Posted at 07:15 AM by Howard Bashman



In news from Kansas: The Associated Press reports that "Special session may pose challenges; Lawmakers might not stay focused on education funding" and "Special session interrupts work of lawmakers who farm."

The Topeka Capital-Journal contains articles headlined "Special session out of ordinary; Only 20 have been called in state history"; "Farm work interrupted; Session chasing agri-lawmakers from their fields"; "Ralliers protest court ruling; School finance order oversteps authority, speakers say"; and "Session to take broad view; Local lawmakers to look beyond quick school fix."

The Lawrence Journal-World reported yesterday that "Protesters decry school ruling."

The Wichita Eagle reports today that "Survey finds funding showdown doubtful; More money likely."

And The Kansas City Star reports that "Passions cool as session looms; Few legislators say they'd defy court" and "Kansans put off by court action; But most think schools need help."
Posted at 07:04 AM by Howard Bashman




"Faith community should stay out of partisan political fights": Yesterday in The Mobile Register, Randy Brinson had an op-ed that begins, "Since the compromise between moderate Democrat and Republican senators, there has been a wave of rhetoric among the leaders of many of the conservative evangelical groups who became personally embroiled in the controversy."
Posted at 07:02 AM by Howard Bashman



"The Tobacco Suit That's Going Up In Smoke: How the government blew $135 million in six years." The June 27, 2005 issue of BusinessWeek magazine contains this commentary.
Posted at 07:00 AM by Howard Bashman



In today's issue of The Washington Times: An article reports that "Gay 'marriage' foes hail California ruling."

And Donald Lambro has an op-ed entitled "Here come the judges."
Posted at 06:58 AM by Howard Bashman




"Abortion court cases could rise; Statute requiring parental signature needs interpreting, some lawyers say": The Houston Chronicle contains this article today.
Posted at 06:52 AM by Howard Bashman



"Commandments cases could revive flap over plaque; A 2003 ruling allowed the courthouse decalogue; The U.S. high court is reviewing similar displays" This article appears today in The Philadelphia Inquirer.
Posted at 06:40 AM by Howard Bashman



"Watched Pot": In the June 27, 2005 issue of The New Yorker, Hendrik Hertzberg has a Talk of the Town essay that begins, "If hard cases make bad law, as a three-hundred-year-old courthouse saying has it, then the case of Gonzales et al. v. Raich et al. ought to have been easy and good."
Posted at 06:35 AM by Howard Bashman



"If High Court Vacancy Opens, Activists Are Poised for Battle; With past judicial fights in mind, interest groups have new tactics ready if Rehnquist retires soon": This lengthy article appears today in The Los Angeles Times.
Posted at 06:30 AM by Howard Bashman


Sunday, June 19, 2005


"E-mail Addresses It Would Be Really Annoying to Give Out Over the Phone": Michael Ward offers these examples at McSweeney's Internet Tendency (which I happened to think of due to this item from today's Sunday Book Review section of The New York Times).
Posted at 11:25 PM by Howard Bashman



"Got a License for the Pinata? Likenesses of cartoon characters, many made in garages and sold by small vendors, prompt legal action by entertainment giants." This article appears today in The Los Angeles Times.
Posted at 11:18 PM by Howard Bashman



"A lapse in judgment": The St. Petersburg Times today contains an editorial that begins, "No institution did more in recent years to clean up Hillsborough County's judiciary than the state Judicial Qualifications Commission. But the agency tarnished its legacy by prosecuting Hillsborough Circuit Judge Gregory Holder on dubious charges of plagiarism."

This past Wednesday, that newspaper contained an article headlined "Panel deliberates judge's plagiarism case; If the plagiarism allegations are deemed true, Greg Holder could face a reprimand or removal from the bench."

Also on Wednesday, The Tampa Tribune reported that "Panel's Decision On Judge Could Take Weeks."
Posted at 11:10 PM by Howard Bashman




"Justices heed law, not politics": "How Appealing" reader Leighton Moore will have this op-ed Monday in The Atlanta Journal-Constitution.
Posted at 11:02 PM by Howard Bashman



"Sweating With the Enemy: If getting fit also means enriching a millionaire who donates to antiabortion groups, why is Curves sweeping across New England with the force of a blizzard?" The Boston Globe Magazine contains this article today.
Posted at 10:58 PM by Howard Bashman



"Will US Courts Adjudicate Foreign Patents or Will Comity Prevail?" This post about a case pending before the U.S. Court of Appeals for the Federal Circuit appears today at "Patently-O: Patent Law Blog."
Posted at 10:55 PM by Howard Bashman



"Supreme Court to rule on file-sharing": The Seattle Times contains this article today.
Posted at 10:54 PM by Howard Bashman



"Family blames lawyer for their daughter's downfall; Dr. Charles C. and Paula J. Calenda and their daughter Courtney, of East Greenwich, have filed a complaint with the Supreme Court against Joseph A. Bevilacqua Jr." This lengthy article appears today in The Providence Journal.
Posted at 10:50 PM by Howard Bashman



"New Jersey Gay Marriage Suit Headed for State's Highest Court": Bloomberg News provides this report.
Posted at 10:44 PM by Howard Bashman



"Tainted trials: The U.S. Supreme Court's ruling in Miller-El vs. Dretke indicates that some courts aren't doing enough to prevent racial bias in jury selection." This editorial appears today in The St. Petersburg Times.
Posted at 10:40 PM by Howard Bashman



In Monday's edition of The New York Times: Elisabeth Bumiller will have an article headlined "War Rooms (and Chests) Ready for a Supreme Court Vacancy."

And in other news, "Libraries Say Yes, Officials Do Quiz Them About Users."
Posted at 10:10 PM by Howard Bashman




"Michigan Abortion Law Faces Legal Challenge": This segment (RealPlayer required) appeared on this evening's broadcast of NPR's "All Things Considered."
Posted at 10:05 PM by Howard Bashman



"Name game: Mark Pryor plays it well." The Arkansas Democrat-Gazette yesterday contained an editorial that begins, "QUESTION: When is a filibuster not a filibuster?"
Posted at 09:22 PM by Howard Bashman



"America's supreme court awaits final judgment in the politics of succession": This article appears in Monday's edition of The Guardian (UK).
Posted at 09:18 PM by Howard Bashman



"Bush considering Gonzales for high court": United Press International provides this report.
Posted at 09:14 PM by Howard Bashman



"U.S. Supreme Court vs. The World": Tony Mauro will have this op-ed Monday in USA Today.
Posted at 09:12 PM by Howard Bashman



"Bales took long road to Ariz. Supreme Court": This article appears today in The Arizona Daily Sun.
Posted at 09:10 PM by Howard Bashman



Judge is fan of blogger called for jury duty: So Tony Pierce of "busblog" fame reports in a post you can access here.
Posted at 10:30 AM by Howard Bashman



In today's edition of The New York Times: An article reports that "Political Leanings Were Always Factor in Tobacco Suit."

And U.S. Senator John Cornyn (R-TX) has a letter to the editor that appears under the heading "Rubber-Stamping Judges."
Posted at 10:12 AM by Howard Bashman




"A maverick in search of compromise: Thurmond's successor talks on filibusters, trade, Iraq, Reagan." This interview with U.S. Senator Lindsey Graham (R-SC) appears today in The Charlotte Observer.
Posted at 09:04 AM by Howard Bashman



"Costly court nuances": Thomas Sowell has this op-ed today in The Washington Times.
Posted at 09:02 AM by Howard Bashman



"Specter's moment has now arrived; Sick and 75, he's determined not to miss it": This article appears today in The Pittsburgh Post-Gazette. The article reports: "Specter's greatest challenge this year as Senate Judiciary chairman could begin within the next two weeks when the Supreme Court is expected to wrap up its session and Chief Justice William H. Rehnquist, who is suffering from thyroid cancer, may announce his retirement. But Specter said Friday that he had seen Rehnquist this past week at a lunch and wasn't so sure that a Supreme Court nomination would be next up on the Judiciary Committee's agenda."
Posted at 09:00 AM by Howard Bashman



"White House Letter: Left and right gear up for High Court warfare." Elisabeth Bumiller of The New York Times will have this article in Monday's edition of the International Herald Tribune.
Posted at 08:58 AM by Howard Bashman



"Tipping the scales of justice: A retirement or two, especially of the chief, could augur significant change for the country." Richard L. Pacelle Jr. has this op-ed today in Newsday.
Posted at 08:54 AM by Howard Bashman



"Renegade Rehnquist goes to bat for convicted rapist": The Boston Herald today contains an article that begins, "Boston attorney James Rehnquist, the only son of Supreme Court Chief Justice William Rehnquist, was once a long-haired Amherst College hippie more interested in hoops than habeas corpus."
Posted at 08:52 AM by Howard Bashman



"Kelo Case Is Just Part Of Land-Grab Nationwide": Gregory N. Stone has this op-ed today in The Day of New London, Connecticut.
Posted at 08:50 AM by Howard Bashman


Saturday, June 18, 2005


"Possible Court Nominees Pose a Quandary for Bush; A Conservative Anchor vs. an Ethnic First": Sunday's edition of The Washington Post will contain this front page article.
Posted at 10:30 PM by Howard Bashman



"Lawmakers Trying Again to Divide Ninth Circuit": This article will appear Sunday in The New York Times.
Posted at 10:28 PM by Howard Bashman



"Senators collaborate on judicial nominees": The St. Petersburg Times today contains an article that begins, "U.S. Senators Bill Nelson and Mel Martinez are reestablishing a joint judicial nominating commission to review federal judiciary appointments."
Posted at 09:14 PM by Howard Bashman



"One 'Citizens' bank agrees to drop name; Butler firm will cede rights to national company": This article appears today in The Pittsburgh Post-Gazette. The dispute previously led to a ruling from the U.S. Court of Appeals for the Third Circuit. And in earlier coverage, The Boston Globe in September 2004 published an article headlined "The John Smith of banks; As it expands across US, all-too-common name spells grief for Citizens."
Posted at 09:10 PM by Howard Bashman



"Victims' rights monument stirs trouble; Courthouse site could influence jurors, some say": The Associated Press provides this report from Lubbock, Texas.
Posted at 09:00 PM by Howard Bashman



"Bush Weighs Possible High Court Vacancy": The Associated Press provides this report, along with a related item headlined "A Look at Likely Supreme Court Candidates."
Posted at 07:33 PM by Howard Bashman



Available online from law.com: Tony Mauro has an article headlined "Well-Connected Judge on Supreme Court Short List."

And Dahlia Lithwick's essay from this month's issue of The American Lawyer is headlined "An Inside Look at Supreme Court Decision-Making."
Posted at 05:10 PM by Howard Bashman




"File Swappers Get Creative as Wheels of Justice Turn": The New York Times today contains an article that begins, "In the more than three years it took for the Grokster case to percolate up to the Supreme Court, the file-sharing landscape has so shifted that many users have moved from early peer-to-peer networks to more efficient or discreet ways of getting digital music."
Posted at 04:20 PM by Howard Bashman



"High court denies McKenna's request": Yesterday's edition of The Providence (R.I.) Journal contained an article that begins, "The state Supreme Court yesterday denied Providence lawyer Keven A. McKenna's request to reargue the lawsuit that claimed Frank J. Williams is no longer the high court's chief justice."
Posted at 01:40 PM by Howard Bashman



"Congress Assaults the Courts, Again": This editorial appears today in The New York Times.
Posted at 01:30 PM by Howard Bashman



"Female Judges Matter: Gender and Collegial Decisionmaking in the Federal Appellate Courts." Jennifer L. Peresie has this Note in the May 2005 issue of The Yale Law Journal.
Posted at 11:20 AM by Howard Bashman



A list of the final seventeen argued cases that remain pending for decision this Term before the U.S. Supreme Court: Perhaps, like me, you are interested in knowing which cases presenting what issues remain for decision as the Court enters the final two weeks of its current Term.

I have assembled the list that follows using the following resources: "Status of Cases Argued - 2004 Term" prepared by the law firm of Mayer, Brown, Rowe & Maw LLP; Medill School of Journalism's "On the Docket"; and oral argument transcripts and docket entries provided over the U.S. Supreme Court's web site.

The argued cases yet to be decided this Term are listed in order of oral argument, with the case argued longest ago listed first:

  1. Rompilla v. Beard, No. 04-5462, click here to access the questions presented in this death penalty case (argued January 18, 2005);
  2. Kelo v. City of New London, No. 04-108, click here to access the question presented in this eminent domain-takings case (argued February 22, 2005);
  3. Orff v. United States, No. 03-1566, click here to access the question presented in this third-party beneficiary breach of federal contract case (argued February 23, 2005);
  4. Exxon Corp. v. Allapattah Servs., No. 04-70, and Ortega v. Starkist Foods, No. 04-79 (consolidated cases), click here to access the questions presented in these cases involving whether 28 U.S.C. §1367 authorizes the district courts to exercise supplemental jurisdiction over the related claims of additional plaintiffs or plaintiff class members who do not themselves satisfy the amount-in-controversy requirement (argued March 1, 2005);
  5. Van Orden v. Perry, No. 03-1500, click here to access the question presented in this Ten Commandments case from Texas (argued March 2, 2005);
  6. McCreary County v. ACLU of Kentucky, No. 03-1693, click here to access the questions presented in this Ten Commandments case from Kentucky (argued March 2, 2005);
  7. Castle Rock v. Gonzales, No. 04-278, click here to access the questions presented in this case involving a procedural due process claim against a local government for its failure to protect the holder of a partial restraining order from private violence (argued March 21, 2005);
  8. Dodd v. United States, No. 04-5286, click here to access the question presented in this federal habeas corpus statute of limitations case (argued March 22, 2005);
  9. San Remo Hotel v. San Francisco, No. 04-340, click here to access the question presented in this takings clause-issue preclusion case (argued March 28, 2005);
  10. MGM Studios v. Grokster, No. 04-480, click here to access the question presented in this copyright, file sharing, vicarious liability case (argued March 29, 2005);
  11. Nat'l Cable & Telecomm. Ass'n v. Brand X Internet Servs., No. 04-277, and FCC v. Brand X Internet Servs., No. 04-281 (consolidated cases), click here to access the questions presented in this case involving the FCC's regulation of cable internet services (argued March 29, 2005);
  12. Mayle v. Felix, No. 04-563, click here to access the question presented in this case involving relation-back for statute of limitations purposes of an amendment to a state habeas corpus petition (argued April 19, 2005);
  13. Graham County Water Dist. v. United States, No. 04-169, click here to access the question presented in this case involving which statute of limitation should apply to a claim of retaliatory discharge actions under the False Claims Act (argued April 20, 2005);
  14. Halbert v. Michigan, No. 03-10198, click here to access the questions presented in this case that seeks to establish a Fourteenth Amendment due process right of appointed counsel for indigent defendants convicted by guilty plea (argued April 25, 2005);
  15. Gonzalez v. Crosby, No. 04-6432, click here to access the question presented in this case involving whether a Fed. R. Civ. P. Rule 60(b) motion in a habeas case constitutes a prohibited "second or successive" petition as a matter of law (argued April 25, 2005);
  16. American Trucking Ass'ns v. MI Public Service Comm'n, No. 03-1230, and Mid-Con Freight Sys. v. MI Public Service Comm'n, No. 03-1234 (consolidated cases), click here to access the questions presented in this case challenging Michigan's $100 fee on vehicles conducting intrastate operations (argued April 26, 2005); and
  17. Bell v. Thompson, No. 04-514, click here to access the question presented in this death penalty case challenging the Sixth Circuit's withdrawal of its opinion affirming the denial of habeas corpus relief six months after the time when issuance of that court's mandate became mandatory (argued April 26, 2005)
The Supreme Court will next issue orders and opinions on Monday, June 20, 2005. If the Court also issues opinions on a second day later that week, the Court would be in position to announce its final opinions in argued cases on Monday, June 27, 2005.
Posted at 10:00 AM by Howard Bashman



"Civil union dissolution withstands challenge; The decision says those who wanted to overturn a judge's order to void a lesbian union had no right to interfere": This article appears today in The Des Moines Register, along with a related editorial entitled "Court correct to dump same-sex divorce challenge; Disagreeing with a ruling doesn't grant right to sue."

The Sioux City Journal reports today that "Supreme Court throws out lesbian dissolution challenge."

And The Quad-City Times reports that "Challenge to lesbian divorce rejected."
Posted at 09:02 AM by Howard Bashman




"The Filibuster: A Tool for Good and Bad." Columnist Colbert I. King has this op-ed today in The Washington Post.
Posted at 08:52 AM by Howard Bashman



"Former Clerks Pay Tribute To 'The Chief'": Charles Lane has this article today in The Washington Post.
Posted at 08:45 AM by Howard Bashman


Friday, June 17, 2005


"Vermont Jury Gets Rare Death-Penalty Case": This segment (RealPlayer required) appeared on this evening's broadcast of NPR's "All Things Considered."
Posted at 09:15 PM by Howard Bashman



"Thomas, the sole black justice, a critic of discrimination claims": Stephen Henderson of Knight Ridder Newspapers provides this report.
Posted at 07:35 PM by Howard Bashman



On Monday, the Supreme Court of California is scheduled to announce the impact of Blakely and Booker on criminal sentencing in that State: A description of the cases in which that court is scheduled to announce opinions on Monday can be accessed here.
Posted at 05:58 PM by Howard Bashman



"Book Criticizes Sept. 11 Panel's Suggestions": Seventh Circuit Judge Richard A. Posner is featured on this segment (RealPlayer required) from this evening's broadcast of NPR's "All Things Considered."
Posted at 05:35 PM by Howard Bashman



Former D.C. Circuit Judge Kenneth W. Starr moderates a debate between Ninth Circuit Judges Stephen Reinhardt and Alex Kozinski: Thanks to C-SPAN, you can access the debate online, on-demand by clicking here (RealPlayer required).

C-SPAN's web site describes the event as follows:

At the 13th Annual California Court Panel, Ninth Circuit Judges Alex Kozinski and Stephen Reinhardt discuss "Where Will Another Right Turn Take Us?" The panelists will analyze and discuss -- from a liberal and conservative perspective -- recent Supreme Court decisions and potential decisions on cases still pending before the 2004-05 U.S. Supreme Court term. The panel is moderated by Ken Starr.
The event was sponsored by the Jewish Federation of Greater Los Angeles and was videotaped this past Wednesday in Beverly Hills, California.
Posted at 05:24 PM by Howard Bashman



"Bush Advised to Wait on Top Court Nominee": Jesse J. Holland of The Associated Press provides this report.
Posted at 05:04 PM by Howard Bashman



"State Supreme Court limits ruling on sentences": The Seattle Times today contains an article that begins, "The state Supreme Court yesterday significantly limited the scope of a 2004 U.S. Supreme Court decision that critics worried would shorten the sentences of countless inmates."

And The Seattle Post-Intelligencer reports today that "Court limits inmate appeals of extra-long sentences."
Posted at 05:00 PM by Howard Bashman




"Pornography purveyors sue AG in federal court": This article appears today in The Rocky Mountain News.
Posted at 04:28 PM by Howard Bashman



"Application of 18 U.S.C. §§ 2340-2340A to the Music of Christina Aguilera": The blog "Underneath Their Robes" offers this post.
Posted at 04:02 PM by Howard Bashman



The Daily Journal of California is reporting: In coverage of yesterday's rulings from the Supreme Court of California, you can access online articles headlined "Big Punitives Still Available as Deterrent; State Supreme Court Sets Damage Issue For California Cases" and "Roller Coaster is Common Carrier, Court Rules."
Posted at 03:10 PM by Howard Bashman



"Court Sets Punitives Guidelines; Businesses, plaintiffs both claim win as justices interpret 'State Farm'": Jeff Chorney has this article today in The Recorder of of San Francisco, California.
Posted at 02:44 PM by Howard Bashman



"Possible Vacancy on High Court": This segment (RealPlayer required) featuring Nina Totenberg appeared on today's broadcast of NPR's "Morning Edition."
Posted at 02:33 PM by Howard Bashman



"Therapist to appeal to Supreme Court": The Denver Post today contains an article that begins, "A federal appeals court Thursday dealt a major setback to a civilian Colorado Springs therapist hoping to stay out of jail, saying an Air Force judge in Texas acted properly in ordering her arrest for withholding rape-counseling records from the Air Force."

And The Rocky Mountain News reports today that "Court rules against therapist; Appeals judges back military in dispute over patient records."
Posted at 02:10 PM by Howard Bashman




"Iowa judge's ruling in lesbian divorce case will stand": The Des Moines Register provides this news update.

And The Associated Press reports that "Court Won't Challenge Civil Union Ruling."
Posted at 01:44 PM by Howard Bashman




"Catching drunk drivers paramount, court rules": The Toronto Globe and Mail today contains an article that begins, "Police in Manitoba had a right to assess the sobriety of two drivers at a roadside check even though the men had not been instructed of their right to legal counsel, the Supreme Court of Canada ruled yesterday."

You can access yesterday's ruling of the Supreme Court of Canada at this link.
Posted at 11:50 AM by Howard Bashman




Battle over the Unabomber's stuff is argued before the U.S. Court of Appeals for the Ninth Circuit: A three-judge Ninth Circuit panel -- consisting of Chief Judge Mary M. Schroeder, Circuit Judge Michael Daly Hawkins, and Senior Circuit Judge William C. Canby (all of whom, coincidentally, are based in Phoenix) -- yesterday heard oral argument in San Francisco of an appeal involving whether Unabomber Theodore Kaczynski possesses the right to donate writings and other belongings seized from his Montana cabin to his alma mater, the University of Michigan.

As I mentioned here last night, David Kravets of The Associated Press covered the oral argument in a report headlined "Fight Over Unabomber Materials in Court."

Thanks to the Ninth Circuit's web site, you can download the oral argument audio (Windows Media format) in this interesting case by right-clicking on this link and saving the audio file to your computer.
Posted at 11:35 AM by Howard Bashman




"Gay man awarded new hearing in child custody case; Court of Appeals rules in matter from Virginia": This article appears today in The Baltimore Sun. You can access Monday's unreported opinion of the Maryland Court of Special Appeals at this link (51-page scanned PDF file).
Posted at 10:54 AM by Howard Bashman



BREAKING NEWS -- Unanimous Supreme Court of Iowa rebuffs challenge to Iowa trial court's order dissolving a Vermont same-sex civil union: You can access today's ruling at this link. The court holds that the order's challengers, because they were not parties to the trial court proceeding, lack standing to have their objections decided on the merits.

Update: Yesterday at the blog "A Stitch in Haste," KipEsquire previewed the ruling in a post titled "The Court Not Giveth, But the Court Still Taketh Away?"
Posted at 09:58 AM by Howard Bashman




"Delta cleared in alcohol suit; High court rules airline not responsible for driver who caused an accident after drinking on flight": Today in The Atlanta Journal-Constitution, Bill Rankin has this article reporting on a decision that the Supreme Court of Georgia issued yesterday.
Posted at 09:45 AM by Howard Bashman



"Ruling expected today on gay divorce challenge": The Sioux City Journal today contains an article that begins, "The Iowa Supreme Court is expected to issue a ruling today on whether a Woodbury County judge acted properly in granting a lesbian couple a divorce two years ago, a case that inspired outrage from opponents of gay marriage. The couple, both Iowans, had traveled to Vermont to obtain a civil union, which in that state gives gay couples many of the same legal benefits of marriage. Once the relationship ended, the couple sought a divorce in Iowa because Vermont only allows divorces for people who have lived there for a year."
Posted at 07:28 AM by Howard Bashman



"What Exactly Is Judicial Activism? The Charges Made Against the President's Judicial Nominees." FindLaw commentator John W. Dean has this essay online today.
Posted at 07:25 AM by Howard Bashman



In news from Boston: The Boston Globe today contains articles headlined "Court backs Lynn use of race in school plan; Voluntary system of student transfer" and "Romney backs new effort to prohibit gay marriages; Proposal for ballot excludes civil unions."

And The Boston Herald reports today that "In switch, Mitt goes anti-gay union."
Posted at 07:20 AM by Howard Bashman




"Texas names are high on list of could-be justices": The Fort Worth Star-Telegram today contains an article that begins, "At least eight Texans are being mentioned as potential Supreme Court nominees as anticipation builds over prospects that President Bush soon may face his first vacancy on the high court."
Posted at 07:18 AM by Howard Bashman



"Boyle goes to full Senate; Committee OKs judicial nominee": The News & Observer of Raleigh, North Carolina contains this article today.

The Charlotte Observer reports today that "Judge's quest may hit a filibuster; Democrats object to Senate panel endorsing Boyle for U.S. court."

The Winston-Salem Journal reports that "Nominee for court advances; Committee votes 10-8 to forward Boyle's name for full Senate vote."

And The Washington Times reports that "Panel approves Boyle nomination."
Posted at 07:15 AM by Howard Bashman




"Theme parks' liability clarified; State high court's decision requiring 'utmost care' will make it easier for injured riders to prevail in lawsuits": This article appears today in The Orange County Register.

The Los Angeles Times reports today that "High Court Raises Bar for Safety of Thrill Rides."

And in The San Francisco Chronicle, Bob Egelko reports that "Justices tighten rules on safety of thrill rides."
Posted at 07:08 AM by Howard Bashman




"The Accidental Jurist": David J. Garrow has this review of Linda Greenhouse's new book, "Becoming Justice Blackmun: Harry Blackmun's Supreme Court Journey," in the June 27, 2005 issue of The New Republic.
Posted at 07:00 AM by Howard Bashman



"Judge Rules Against Gay O.C. Couple; Mission Viejo men did not have the right to marry, U.S. jurist says; An appeal is planned": This article appears today in The Los Angeles Times.

And The Orange County Register reports today that "Men lose bid for marriage license; The Mission Viejo couple are weighing their options."

You can access yesterday's ruling of the U.S. District Court for the Central District of California both here and here.
Posted at 06:54 AM by Howard Bashman



Thursday, June 16, 2005


Tusk: It's not just a Fleetwood Mac album; rather, it's also the subject of a decision that the Washington State Court of Appeals issued Monday.

The appellate court's opinion begins, "While his patient, also an employee, was under anesthesia for a dental procedure, a dentist played a practical joke by putting false teeth shaped like boar tusks into her mouth and taking pictures."

Reporting on this rather unusual insurance coverage dispute, The Seattle Times today contains an article headlined "Appeals court rules against dentist."
Posted at 11:28 PM by Howard Bashman




"Former Texas Supreme Court chief lands at Baker Botts": The Austin Business Journal provides this report.
Posted at 11:20 PM by Howard Bashman



"Supreme Court Vacancies: Bush Should Choose Consensus Not Confrontation." The organization People For the American Way issued this press release today, along with related items entitled "Precedent for Consensus Nominees" and "High Stakes for the Court and the Constitution."

Meanwhile, yesterday PFAW issued a press release entitled "PFAW Foundation Files Joint Brief in Padilla Case with Rutherford Institute; Groups Cross Political Divide to Defend Due Process." You can access here this amicus brief filed in the Fourth Circuit.
Posted at 11:15 PM by Howard Bashman




"Supreme Court bars retroactive application of Blakely ruling": The Associated Press provides this report from Washington State. You can access online both the majority opinion and a concurring opinion that the Supreme Court of Washington State issued today.
Posted at 11:10 PM by Howard Bashman



Available online from law.com: An article headlined "Courting the Clerks" begins, "Among departing U.S. Supreme Court clerks, careers in academia, public interest law and the government hold much allure for life beyond the high court, but for those clerks who opt for private practice, big-firm lawyering appears to be the path they most often choose."

In other news, "In Loss for Court TV, N.Y. Judges Continue Ban on Cameras in Courts; Media and public found to possess same right of access."

And an article reports that "Long-Running Patent Fight Winds Down With Decision in 'Festo' Case."
Posted at 11:04 PM by Howard Bashman




"A New Challenge to Same-Sex Marriages": The New York Times on Friday will contain an article that begins, "More than a year after gay marriage became legal in Massachusetts, Gov. Mitt Romney said Thursday that he would support a newly proposed amendment to the state Constitution that would overturn that right."
Posted at 10:58 PM by Howard Bashman



The Associated Press is reporting: Gina Holland reports that "Chief Justice Marks Court Anniversary."

And David Kravets has an article headlined "Fight Over Unabomber Materials in Court."
Posted at 10:54 PM by Howard Bashman




Proposed Federal Rule of Appellate Procedure 32.1, which would allow non-precedential rulings to be cited in all U.S. Courts of Appeals, is one significant step closer to becoming law: Yesterday at its meeting in Boston, Massachusetts, the Committee on Rules of Practice and Procedure of the U.S. Courts (also known as the Standing Committee) unanimously approved proposed Rule 32.1. As a result, the rule will now be transmitted to the Judicial Conference of the United States, with a recommendation that the proposed rule be approved at the Conference's September 2005 session and transmitted to the Supreme Court. Thus, proposed Federal Rule of Appellate Procedure 32.1 is currently on schedule to go into effect as of December 1, 2006. More details on this proposed new rule can be accessed here and here.
Posted at 09:20 PM by Howard Bashman



"Roseville stubs out its medical pot law; Council cites Supreme Court decision on federal supremacy": The Sacramento Bee today contains an article that begins, "Taking its cue from the highest court in the nation, the Roseville City Council terminated a local law Wednesday night that allowed medical marijuana shops to operate in some parts of town."
Posted at 09:10 PM by Howard Bashman



"Calif. Justices Tightens Safety Rules for Theme Park Rides": The Los Angeles Times provides this news update.

And The Associated Press reports that "Amusement parks liable for safety of thrill rides, state court rules."

I first noted today's ruling of the Supreme Court of California in a post you can access here.
Posted at 09:00 PM by Howard Bashman




"Ethics Complaint Against Judge Serving on FREE's Board Dismissed; Allegations of Judicial Misconduct 'Lack Any Factual Foundation'" The Foundation for Research on Economics and the Environment has issued this press release today. My recent related posts can be accessed here and here.
Posted at 05:08 PM by Howard Bashman



"Vt. seeks Supreme Court campaign finance law review": The Rutland Herald today contains an article that begins, "Vermont's attorney general Wednesday asked the U.S. Supreme Court to review whether Vermont's landmark campaign finance reform law is constitutional. Joining William Sorrell in asking the high court to settle the dispute -- over whether big money corrupts the political process and should be limited -- was a broad coalition including Sen. Rick Reed, D-R.I., 13 other attorneys general, several public interest groups and former presidential candidate Bill Bradley."

Additional information about the case can be accessed here from Law Professor Rick Hasen's "Election Law" blog and here from Tom Goldstein at "SCOTUSblog."
Posted at 04:44 PM by Howard Bashman




"Texas death penalty under fire from Supreme Court": Reuters provides this report.
Posted at 03:54 PM by Howard Bashman



"Duke Energy Did Not Break Law, Court Says": The Washington Post contains this article today.

The Charlotte Observer reports today that "Duke wins pollution appeal; Ruling: Law allowed plant upgrades."

The Charlotte Business Journal reports that "Federal appeals court backs Duke."

Reuters reports that "Court upholds Clean Air Act ruling in favor of Duke."

And The Associated Press reports that "Ruling Puts Power Plant Cleanups in Doubt."
Posted at 03:50 PM by Howard Bashman




"States still push for medical pot; Lawmakers say Congress is out of step with public on issue": This article appears today in USA Today.
Posted at 03:42 PM by Howard Bashman



"RIM Has NTP 'Workaround' for Every BlackBerry-CEO": Reuters provides this report.
Posted at 03:35 PM by Howard Bashman



A State that does not permit same-sex civil unions should favor judicial decisions from its courts dissolving same-sex civil unions authorized elsewhere, correct? The Supreme Court of Iowa is scheduled to issue a decision tomorrow arising out of a controversial case where an Iowa trial judge granted dissolution of a same-sex civil union entered into in a State where, unlike in Iowa, such same-sex civil unions are legal. The trial judge's decision sparked controversy both inside Iowa and elsewhere. (Thanks to the blog "Iowa Family Law" for the pointer.)
Posted at 02:40 PM by Howard Bashman



"No change in sentence for Cianci": The Providence Journal provides this news update.
Posted at 02:38 PM by Howard Bashman



The AP is reporting from Massachusetts: Now available online are articles headlined "Appeals court upholds Lynn desegregation plan" and "Mass. Gov. Romney vows support for initiative to ban gay marriage."
Posted at 02:35 PM by Howard Bashman



Court TV fails in bid to put New York's state courts on TV: The Associated Press offers a report headlined "N.Y. Court Upholds Courtroom Camera Ban" about today's unanimous ruling of the Court of Appeals of New York, that State's highest court.
Posted at 02:30 PM by Howard Bashman



"Gov't Tries to Force Publisher to Give Data": The AP provides this report about a dispute involving the publication "Inside F.E.R.C."
Posted at 02:25 PM by Howard Bashman



"Boyle Nomination Sent to Senate for OK": Jesse J. Holland of The Associated Press provides a report that begins, "The GOP-controlled Senate Judiciary Committee on Thursday sent North Carolina judge Terrence Boyle's nomination to the U.S. Appeals Court for confirmation on a party-line vote, leaving Boyle vulnerable to a possible Democratic filibuster."
Posted at 02:20 PM by Howard Bashman



By a vote of 3-2, the en banc U.S. Court of Appeals for the First Circuit holds constitutional the voluntary plan to achieve racial diversity in the public schools of Lynn, Massachusetts: You can access today's en banc ruling at this link.

In so ruling, the en banc court affirms the ruling that the federal district court had issued in the case. The en banc court's decision, however, reaches the opposite result from that reached by the original unanimous three-judge panel (opinion here), which consisted of two First Circuit judges (today's dissenters) and a judge visiting from the U.S. Court of Appeals for the Federal Circuit.
Posted at 01:45 PM by Howard Bashman




Access online today's decisions of the Supreme Court of California: As I previewed here last night, the court today has just issued two interesting punitive damages-due process decisions (available here and here) along with a decision resolving whether the operator of an amusement ride that starts and stops at the same place is a common carrier and thus subject to a heightened standard of care specified in two California statutory provisions.

In the case involving the amusement ride, a sharply divided court ruled 4-3 against the Walt Disney Company on a lawsuit brought by the estate of a passenger who died as a result of injuries allegedly sustained while riding on the Indiana Jones attraction at Disneyland.
Posted at 01:00 PM by Howard Bashman




Eighth Circuit issues slippery slope, Fourth Amendment, municipal liability decision: On the facts of this ruling that the U.S. Court of Appeals for the Eighth Circuit issued today, the slippery slope almost had fatal consequences.
Posted at 11:40 AM by Howard Bashman



Fourth Circuit nominee Terrence W. Boyle clears Senate Judiciary Committee on a 10-8 party-line vote: So "Bench Memos" is reporting. Not too long ago, such a vote meant that the nomination was destined for filibuster, but who knows anymore?
Posted at 11:14 AM by Howard Bashman



The Providence Journal is reporting: A news update reports that "Cianci resentencing hearing a go," and on Tuesday the newspaper published a related article headlined "Cianci due in court tomorrow via video; The former mayor will ask a federal judge tomorrow to reduce his prison sentence to 35 months from 64 months."

In other news, today's newspaper contains an article headlined "AG criticizes McKenna's new motion; Keven A. McKenna asks the high court to rehear his case against Chief Justice Frank J. Williams, but his petition is called 'inappropriate and insulting.'" And in earlier coverage, on Tuesday the newspaper reported that "McKenna takes on Williams again; The Providence lawyer calls on the state Supreme Court to withdraw its decision on his challenge to the chief justice's authority to hold office."
Posted at 11:00 AM by Howard Bashman




"In the context of the courtroom proceedings, an attorney retains no personal First Amendment rights when representing his client in those proceedings." So the majority on a divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit has ruled today in an interesting decision that you can access here.
Posted at 10:50 AM by Howard Bashman



"Frist: Schiavo Autopsy Results End Case." The Associated Press provides this report, along with a report headlined "Schiavo's Parents Not Swayed by Autopsy." Earlier today, I collected additional related news coverage here.
Posted at 10:44 AM by Howard Bashman



"Dog has his day in court": This article appeared yesterday in The MetroWest Daily News of Framingham, Massachusetts.
Posted at 10:35 AM by Howard Bashman



"B.C.'s first gay divorce granted": CBC News provides this report.
Posted at 10:25 AM by Howard Bashman



"Jury finds heavy smoking to be grounds for eviction; Verdict is said to be one of first in nation": This article appears today in The Boston Globe.
Posted at 10:20 AM by Howard Bashman



Access online the agenda for today's executive business meeting of the Senate Judiciary Committee: The agenda is available here.
Posted at 08:55 AM by Howard Bashman



"Divorce Court Shooting Kills Couple and Wounds Lawyer": This article appears today in The New York Times.

The Hartford Courant today contains articles headlined "A Deadly Ambush; Ex-Trooper Kills Wife, Himself; Injured Lawyer In Stable Condition"; "Divorce Marked By Ugliness, Angry Accusations"; and "Lawyer Known For Her Devotion."

The Middletown Press contains articles headlined "Deadly day: Former state trooper kills wife, self; injures lawyer"; "Court records show drawn out legal case"; "State's legal community rocked by news"; "'It should never come to this'"; and "Divorce can lead to escalating violence."

Finally, The New Haven Register contains articles headlined "Ex-trooper kills self, wife, wounds lawyer before divorce hearing" and "Emotions run high in family cases, legal experts say."
Posted at 07:28 AM by Howard Bashman




The New York Times is reporting: Today's newspaper contains articles headlined "Lawyers Fought U.S. Move to Curb Tobacco Penalty" and "Lawyer Says Military Tried to Coerce Detainee's Plea."
Posted at 07:18 AM by Howard Bashman



"Justice was blind, and a little sleepy; A juror who noticed a colleague dozing during a murder trial says she hopes the defendant gets a new trial": This article appears today in The St. Petersburg Times.
Posted at 07:15 AM by Howard Bashman



"Schiavo Autopsy Says Brain Was Untreatable": The New York Times contains this article today. The newspaper also contains an editorial entitled "Autopsy on the Schiavo Tragedy."

The Washington Post today contains a front page article headlined "Schiavo Autopsy Released; Brain Damage 'Was Irreversible.'"

The Los Angeles Times reports that "Schiavo Was Beyond Saving, Autopsy Finds; A medical examiner says no treatment could have reversed the woman's persistent vegetative state in her final days, despite contrary claims."

USA Today contains articles headlined "Schiavo autopsy confirms diagnosis; Brain damage was 'irreversible,' examiner finds" and "Schiavo autopsy results reach a divided Congress; Fla. senator says he's not so sure now about action."

The St. Petersburg Times contains articles headlined "She never would have recovered; Massive brain damage had left her blind and unresponsive; The autopsy reveals no evidence of abuse; But what caused her heart to stop beating 15 years ago remains a mystery"; "Amid emotion is heard science's voice"; and "Autopsy report synopsis."

The Tampa Tribune reports that "Schiavo Autopsy Shows Irreversible Brain Damage" and "Examiner Focused On Thoroughness."

And The Miami Herald contains articles headlined "Autopsy: Schiavo damage 'massive'; Terri Schiavo was blind, had massive, irreversible brain damage, and showed no signs of abuse, an autopsy report concluded" and "We'd do it all again, Republicans say; Undaunted by the autopsy report, some Republicans who sought to intervene in the case of Terri Schiavo say they would take action again." The newspaper also contains an op-ed by Jim DeFede entitled "Schiavo autopsy vindicates husband, courts."
Posted at 07:04 AM by Howard Bashman




"Critics seek judge's removal; Embattled Broward Circuit Judge Eileen O'Connor says she has always been truthful, despite allegations that she lied on her judicial application; Critics are calling for her removal": This article appears today in The Miami Herald.
Posted at 06:54 AM by Howard Bashman


Wednesday, June 15, 2005


Available online from law.com: An article is headlined "Who Will Be Brown's Successor on the Calif. Supreme Court?"

And law.com has posted online for all to access the article I previously noted here headlined "Divorcee's Appeal Tossed due to 'Excessive' Issues."
Posted at 10:30 PM by Howard Bashman




Slow news day in Decatur, Alabama: The Decatur Daily today contains an article headlined "Pryor quotes B-52s in decision" that begins, "Fresh from Senate confirmation, U.S. 11th Circuit Court Judge Bill Pryor authored what appears to be the first court decision ever to quote lyrics from The B-52s."

In actuality, because the ruling issued on the same day that Eleventh Circuit Judge William H. Pryor, Jr. achieved U.S. Senate confirmation, chances are quite good that the decision was written in advance of that day. My earlier coverage of the ruling can be accessed here and here.
Posted at 10:10 PM by Howard Bashman




"Evangelical Republicans Trust States on Social Issues; Poll Finds Fewer Want Courts' Say": Charles Lane will have this article Thursday in The Washington Post. Complete results of this Washington Post-ABC News poll can be accessed here.
Posted at 09:15 PM by Howard Bashman



"Conservative groups to spend over $20M on Supreme Court": This article will appear in Thursday's issue of The Hill.
Posted at 09:14 PM by Howard Bashman



Coming soon from the Supreme Court of California: The Golden State's highest court is scheduled to announce rulings in two important punitive damages appeals tomorrow. In addition, the court will announce an opinion in a case presenting the question whether "the operator of an amusement ride that starts and stops at the same place [is] a common carrier and subject to the heightened standard of care set forth in Civil Code sections 2100 and 2101?" Additional details on all three cases can be accessed here. And decisions in all three cases will be available online via that court's web site at 1 p.m. eastern time tomorrow.

By the way, I hope one or more of my readers is willing and able to let me know when Justice Janice Rogers Brown plans to leave California's high court to join the D.C. Circuit. If I understand correctly, the D.C. Circuit takes a summer recess similar to that of the U.S. Supreme Court, and the D.C. Circuit stops hearing oral arguments sufficiently in advance of its recess so that all argued cases can be decided before that court heads for the hills. Indeed, the D.C. Circuit's current oral argument calendar indicates that the court has not heard oral argument since May 10, 2005. If my understanding of how the D.C. Circuit operates during the summer months is correct, Justice Brown could stay with the California Supreme Court for a while longer and still be on the D.C. Circuit when it again begins hearing cases in September.
Posted at 08:55 PM by Howard Bashman




"Fatal Shooting At Courthouse": The Hartford Courant provides this news update. And Connecticut attorney-blogger Norm Pattis has a post titled "Casualties at the Courthouse."
Posted at 08:35 PM by Howard Bashman



"A powerhouse of the right flexes muscle; Roe v. Wade could be overturned within a decade, says the president of the Family Research Council": This article will appear Thursday in The Christian Science Monitor.
Posted at 06:04 PM by Howard Bashman



See a close-up of the Justice Antonin Scalia bobblehead doll (animated, no less!): You can view the doll here, at The Green Bag's web site. Below the animated photograph, The Green Bag explains that not all of its subscribers as of April 1, 2005 will qualify for a copy of this collector's item. In particular, those who suggest that the doll does not resemble Justice Scalia won't be receiving a certificate, so be sure to keep any thoughts along those lines to yourself.
Posted at 06:00 PM by Howard Bashman



"Democrat joins high court; Napolitano ally creates 3-2 majority among Arizona's justices": This article appears today in The Arizona Republic.
Posted at 05:40 PM by Howard Bashman



"Court backs executive order barring Iran trade": Reuters provides this report on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.

Two other rulings that the Ninth Circuit issued today also merit mention. A unanimous three-judge panel issued a decision holding that citizens and residents of the Philippines could not invoke CERCLA to compel the United States government to clean-up environmental contamination allegedly present at Clark Air Force Base and Subic Naval Base in the Philippines.

And in a separate ruling, the majority on a divided three-judge panel held that a previously deported alien has not committed the federal criminal offense of being "found in" the United States when all the individual did after crossing the border was to go straight to the border station and present himself for entry. The case is made more interesting due to the fact that it involves a border crossing from Canada into Alaska and the majority opinion's author is the nation's northernmost federal appellate judge.
Posted at 05:20 PM by Howard Bashman




"House again defeats medical marijuana use": Reuters provides this report.

And The Associated Press provides a report headlined "House: Medical Marijuana a Federal Case."
Posted at 04:40 PM by Howard Bashman




"Appeals Court Sides With Duke Energy": The AP provides this coverage of a decision that the U.S. Court of Appeals for the Fourth Circuit issued today.
Posted at 04:38 PM by Howard Bashman



"Supreme Court's Image Declines as Nomination Battle Looms; Court Critics Now on Both Left and Right": The Pew Research Center for the People and the Press has issued this news release today. Additional background on this poll can be accessed here and here.

In news coverage, The Associated Press reports that "Poll: Public Image of Supreme Court Falls."
Posted at 04:34 PM by Howard Bashman




"SmithKline Beecham v. Apotex: A Conclusion?" The blog "Patently-O: Patent Law Blog" reports here on today's denial of rehearing en banc by the U.S. Court of Appeals for the Federal Circuit.
Posted at 03:30 PM by Howard Bashman



"Is Staying Home with Children 'Shirking Work' For Child Support Purposes? The Wisconsin Supreme Court Says No." FindLaw yesterday posted online this essay by commentator Joanna Grossman. Oddly, the folks at FindLaw (at least as of this moment) have linked to the wrong ruling (they link to this instead of this).
Posted at 03:03 PM by Howard Bashman



Who says that the Fourth Amendment is toothless in the war against drugs? A three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit, consisting of three rather conservative judges, today overturned a criminal defendant's convictions for being a felon in possession of a firearm, possessing marijuana with intent to distribute, and using and carrying a firearm in connection with a drug trafficking offense upon concluding that the police officers' community caretaking responsibilities did not under the circumstances presented permit them to enter the defendant's apartment without a warrant and without his consent. You can access today's ruling at this link.
Posted at 02:55 PM by Howard Bashman



"N.Y. Court Slashes Award in Def Jam Case": The Associated Press provides this report. You can access yesterday's Ja Rule-related ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 01:13 PM by Howard Bashman



"Schiavo autopsy shows massive brain damage": The Associated Press provides this report. You can access the autopsy at this link.
Posted at 12:54 PM by Howard Bashman



"One Shot to Death Outside Conn. Courthouse": The Associated Press provides this report.
Posted at 11:25 AM by Howard Bashman



First rock, then governorship? The Boston Globe yesterday contained an article headlined "Conservative's popularity may be problem for GOP; Ex-Alabama judge eyes governorship."
Posted at 10:20 AM by Howard Bashman



"A shorter list": Terence Jeffrey looks at who may be on the U.S. Supreme Court "short list" in this essay today at Townhall.com.
Posted at 10:18 AM by Howard Bashman



"Vacancy Fight Could Be Swift": Roll Call today contains an article (paid subscription required) that begins, "Girding for an imminent Supreme Court vacancy, some Senate Republicans are pushing to move the nominee through the Judiciary Committee in a matter of weeks rather than allowing more time for liberal opposition to mount throughout the summer. And in one of the most intriguing twists, Sen. John Cornyn (R-Texas), a key member of Judiciary, said Tuesday that the White House is considering putting off announcing who the nominee is - if there's an opening - until later in the summer to delay the amount of time liberal activists would have to attack the nomination."
Posted at 10:15 AM by Howard Bashman



Just in time for summer: Today a unanimous three-judge panel of the U.S. Court of Appeals for the Sixth Circuit affirmed a federal district court's injunction prohibiting the City of Athens, Ohio from installing barricades that restricted access to a Dairy Queen located there. You can access today's major appellate court victory for ice cream lovers at this link.
Posted at 10:10 AM by Howard Bashman



"Court Lets Law Graduate Sue GMU Over F": Jerry Markon has this article today in The Washington Post.

And Inside Higher Ed reports that "Appeals Court Revives Disability Lawsuit."

My earlier coverage of this interesting ruling from the U.S. Court of Appeals for the Fourth Circuit can be accessed here and here.
Posted at 09:54 AM by Howard Bashman




"Commercial use of Michigan groundwater at stake in suit": The Detroit Free Press today contains an article that begins, "Who owns the rights to Michigan's water is at the crux of a case argued before the state Court of Appeals in Lansing on Tuesday by lawyers for a bottling company and a citizens group."
Posted at 08:35 AM by Howard Bashman



In Sixth Circuit-related news: The home page of that court's web site notes that "David W. McKeague was sworn in June 13, 2005 as a Sixth Circuit Court of Appeals Judge."

The Associated Press reports that "Bush has chance to name at least five federal judges in Michigan."

And The Cincinnati Post yesterday contained an editorial entitled "Breaking the logjam" that begins, "Regardless of what you think about their politics, the arrival of two new judges to the shorthanded 6th U.S. Circuit Court of Appeals is a welcome development that will speed justice in the four states it serves."

In largely unrelated news, I am gaining admission to the bar of the Sixth Circuit in connection with a Brief for Appellants that I'm filing in that court today. That leaves the Second, Seventh, Eighth, and Tenth Circuits as the only federal appellate courts before which I have yet to be admitted to practice (although I have worked behind the scenes on appeals pending in all but the Tenth Circuit).
Posted at 08:32 AM by Howard Bashman




"SMU professor gets probation, $1,000 fine for hitting cyclist; Prosecutor, man who was struck call decision appropriate": The Dallas Morning News today contains an article that begins, "Jurors handed down the lightest possible punishment Tuesday to a Southern Methodist University professor who they convicted a day earlier for using her car to intentionally run down a bicyclist at White Rock Lake." As a result, this law professor defendant will not have to serve any time in jail.

The article concludes: "As a convicted felon, Ms. Dolkart could face professional punishment. She is a member of the Washington D.C. bar association, and an investigation is open into the incident. The bar association could suspend or revoke her license, Mr. Gibson said. She remains a tenured professor at SMU, although she's currently teaching law as a visiting professor at American University in Washington, D.C. SMU officials said that they will conduct their own inquiry into the charge."
Posted at 06:35 AM by Howard Bashman




"Laying Down a Challenge": The Los Angeles Times today contains an editorial that begins, "On Monday, the U.S. Supreme Court did the right thing in overturning the murder convictions of black defendants in California and Texas after determining that, in both cases, racial discrimination played a role in jury selection."
Posted at 06:34 AM by Howard Bashman



"Who'll Apologize for the Filibuster? The Senate should be ashamed of the tactic that killed anti-lynching legislation." Today in The Los Angeles Times, columnist Andres Martinez has this op-ed, which also discusses judicial filibusters.
Posted at 06:32 AM by Howard Bashman



"Court blocks records seizure; Planned Parenthood's patient files off-limits to state, pending appeal": This article appears today in The Indianapolis Star.
Posted at 06:25 AM by Howard Bashman



"Senate OKs Griffith for D.C. court": The Deseret Morning News contains this article today.

And The Salt Lake Tribune reports that "Senate confirms Griffith for court; Appeals bench: The vote is 73-24; Bush applauds action on a lawyer who is BYU's general counsel."
Posted at 06:22 AM by Howard Bashman




"N.J. gay couples lose marriage battle; Judges rule right not guaranteed": This article appears today in The Newark Star-Ledger.

And The Philadelphia Inquirer reports today that "Appeal on gay marriage falters."
Posted at 06:15 AM by Howard Bashman




In news from Florida: The St. Petersburg Times today contains articles headlined "Panel deliberates judge's plagiarism case; If the plagiarism allegations are deemed true, Greg Holder could face a reprimand or removal from the bench" and "Schiavo autopsy report to be released today."

And The Tampa Tribune today reports that "Panel's Decision On Judge Could Take Weeks."
Posted at 06:11 AM by Howard Bashman



Tuesday, June 14, 2005


"FBI Agent Testifies About Meetings With Al-Arian": This article appears today in The Tampa Tribune.

And The St. Petersburg Times reports today that "3 witnesses supply mixed impressions; Witnesses in the Sami Al-Arian trial offer information that may be useful to both sides."
Posted at 08:54 PM by Howard Bashman




"Diaz trial delayed; motorist held in death of lawyer's brother": The Associated Press reports here that "The judicial bribery trial of Mississippi Supreme Court Justice Oliver Diaz Jr. has been delayed until next week because of a death in the family of Diaz's attorney."

Yesterday, The Biloxi Sun Herald reported that "Tidbits aplenty in trial's first week."

And today that newspaper contains an editorial entitled "What is hidden in sealed files in judicial bribery case?"
Posted at 08:45 PM by Howard Bashman




"High court sides with diabetic; Low blood sugar has to be considered in attempt to kill wife": This article appears today in The Rocky Mountain News.

And The Denver Post today contains an article headlined "Low blood sugar upheld as defense for attacker; The Colorado Supreme Court rules in the case of a diabetic; If attorneys can show he was involuntarily intoxicated, he will be entitled to a new trial."

Yesterday's ruling of the Supreme Court of Colorado can be accessed here.
Posted at 08:00 PM by Howard Bashman




"Supreme Court upholds Ohio policy on violent inmates; Justices slam racial bias in juries": Michael McGough has this article today in The Pittsburgh Post-Gazette.
Posted at 07:50 PM by Howard Bashman



"Justices find race bias in jury pool; Death penalty verdict in Texas overturned": Jan Crawford Greenburg has this article today in The Chicago Tribune.

In The Boston Globe, Charlie Savage reports that "Death sentence conviction rejected; Court cites racial bias in selection of jury."

In The San Francisco Chronicle, Bob Egelko reports that "Top court gets tough on bias in jury picking; 1986 ban on using race to exclude jurors reaffirmed."

In The Baltimore Sun, Gail Gibson reports that "Court warns about bias in picking juries; Justices find prejudice in selection of jurors for Texas murder case; Second review by high court; 2 black defendants said panels limited to whites."

The Sacramento Bee reports that "Exclusion of potential jurors limited; High court's ruling curbs dismissals based on race in state."

The Dallas Morning News reports that "Miller-El decision disappoints parents."

The Fort Worth Star-Telegram reports that "Death Row conviction reversed."

The Houston Chronicle contains articles headlined "High court again slaps down Texas justice; Dallas murder conviction is set aside; justices say blacks left off Miller-El's jury" and "Attorney wins Supreme victory; Justices order a new trial for activist defender's death row client."

The San Antonio Express-News reports that "Texan's murder verdict is tossed."

And The Daily Texan reports that "Texas death row case overturned."

In commentary, The New York Times contains an editorial entitled "Prosecutorial Racial Bias in Texas."

The Washington Post contains an editorial entitled "Strike Against Bias."

The Dallas Morning News contains an editorial entitled "Court protects right to trial by jury of peers."

And The Houston Chronicle contains an editorial entitled "Short-circuited -- again; High court, in understandable disbelief, thwacks recalcitrant appellate bench on how the death penalty has been handled in Texas."
Posted at 07:38 PM by Howard Bashman




"What Was Scalia Thinking? Inside the tortured mind of a conservative Supreme Court justice." Mark Moller has this essay online today at Reason.
Posted at 06:50 PM by Howard Bashman



"Supreme Court stays away from cave bugs": The San Antonio Express-News today contains an article that begins, "The U.S. Supreme Court has refused to hear a challenge to the Endangered Species Act involving Central Texas cave bugs, squashing the hopes of property rights advocates but garnering cheers from environmentalists nationwide."

And The Austin American-Statesman contains an article headlined "Cave bugs, you're still protected; Supreme Court declines to look at Travis interstate commerce case."
Posted at 06:40 PM by Howard Bashman




"In A Postscript, Ross To Doctor: 'Checkmate.'" Today in The Hartford Courant, Lynne Tuohy has an article that begins, "Michael Ross had been dead several days when a psychiatrist who testified against his execution received a brief note from the serial killer."
Posted at 06:08 PM by Howard Bashman



The Associated Press is reporting: Gina Holland has an article headlined "Justice Suggests Radical Change to Trials."

An article reports that "Moussaoui Lawyers Fight Uphill Battle."

And in other news, "Schiavo Autopsy Report to Be Released."
Posted at 06:05 PM by Howard Bashman




"Holder Says Others Had Ax To Grind In Frame-Up": The Tampa Tribune today contains an article that begins:
Former Chief Judge F. Dennis Alvarez is a target in a sweeping federal and state corruption investigation stretching from the Hillsborough County courthouse to the Sheriff's Office, a sitting judge testified Monday.

The judge, Gregory P. Holder, spent eight months as an FBI informant in the corruption investigation, and is currently on trial for allegedly plagiarizing a research paper he wrote as an Air Force Reserve officer in 1997.

And in other coverage, The St. Petersburg Times reports today that "Judge names inquiry's targets."
Posted at 06:02 PM by Howard Bashman



"Blame flies in FAMU scandal; The suspended law school dean faults two former presidents for a controversial chair": This article appears today in The St. Petersburg Times.
Posted at 06:00 PM by Howard Bashman



"Statistical Significance of the Chief Justice's Potential Replacement": Kevin Russell has this post at "The Supreme Court Nomination Blog."

Of course, it's easy to measure the impact a given Justice's vote appears to have had in the past, but it's impossible to measure the impact that vote would have in the future in cases and on issues we cannot even imagine now.

Moreover, it is perhaps misleading to view a Justice as a disembodied "vote" on a case. For example, Justice William J. Brennan, Jr. had only one vote, but his success at consensus-building perhaps made his vote more valuable than the vote of a Justice who lacks the same ability to persuade, or interest in trying to persuade, four other colleagues on the Court to a particular result.
Posted at 05:55 PM by Howard Bashman




"Disorder in court? Demers demurs." Columnist Howard Troxler has this op-ed today in The St. Petersburg Times.
Posted at 05:28 PM by Howard Bashman



"Fort Trumbull Residents Now Wait As The Legal Dust Settles; Supreme Court Ruling in NL Eminent Domain Case Is Due This Month": The Day of New London, Connecticut contains this article today.
Posted at 04:54 PM by Howard Bashman



"Blood Simple: Killing a retarded inmate isn't that hard -- not if you have a cooperative psychiatrist." This article appears in the June 9, 2005 issue of The Pitch of Kansas City, Missouri.
Posted at 04:50 PM by Howard Bashman



"Greetings, and some thoughts on Supreme Court advocacy": Law Professor Trevor Morrison has this provocative post up at "PrawfsBlawg."

I too have been thinking recently about the impact of the quality of appellate advocacy on the result obtained, and I almost made that the subject of my June 2005 monthly appellate column before opting for a much less sexy (but much easier to write) topic.

For starters, I think all agree that in a perfect world courts would decide legal issues depending on the merits of the issue, so that quality of advocacy wouldn't matter. In the real world, however, that goal cannot be achieved, in part because a court's view of the merits may depend heavily on the quality of advocacy.

My tentative view is that quality of advocacy matters much more when a case is pending before an appellate court where the quality of advocacy is uneven. Thus, generalizing greatly from that observation, my view is that quality of advocacy makes much more of a difference in the U.S. Courts of Appeals and state appellate courts than before the U.S. Supreme Court, the latter of which is fortunate to have many cases in which all the advocates are of very high quality. Where advocacy on both sides of a case is uniformly high, a court is free to rule on the merits without having quality of advocacy determine the outcome.

Moreover, before deciding a given question on the merits, the U.S. Supreme Court agrees to decide the question on the merits. Thus, for example, in Gonzales v. Raich, the Court agreed to decide the question "whether Congress's Commerce Clause authority includes the power to prohibit the local cultivation and use of marijuana in compliance with California law." I think it unlikely that the answer to that question depended on who of many highly qualified appellate advocates was arguing which position. Of course, the impact that a particular appellate advocate has had on a given appeal isn't usually known until it is too late to do anything about it.

On a related point, I gather that appellate judges ordinarily view their rulings (unless otherwise indicated) as based on the merits of the legal arguments presented rather than based on the quality of appellate advocacy. And that is how legal issues should be decided by appellate courts whose rulings bind other courts.
Posted at 04:45 PM by Howard Bashman




"High Court Cites Racial Bias in Overturning Murder Case": This segment (RealPlayer required) appeared on today's broadcast of NPR's "Morning Edition."
Posted at 03:44 PM by Howard Bashman



In today's edition of The Wall Street Journal: Jess Bravin reports that "Supreme Court Warns Prosecutors On Racial Bias in Jury Selection."

Jess and a colleague also have an article headlined "Drug Makers Win Big Patent Victory; Justices Grant Exemption For Early-Stage Research In Case of Merck v. Integra."

And in other news, "High Court Leaves Ownership Limits In Media to FCC."

Pass-through links are provided for each of these articles.
Posted at 03:42 PM by Howard Bashman




At least The AP thought that yesterday's ConLaw exam headache-Eleventh Amendment ruling from the Fourth Circuit was worthy of mention: The Associated Press reports that "Lawsuit Against Va. Law School Reinstated."

Yesterday, I had a post titled "A law student's migraine headache during a ConLaw exam gives rise to a major Eleventh Amendment ruling from the Fourth Circuit" about the decision, a ruling that I had expected (incorrectly, thus far) would receive quite a bit of attention across the blawgosphere.
Posted at 03:32 PM by Howard Bashman




"Court Urged to Overturn Ariz. Benefits Law": David Kravets of The Associated Press provides a report that begins, "A federal appeals court was urged Monday to overturn a voter-approved Arizona law that denies welfare and other benefits to illegal immigrants."

Thanks to the Ninth Circuit's web site, you can download the oral argument audio (Windows Media format) in this interesting case by right-clicking on this link and saving the audio file to your computer.
Posted at 03:25 PM by Howard Bashman




"Napolitano picks longtime ally for state's high court": The Arizona Republic provides a news update that begins, "Gov. Janet Napolitano picked a longtime legal and political ally today for the Arizona Supreme Court, putting her stamp on the state's highest court that may soon have the final say in such politically charged topics as gay marriage and publicly financed elections. The selection of Scott Bales, legal experts say, should give Arizona one of the most talented courts in the country with three former United States Supreme Court clerks."

In retrospect, it's surprising that more States haven't figured out that to have one of the most talented state Supreme Court in the country, all that's required is having three former U.S. Supreme Court clerks serving on the court.
Posted at 03:15 PM by Howard Bashman




"N.J. Court Rules Against Same-Sex Couples": The Associated Press provides this report on today's ruling by a divided three-judge panel of the Appellate Division of the Superior Court of New Jersey.
Posted at 03:10 PM by Howard Bashman



"No jail time for SMU prof; Jury agrees she hit cyclist deliberately, gives her community service": The Dallas Morning News provides an update that begins, "A Southern Methodist University law professor who was found guilty of aggravated assault will not have to go to jail. A Dallas jury today sentenced Jane Dolkart to five years of probation and two years of community service."
Posted at 03:08 PM by Howard Bashman



"Senate Confirms Griffith for Appeals Court": Jesse J. Holland of The Associated Press reports here that "The Senate on Tuesday confirmed one of its former lawyers, Thomas B. Griffith, to sit on the U.S. Appeals Court, the sixth judge it has elevated to the federal appellate court in the last month."

And Thomas Ferraro of Reuters reports that "Senate confirms a sixth Bush judicial nominee."

You can access today's roll call tally of the U.S. Senate on the nomination of Thomas B. Griffith to serve on the U.S. Court of Appeals for the D.C. Circuit at this link. The vote was 73-24 in favor of confirmation.

The group People For the American Way isn't happy with the result of today's vote.

And in pre-vote news coverage, The Salt Lake Tribune today contains an article headlined "Yes vote on Griffith likely today; BYU counsel, appeals court nominee, praised in Senate."
Posted at 03:00 PM by Howard Bashman




Hazy, hot, and humid: I'm back from my oral argument today in the Superior Court of Pennsylvania. Due to the disappearance of some cases ahead of mine on the oral argument list, my argument occurred before the court took its lunch break. And the argument itself appeared to go quite well.

The joys of oral argument are such that having to wear a suit and tie on a day when the high temperature is 95 degrees and the heat index is 105 gives no cause for complaint. Plus, now I'm prepared for my blog-related speaking appearance as the luncheon guest of the Houston Bar Association's Appellate Practice Section on Wednesday, July 27, 2005.
Posted at 02:54 PM by Howard Bashman




"Does Ohio's 'Grandparent Visitation Law' Violate Parents' Constitutional Right to Control of Child?" The Office of Public Information of the Supreme Court of Ohio provides this background about a case to be argued today before Ohio's highest court.

That court streams live video coverage of oral arguments across the internet and also allows on-demand access over the internet to past oral arguments. You can access these video options via this link.

Some may recall that last month, I argued a similar case before the Supreme Court of Pennsylvania (see here, here, and here).
Posted at 06:20 AM by Howard Bashman




"SMU prof found guilty; Jury agrees she hit cyclist deliberately; sentencing is today": The Dallas Morning News today contains an article that begins, "A Southern Methodist University law professor was convicted of aggravated assault Monday after jurors in her trial agreed that she used her car as a deadly weapon and intentionally struck a bicyclist riding at White Rock Lake last May." The article goes on to note that "The tenured labor and employment law professor faces probation to 20 years in prison for the second-degree felony charge." My most recent earlier coverage is here.
Posted at 06:15 AM by Howard Bashman


Monday, June 13, 2005


On the agenda: At 10 a.m. Tuesday, the U.S. Senate is scheduled to vote up-or-down on the nomination of Thomas B. Griffith to serve on the U.S. Court of Appeals for the D.C. Circuit. C-SPAN2 will provide live coverage (RealPlayer required). After the vote occurs, the official roll call tally will be available via this link.

I will be away from the computer for much of the day on Tuesday, as I will be arguing an appeal before a three-judge panel of the Superior Court of Pennsylvania sitting in Philadelphia. My client's case is fifteenth on the argument list, but all counsel are expected to be present when court convenes at 9:30 a.m.
Posted at 11:50 PM by Howard Bashman




"Justices Overturn Verdict, Cite Race; Blacks Unjustly Kept off Texas Jury": Charles Lane will have this front page article in Tuesday's issue of The Washington Post.

David G. Savage will have an article headlined "Justices Target Race Bias in Juries" in Tuesday's edition of The Los Angeles Times.

In Tuesday's edition of The Chicago Tribune Jan Crawford Greenburg will report that "Supreme Court overturns Texas death sentence conviction."

In Tuesday's edition of The Dallas Morning News, Allen Pusey will have an article headlined "Dallas death verdict reversed; Supreme Court overturns case, citing racial exclusion in jury."

In Tuesday's edition of USA Today, Joan Biskupic will have articles headlined "Court says bias unacceptable in picking jury" and "High court upholds Ohio's 'supermax' prison policy."

In Tuesday's edition of The New York Times, Linda Greenhouse will report that "States' Case Challenging Species Act Is Rebuffed."

The Los Angeles Times provides a news update headlined "Supreme Court Declines to Hear Appeal on Media Ownership Curbs."

And E! Online News reports that "Supremes Back Beasties' License to Ill."
Posted at 11:40 PM by Howard Bashman




"Limits on Media Ownership Stand; Supreme Court Declines to Hear Appeal": This article will appear Tuesday in The Washington Post.
Posted at 10:14 PM by Howard Bashman



The New York Times is reporting: In Tuesday's newspaper, Linda Greenhouse will have an article headlined "Supreme Court Rules for Texan on Death Row."

And an article will report that "Court Expands Rivals' Rights to Experiment With Patented Drugs."

Today's newspaper, meanwhile, contains an article headlined "For BlackBerry Maker, Anxiety Rises as a Deal Unravels."
Posted at 10:04 PM by Howard Bashman




Over at "Southern Appeal," "Feddie" reminds us that he was right and I was wrong: Details here. And in answer to my question from last night, Eleventh Circuit Judge William H. Pryor, Jr. receives a new commission due to last week's favorable up-or-down vote in the U.S. Senate, meaning that a new swearing-in ceremony is necessary.

My post from last night also asked, "if a new swearing-in is necessary, would a former recess appointee who was confirmed to a lifetime spot on the court before his or her recess appointment expired retain seniority over another judge who was confirmed to a lifetime spot on the same court after the recess appointment occurred but before the Senate got around to confirming the recess appointee's nomination?" In response to that question, several readers have emailed to note that 28 U.S.C. sec. 45(b) suggests that a recess appointee who is later confirmed to a lifetime post on an Article III court would have his or her post-confirmation seniority measured by the date of the later, lifetime commission.
Posted at 10:02 PM by Howard Bashman




"Diabetic to Argue Involuntary Intoxication": The Associated Press provides this report concerning today's 4-3 ruling of the Supreme Court of Colorado.
Posted at 07:45 PM by Howard Bashman



"Take God to Work Day: Why the law shouldn't bend over backward for religious employees." Law Professor Richard Thompson Ford has this jurisprudence essay online today at Slate.
Posted at 07:32 PM by Howard Bashman



"Supreme Court Rulings": Today's broadcast of the public radio program "Here and Now" included this segment (RealPlayer required) featuring Lyle Denniston.
Posted at 07:28 PM by Howard Bashman



"Supreme Court clarifies unconstitutionality of race in jury selection": Stephen Henderson of Knight Ridder Newspapers provides this report.
Posted at 07:15 PM by Howard Bashman



"Ohio faces distant fight for workers' comp loss; Legal battle may stretch to Bermuda, Britain": The Toledo Blade yesterday contained an article that begins, "If all goes wrong, Ohio Attorney General Jim Petro could end up in England before a panel of 'silks' in the House of Lords as he argues his case for Ohio's injured workers. The Republican gubernatorial candidate's case might get to London and to the legal world of barristers and wigs by way of the British commonwealth of Bermuda."
Posted at 07:04 PM by Howard Bashman



"Supreme Court Upholds Supermax Prison Review": This segment (RealPlayer required) appeared on this evening's broadcast of NPR's "All Things Considered."
Posted at 07:00 PM by Howard Bashman



On this evening's broadcast of NPR's "All Things Considered": The broadcast contained segments entitled "High Court Voids Texas Death Sentence" (featuring Nina Totenberg); "Beastie Boys Sampling Case Tossed from Court"; and "Linking Torture Tolerance to Safety Threat." RealPlayer is required to launch these audio files.
Posted at 06:18 PM by Howard Bashman



News updates available online from Legal Times: Tony Mauro has updates headlined "Supreme Court Overturns Death Penalty Conviction on Basis of Racial Bias" and "Supreme Court Allows Patented Compounds in Drug Companies' Research."
Posted at 06:08 PM by Howard Bashman



"Court hits jury race bias; Rulings boost ability to challenge jury selection on racial grounds": Warren Richey will have this article Tuesday in The Christian Science Monitor.
Posted at 05:58 PM by Howard Bashman



"High court reverses Miller-El conviction": Allen Pusey of The Dallas Morning News provides this news update.
Posted at 05:55 PM by Howard Bashman



"Jackson Found Not Guilty on All Counts": The Los Angeles Times provides this news update.
Posted at 05:54 PM by Howard Bashman



BREAKING NEWS -- "Michael Jackson Acquitted on All Counts": The Associated Press provides this report.
Posted at 05:20 PM by Howard Bashman



Announcement of the Michael Jackson verdicts should be underway momentarily: WTOP-AM Radio in Washington, DC is providing live coverage from CBS Radio News. You can listen live by clicking here (RealPlayer required).

Update: Not guilty on all ten criminal charges.
Posted at 05:10 PM by Howard Bashman




The wire services are reporting: Reuters reports that "US court to decide Wachovia appeal on jurisdiction."

And The Associated Press reports that "BlackBerry Patent Tussle Continues."
Posted at 04:44 PM by Howard Bashman




"Free to Be FREE": The Wall Street Journal today contains an editorial (pass-through link) that begins, "Congratulations to federal appellate Judge Danny Boggs, who was vindicated this month on a question of judicial ethics. His victory is shared by all federal judges who attend privately funded judicial seminars with the honorable goal of learning something." Additional details can be found in this post of mine from earlier today.
Posted at 04:25 PM by Howard Bashman



"Jurors reach verdict in Michael Jackson trial": Reuters provides this report.
Posted at 04:14 PM by Howard Bashman



"Michael Jackson Jury Reaches Verdicts": The Associated Press provides this report.

And The Los Angeles Times provides a news update headlined "Jackson Jury Reaches Verdict."
Posted at 03:46 PM by Howard Bashman




BREAKING NEWS -- "Jurors in the Michael Jackson child molestation trial have informed the trial judge they have reached a verdict." That's what CNN.com is reporting. The verdict will be read in open court at 4:30 p.m. eastern time.
Posted at 03:40 PM by Howard Bashman



"Justices Make It Easier for California Defendants to Claim Racial Bias; High Court also overturns Texas murder conviction handed down by mostly-white jury": David G. Savage of The Los Angeles Times provides this news update.
Posted at 03:14 PM by Howard Bashman



"Slate's Jurisprudence: Court Passes on Padilla Case." Today's broadcast of NPR's "Day to Day" included this segment (RealPlayer required) featuring Emily Bazelon.
Posted at 03:10 PM by Howard Bashman



A law student's migraine headache during a ConLaw exam gives rise to a major Eleventh Amendment ruling from the Fourth Circuit: You can access today's ruling of the U.S. Court of Appeals for the Fourth Circuit at this link. In particular, a unanimous three-judge panel has ruled, in an opinion by Circuit Judge Dennis W. Shedd, that "Title II of the ADA is valid Section 5 legislation, at least as it applies to public higher education" and that "[b]ecause Congress clearly expressed its intention to abrogate the States' Eleventh Amendment immunity, and did so pursuant to a valid exercise of constitutional authority, the Eleventh Amendment poses no bar to [plaintiff's] claims under Title II of the ADA."

Thus, while today's ruling may relieve the headache that Law Professor Nelson Lund's Constitutional Law exam inflicted on this particular student, it's possible that the ruling may soon be inflicting headaches on many more law students come exam time next semester.
Posted at 02:45 PM by Howard Bashman




C-SPAN has posted online the video of the Ninth Circuit's recent oral argument in Harper v. Poway Unified School District: The oral argument was featured on this past Saturday's broadcast of C-SPAN's "America & the Courts," on whose web page the following description appears:
The Ninth Circuit Court of Appeals hears oral argument in the case of Harper v. Poway Unified School District in Pasadena, California Monday. The case involves a Christian high school student suspended for wearing a T-shirt that read "homosexuality is shameful" at an event hosted by the school's Gay-Straight Alliance Club.
You can view the oral argument by clicking here (RealPlayer required). My earlier coverage of the case can be accessed here.
Posted at 02:25 PM by Howard Bashman



"Court: Prison Assignment May Be Challenged." Gina Holland of The Associated Press provides this report.
Posted at 02:14 PM by Howard Bashman



"US high court declines media ownership challenges": Reuters provides this updated report.
Posted at 01:05 PM by Howard Bashman



"Judge tosses complaint against FREE board member": As I originally noted here this morning, last week The Bozeman Daily Chronicle pubished an article that begins:
A federal judge has thrown out an ethics complaint alleging another judge's participation with a Bozeman libertarian think tank could sway his rulings on environmental cases.

James Loken, chief judge of the U.S. Court of Appeals for the 8th Circuit, ruled that the complaint filed by the Washington, D.C.-based Community Rights Council against Judge Danny Boggs lacked merit. Boggs is chief judge of the 6th Circuit Court in Kentucky and a board member of the Bozeman-based Foundation for Research on Economics and the Environment, a think tank funded by foundations and corporate interests.

Community Rights Counsel, which filed the ethics complaint against Sixth Circuit Chief Judge Danny J. Boggs, has posted a copy of the ruling dismissing its complaint. The organization, in response, has issued a news release accompanied by a copy of a letter the organization has sent to Justice Stephen G. Breyer.

The procedures permit CRC to seek further review of the dismissal of its complaint. Back on May 7, 2005, I had a lengthy post noting that several other federal judges had resigned from FREE's board in response to ethics complaints from CRC. Only time will tell whether the disposition of CRC's complaint against Chief Judge Boggs will lead these judges to rejoin FREE's board.
Posted at 12:30 PM by Howard Bashman




"Unforgiven: William Haynes doesn't deserve to be filibustered for the Justice Department's alleged sins, but deserves got nothing to do with it." Paul Mirengoff has this essay online today at The Weekly Standard.
Posted at 12:24 PM by Howard Bashman



"Court Won't Review Beastie Boys Lawsuit": The Associated Press provides this report.
Posted at 12:20 PM by Howard Bashman



"Kavanaugh's Nomination on Indefinite Hold": Edward Whelan offers this post and this update over at National Review Online's "Bench Memos" blog.
Posted at 11:04 AM by Howard Bashman



In news relating to last Friday's stay order that the U.S. Supreme Court issued in a criminal case from Wisconsin: On Friday, the Court issued this order. In news coverage, The Associated Press reports that "High court blocks release of accused rapist" and "State appeals Moeck case to U.S. Supreme Court."
Posted at 10:44 AM by Howard Bashman



Today's U.S. Supreme Court Order List and opinions in argued cases: The Supreme Court of the United States has issued six opinions in argued cases today.

1. In Miller-El v. Dretke, No. 03-9659, Justice David H. Souter delivered the opinion of the Court. You can access the syllabus here; Justice Souter's opinion here; Justice Stephen G. Breyer's concurring opinion here; Justice Clarence Thomas's dissenting opinion here; and the oral argument transcript here.

2. In Grable & Sons Metal Products, Inc. v. Darue Engineering & Mfg., No. 04-603, Justice Souter delivered the opinion for a unanimous court. You can access the syllabus here; Justice Souter's opinion here; Justice Thomas's concurring opinion here; and the oral argument transcript here.

3. In Wilkinson v. Austin, No. 04-495, Justice Anthony M. Kennedy delivered the opinion for a unanimous Court. You can access the syllabus here; Justice Kennedy's opinion here; and the oral argument transcript here.

4. In Merck KGaA v. Integra Lifesciences I, Ltd., No. 03-1237, Justice Antonin Scalia delivered the opinion for a unanimous Court. You can access the syllabus here; Justice Scalia's opinion here; and the oral argument transcript here.

5. In Bradshaw v. Stumpf, No. 04-637, Justice Sandra Day O'Connor delivered the opinion for a unanimous Court. You can access the syllabus here; Justice O'Connor's opinion here; Justice Souter's concurring opinion here; Justice Thomas's concurring opinion here; and the oral argument transcript here.

6. In Johnson v. California, No. 04-6964, Justice John Paul Stevens delivered the opinion of the Court. You can access the syllabus here; Justice Stevens' opinion here; Justice Breyer's concurring opinion here; Justice Thomas's dissenting opinion here; and the oral argument transcript here.

Today's Order List can be accessed here. The Court today granted review in one case, from which Justice Clarence Thomas appears to be recused.

At "SCOTUSblog," Lyle Denniston provides this early coverage, including word that the Court denied review of the Fifth Circuit's ruling in the cave species case, which presented a very interesting Commerce Clause question. (The Fifth Circuit's ruling is here, and Circuit Judge Edith H. Jones's dissent from the denial of rehearing en banc, in which a total of six judges joined, is here.)

In early news coverage, Hope Yen of The Associated Press reports that "Death Row Inmate's Conviction Overturned"; "Drug Patents Don't Bar Rival Research"; and "Court Won't Rule on Media Ownership Rules." The AP's Gina Holland reports that "High Court Rejects Enemy Combatant Appeal." And The AP also reports that "High Court Clarifies Racial Bias Standard." Meanwhile, James Vicini of Reuters reports that "Court rejects terrorism suspect Padilla's appeal"; "Justices rule for death row inmate on jury bias"; and "US court extends drug research patent protection." And Reuters also reports that "US high court declines media ownership challenges."

The Court will next issue opinions and orders on Monday, June 20, 2005.
Posted at 10:00 AM by Howard Bashman




"Divorcee's Appeal Tossed Due to 'Excessive' Issues": The Legal Intelligencer today contains an article (subscription required) that begins, "The Superior Court tossed out a woman's appeal of her divorce case last week after finding she had violated civil procedural rules by flooding the court with an 'excessive' number of appellate issues in statements that were 'lengthy and unmanageable.'" You can access last Wednesday's ruling of the Superior Court of Pennsylvania at this link.

One of the cases that the Superior Court cites in support of its ruling was the subject of my January 2005 monthly appellate column titled "Attempting To Preserve 104 Issues For Appeal Results In The Preservation Of None."
Posted at 09:55 AM by Howard Bashman




"Good news: Both sides sore." Columnist John Brummett of the Arkansas News Bureau today has an essay that begins, "Disencumbered of filibuster, the U.S. Senate confirmed last week the Bush administration's nominee to the nation's most important federal appellate court."
Posted at 09:33 AM by Howard Bashman



"confirmthis.com: Girding for a possible Supreme Court battle in the age of the Internet." This article appears today in Legal Times.
Posted at 09:30 AM by Howard Bashman



The Orlando Sentinel is reporting: Today's newspaper contains an article headlined "FAMU ouster bares conflicts; Leaders point fingers over an audit that put a dean on leave."

Last Thursday, the newspaper reported that "Jury clears Learjet in '99 Stewart crash; The families of the pro golfer and his agent lose their bid for a $200 million judgment."

And yesterday, the newspaper contained an article headlined "Tracey Stewart still protects family privacy; The widow of the Orlando golfer chooses to remain out of the public eye."
Posted at 08:20 AM by Howard Bashman




"Liberal Drug Warriors! Conservative Pot-Coddlers!" Stuart Taylor Jr. has this essay today in National Journal.
Posted at 08:15 AM by Howard Bashman



On today's episode of The Jerry Springer Show: On Friday, Sixth Circuit Judge Jeffrey S. Sutton issued a dissenting opinion that begins, "When a man marries two different women twice and is murdered by the brother of his second wife, it is perhaps unsurprising when a dispute arises about the proper beneficiary of his pension assets and it is perhaps unsurprising when the parties fail to resolve that dispute quickly."
Posted at 07:24 AM by Howard Bashman



"6th Circuit judges tilt court to the conservative; Reshaped judiciary may signal a shift in rulings": This article appears today in The Cincinnati Enquirer.
Posted at 07:20 AM by Howard Bashman



"Commandment suit a win either way for plaintiff": The Dallas Morning News today contains an article that begins, "Thomas Van Orden suspects the decision on his case will be handed down by the U.S. Supreme Court today and that he will lose. But for a man who wrote his legal notes on the back of paper recovered from wastebaskets, he considers his litigation to remove the Capitol grounds' Ten Commandments a success."
Posted at 07:18 AM by Howard Bashman



"The Left's Supreme Effort: A coalition of liberal groups is gearing up for the mother of all high court battles." The June 20, 2005 issue of BusinessWeek contains this article and a related graphic.
Posted at 07:15 AM by Howard Bashman



"New trial for Wittig this week; The prosecution doesn't seem to be making any changes in the retrial of the former Westar chief": This article appears today in The Wichita Eagle.

And The Topeka Capital-Journal reports today that "Retrial draws national notice; Former Westar execs may be seen as standard for comparison."
Posted at 07:12 AM by Howard Bashman




"Still stuck in the middle": Today in The Detroit Free Press, columnist Brian Dickerson has an op-ed that begins, "The state Supreme Court is Michigan's court of last resort -- the ultimate arbiter, for practical purposes, of everything from gay marriage to whether Michiganders can walk the shores of the Great Lakes without violating someone's property rights." See also this earlier post of mine on a related topic.
Posted at 07:10 AM by Howard Bashman



"Griswold case set stage for abortion ruling": The New Haven Register contains this article today.
Posted at 07:05 AM by Howard Bashman



"Courting the clerks: A few firms corner market on hiring high court clerks." This article appears today in The National Law Journal.
Posted at 07:04 AM by Howard Bashman



"Judge tosses complaint against FREE board member": Last Wednesday's edition of The Bozeman Daily Chronicle contained an article that begins:
A federal judge has thrown out an ethics complaint alleging another judge's participation with a Bozeman libertarian think tank could sway his rulings on environmental cases.

James Loken, chief judge of the U.S. Court of Appeals for the 8th Circuit, ruled that the complaint filed by the Washington, D.C.-based Community Rights Council against Judge Danny Boggs lacked merit.

You can access the ethics complaint at this link. A copy of the ruling does not yet appear to be available online.
Posted at 07:00 AM by Howard Bashman



"Church-State Separation Fight Engulfs Upkeep of Missions": Josh Gerstein has this article today in The New York Sun.
Posted at 06:54 AM by Howard Bashman



"Senate Democrats develop new filibuster strategy": This article appears today in The Washington Times.
Posted at 06:50 AM by Howard Bashman



"Confirmation expected for BYU lawyer": The Daily Herald of Provo, Utah today contains an article that begins, "The U.S. Senate is expected to confirm on Monday the controversial appointment of Thomas B. Griffith to the most influential federal appeals court in Washington, D.C."
Posted at 06:34 AM by Howard Bashman


Sunday, June 12, 2005


"What about Brett? You can't throw talented and loyal Republicans like Brett Kavanaugh under the bus for personal convenience." Hugh Hewitt has this essay in the current issue of World Magazine.
Posted at 11:58 PM by Howard Bashman



"Did GOP senators 'nuke' their own party?" Stan Cohen has this op-ed today in The Orange County (Cal.) Register.
Posted at 11:57 PM by Howard Bashman



"Commerce clause is infinitely elastic": Today in The Denver Post, columnist Ed Quillen has this op-ed.
Posted at 11:55 PM by Howard Bashman



"Florida court scandals had their own Deep Throat": Today in The St. Petersburg Times, columnist Martin Dyckman has this op-ed.
Posted at 11:52 PM by Howard Bashman



"A truly conservative court": Columnist Thomas Oliphant has this op-ed today in The Boston Globe.
Posted at 11:50 PM by Howard Bashman



"Some Held at Guantanamo Are Minors, Lawyers Say": Neil A. Lewis will have this article Monday in The New York Times.
Posted at 11:35 PM by Howard Bashman



The power of negative thinking: The Dallas Morning News on Monday will contain an article headlined "Plaintiff expects to lose Commandments case at Supreme Court" that begins, "Thomas Van Orden suspects the decision on his case will be handed down by the U.S. Supreme Court today and that he will lose."
Posted at 10:58 PM by Howard Bashman



"Fletcher picks justice; General counsel to join high court": Yesterday, The Louisville Courier-Journal contained an article that begins, "Gov. Ernie Fletcher named General Counsel John Roach yesterday to fill a Kentucky Supreme Court vacancy, choosing the youngest of three candidates and the only one with no experience as a judge. Fletcher acknowledged the move was politically risky, but he said Roach, 38, shares his belief in separation of powers and feels that courts should interpret the law and not infringe on the legislature's power to write it."

And yesterday, The Lexington Herald-Leader contained an article headlined "Roach named to Supreme Court; Some Democrats call Fletcher's choice cronyism."
Posted at 10:28 PM by Howard Bashman




"Immigration Law as Anti-Terror Tool": This article, the second in a two-part series, will appear Monday in The Washington Post. My links to the first article in the series and accompanying material, all of which appeared today in that newspaper, can be accessed here.
Posted at 10:15 PM by Howard Bashman



Sworn in again? On Friday, The Mobile Register contained an article headlined "Senate confirms Pryor for bench."

In the fourth paragraph of the article, its author writes, "As of late Thursday afternoon, no date for a formal swearing-in ceremony had been set."

Of course, Eleventh Circuit Judge William H. Pryor, Jr. has already been sworn in as a judge on that court as a result of the recess appointment that he received from President Bush, and before that recess appointment was due to expire later this year the U.S. Senate confirmed him to a lifetime seat on that court.

All of this raises the question whether there is in fact any requirement in the law that Judge Pryor, given his recent Senate confirmation, be sworn-in again to the post that he already holds. If you happen to know the answer to that question and are willing to share that answer with me, please forward it along to me via email.

And if a new swearing-in is necessary, would a former recess appointee who was confirmed to a lifetime spot on the court before his or her recess appointment expired retain seniority over another judge who was confirmed to a lifetime spot on the same court after the recess appointment occurred but before the Senate got around to confirming the recess appointee's nomination?
Posted at 09:15 PM by Howard Bashman




"Justice Brown defines extremism": Rose Russell had this op-ed yesterday in The Toledo Blade.
Posted at 09:00 PM by Howard Bashman



"'Mainstream' tougher to define than politicians think": Steven Thomma of Knight Ridder Newspapers has an article that begins, "The Senate's fight over federal judges this week, like the coming fight over one or more Supreme Court nominations, was waged in a stream. The mainstream, that is."
Posted at 08:58 PM by Howard Bashman



"Williams: Judiciary under siege; The chief justice presents an argument that travels from the slayings of one judge and family members of another to a plea for higher judicial salaries in Rhode Island." This article appeared yesterday in The Providence Journal.
Posted at 08:55 PM by Howard Bashman



"Rehnquist's Legacy: A Balanced Court." FOXNews.com provides this news analysis.
Posted at 08:54 PM by Howard Bashman



On today's broadcast of NPR's "Weekend Edition - Sunday": The broadcast contained segments entitled "Many Bush Judicial Nominees Remain in Limbo"; "'Kennewick' Case Fails to End Battle over Bones"; and "Miami Beach Buffer Zones Target Sex Offenders." RealPlayer is required to launch these audio segments.
Posted at 08:00 PM by Howard Bashman



"Critiquing the supremes": Today in The Arkansas Democrat-Gazette, Meredith Oakley has an essay that begins, "There are reasons why Arkansas Supreme Court justices serve staggered terms of eight years each. For one thing, it retards attempts to throw the rascals out."
Posted at 05:32 PM by Howard Bashman



"Don't expect a storm over state high court pick": Today in The San Jose Mercury News, Phil Yost has an essay that begins, "The controversial addition of Janice Rogers Brown to the federal appeals court in the District of Columbia means a subtraction from the California Supreme Court, where Brown has sat since 1996, and an opportunity for Gov. Arnold Schwarzenegger."
Posted at 05:30 PM by Howard Bashman



"A small town's big case and the man who won it": The Post-Standard of Syracuse, New York today contains this article profiling the attorney who prevailed before the U.S. Supreme Court in City of Sherrill v. Oneida Indian Nation of N.Y.
Posted at 05:28 PM by Howard Bashman



"In Gitmo, diet rich in carbs, lean on rights": Carl Hiaasen has this op-ed today in The Miami Herald.
Posted at 05:22 PM by Howard Bashman



"Efforts to curb abortion proliferate at state level; Abortion foes try to chip away at Roe v. Wade, most recently through laws focusing on 'personhood' of a fetus": This article will appear Monday in The Christian Science Monitor.
Posted at 05:20 PM by Howard Bashman



"TC native ready for appellate court work; Judge practiced law, raised family in area": Today's edition of The Traverse City Record-Eagle contains an article that begins, "His nomination took three years, bogged down in politics, but newly appointed U.S. 6th Circuit Court of Appeals Judge Richard Griffin is ready to get to work." The newspaper's home page today also offers a photo of Judge Griffin together with his wife, one of their three daughters, and the family's dog, Happy Gilmore.
Posted at 05:15 PM by Howard Bashman



Philadelphia Phillies 6, Milwaukee Brewers 2: I had the pleasure of attending today's Phillies-Brewers game with my son, and the game not only had a pleasing outcome, but it also was over rather quickly by today's standards. You can access two wrap-ups and the box score at this link.
Posted at 05:05 PM by Howard Bashman



"A Shift Back to Stronger Central Government": This graphic accompanies Linda Greenhouse's Week in Review article headlined "The Rehnquist Court and Its Imperiled States' Rights Legacy" published today in The New York Times.
Posted at 08:54 AM by Howard Bashman



"The Center Can Hold": The New York Times today contains an editorial that begins, "For those who think Washington is too bitterly divided, which is almost everyone, some relief could be in sight. The bipartisan 'gang of 14' that struck a deal to save the filibuster could start to be a powerful force for centrism on the most divisive issue on Capitol Hill - judicial nominations."
Posted at 08:48 AM by Howard Bashman



In news from North Dakota: The Forum of Fargo, North Dakota yesterday contained an article headlined "Hoeven names judge: Longtime Fargo lawyer gets seat" that begins, "Gov. John Hoeven appointed veteran Fargo lawyer Daniel Crothers to the North Dakota Supreme Court on Friday."

The North Dakota Supreme Court offers a news release headlined "Governor appoints Crothers to Supreme Court," and additional links to related items can be found at the bottom of that page. Finally, Friday's news release from North Dakota's Governor can be accessed here.
Posted at 08:05 AM by Howard Bashman




"Defeated candidate loses fight over flier; It's crass but doesn't defame, judge says": This article appears today in The Chicago Tribune. Additional coverage can be found in this post of mine from last night.
Posted at 07:58 AM by Howard Bashman



"Handicapping The Kelo Case Is A Difficult Call; Supreme Court ruling in New London eminent domain case could come tomorrow": The Day of New London, Connecticut contains this article today.
Posted at 07:55 AM by Howard Bashman



"Court seals rape-therapist data; Air Force bid put on hold": This article appears today in The Denver Post.
Posted at 07:54 AM by Howard Bashman



"With little fanfare, religious freedom wins big at Supreme Court": Charles C. Haynes has this essay online today at the First Amendment Center.
Posted at 07:50 AM by Howard Bashman


Saturday, June 11, 2005


"Maag's $110 defamation suit dismissed": The Madison County (Ill.) Record on Friday provided an article that begins, "The $110 million defamation lawsuit filed by Gordon E. Maag, who lost a costly and contentious race for Illinois Supreme Court justice last November, was dismissed by Seventh Circuit Judge Patrick Kelley today." You can access a copy of yesterday's ruling dismissing the lawsuit at this link.

In other coverage, The Telegraph of Alton, Illinois reports today that "Judge throws out Maag's suit; Defeated judicial candidate claimed flier defamed him."

And The St. Louis Post-Dispatch reports today that "Maag's lawsuit over campaign is dismissed."
Posted at 11:58 PM by Howard Bashman




In news from Mississippi: The Biloxi Sun Herald today contains an article headlined "Judge sued to reveal filings" that begins, "The Sun Herald is asking the U.S. 5th Circuit Court of Appeals to order a federal court trial judge to open files sealed in a judicial bribery case being tried in Jackson." The newspaper has posted online a copy of its writ of mandamus at this link.

Earlier this week, The Sun Herald's coverage of the trial consisted of articles headlined:

And The Clarion-Ledger of Jackson, Mississippi this past week published articles headlined:Justice Oliver E. Diaz, Jr. joined the Supreme Court of Mississippi in January 2001.
Posted at 11:54 PM by Howard Bashman



"Ex-detective's appeal takes an unusual turn; State high court wants to know if justice was served in murder case": The Milwaukee Journal Sentinel today contains this article reporting on an opinion and order that the Supreme Court of Wisconsin issued yesterday.

And in other coverage, The Green Bay Press-Gazette reports today that "State Supreme Court opens door for review in Maloney case; Appeal rejected; murder conviction not upheld."
Posted at 11:40 PM by Howard Bashman




"Brave act by a woman in sensible shoes": Today in The Rocky Mountain News, columnist Mike Littwin has this essay about rape counselor Jen Bier, who is now before the U.S. Court of Appeals for the Tenth Circuit opposing a subpoena for the records of a client she treated.
Posted at 11:34 PM by Howard Bashman



"Judge Is Boxed In in Tobacco Lawsuit": This news analysis appears today in The Los Angeles Times.
Posted at 11:30 PM by Howard Bashman



"Judge clears Hatch sisters, says charges didn't hold up": The Minneapolis Star Tribune today contains an article that begins, "Anne and Elizabeth Hatch were acquitted Friday on all counts in a low-level criminal case that placed them in the center ring of a Chicago news media circus largely because their father is Minnesota Attorney General Mike Hatch."

The Chicago Tribune reports today that "Hatch sisters cleared; State's witnesses' reports of a fight with police outside a bar were contradictory, judge says."

And The Chicago Sun-Times reports today that "Judge says Hatch sisters not guilty."
Posted at 11:22 PM by Howard Bashman




Justice's resignation delayed is Justice's resignation denied? Imagine a Supreme Court Justice's announcing plans to resign only to declare some five month's later that she had changed her mind. Well, that's what Michigan residents heard yesterday from Justice Elizabeth A. Weaver.

In news coverage, The Detroit Free Press reports today that "Justice is staying on the bench." And The Associated Press reports that "State supreme Court justice delays plans to step down."
Posted at 10:30 PM by Howard Bashman




"The Rehnquist Court and Its Imperiled States' Rights Legacy": Linda Greenhouse will have this article in the Week in Review section of Sunday's edition of The New York Times.
Posted at 10:20 PM by Howard Bashman



"U.S. Campaign Produces Few Convictions on Terrorism Charges; Statistics Often Count Lesser Crimes": This front page article, the first in a two-part series, will appear Sunday in The Washington Post.

Sunday's newspaper will also contain related articles headlined "The Terrorism Case That Wasn't -- and Still Is"; "Post-9/11 Probe Revived Stolen-Cereal Incident"; and "A Case-by-Case Examination." And two related graphics are headlined "330 Suspects Charged" and "Narrowing the Field."
Posted at 10:14 PM by Howard Bashman




"Center Court: Unelected judges aren't thwarting the will of the people -- they're channeling it; Which is a blessing, and a problem." Law Professor Jeffrey Rosen has this essay in tomorrow's edition of The New York Times Magazine.

And the magazine's cover story is headlined "Interrogating Ourselves: What We Don't Talk About When We Talk About Torture." The article is written by Joseph Levyveld.
Posted at 09:00 PM by Howard Bashman




"NOW v. Fumare? NOW's president responds." This new post at the blog "Fumare" responds to a comment posted here at "SCOTUSblog" about the Scheidler v. NOW case pending on writ of certiorari before the U.S. Supreme Court. According to Lyle Denniston in this post at "SCOTUSblog," the Court has postponed its consideration of the case from its conference of June 9, 2005 to its conference of June 16, 2005.
Posted at 08:45 PM by Howard Bashman



The growing ranks of anti-blogs: "The Anti-Becker-Posner Blog" now has company in the form of "The Anti-SCOTUSblog." When the Anti-SCOTUS next issues rulings, that will surely be the place to turn first for complete coverage.
Posted at 08:15 PM by Howard Bashman



The Associated Press is reporting: Jesse J. Holland has an article headlined "Senators Mentioned As Possible Justices." A related item is headlined "Senators Who Have Served on Supreme Court."

And in other news, an article headlined "Court Grants Stay for Rape Counselor" begins, "A federal appeals court has temporarily blocked the military from arresting a civilian counselor for refusing to turn over records of sessions with a former Air Force Academy cadet who said she was raped."
Posted at 03:10 PM by Howard Bashman




"Winning Ugly: Republicans are doing better than you think." Fred Barnes will have this essay, in which he discusses the issue of judicial confirmations, in the June 20, 2005 issue of The Weekly Standard.
Posted at 12:50 PM by Howard Bashman



"Star Bock brewer's bar closes after wife dies; Businessman in trademark fight with Starbucks to reopen if he can 'find the strength'": This article appears today in The Houston Chronicle.
Posted at 12:48 PM by Howard Bashman



"The new statesman: Mark Pryor does the right thing." The Arkansas Democrat-Gazette today contains an editorial that concludes, "Miguel Estrada would still make an excellent nominee for the U.S. Supreme Court. He's certainly our sentimental favorite. And it's never too late to do right."
Posted at 09:40 AM by Howard Bashman



"Confirmation of two judges should help 6th Circuit with caseload": The Associated Press provides this report.
Posted at 09:30 AM by Howard Bashman



"Senate to move ahead on Griffith confirmation": The Salt Lake Tribune yesterday contained an article that begins, "Thirteen months after President Bush nominated him to a federal appeals court, the U.S. Senate has scheduled a confirmation vote next week for Brigham Young University general counsel and former Senate lawyer Thomas Griffith."

It now appears that the confirmation vote on D.C. Circuit nominee Thomas B. Griffith is scheduled for 10 a.m. on Tuesday, July 14, 2005.
Posted at 09:20 AM by Howard Bashman



Friday, June 10, 2005


"Witness has harsh words for Al-Arian; Muneer Arafat says Al-Arian tried to recruit him into a faction of Palestinian Islamic Jihad in 1988": This article appears today in The St. Petersburg Times. Yesterday, meanwhile, the newspaper reported that "Evidence against Al-Arian is shown; A portion of the items seized during a raid on the offices of the organization Al-Arian founded yields what prosecutors say are links to terrorism."

The Tampa Tribune today reports that "Witness Met Al-Arian At Fundraiser, He Says." And yesterday, the newspaper reported that "Prosecution Builds Al-Arian Case."
Posted at 10:30 PM by Howard Bashman




Available online from law.com: An article reports that "Calif. Justices Reaffirm Trial Judges' Authority to Reconsider Own Motions."

And Rodger Citron has an essay entitled "After Rehnquist: A Politician to Lead the Court?"
Posted at 10:18 PM by Howard Bashman




"Confidentiality Applies Online, Panel Decides; Data Gathered From Potential Clients Not Subject to Discovery": Peter Blumberg has this article today in The Daily Journal of California.
Posted at 10:05 PM by Howard Bashman



"In Blow to Canada's Health System, Quebec Law Is Voided": The New York Times today contains an article that begins, "The Supreme Court on Thursday struck down a Quebec law banning private medical insurance in a decision that represents an acute blow to the publicly financed national health care system."

Yesterday's ruling of the Supreme Court of Canada, which I first noted here yesterday morning, has received much coverage in that Nation's major newspapers today.

The Montreal Gazette today contains articles headlined "Supreme Court opens door to two-tier health system; Purchase of private insurance ruled legal; Quebec law tossed; Province cautious, will ask for delay in implementation"; "Supreme Court opens door to two-tier health system; 'Gutsy' judgment will spur reform, proponents of private care predict; But critics worry the decision will reduce quality of patient services in public system"; and "Union officials speak out against providers of private care; Head of Quebec Federation of Labour warns doctors will jump ship, insurance will rise."

The Toronto Globe and Mail today contains numerous articles related to the ruling:

The Toronto Star also contains several articles about the ruling:And The Star today contains an essay by Ian Urquhart entitled "Ontario should override this decision; Similar lawsuit likely on the way."
Posted at 09:00 PM by Howard Bashman



Orin Kerr on the radio: This evening's broadcast of NPR's "All Things Considered" contained a segment entitled "Balancing the Patriot Act Against Internet Users" (RealPlayer required).
Posted at 08:44 PM by Howard Bashman



"Scotus Finances Glance": More info from The AP in connection with its article disclosing that while a certain Justice may not be a fan of citing international law, he doesn't mind teaching law internationally.
Posted at 06:12 PM by Howard Bashman



"Pharmacist sues, refusing to sell contraceptive": Reuters provides this report from Illinois.

And The Chicago Tribune yesterday contained an article headlined "Nurse says views on pill cost her job; Morning-after drug foe sues university."
Posted at 06:05 PM by Howard Bashman




"Court sides with strip-club owner; Justices allow defenses in election conspiracy case": The St. Paul Pioneer Press today contains this article reporting on a rather interesting ruling that the Supreme Court of Minnesota issued yesterday.
Posted at 06:00 PM by Howard Bashman



"Court puts limits on police dogs; Reasonable suspicion required to use them": The St. Paul Pioneer Press today contains this article reporting on a ruling that the Supreme Court of Minnesota issued yesterday.

For what it's worth, let me also point out that the Minnesota Judicial Branch wants your feedback on how it can improve its web site. Online access to appellate briefs and oral arguments would be a great start if that's not yet available.
Posted at 05:55 PM by Howard Bashman




Who's your blawg-daddy? At "PrawfsBlawg," Dave Hoffman has a post titled "Blogging and Exceptionalism."
Posted at 05:44 PM by Howard Bashman



"South Africa Gets 1st Black Chief Justice": The Associated Press provides this report.
Posted at 05:40 PM by Howard Bashman



"Hatch daughters found not guilty": The Minneapolis Star Tribune provides a news update that begins, "Elizabeth and Anne Hatch burst into tears, hugged their lawyers and were embraced by their father as a judge found them not guilty of the misdemeanor charges against them in an altercation with Chicago police. Minnesota's Attorney General Mike Hatch had been sitting behind them in Cook County Misdemeanor Court when the judge found them not guilty of resisting a peace officer, simple battery and criminal damage to property or a vehicle."

And The Chicago Tribune provides a news update headlined "Judge finds Hatch sisters not guilty."

In earlier coverage, The Chicago Tribune today contained an article headlined "Tearful sister says she didn't slap cop."

The Chicago Sun-Times reported today that "Cop says he was slapped, insulted."

And The Minneapolis Star Tribune today reported that "Elizabeth Hatch takes the stand, denies hitting officer."
Posted at 05:24 PM by Howard Bashman




"Supreme Court Justices Make Side Money": Hope Yen of The Associated Press provides this report.
Posted at 05:20 PM by Howard Bashman



"No Clause for Celebration: Flush that commerce, it's the feds!" Jacob Sullum has this essay online at Reason.
Posted at 03:44 PM by Howard Bashman



Shotguns, pickup trucks, and automobile insurance policies: This opinion that the U.S. Court of Appeals for the Fourth Circuit issued today, certifying a question to the Supreme Court of South Carolina, involves tragic facts.
Posted at 03:11 PM by Howard Bashman



"Suit challenges Utah's anti-porn law; Bookstores, ACLU say it is unconstitutional": This article appears today in The Deseret Morning News.

The Salt Lake Tribune today contains an article headlined "Group: Utah Web porn law unconstitutional, too broad; Free speech? The diverse collection of plaintiffs hopes the law's fate will mirror that of similar statutes that courts overturned in other states."

The Daily Herald of Provo reports today that "Utah sued over Internet porn law."

And Declan McCullagh of c|net News.Com reports that "ACLU to challenge Utah porn-blocking law."
Posted at 02:30 PM by Howard Bashman




"Florida Jihad case could test U.S. wiretap laws": Reuters reports here that "The Florida murder conspiracy trial of a Palestinian academic accused of funding Middle East violence could set off a legal test of U.S. surveillance laws and a secretive 'spy court' that allow extensive wiretapping for national security reasons."
Posted at 12:54 PM by Howard Bashman



"Retired judge is named to oversee jurist's ethics hearing": The Detroit Free Press today contains an article that begins, "A retired judge has been appointed to oversee a hearing to determine whether Clarkston District Judge Dana Fortinberry acted unethically when she told people a judicial candidate she opposed helped cover up the circumstances of a death."
Posted at 12:30 PM by Howard Bashman



"Will SCOTUS put Scheidler out of its misery?" The blog "Fumare" offers this post.
Posted at 12:24 PM by Howard Bashman



"GOP, Dems Declare Victory in Confirmations": Jesse J. Holland of The Associated Press provides this report.
Posted at 12:20 PM by Howard Bashman



In other news from Florida: The St. Petersburg Times today contains an article headlined "Judge failed to pass word juror might be sleeping; A new trial would be another black mark for the judge, who is already was facing other accusations" that begins, "Circuit Judge Brandt Downey, recently accused of sexual harassment and accessing pornography on his office computer, failed to alert attorneys during a murder trial this year that a juror may have been sleeping, according to court records."
Posted at 11:30 AM by Howard Bashman



"Judge tells panel he didn't plagiarize paper; Gregory Holder and his secretary testify before a judicial committee regarding a 1998 research report": This article appears today in The St. Petersburg Times.

And The Tampa Tribune reports today that "Judge's Assistant Testifies Paper Not One She Typed."
Posted at 10:45 AM by Howard Bashman




At least they could still view the debate on television: The legal debate over who could attend the first Presidential debate in 2000 between George W. Bush and Al Gore may be at an end as a result of a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.

An opinion that a unanimous three-judge panel has issued rejects a challenge to a decision of the Federal Election Commission upholding the Commission on Presidential Debates' exclusion of all third-party candidates from being a part of the audience in attendance at that debate.
Posted at 10:28 AM by Howard Bashman




"Senate confirms Griffin; Judge says he's anxious to get to work": The Traverse City Record-Eagle today contains an article that begins:
Richard Griffin sat with his father, wife and youngest daughter watching C-Span in his Long Lake Township home as a three-year drama over whether he would become a judge on the U.S. Court of Appeals finally ended.

"Ninety-five to zero, you can't do much better than that," Griffin said shortly after the Senate confirmed his nomination to the 6th U.S. Circuit Court of Appeals Thursday evening.

Well, you could ask "I want to know who the [five] were who had more important things to do than vote for me." See, for example, here and here.
Posted at 10:10 AM by Howard Bashman



Available online from law.com: Tony Mauro has an article headlined "Waiting on the Ten Commandments: High Court Shift or Attorney Strategy?"

An article reports that "Pryor Wins Lifetime Seat on 11th Circuit; Confirmation comes in 53-45 vote after senators rehash bitter debate." I previously collected additional coverage here.

In other news, "In Dissenting Opinion, 11th Circuit Judge Raps Cohabiting Couple." I previously noted this ruling in a post you can access here.

And an article reports that "Calif. Supreme Court to Hear Saga of Raiders, NFL."
Posted at 10:01 AM by Howard Bashman




"Who will be Bush's Supreme Court nominee? Youth and ability to 'connect' with senators and TV audience will weigh in selection." Tom Curry, national affairs writer for MSNBC, provides this report.
Posted at 07:28 AM by Howard Bashman



A possible explanation for mysterious Love Shack fire in Athens, Georgia: Maybe it was an unwanted adult entertainment emporium, Eleventh Circuit Judge William H. Pryor, Jr. suggests on page four of this opinion issued yesterday.

I first discussed this ruling last night in a post titled "The judgment against Zibtluda is demriffa."
Posted at 07:15 AM by Howard Bashman




"True Test of Senate Compromise Lies Ahead": The New York Times today contains this news analysis, along with a profile of Eleventh Circuit Judge William H. Pryor, Jr. headlined "A Different Timpanist."

The Washington Post reports today that "3 More Appellate Court Judges Confirmed by Senate."

The Los Angeles Times reports that "A Third Judicial Nominee Is Confirmed by the Senate; After vote on William H. Pryor, Republicans wonder if more filibusters are in store."

The Washington Times reports that "Three judges receive Senate confirmation."

The Birmingham News reports that "Senate confirms Pryor's lifetime federal judgeship."

The Mobile Register reports that "Senate confirms Pryor for bench."

The Montgomery (Ala.) Advertiser reports that "Pryor on court for life."

The Atlanta Journal-Constitution reports that "Pryor gets long-delayed Senate nod; Appeals court nominee wins seat in close vote."

The Huntsville Times contains an editorial entitled "Pryor's commitment."

The Detroit News reports that "2 Michigan judges head to U.S. appeals court."

The Detroit Free Press reports that "Judges confirmed to U.S. 6th Circuit Court posts."

The Lansing State Journal reports that "U.S. Senate confirms McKeague; After long delay, E.L. man to join 6th Circuit Court."

And The Booth Newspapers provide an article headlined "Finally -- Michigan judges get Senate OK."
Posted at 07:00 AM by Howard Bashman




"Allegheny County defends removal of judges from Web site": This article appears today in The Pittsburg Post-Gazette.
Posted at 06:54 AM by Howard Bashman



"From Thomas, Original Views": Columnist Charles Krauthammer has this op-ed today in The Washington Post.
Posted at 06:45 AM by Howard Bashman



"2nd Circuit's Jose Cabranes Offers Bipartisan Appeal": Today in The New York Sun, Luiza Ch. Savage has an article that begins, "If President Bush were to try to nominate to the Supreme Court a judge with bipartisan appeal, his sights could land on a Puerto Rican native who grew up in the South Bronx."
Posted at 06:40 AM by Howard Bashman


Thursday, June 09, 2005


"Federal panel rejects redistricting plan challenge": The Associated Press reports here that "A three-judge federal panel today rejected legal challenges to the 2003 congressional redistricting plan that resulted in a Republican majority in the Texas delegation in Washington."

You can access today's ruling of a three-judge U.S. District Court for the Eastern District of Texas at this link. And Law Professor Rick Hasen offers these thoughts on the ruling at his "Election Law" blog.
Posted at 09:00 PM by Howard Bashman




"The Rehnquist Riddle": Lyle Denniston has this post up at "The Supreme Court Nomination Blog." And Lyle's posting appears to overlook one other factor that could be in play -- namely, that there may be no love lost between the Chief Justice and the Bush Administration as a result of how the Administration treated his daughter. See here, here, and here for details.
Posted at 08:25 PM by Howard Bashman



"The judgment against Zibtluda is demriffa": If only this adult business zoning ordinance opinion issued today had been written by Eleventh Circuit Judge William H. Pryor, Jr. at a time when he enjoyed life tenure, that's how the opinion surely would have ended.
Posted at 08:15 PM by Howard Bashman



"Senate OKs Pryor, 2 other judicial nominees": James Kuhnhenn of Knight Ridder Newspapers provides this report.

The Associated Press reports that "Senate confirms Griffin, McKeague to 6th Circuit Court of Appeals." You can access their official roll call tallies here and here, respectively.

And Bloomberg News reports that "William Pryor Confirmed by Senate to Appeals Court."

This evening, the White House issued a press release entitled "President Applauds Senate Confirmation of Pryor, Griffin and McKeague."
Posted at 08:00 PM by Howard Bashman




"Senate Approves Pryor for Appeals Court": Jesse J. Holland of The Associated Press provides this report.
Posted at 04:30 PM by Howard Bashman



The U.S. Senate is now conducting its up-or-down vote on the nomination of William H. Pryor, Jr. to a lifetime post on the U.S. Court of Appeals for the Eleventh Circuit: The outcome of the vote should be announced in approximately thirty minutes from now.

Update at 4:26 p.m.: Judge Pryor has been confirmed to a lifetime post on the Eleventh Circuit by a vote of 53-45. The official roll call tally can be accessed at this link.
Posted at 03:59 PM by Howard Bashman




"Overriding the 'Liberal' 9th Circuit; Congress Aims the Real ID Act at So-Called Activist Judges": Peter Blumberg has this interesting news analysis today in The Daily Journal of California.
Posted at 03:15 PM by Howard Bashman



Today's federal appellate court nude dancing-related decision: Thanks to the U.S. Court of Appeals for the First Circuit, you can access the ruling here.
Posted at 03:05 PM by Howard Bashman



Access online the audio of the Ninth Circuit's oral argument in appeal filed by high school student suspended for wearing T-shirt condemning homosexuality: You can download the oral argument audio (Windows Media format) in this interesting case by right-clicking on this link and saving the audio file to your computer. My recent post discussing this case can be accessed here.
Posted at 03:00 PM by Howard Bashman



"Trial Begins for Daughters of Minn. AG": The Associated Press reports here that "The daughters of Minnesota Attorney General Mike Hatch went on trial Wednesday on charges stemming from a scuffle outside a Chicago nightclub last year. Prosecutors alleged during opening statements that Anne Hatch, 22, and her sister Elizabeth Bell Hatch, 23, attacked police and tried to get special treatment during the fight."

In other coverage, The Chicago Tribune reports today that "Nightclub aides tell of sisters' behavior." And yesterday, the newspaper reported that "Hatch sisters' case steals spotlight in Chicago court."

Today The Chicago Sun-Times contains an article headlined "'You could hear the smack' that officer got, guard testifies." And yesterday, the newspaper reported that "Official's daughters battle cop-fight charges."

The Minneapolis Star Tribune offers articles headlined "A trial of 2 tales emerging in Hatch sisters' case"; "Hatch daughters' trial opens"; "Hatch daughters go on trial in Chicago"; and "Hatch's daughters get a day in court."

Finally, The St. Paul Pioneer Press yesterday reported that "Hatch daughters' trial set to begin."
Posted at 02:14 PM by Howard Bashman




His acting days are over: Congratulations to Solicitor General Paul D. Clement, whom the U.S. Senate confirmed to that post by voice vote yesterday.
Posted at 01:50 PM by Howard Bashman



The attorney-client privilege and internet-based solicitations for clients: Circuit Judge Andrew J. Kleinfeld, on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit, issued this interesting decision today.
Posted at 01:44 PM by Howard Bashman



"Neb. AG Wants Gay Marriage Ban Restored": The Associated Press reports here that "Nebraska's attorney general filed an appeal Thursday aimed at restoring the state's broad ban on gay marriage. Attorney General Jon Bruning's appeal will be heard by the St. Louis-based 8th U.S. Circuit Court of Appeals."
Posted at 01:40 PM by Howard Bashman



"Media companies look for ownership resolution": Reuters provides this report.
Posted at 12:05 PM by Howard Bashman



Criminal trial of law professor charged with aggravated assault with a deadly weapon for having used her automobile to strike a lawyer on a bicycle begins in Dallas: The Dallas Morning News today contains an article headlined "Officer: SMU prof admitted 'tap'; He says she denied trying to run down bicyclist."

Back in July 2004, I first noted this matter in a post titled "Law professor gains first-hand experience in criminal law and torts."
Posted at 11:35 AM by Howard Bashman




"Senate confirms Brown as appeals court judge; One Democrat joins GOP senators in confirming Bush nominee 56-43": Tom Curry, national affairs writer for MSNBC, provides this report.

In other coverage, The Sacramento Bee today reports that "2 years later, Brown gets Senate approval." And Claire Cooper, legal affairs writer for that newspaper, reports that "Search for new judge begins; Governor faces a crucial decision in replacing Brown."
Posted at 11:10 AM by Howard Bashman




"Senators Expected to Confirm Pryor": Jesse J. Holland of The Associated Press provides this report.

Two other federal appellate court nominees were on the agenda for this morning's executive business meeting of the Senate Judiciary Committee.
Posted at 11:05 AM by Howard Bashman




"Quebec Private Health Insurance Ban Nixed": The Associated Press reports here that "Canada's Supreme Court on Thursday struck down a Quebec law that banned private insurance for services covered under Medicare, a landmark decision that could affect the country's universal health-care system."

Canadian Press reports that "Supreme Court strikes down Quebec law banning private health care."

You can access today's ruling of the Supreme Court of Canada at this link.
Posted at 10:38 AM by Howard Bashman




"The Ninth Circuit's Revenge: In Gonzales v. Raich, the circuit court won big." Law Professor Randy Barnett has this interesting essay today at National Review Online. (See also Randy's related post here this morning at "The Volokh Conspiracy.")

And The New Republic has posted online today an editorial entitled "Joint Venture: The Court's marijuana decision is reason to celebrate; But the three dissenters provide reason to fear."
Posted at 10:30 AM by Howard Bashman




"Ex-topless dancer is elected to the bench": This article appeared yesterday in The Las Vegas Sun.
Posted at 10:25 AM by Howard Bashman



"Activists Priming for Supreme Court Battle": The Associated Press provides this report, along with a list of "Possible Supreme Court Nominees."
Posted at 10:15 AM by Howard Bashman



"Court weighs objection to execution procedure": The Tennessean today contains an article that begins, "The Tennessee Supreme Court is weighing whether there is enough risk of unnecessary pain and suffering involved in the state's lethal injection process to change steps and drugs used by an overwhelming majority of other states. Associate deputy attorney general Joe Whalen told the five justices yesterday that the state's death penalty protocol is sound, a point challenged by lawyers for condemned killer Abu-Ali Abdur'Rahman."

In other coverage, The Associated Press reports that "Tenn. Weighs Lethal Injection, Suffering."
Posted at 10:04 AM by Howard Bashman




Today at 4 p.m., the U.S. Senate will hold an up-or-down vote on the nomination of William H. Pryor, Jr. to a lifetime seat on the U.S. Court of Appeals for the Eleventh Circuit: See page two of today's Senate Executive Calendar. Yesterday's motion to invoke cloture on the nomination passed by a vote of 67-32.

The Senate will debate the nomination when it resumes work at 9:30 a.m. today. You can view the Senate's proceedings live online via C-SPAN2 by clicking here.

My round-ups of recent judicial confirmation news coverage can be accessed here and here.
Posted at 08:54 AM by Howard Bashman




"Award Limit in Tobacco Case Sets Off a Strenuous Protest": The New York Times contains this article today.

The Los Angeles Times reports today that "Shift in Tobacco Suit Is Assailed; Some Democratic lawmakers demand a probe into possible political meddling."

And The Washington Post reports that "Tobacco Witnesses Were Told To Ease Up; Justice Dept. Sought Softened Sanctions."
Posted at 08:45 AM by Howard Bashman




"Gay Rights Battlefields Spread to Public Schools": This article appears today in The New York Times.
Posted at 08:40 AM by Howard Bashman



"Hearing granted on new trial for Raiders; State's top panel to review ruling that dismissed suit": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "The state Supreme Court agreed Wednesday to decide whether the Oakland Raiders should get a new trial of their $1.2 billion suit that accused the National Football League of forcing the team out of Los Angeles in 1995 by undermining plans for a new stadium."

The Los Angeles Times today reports that "Raiders Receive Good News on Legal Front; State Supreme Court to review lower court's dismissal of team's appeal of lawsuit."

And David Kravets of The Associated Press reports that "Court to Review Raiders' Lawsuit vs. NFL."
Posted at 08:38 AM by Howard Bashman




"Judicial free speech praised, questioned at forum; Campaign rules changing in state": This article appears today in The Louisville Courier-Journal.
Posted at 07:20 AM by Howard Bashman



"In Canada, an Outcast Family Finds Support; U.S. Detention of Teen Draws Concern": The Washington Post contains this front page article today.
Posted at 07:17 AM by Howard Bashman



"Judge's lawyers say paper fake; Hillsborough Circuit Court Judge Gregory Holder is accused of plagiarizing a research paper he wrote in 1998 for a seminar at the MacDill Air Force Base": This article appears today in The St. Petersburg Times.

And The Tampa Tribune reports today that "Witnesses Say No Evidence Of Plot To Discredit Holder."
Posted at 07:14 AM by Howard Bashman




"Perdue makes historic pick for high court": Today in The Atlanta Journal-Constitution, Bill Rankin has an article that begins, "Gov. Sonny Perdue named his top legal adviser to the state Supreme Court in the first appointment by a Republican governor to Georgia's highest court in 137 years. Harold D. Melton, 38, becomes the third African-American on the seven-member court."
Posted at 07:04 AM by Howard Bashman



"Justice Brown confirmed for appeals post; Senate votes 56-43 after partisan fight over California jurist": This article appears today in The San Francisco Chronicle.

The San Jose Mercury News today contains articles headlined "Some see controversial D.C. judge on path to high court" and "Key judicial choice awaits governor; 'Timely' action vowed on high court opening."

The Los Angeles Times reports that "Senate Approves Brown; The California justice is confirmed to the D.C. appeals court after nearly two years; Schwarzenegger will pick her replacement."

The New York Times contains an article headlined "Latest Confirmed Nominee Sees Slavery in Liberalism" that begins, "Janice Rogers Brown, the African-American daughter of Alabama sharecroppers who was confirmed Wednesday to the federal appeals court here, often invokes slavery in describing what she sees as the perils of liberalism."

In USA Today, Kathy Kiely and Joan Biskupic have an article headlined "Senate confirms Brown for U.S. court."

The Washington Times reports that "Senate OKs Brown for judgeship."

The Houston Chronicle reports that "Race underscores vote on Brown; GOP senators wooing minorities; Democrats worry about her record."

The Atlanta Journal-Constitution reports that "Senate confirms controversial jurist Brown."

Newsday reports that "After delay, judge wins confirmation."

The Pittsburgh Post-Gazette reports that "2nd Bush court pick is approved."

The Montgomery (Ala.) Advertiser reports that "Brown OK'd; Pryor vote next."

In The Boston Globe, Charlie Savage and Rick Klein have an article headlined "Senate weighs 3d controversial pick for bench; Ethics allegations likely in Pryor fight."

And The Birmingham News contains an article headlined "Senate gives up; Pryor vote due today" and an editorial entitled "Ugly, false rhetoric spews to the end."
Posted at 06:50 AM by Howard Bashman



Wednesday, June 08, 2005


"Federal Judge's Transfer of Cases Prompts Questions": law.com provides a report that begins, "A recent decision by Miami Senior U.S. District Judge James Lawrence King to excuse himself without explanation from all criminal cases prompted a flurry of inquiries and legal challenges by defense attorneys."
Posted at 10:44 PM by Howard Bashman



On this evening's broadcast of NPR's "All Things Considered": The broadcast contained segments entitled "Battle Over Supreme Court Nomination Lurks in Future" and "Tobacco Industry Trial Wraps up with Final Arguments."
Posted at 10:25 PM by Howard Bashman



"Brown Approved For D.C. Circuit; Senate Confirms California Justice, Sets Vote on Pryor": This front page article will appear Thursday in The Washington Post.

The Los Angeles Times provides a news update headlined "Senate Confirms Brown Judgeship After Bitter Battle."

The Sacramento Bee provides a news update headlined "Rogers Brown confirmed to the U.S. Circuit Court of Appeals for D.C." Today's print edition of the newspaper contains an article headlined "Senate OK seen for state justice."

And at law.com, T.R. Goldman reports that "Brown Confirmed for D.C. Circuit Seat."
Posted at 10:10 PM by Howard Bashman




Law Professor Eugene Volokh discusses the launch of Goldstein & Howe's "The Supreme Court Nomination Blog": You can access Eugene's post here.

I am even more fascinated by the thoughts expressed in the first comment to a post titled "The Most Often Mentioned Candidates And The Prospects For A Senate Fight" found at the new blog.

The Goldstein & Howe law firm has positioned itself as the one law firm in the United States that focuses its practice almost entirely on handling cases before the U.S. Supreme Court. Even accepting that the new blog will accomplish its goals of being neutral and informational, the tone of the confirmation battle to come will certainly influence how even a neutral and informational blog will be perceived by those at the Court.

For example, a neutral and informational blog devoted to covering the confirmations of Justices Stephen G. Breyer or Ruth Bader Ginsburg would have been unlikely to ruffle many feathers, but imagine even a neutral and information blog devoted to covering what transpired in the confirmation battle over Justice Clarence Thomas. If your livelihood were earned practicing before the Court, would you want to be running such a blog?

To be sure, the confirmation battles to come may not generate as much furor as the Thomas confirmation battle did, but that won't be for lack of effort on the part of many politically savvy groups. Thus, while I have great affection for Tom Goldstein and his colleagues and co-bloggers, and I really look forward to the existence of the new blog, I'm not sure I would have decided to go ahead with the effort had I been in his position.
Posted at 09:18 PM by Howard Bashman




"Senate OKs Brown, Ends Pryor Filibuster": Jesse J. Holland of The Associated Press provides this report.

James Kuhnhenn of Knight Ridder Newspapers reports that "Alabama judicial nominee expected to receive confirmation vote."

And Reuters reports that "Senate confirms disputed Bush judicial nominee."

The vote to confirm Janice Rogers Brown to the D.C. Circuit was 56-43, while the vote in favor of cloture on the nomination of William H. Pryor, Jr. to the Eleventh Circuit was 67-32.
Posted at 08:10 PM by Howard Bashman




Orioles 5, Astros 4: My son's baseball team entered the bottom of the final inning down a run but scored twice to secure the win. That puts the team into the final four, with the semifinal game scheduled for tomorrow evening.
Posted at 08:05 PM by Howard Bashman



This evening's Senate votes on judicial nominees: My son's little league baseball team has a playoff game this evening, and right now the team is just two victories away from the finals. Last year his team made it to the finals, but lost. So that's where I'll be, instead of providing timely coverage here of this evening's up-or-down vote on D.C. Circuit nominee Janice Rogers Brown and this evening's cloture vote on Eleventh Circuit nominee William H. Pryor, Jr.

But, all hope is not lost. You can view the U.S. Senate proceedings live via C-SPAN2 by clicking here. Soon after the votes are completed, the Senate will post the official roll call tallies here. And the official Senate nomination data for Justice Brown and Judge Pryor can be accessed by clicking on their names.
Posted at 04:05 PM by Howard Bashman




How blogging has changed his life: Law Professor Daniel Solove has this interesting post (accompanied by a very funny cartoon) at "PrawfsBlawg."
Posted at 03:44 PM by Howard Bashman



"Judge queries cause of tobacco remedy cut": Reuters provides this report.
Posted at 03:32 PM by Howard Bashman



"Who Wants to Draft Judge Prado?" Orin Kerr provides this answer at "The Volokh Conspiracy."
Posted at 03:10 PM by Howard Bashman



This convicted defendant is entitled to no more bites at the Booker apple, Eleventh Circuit holds: A decision that the U.S. Court of Appeals for the Eleventh Circuit issued today involves a criminal defendant who sought to file with the Eleventh Circuit a supplemental brief invoking Booker, then filed a cert. petition with the U.S. Supreme Court complaining that he was denied the benefit of Booker, but when he was resentenced for another reason in the interim and the federal district court gave the defendant the option of being resentenced under Booker's regimen, the defendant said "no thanks."

Law Professor Douglas A. Berman offers his take on the ruling here at the "Sentencing Law and Policy" blog.
Posted at 03:00 PM by Howard Bashman




"False Federalism: In Gonzales v. Raich, it's the state that's violating federalist principles." Wesley J. Smith has this essay today at National Review Online.
Posted at 11:50 AM by Howard Bashman



"Another round in RICO abortion case": At "SCOTUSblog," Lyle Denniston has this post about a case that I have been following closely (my most recent post about the case can be accessed here).
Posted at 11:32 AM by Howard Bashman



In other news from Tennessee: The Associated Press is reporting that "Condemned Killer Challenges Tenn. Method" and "Tenn. Judge OKs Mexican Mom Visitation."
Posted at 11:30 AM by Howard Bashman



"Chief justice to retire after 35 years as judge": The Tennessean yesterday contained this article.
Posted at 11:28 AM by Howard Bashman



Bob Egelko is reporting: Today in The San Francisco Chronicle, he has an article headlined "Judge defends writing on affirmative action; State high court's Brown denies linking it with Jim Crow" that makes reference to this earlier post (and, in particular, this link in that post) here at "How Appealing."

And in other news, an article headlined "Random search at airports ruled OK" reports on this ruling that the U.S. Court of Appeals for the Ninth Circuit issued yesterday.
Posted at 11:05 AM by Howard Bashman




"A guide to Gonzales vs. Raich: What the medical marijuana ruling means for patients, the commerce clause, marital sex, Antonin Scalia's career and more." Ryan Grim has this interesting essay online at Salon.com.
Posted at 10:54 AM by Howard Bashman



"Supreme Confusion in the Plame Case": Former Solicitor General Theodore B. Olson has this op-ed (pass-through link) today in The Wall Street Journal.
Posted at 10:38 AM by Howard Bashman



"Vote on Pryor may come Thursday": The Mobile Register today contains an article that begins, "A final Senate vote on Mobile native Bill Pryor's confirmation for a lifetime federal judgeship has been tentatively moved up to Thursday, one day earlier than previously expected, a spokeswoman for U.S. Senate Majority Leader Bill Frist, R-Tenn., said Tuesday."

Yesterday, that newspaper contained an article headlined "Two-year wait could be over this week for Mobile native."

And The Associated Press is reporting that "Senate set to confirm two Alabama natives to bench."

Here is the U.S. Senate's schedule as I understand it. Today at 5 p.m., the Senate will hold an up-or-down vote on the nomination of Janice Rogers Brown to serve on the U.S. Court of Appeals for the D.C. Circuit.

When that vote concludes, at approximately 5:30 p.m., the Senate will move immediately to a vote on cloture of debate on the nomination of William H. Pryor, Jr. for a lifetime post on the U.S. Court of Appeals for the Eleventh Circuit. That would allow an up-or-down vote on Judge Pryor's nomination to occur tomorrow.

Thereafter, by early next week, the Senate will hold up-or-down votes on the nomination of Thomas B. Griffith to serve on the D.C. Circuit and on the nominations of Richard Allen Griffin and David W. McKeague to serve on the U.S. Court of Appeals for the Sixth Circuit.

As far as what's in store for other federal appellate court nominees, The Hill today contains an article headlined "Frist won't speed votes on judges."
Posted at 10:33 AM by Howard Bashman




"Rehnquist on Losing End of Rights Cases": Gina Holland of The Associated Press provides this report.
Posted at 10:15 AM by Howard Bashman



"DraftPrado for the Supreme Court": A reader emails the link to this new web site. The Court would surely benefit from having a master of sound effects in its midst.
Posted at 09:25 AM by Howard Bashman



The U.S. Senate is scheduled to begin this final day of debate on the nomination of Janice Rogers Brown to serve on the U.S. Court of Appeals for the D.C. Circuit at 9:30 a.m.: Thanks to C-SPAN2, you can view the debate live online by clicking here. An up-or-down vote on the nomination is scheduled for 5 p.m. today.
Posted at 09:20 AM by Howard Bashman



"Florida Supreme Court Takes Up Vouchers": This article appears today in The New York Times.

In The New York Sun, Luiza Ch. Savage reports today that "Florida Governor Moves To Defend Voucher Program."

The Miami Herald reports that "Court hears voucher arguments; Skeptical Florida Supreme Court justices questioned lawyers for the state about whether Florida's school voucher program is constitutional."

The Tallahassee Democrat reports that "Thousands vouch for system; Florida Supreme Court justices hear arguments on school program."

The St. Petersburg Times reports that "State high court has tough questions about vouchers; Justices hear debate on Opportunity Scholarships, with the fate of other voucher programs riding on the court's decision."

The South Florida Sun-Sentinel contains an article headlined "Historic time for school voucher program as Supreme Court considers case."

The Tampa Tribune reports that "Justices Hear Voucher Case."

The Palm Beach Post reports that "Justices question legislators' authority in school voucher case."

And The Ledger of Lakeland, Florida reports that "Florida Justices Consider Vouchers; High court focuses mainly on the state's obligation to pay for free public schools."
Posted at 09:14 AM by Howard Bashman




"Retired justice criticizes Williams ruling; Robert G. Flanders Jr. says the state's chief justice should have declined to serve on a military review panel": The Providence (R.I.) Journal contains this article today.
Posted at 09:00 AM by Howard Bashman



"Defense Lawyers Present Statements at Terror Trial": This article appears today in The New York Times.

The Washington Post reports today that "Co-Defendants in Fla. Deny Ties to Conspiracy."

In The New York Sun, Josh Gerstein today has an article headlined "Terror Trial More Snooze and Bore Than 'Shock and Awe.'"

The St. Petersburg Times reports today that "A rift appears in defense; Attorneys for the three other men accused deny their clients had much involvement with Sami Al-Arian's organizations."

The Tampa Tribune contains articles headlined "Testimony In Al-Arian Trial Begins With A Few Yawns"; "Attorney Describes Fariz As Empathetic"; "Defense Of Ballut Focuses On Speech"; and "Case For Hammoudeh Centers On His Charitable Work, Peace Studies."

And The Orlando Sentinel contains an article headlined "Defense: Al-Arian associates have no terror-group links; Lawyers say the 3 are being targeted by the government for associating with other Muslims."
Posted at 08:55 AM by Howard Bashman




"FAMU replaces law-school dean; Percy Luney is removed after an audit finds the school has a possible ghost employee": The Orlando Sentinel contains this article today.

The St. Petersburg Times reports today that "FAMU law dean put on paid leave; Interim president Castell Bryant offered little explanation except to say her decision involved an audit of the payroll."

And The Tallahassee Democrat reports that "FAMU law school's dean placed on indefinite leave."
Posted at 08:48 AM by Howard Bashman




"Judge may be suspended for tantrum; Action stems from tiff with city deputy mayor": This article appears today in The Detroit Free Press.
Posted at 08:40 AM by Howard Bashman



"Judging This Court": Columnist George F. Will has this essay today in The Washington Post. That newspaper also contains an editorial entitled "Not About Pot."

And The Wall Street Journal today contains an editorial entitled "High on the Commerce Clause: The unfortunate implications of the medical marijuana ruling."
Posted at 07:30 AM by Howard Bashman




"U.S. won't seek death penalties; Three accused in connection with truck-stop deaths will go to trial in October": Harvey Rice has this article today in The Houston Chronicle.
Posted at 07:25 AM by Howard Bashman



"Court Says OxyContin Patent Is Invalid": The New York Times contains this article today.

And The Philadelphia Inquirer today contains an article headlined "Court: Endo can sell painkiller; The Chadds Ford drugmaker won a patent appeal over Purdue to market the generic of the popular OxyContin."
Posted at 07:24 AM by Howard Bashman




"Senate Ends 2nd Filibuster of a Nominee; A confirmation vote -- a result of last month's bipartisan deal -- on California Supreme Court Justice Brown could come today": This article appears today in The Los Angeles Times.

The Washington Times reports that "Brown filibuster finally broken."

David Kravets of The Associated Press provides a news analysis headlined "Brown may leave 'black seat' on state Supreme Court."

And The Baltimore Sun contains an editorial entitled "Advise and reject."
Posted at 07:22 AM by Howard Bashman




"Tobacco Escapes Huge Penalty; U.S. Seeks $10 Billion Instead of $130 Billion": The Washington Post contains this front page article today.

The Los Angeles Times reports today that "U.S. Eases Demands on Tobacco Companies."

And The New York Times reports that "U.S. Finishes Tobacco Racketeering Case."
Posted at 07:12 AM by Howard Bashman




"Court to Rule on Chinese Boy’s Request for Stay of Deportation": This article appears today in The New York Times.

And The Houston Chronicle reports today that "Teen from China sees asylum as only hope; Immigrant fears a smuggling gang will kill him if he is deported."
Posted at 07:05 AM by Howard Bashman



Tuesday, June 07, 2005


"Padilla's Case Returns to Supreme Court; Alleged 'dirty bomber' asks high court to take his case and decide whether U.S. has right to detain him": law.com provides this report.
Posted at 11:00 PM by Howard Bashman



The court battle over the office of Governor of Washington State comes to an end: The Seattle Post-Intelligencer today contains articles headlined "Rossi ends the fight; Judge upholds Gregoire's election victory" and "After spending millions, challenger loses 4 votes."

The Seattle Times today contains articles headlined "Rossi loses in court, won't appeal ruling"; "Judge dissects Republican claims one by one in ruling against suit"; "What does the future hold? Everybody's got an opinion"; and "Barbs from bench for King County."

The Olympian contains articles headlined "Ruling ends GOP's election challenge"; "Rossi says fight is over"; "Case could affect future strategies"; "Observers stress need for change"; and "GOP governors association calls for Gregoire to resign."

The New York Times reports that "Judge Dismisses Lawsuit Over Washington Election."

The Washington Post reports that "Judge Upholds Win For Wash. Governor."

And The Los Angeles Times reports that "Democrat's Win Upheld in Washington; A judge rules Christine Gregoire's victory as governor is valid; Republican Dino Rossi concedes after months of legal wrangling."
Posted at 10:45 PM by Howard Bashman




"Liberals Rethinking Senate Filibuster Deal": This article will appear Wednesday in The Washington Post.

And The New York Times on Wednesday will report that "Bush Judicial Nominee Nears Confirmation."
Posted at 10:30 PM by Howard Bashman




"Kentucky says every blawg post is an ad": The blog "f/k/a" provides this post tonight.
Posted at 10:28 PM by Howard Bashman



"Senate Ends Debate on Another Judicial Nominee": The New York Times provides this news update.

The Los Angeles Times provides a news update headlined "Senate Ends Filibuster on Justice Brown."

And James Kuhnhenn of Knight Ridder Newspapers reports that "Senate moves toward vote on Brown nomination."
Posted at 08:50 PM by Howard Bashman




On this evening's broadcast of NPR's "All Things Considered": The broadcast contained segments entitled "Bush Judicial Nominee Moves Forward" and "Court Ruling a Blow to Marijuana Legalization Movement." RealPlayer is required to launch these audio clips.
Posted at 08:45 PM by Howard Bashman



"State's high court hears arguments on vouchers": The Miami Herald provides this news update.
Posted at 08:40 PM by Howard Bashman



In news from Michigan: The Ann Arbor News reports today that "U-M's minority enrollment looking up; Paid deposits from black students rise by 20% over last year."

The Detroit Free Press reports today that "Minority enrollment bounces back at U-M."

And The Detroit News reports today that "Minority enrollment surges 15% at U-M; More black, Hispanic freshmen sign up, two years after court ruling changed admission rules."
Posted at 05:55 PM by Howard Bashman




"Fallout of marijuana verdict: This week's high-court ruling nudges legislators into the thick of medical-use debate." This article will appear Wednesday in The Christian Science Monitor.
Posted at 05:52 PM by Howard Bashman



"Man With Chain Saw Allowed to Enter U.S.": The Associated Press provides a report that begins, "On April 25, Gregory Despres arrived at the U.S.-Canadian border crossing at Calais, Maine, carrying a homemade sword, a hatchet, a knife, brass knuckles and a chain saw stained with what appeared to be blood. U.S. customs agents confiscated the weapons and fingerprinted Despres. Then they let him into the United States."

In related coverage, The Patriot Ledger of Quincy, Massachusetts last month contained an editorial entitled "Alert police work." And The Standard-Times of New Bedford reported yesterday that "Boots link man to double slaying, police say." And even earlier last month, Canadian Press reported that "N.B. justice officials seek to extradite murder suspect."
Posted at 05:50 PM by Howard Bashman




Ninth Circuit hears oral argument in appeal filed by high school student suspended for wearing T-shirt condemning homosexuality: Yesterday, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit heard oral argument in Harper v. Poway Unified School District. Today, C-SPAN2 has aired video of the oral argument several times, but the audio from the argument is not yet available over the Ninth Circuit's web site.

The three-judge panel assigned to decide the case consists of Circuit Judges Stephen Reinhardt, Alex Kozinski, and Sidney R. Thomas. The decision that has been appealed, denying the student's request for a preliminary injunction, can be accessed here. The complaint initiating suit is here, and photographs of the T-shirt can be viewed at this link. After suit was filed, The Associated Press reported that "Student sues over suspension for wearing anti-gay shirt."

When the oral argument becomes available online (either from C-SPAN, the Ninth Circuit, or both), I'll post a link to it.
Posted at 05:25 PM by Howard Bashman




"T.R. Goldman of Legal Times discusses the status of judicial nominations in the Senate and the expected debate on confirmation of next Supreme Court justice": T.R. appeared on today's broadcast of C-SPAN's "Washington Journal," and you can view the clip by clicking here (RealPlayer required).
Posted at 05:00 PM by Howard Bashman



On today's broadcast of NPR's "Talk of the Nation": The broadcast contained segments entitled "Patients, States Adjust to New Marijuana Ruling" and "Finding Room for the 10 Commandments." RealPlayer is required to launch these audio segments.
Posted at 04:55 PM by Howard Bashman



"Fla. Supreme Court hears school voucher challenge": Reuters provides this report.
Posted at 04:42 PM by Howard Bashman



"If Client Wants Long-Shot Appeal, Lawyer Must File It; Panel Says Lawyer Must File Client's Long-Shot Appeal": Peter Blumberg has this article today in The Daily Journal of California.

The article reports on two rulings that the U.S. Court of Appeals for the Ninth Circuit issued yesterday: United States v. Sandoval-Lopez and United States v. Harrington.
Posted at 04:30 PM by Howard Bashman




The wire services are reporting: Reuters reports that "US judge questions remedies sought in tobacco case."

And The Associated Press offers articles headlined "Prosecutors End Case Against Tobacco Cos." and "Court Upholds Fla. Sex Offender Registry."
Posted at 04:04 PM by Howard Bashman




In today's edition of The Sacramento Bee: The newspaper contains articles headlined "U.S. medical pot ban OK'd; Justices rule state cannot trump federal drug laws" and "Patients in state pledge to go right on puffing."

And in other news, "Judge's secretary accused of theft; The former aide to a federal jurist allegedly took at least $94,000."
Posted at 04:00 PM by Howard Bashman




Penumbras, formed by emanations, at 40: Today is the fortieth anniversary of the U.S. Supreme Court's ruling in Griswold v. Connecticut.

People For the American Way has today issued a press release titled "40th Anniversary of Griswold Highlights Threat to Privacy Rights from Future Supreme Court Nominees; Far-Right Justices Reject Constitutional Right to Privacy."

In news coverage and commentary that marks today's anniversary, The Milwaukee Journal Sentinel today reports that "After 40 years, tiny pill still leads big debate; Some prefer natural family planning."

The Wisconsin State Journal reports today that "Birth control in jeopardy, some lawmakers say."

In The Minneapolis Star Tribune, Elizabeth Borg has an op-ed entitled "The fight that won us the right to birth control."

And in The Atlanta Journal-Constitution, Adrienne Burns has an essay entitled "Birth control rights must be protected."
Posted at 03:55 PM by Howard Bashman




"This judge is more right-wing than Thomas": Today in The Hill, Simon Lazarus and Lauren Saunders have an op-ed that begins, "Senate Republicans apparently are ready to confirm California Supreme Court Justice Janice Rogers Brown to the D.C. Circuit Court of Appeals today, based on assurances from Republican leaders that the staunchly conservative Brown's views are 'mainstream.'"

And today in Roll Call, Douglas T. Kendall and Jennifer Bradley have an op-ed entitled "If Republicans Look at Her Record, They Will Vote Brown Down."
Posted at 03:48 PM by Howard Bashman




"High Court's pot mistake; Lost in Supreme shuffle: $14 billion in benefits we're missing by not legalizing and taxing pot." Allen Wastler has this essay online today at CNN/Money.
Posted at 03:02 PM by Howard Bashman



"Another Bush judge nominee nears confirmation vote": Thomas Ferraro of Reuters provides this report.
Posted at 02:30 PM by Howard Bashman



"Post-ABC Poll: Bush Ignoring Public Concern." The Washington Post provides this news update, in which judicial nominations and confirmations figure prominently. The Post promises to publish online the complete poll results at 5 p.m. today.

Update: The poll results can be viewed at this link.
Posted at 02:25 PM by Howard Bashman




"State's Evidence: The problem with yesterday's Supreme Court ruling on medical marijuana." Will Baude has this essay online today at The New Republic.
Posted at 02:20 PM by Howard Bashman



"US court rules for Endo in OxyContin patent fight": Reuters provides this report on a ruling that the U.S. Court of Appeals for the Federal Circuit issued today. And Reuters reports here that "Purdue Pharma LP will ask the full appeals court to review a decision by three members that found patents on its painkiller, OxyContin, were unenforceable, a company spokesman said on Tuesday."
Posted at 12:44 PM by Howard Bashman



"Senate Ends Brown Nomination Filibuster": Jesse J. Holland of The Associated Press provides this report.
Posted at 12:40 PM by Howard Bashman



The U.S. Senate invokes cloture on the nomination of Janice Rogers Brown to serve on the U.S. Court of Appeals for the D.C. Circuit: The vote in favor of cloture was 65-32. An up-or-down vote on the nomination is scheduled for 5 p.m. tomorrow.

Update: The official roll call tally can be accessed here.
Posted at 12:30 PM by Howard Bashman




"Speculators eye Cornyn for Supreme Court post; Texas senator fits the profile but says he is not actively looking": This article appears today in The Houston Chronicle.
Posted at 12:04 PM by Howard Bashman



The U.S. Senate is now voting on whether to invoke cloture on the nomination of Janice Rogers Brown to serve on the U.S. Court of Appeals for the D.C. Circuit: I will post the outcome of the vote when it becomes available, which should be in about thirty minutes from now.
Posted at 12:00 PM by Howard Bashman



"High court turns away Title IX suit; Wrestling coaches argue that anti-bias law sets quotas in men's sports": This article appears today in The Baltimore Sun.
Posted at 11:58 AM by Howard Bashman



"High Court Says Disabilities Act Can Apply to Foreign Cruise Ships": Jess Bravin has this article (pass-through link) today in The Wall Street Journal. Earlier today, I collected additional coverage here.
Posted at 11:45 AM by Howard Bashman



"Supreme Court Rejects State Laws Allowing Medical-Marijuana Use": Jess Bravin has this article (pass-through link) today in The Wall Street Journal. Earlier today, I collected a bit of additional coverage in a post you can access here.
Posted at 11:15 AM by Howard Bashman



"Federalism, Up in Smoke? The Supreme Court upholds a sweeping justification of federal power." Law Professor Jonathan H. Adler has this essay today at National Review Online.
Posted at 10:55 AM by Howard Bashman



"Rabbi lauds ruling in battle over home services": The Orlando Sentinel today contains this article reporting on a recent ruling of the U.S. Court of Appeals for the Eleventh Circuit, which I first noted here.
Posted at 10:30 AM by Howard Bashman



"School voucher case in court's hands; The Florida Supreme Court is scheduled to hear arguments today on whether the state should be using public money to help students attend religious schools -- a case that's drawing national attention": This article appears today in The Miami Herald. Video of the oral argument can be accessed via this link.

In related commentary, today in The Orlando Sentinel, columnist Mike Thomas has an essay entitled "Voucher fight is as political as things get."
Posted at 10:24 AM by Howard Bashman




"Ex-Professor Is Called Terrorist Leader": The New York Times contains this article today.

The Washington Post reports today that "Terrorism Trial Opens for Fired Professor in Fla."

The Los Angeles Times reports that "Line Between Ideas, Aid Is at Issue as Terrorism Trial Begins."

Josh Gerstein of The New York Sun reports that "Al-Arian Prosecutor Promises Inside Look at Terror."

The Miami Herald reports that "Prosecution, defense paint very different portraits of Al-Arian; Amid very tight security, the long-awaited trial of former USF professor Sami Al-Arian -- accused by the government of supporting a terrorist organization -- began Monday."

The Orlando Sentinel reports that "Al-Arian described as 'shrewd'; Prosecutor: The former USF professor led a double life."

The St. Petersburg Times reports that "Al-Arian's case opens with questions of terror; The prosecution tries to link the former USF professor to killings in Israel; the defense says there's no connection."

And The Tampa Tribune today contains articles headlined "Both Sides Bring Up Jihad" and "All Involved Agree Case Is About Justice." And yesterday, in addition to the articles I previously noted here, the newspaper published an article headlined "Israeli Couple Comes To Tampa For Trial."
Posted at 10:20 AM by Howard Bashman




"Judicial Committee Hears Circuit Judge's Plagiarism Case": This article appears today in The Tampa Tribune.

And The St. Petersburg Times reports today that "Plagiarism tip scrutinized; A prosecutor who said he received the claim against Hillsborough Circuit Judge Gregory Holder faced heavy questioning on the first day before the Judicial Qualifications Commission."
Posted at 10:00 AM by Howard Bashman




"Supreme Court Rules That Disabilities Act, in Part, Applies to Foreign Cruise Ships": Linda Greenhouse has this article today in The New York Times.

Charles Lane of The Washington Post reports today that "Court Rules Ships Must Obey Laws On Disabled."

David G. Savage of The Los Angeles Times reports that "Justices Extend Disabled Act to Cruises; Foreign ships sailing from U.S. ports can't charge higher fares or provide a lower level of service, a split Supreme Court says."

In USA Today, Joan Biskupic has an article headlined "Justices: Disabilities act applies to foreign cruise ships."

Michael McGough of The Pittsburgh Post-Gazette reports that "Disabled travelers boosted; Foreign cruise ships docking in U.S. must comply, court rules."

The Houston Chronicle reports that "Cruise ruling backs access for disabled; But high court does not require vessel retrofitting."

The Miami Herald reports that "Court extends disabled rights; A Supreme Court ruling Monday gave disabled cruise ship passengers new rights, saying U.S. laws apply to foreign-flagged ships."

The South Florida Sun-Sentinel reports that "Supreme Court says cruise ships must provide better wheelchair access."

Florida Today reports that "Cruise ships must boost access; Disabled happy, industry warns of costly effects."

And The Leaf-Chronicle of Clarksville, Tennessee reports that "Local woman wins cruise line case; Court applies ADA to foreign ships; Wheel Me On lawsuit will proceed."
Posted at 09:55 AM by Howard Bashman




"Another Bush Judicial Choice Nears Vote": The New York Times contains this article today.

The U.S. Senate's debate on the nomination of Janice Rogers Brown to serve on the U.S. Court of Appeals for the D.C. Circuit is resuming at this moment. Live coverage is available online via C-SPAN2. A cloture vote on this nomination is scheduled for noon today.
Posted at 09:45 AM by Howard Bashman




"State loses lawsuit over Glacier Bay; U.S. government owns land underneath park, not the state, justices rule": This article appears today in The Anchorage Daily News.
Posted at 09:40 AM by Howard Bashman



On today's broadcast of NPR's "Morning Edition": This morning's broadcast contained segments entitled "Medical Marijuana Ruling Has Far-Reaching Impacts" (featuring Nina Totenberg); "Senate to Vote on Controversial Bush Judicial Nominee"; and "Florida High Court Reviews School Vouchers."
Posted at 09:35 AM by Howard Bashman



"R.I. high court dismisses suit challenging chief justice; Lawyer Keven A. McKenna had argued that Frank J. Williams was no longer the state's chief justice because he had accepted a federal appointment to a military tribunal review commission": This article appears today in The Providence Journal.

Yesterday's ruling of the Supreme Court of Rhode Island can be accessed at this link.
Posted at 09:15 AM by Howard Bashman




The Los Angeles Times is reporting: Today's newspaper contains articles headlined "U.S.' Years-Long Battle With Tobacco Firms Nears an End; Billions of dollars are at stake in a lawsuit as closing remarks start; A ruling may take months" and "Difficult Task for Jackson Jurors; The panel may find it impossible to follow the 98 pages of rules set by the judge, analysts say."
Posted at 08:10 AM by Howard Bashman



"Appeals court backs KC police; $2 million judgment tossed out": The Kansas City Star today contains this article reporting on yesterday's en banc ruling of the U.S. Court of Appeals for the Eighth Circuit, which I first noted here.
Posted at 07:30 AM by Howard Bashman



"Senate Begins Debate on Bush Judicial Pick; The filibuster deal is expected to clear Janice Rogers Brown's path to the federal bench": Maura Dolan has this article today in The Los Angeles Times, along with a lengthy and interesting profile of the nominee headlined "Judge Appears to Follow Own Conservative Path."

The Washington Times reports today that "Cloture vote expected on Brown nomination."

And The Washington Post today contains an editorial entitled "Reject Justice Brown."
Posted at 06:50 AM by Howard Bashman




"Justices Say U.S. May Prohibit the Use of Medical Marijuana": Linda Greenhouse has this article today in The New York Times. The newspaper also reports that "Drug's Users Say Ruling Won't End Their Efforts."

In The Washington Post, Charles Lane has an article headlined "A Defeat For Users Of Medical Marijuana; State Laws No Defense, Supreme Court Rules." A related article is headlined "User of Medical Marijuana Says She'll Continue to Fight."

In The Los Angeles Times, David G. Savage reports that "Justices Rule U.S. Can Ban Medical Pot; The high court says federal anti-marijuana statutes override laws in California and other states that allow the plant's use to ease illness." A related article reports that "Marijuana Patients Remain Defiant."

In USA Today, Joan Biskupic has an article headlined "Court: Let Congress legalize it." Related articles are headlined "Patients who use marijuana fear worst if forced to stop; Their dilemma: Break law or be in pain" and "Pot studies difficult to organize, analyze."

In The San Francisco Chronicle, Bob Egelko reports that "Medical pot users say they won't stop; Court's ruling: States can't shield patients from U.S. law." Related articles are headlined "Legal impact: Consensus is enforcement won't increase" and "Plaintiffs say they won't stop fighting -- or lighting; Lobbying Congress, more legal wrangling to follow court ruling."

In The Chicago Tribune, Jan Crawford Greenburg reports that "Top court rejects marijuana for sick; U.S. laws trump states' statutes." Jan was also among those who discussed the ruling (transcript with link to audio) on yesterday evening's broadcast of PBS's "The NewsHour with Jim Lehrer."

law.com's Tony Mauro reports that "Justices' Ruling in Medical Marijuana Case Marks Shift for States' Rights."

The Washington Times reports that "Court rules state can't protect medical pot users."

In The Baltimore Sun, Gail Gibson reports that "Medicinal use of marijuana dealt setback; Supreme Court upholds federal prosecutions; Medical merits not considered."

Michael McGough of The Pittsburgh Post-Gazette reports that "Medical marijuana users lose out in Supreme Court ruling." In related coverage, the newspaper contains an article headlined "Science murky on marijuana's effects; Is it more effective than medications?"

In The San Jose Mercury News, Howard Mintz reports that "High court rules U.S. pot laws trump states." The newspaper also reports that "Ruling worries Santa Cruz group; Local medicinal marijuana providers, users fear being targeted by federal law agents."

In The Oakland Tribune, Josh Richman reports that "High court says 'no' to pot; Ruling in Oaklander's case lets feds prosecute medical marijuana users; advocates turn to House."

The San Diego Union-Tribune reports that "Medical pot users can be prosecuted, justices rule; Supreme Court decision trumps California law."

The Press-Enterprise of Riverside, California reports that "States' pot laws eclipsed; Relief outweighs arrest risk, Inland medical-pot users say."

The Oroville Mercury-Register reports that "Oroville plaintiff says she'll keep growing pot."

The Los Angeles Daily News reports that "Court snuffs medical pot use."

The San Francisco Examiner reports that "Fear of pot club raids arises; Officials: State laws on medical use still rule"; "Local facilities still open"; and "Decision upsets county supporters."

The New York Daily News reports that "High court rejects pot as medicine."

The Denver Post contains an article headlined "Court: states' pot prosecutions okay."

The Rocky Mountain News contains articles headlined "Medicinal pot suffers setback; Local users unlikely to face arrest, say Colorado prosecutors"; "Pot users see ruling as restraint on liberties"; and "Congress unlikely to step in; Chances for Udall's bill to let states rule deemed 'none, zero.'"

The Houston Chronicle reports that "Ruling deals setback to marijuana medical use; Justices say users are still subject to federal prosecution."

The Arizona Republic reports that "Court snuffs medicinal pot; Federal law prevails over Ariz., 11 other states."

The Oregonian reports that "Court rejects medical pot laws; U.S. justices rule that patients who use marijuana risk federal prosecution, but it's unclear if drug agents will pursue them."

The Salem (Ore.) Statesman Journal reports that "Impact of medical-marijuana ruling on Oregon unclear."

The Seattle Post-Intelligencer reports that "High court deals blow to medical marijuana; Users can be prosecuted under federal drug laws."

The Anchorage Daily News reports that "For Alaska, marijuana situation status quo, officials indicate."

The Toronto Globe and Mail reports that "Top court lets U.S. ban medicinal pot; Sick people who use marijuana for pain no longer protected by state law, judges say."
Posted at 06:45 AM by Howard Bashman




"At long last, Owen takes federal oath; After four years at center of debate, judge is sworn in surrounded by family and friends": This article appears today in The Houston Chronicle.

The Fort Worth Star-Telegram reports today that "Owen joins court, offers thanks to supporters."

The San Antonio Express-News reports that "After a long wait, Owen is sworn in."

And The Daily Texan reports that "With Senate filibuster lifted, Owen sworn in to appeals court; Gov. Perry praises Owen for 'lesson in civility.'"
Posted at 06:20 AM by Howard Bashman



Monday, June 06, 2005


Potential U.S. Supreme Court nominees deliver commencement addresses: This past Saturday's broadcast of C-SPAN's "America and the Courts" featured "commencement addresses from former Solicitor General Theodore Olson and 4th Circuit Court of Appeals Judge Harvie Wilkinson." You can view the broadcast online by clicking here (RealPlayer required).
Posted at 08:50 PM by Howard Bashman



"Starbucks vs. Star Bock: Beverage battle waged in Galveston courtroom." The Houston Chronicle provides this news update.
Posted at 08:44 PM by Howard Bashman



Also on this evening's broadcast of NPR's "All Things Considered": In addition to the segments that I linked to earlier here, the broadcast contained segments entitled "Senate Returns to Action"; "Terror Trial Opens in Florida": and "Judge Upholds Election of Washington Governor." RealPlayer is required to launch these audio segments.
Posted at 08:33 PM by Howard Bashman



"Justices Uphold Federal Medical-Marijuana Prosecutions": Linda Greenhouse of The New York Times provides this news update.

And Stephen Henderson of Knight Ridder Newspapers reports that "High court sides with feds, OKs medicinal marijuana prosecutions."
Posted at 08:25 PM by Howard Bashman




In Gonzales v. Raich-related news from The Associated Press: Now available are articles headlined "Court Ruling to Affect Cancer Patients"; "Group: Legalized Marijuana Is Long Shot"; and "Calif. AG: Don't Panic Over Pot Ruling."
Posted at 05:50 PM by Howard Bashman



"Senate to Try to Confirm Bush Nominees": Jesse J. Holland of The Associated Press provides this report. The U.S. Senate has wrapped-up its session for today and is scheduled to hold a cloture vote on the nomination of Janice Rogers Brown to join the D.C. Circuit at noon eastern time tomorrow.
Posted at 05:45 PM by Howard Bashman



On this evening's broadcast of NPR's "All Things Considered": The broadcast contained segments entitled "Supreme Court Asserts Federal Oversight of Marijuana Use" (featuring Nina Totenberg) and "Cruise Ships Covered by Disabilities Law." RealPlayer is required to launch these audio segments.
Posted at 05:35 PM by Howard Bashman



"Judges fume over remedial program; Call lawyer evaluations, mentor plan humiliating": This article appears today in The Boston Globe.
Posted at 05:00 PM by Howard Bashman



One more license plate that you can't have in Washington State: "Wonkette" provides the details here, and the license plate in question doesn't even appear to spell out the chemical formula for any illicit drugs.
Posted at 04:40 PM by Howard Bashman



"Ex-NFL Teammates Head to Trial Over Number": The Associated Press provides this report about a fact pattern that might make for an interesting Contracts exam question in law school.

Update: The AP is now reporting that "Portis Pays $18,000 to End Jersey Dispute."
Posted at 04:14 PM by Howard Bashman




"Court Says No to Medical Pot": This segment (RealPlayer required) featuring Lyle Denniston appeared on today's broadcast of the public radio program "Here and Now."
Posted at 03:54 PM by Howard Bashman



"SCOTUSblog" launches "The Supreme Court Nomination Blog": You can access the new blog here. Now someone must leave the Court posthaste!
Posted at 03:50 PM by Howard Bashman



The author of "Ninomania" offers his take on Gonzales v. Raich: If this keeps up, the title of the blog could possibly change to "Clarencemania" or "Sandymania."
Posted at 03:22 PM by Howard Bashman



Warren Richey is reporting: In Tuesday's edition of The Christian Science Monitor, he will have articles headlined "'No' on medical marijuana use" and "Disability requirements extended to foreign cruise ships; The Supreme Court rules 5 to 4 that cruise lines operating in US waters must take steps to make their ships accessible to all passengers."
Posted at 03:04 PM by Howard Bashman



On today's broadcast of NPR's "Day to Day": The broadcast contained segments entitled "Slate's Jurisprudence: High Court Nixes Medical Pot" (featuring Emily Bazelon) and "Medical Marijuana Users Alarmed by Court's Ruling." RealPlayer is required to launch these audio segments.
Posted at 03:00 PM by Howard Bashman



Eleventh Circuit finds no merit in federal constitutional challenges to Florida's sex offender registration/notification scheme and DNA collection statute: You can access today's ruling of the U.S. Court of Appeals for the Eleventh Circuit at this link.
Posted at 02:54 PM by Howard Bashman



The wire services are reporting: The Associated Press reports that "Suit Challenges S.D. Abortion Law."

And from California, Reuters reports that "Microsoft ordered to pay $9.9 mln in patent case."
Posted at 02:45 PM by Howard Bashman




"Judge upholds election, rejects every GOP claim": The Seattle Times provides this news update.

And Law Professor Rick Hasen, at his "Election Law" blog, offers a post titled "How Will Washington Republicans Do on Appeal?"
Posted at 02:12 PM by Howard Bashman




"Court decides Gonzales v. Raich": Yale Law Professor Jack M. Balkin offers this post at his blog "Balkinization."
Posted at 02:08 PM by Howard Bashman



View online this afternoon's debate in the U.S. Senate over the nomination of Janice Rogers Brown to serve on the U.S. Court of Appeals for the D.C. Circuit: You can view the debate live via C-SPAN2 by clicking here.
Posted at 02:00 PM by Howard Bashman



"High Court Permits Prosecution of Medical Marijuana Users": David G. Savage of The Los Angeles Times provides this news update.

And today's broadcast of NPR's "Morning Edition" contained a segment entitled "High Court Allows Prosecution of Medical Marijuana Use" featuring Nina Totenberg (RealPlayer required).
Posted at 01:55 PM by Howard Bashman




The Associated Press is reporting: An article reports that "Wash. Judge Upholds Gubernatorial Vote."

David Kravets reports that "Marijuana Plaintiff to Defy Court Ruling." In related coverage, "Rehnquist Backs Medical Marijuana Patients."

And an article reports that "Court Overturns Judgment Against Home Depot." The ruling of the New Mexico Court of Appeals can be accessed here.
Posted at 01:50 PM by Howard Bashman




BREAKING NEWS -- Trial judge refuses to overturn results of Washington State's governor's election: The Seattle Post-Intelligencer provides a news update headlined "Judge upholds Gregoire's election."
Posted at 12:55 PM by Howard Bashman



Live blogging of today's Washington State governor's race election challenge ruling: David Postman, Seattle Times chief political reporter, is blogging the ruling here.

And Law Professor Rick Hasen is blogging the ruling here.
Posted at 12:44 PM by Howard Bashman




"Owen Takes Oath for Seat on Appeals Court": The Associated Press reports here that "Texas judge Priscilla Owen, the subject of a long and heated confirmation battle in the U.S. Senate, took the oath of office Monday for her new seat on the 5th U.S. Circuit Court of Appeals."
Posted at 12:40 PM by Howard Bashman



"Judge to Issue Decision in Wenatchee Election Contest": TVW, Washington State's Public Affairs Network, will broadcast live online today's ruling in the lawsuit to overturn the results of that State's gubernatorial election. You can access the live coverage at this link. The trial court is expected to begin delivering its ruling in approximately ten minutes from now, at noon eastern time.
Posted at 11:50 AM by Howard Bashman



Today's rulings of note from the U.S. Court of Appeals for the Eighth Circuit: By a vote of 8-4, the en banc Eighth Circuit has overturned a $2 million judgment entered in a federal civil rights action brought by an individual who was shot and severely injured when police conducted a nighttime no-knock forced entry on a search warrant for drugs. You can access the decision at this link.

And in a separate decision, a three-judge panel holds that the Sarbanes-Oxley Act of 2002 does not retroactively revive time-barred claims brought under the Securities Exchange Act of 1934.
Posted at 11:33 AM by Howard Bashman




BREAKING NEWS -- "Court Rules Against Pot for Sick People" Gina Holland of The Associated Press provides this report. Update: You can access the complete decision at this link.
Posted at 10:13 AM by Howard Bashman



"Lea Fastow leaves prison": Mary Flood of The Houston Chronicle provides a news update that begins, "Moments before 4 a.m., just as sprinklers started outside the downtown Federal Detention Center, Lea Fastow emerged from prison today flanked by her husband, sister and lawyers after serving nearly 11 months for lying about income from an Enron deal on her tax return."
Posted at 10:10 AM by Howard Bashman



Today's U.S. Supreme Court Order List and opinions in argued cases: The Supreme Court of the United States announced rulings in three argued cases today.

1. Justice John Paul Stevens delivered the opinion of the Court in Gonzales v. Raich, No. 03-1454. You can access the syllabus here; Justice Stevens' opinion here; Justice Antonin Scalia's opinion concurring in the judgment here; Justice Sandra Day O'Connor's dissent here; Justice Clarence Thomas's dissent here; and the oral argument transcript here.

2. Justice Anthony M. Kennedy announced the judgment of the Court in Spector v. Norwegian Cruise Line Ltd., No. 03-1388. You can access the syllabus here; Justice Kennedy's opinion here; Justice Ruth Bader Ginsburg's opinion concurring in part and concurring in the judgment here; Justice Thomas's opinion concurring in part, dissenting in part, and concurring in the judgment in part here; Justice Antonin Scalia's dissenting opinion here; and the oral argument transcript here.

3. Justice Kennedy delivered the opinion of the Court in Alaska v. United States, No. 128 Orig. You can access the syllabus here; Justice Kennedy's opinion here; Justice Scalia's opinion concurring in part and dissenting in part here; and the oral argument transcript here.

Today's Order List can be accessed here. The Court granted review in one case and requested the views of the Solicitor General in another.

At "SCOTUSblog," Lyle Denniston provides this early report.

In other early press coverage, Gina Holland of The Associated Press reports that "Feds May Go After Sick People Who Use Pot" and "Supreme Court Rejects Women's Sports Case." The AP's Hope Yen reports that "Court Expands Scope of Disabilities Law." The AP also reports that "High Court Declines to Review Libel Suit." And James Vicini of Reuters provides reports headlined "Court: Government can bar medical marijuana use" and "U.S. disability law covers foreign cruise ships."

The Court will next issue orders and opinions on Monday, June 13, 2005.
Posted at 10:00 AM by Howard Bashman




On today's broadcast of NPR's "Morning Edition": This morning's broadcast contained segments entitled "Florida Professor Stands Trial on Terrorism Charges" and "How Ohio Views Its Maverick GOP Senators." RealPlayer is required to launch these audio segments.
Posted at 09:45 AM by Howard Bashman



"The Supreme Court Dismisses the Controversial Consular Rights Case: A Blessing in Disguise for International Law Advocates?" Louis Klarevas and Howard Schiffman have this essay online today at FindLaw.
Posted at 08:38 AM by Howard Bashman



On the agenda: The Supreme Court of the United States, at 10 a.m. today, is scheduled to issue an Order List and opinions in argued cases.

At noon eastern time today, a Washington State trial court judge is scheduled to announce his ruling in a challenge to the results of that State's election for Governor.

And at 2 p.m. today, the U.S. Senate is scheduled to begin what should be its final debates on the nomination of Janice Rogers Brown to serve on the U.S. Court of Appeals for the D.C. Circuit. My preview can be accessed here.
Posted at 07:30 AM by Howard Bashman




"Senators Rolling Up Sleeves -- With an Uncertain Agenda; Members of both parties want to get work done, but tempers are raw after the battle over Bush's selection for U.N. ambassador": This article today in The Los Angeles Times reports that "California Supreme Court Justice Janice Rogers Brown, is expected to be confirmed Wednesday" to a seat on the U.S. Court of Appeals for the D.C. Circuit and notes that a vote on Eleventh Circuit Judge William H. Pryor, Jr. could occur as early as this Thursday.
Posted at 07:22 AM by Howard Bashman



"It's crunch time for some of high court's biggest decisions; Chief justice may make major one: Will he stay or go?" Joan Biskupic has this article today in USA Today.

Today in The Washington Post, Charles Lane has an article headlined "A Look at a Rehnquist Legacy."

And in somewhat related news, The Salt Lake Tribune today contains an article headlined "Senate quarrels spark idea: Let people pick Supreme Court judges; BYU professor: He pitches a constitutional amendment."
Posted at 07:15 AM by Howard Bashman




In news from Washington State: The Seattle Post-Intelligencer reports today that "Judge rules on governor's election today; Loser is expected to appeal to state Supreme Court."

The Seattle Times reports today that "Judge's words have sketched framework for today's ruling" and "Thin crowd glimpses state history."

And The Olympian reported yesterday that "Both sides see winning angles in Wenatchee."
Posted at 07:11 AM by Howard Bashman




"The Law and the Golden Rule": The Los Angeles Times today contains an editorial that begins, "Imagine being arrested in a foreign country where you are unfamiliar with the language, the culture, the legal system or your rights, and never being allowed to contact a U.S. Consulate for help."
Posted at 07:10 AM by Howard Bashman



In news from Texas: The New York Times reports today that "Texas Governor Draws Criticism for a Bill-Signing Event at an Evangelical School."

The Fort Worth Star-Telegram reports today that "Ceremony at Christian school draws protesters; Perry signs abortion bill and gay marriage resolution."

The Dallas Morning News reports that "Perry signs parental consent legislation; Ceremony at Christian school in Fort Worth draws 250 protesters."

And The Daily Texan reports that "Perry signs abortion, marriage bills; Objectors protested the govenor's approval of the controversial abortion and same-sex marriage legislation."
Posted at 07:05 AM by Howard Bashman




"Voucher battle heads to court; The Florida Supreme Court will hear Bush vs. Holmes this week, with many educational and religious issues in the balance": The St. Petersburg Times contains this article today.

And The South Florida Sun-Sentinel reports today that "Challenge to Florida's school vouchers reaches Supreme Court."
Posted at 06:55 AM by Howard Bashman




"Ex-Professor, 3 Others Face Terrorism Trial; U.S. prosecutors will begin their case today in Florida against the four, who are accused of supporting a militant anti-Israel group": This article appears today in The Los Angeles Times.

Today in The New York Sun, Josh Gerstein has an article headlined "Shock and Awe Are Forecast in Terror Case."

The Guardian (UK) contains an article headlined "High-flying professor faces US terror trial."

The St. Petersburg Times contains an article headlined "Rush to put terror on trial stirs debate; Are cases hard to prove, or are prosecutors overzealous? Experts disagree."

And The Tampa Tribune contains articles headlined "Jihad Group Leaves Trail Of Violence"; "University Has Moved On, Students, Faculty Say"; and "Questions And Answers About The Major Players."
Posted at 06:45 AM by Howard Bashman




"Filibluster": Hendrik Hertzberg has this Talk of the Town comment in the June 13, 2005 issue of The New Yorker magazine.
Posted at 06:40 AM by Howard Bashman


Sunday, June 05, 2005


In re the Republican U.S. Senators from Ohio: The New York Times on Monday will contain an article headlined "A Teary-Eyed Rebel Defies Party Leaders."
Posted at 11:50 PM by Howard Bashman



"Finding Justice On a Small Scale; Recently Identified Archive Photo Captures a Young John Paul Stevens": Charles Lane has this article today in The Washington Post. The photograph at issue is a part of the Library of Congress's collection of photos from The Chicago Daily News.
Posted at 11:45 PM by Howard Bashman



"ICLU leaders balance freedom and faith; Organization's stand on separation of church and state has fostered an anti-religious image": This article appears today in The Indianapolis Star.
Posted at 11:15 PM by Howard Bashman



No Sweatt? The Austin American-Statesman today contains an article headlined "Courthouse name may not change; Travis panel doesn't recommend an honoree, says all of the candidates deserve recognition."
Posted at 11:10 PM by Howard Bashman



Seals and Cross: The Los Angeles Times on Thursday contained an article headlined "Engineer Battles for the Cross in Redlands' Seal; The city removed the Christian symbol from its sign after the ACLU complained, citing 1st Amendment concerns."

And from San Diego, The Union-Tribune recently published articles headlined "Soledad issue may affect race for mayor; Activist says supporters of cross will be key factor" and "Cross purposes: The symbol at the center of the Mount Soledad debate wasn't always embraced by Christians."
Posted at 11:05 PM by Howard Bashman




"Proposed ban on affirmative action incites fiesty debate": The Detroit Free Press offers this news update.
Posted at 10:40 PM by Howard Bashman



"First Court Case of Hussein Stems From '82 Deaths": In Monday's edition of The New York Times, John F. Burns will have an article that begins, "The Iraqi court set up to hear cases against Saddam Hussein and his top aides plans to bring him to trial by late summer or early fall in its first case, involving the 1982 killings of nearly 160 men from Dujail, a predominantly Shiite village north of Baghdad, after he survived an assassination attempt there, according to a senior Iraqi court official."
Posted at 10:35 PM by Howard Bashman



"Beginning at age 70, require every life-tenured professor and every life-tenured judge to take a test of mental acuity every five years": So suggests Seventh Circuit Judge Richard A. Posner in a post titled "Refusing to Retire: What Can Be Done When People Overstay Their Welcome?" published today at "The Becker-Posner Blog."
Posted at 08:50 PM by Howard Bashman



"Washington State Ruling Expected 9 AM Monday; What Comes Next?" Law Professor Rick Hasen has this post at his "Election Law" blog. The ruling is due at noon eastern time, Rick reports.

And The Associated Press reports that "Judge to Rule Monday on Wash. Governor."
Posted at 06:00 PM by Howard Bashman




"Battle Over Supreme Court Nominee Looms": Jesse J. Holland of The Associated Press provides this report.
Posted at 05:45 PM by Howard Bashman



Philadelphia Phillies 7, Arizona Diamondbacks 6: On a gorgeously sunny and warm afternoon in Philadelphia, my son and I today had the pleasure of attending this baseball game.

Apparently the Phillies stole the victory due to a second inning home run that wasn't. But it sure looked like a home run from where I was seated, and I haven't seen the replay yet on television.
Posted at 05:40 PM by Howard Bashman




"FAMU chair filled by its donor; Shirley Cunningham Jr. gave the FAMU law school $1-million for an endowed chair; He got the position and a $100,000 salary": The St. Petersburg Times contained this article yesterday.
Posted at 09:25 AM by Howard Bashman



"Judge left to mull vote-fraud claim": This article appears today in The Seattle Times.
Posted at 09:22 AM by Howard Bashman



"The law of the lands: Why US courts look overseas." Law Professor Sean D. Murphy has this op-ed today in The Boston Globe.
Posted at 09:18 AM by Howard Bashman



"The case for 'originalism'": Former U.S. Attorney General Edwin Meese III has this op-ed today in The Pittsburgh Tribune-Review.
Posted at 09:15 AM by Howard Bashman



"From Advocacy to Terrorism, a Line Blurs": Eric Lichtblau has this article about the Sami Al-Arian case today in The New York Times.

The Washington Post reports today that "Trial to Reveal Reach Of U.S. Surveillance; Wiretaps to Be Used Against 4 Terrorism Suspects."

The Tampa Tribune today contains articles headlined "Indictment Details Paper Trail"; "Palestinian Cause Is Life's Common Thread"; and "Family, Friends Cope With Loss Of Father, Husband, Counsel." The newspaper's web site offers additional background about the case at this link.

And The Orlando Sentinel reports today that "Al-Arian trial begins in shadow of 9-11; The case embodies the clash of new terror-fighting tools with civil liberties."
Posted at 09:04 AM by Howard Bashman




"Threats against family are grounds for asylum; Court rules U.S. can give haven if actions by kin bring harm": Yesterday in The San Francisco Chronicle, Bob Egelko had this article reporting on Friday's en banc ruling of the U.S. Court of Appeals for the Ninth Circuit.
Posted at 09:00 AM by Howard Bashman



In today's edition of The St. Petersburg Times: An article is headlined "A terrorist or scholar? Time for jury to decide; The trial of the former USF professor starts Monday, but the case is more than a decade in the making."

In other news, "Off road, off limits; Polk County land that was once sold as part of a scam now seems to exist outside the authority of government, and the reach of some landowners."

And an editorial is entitled "The public vs. the private: The state Supreme Court must take care not to erode our Sunshine Amendment when deciding how to handle court records in the digital age."
Posted at 08:44 AM by Howard Bashman



Saturday, June 04, 2005


"Compromise on judges set for critical test in Senate": The Atlanta Journal-Constitution will contain this article Sunday.

Sunday's issue of The Washington Post will contain an article headlined "Centrist Democrat a Test of GOP Hold; Nebraska's Nelson Could Help Thwart Drive to Build Filibuster-Proof Senate."

The Hispanic Link News Service offers an article headlined "Senate deal on judges worries Latino lawmakers."

From South Carolina, The Associated Press offers reports headlined "Graham Takes Heat Over Filibuster Deal" and "Graham: Filibuster compromise gives Senate new start." In related commentary, today The State contains an op-ed by John Drummond entitled "The punishment for Graham's good deed." And today in The Sun News, Todd Kincannon has an op-ed entitled "Graham's political deal on legal issue in error."

The Cincinnati Post today contains an editorial entitled "Hoping for a consensus."

The Kalamazoo Gazette on Wednesday published an editorial entitled "Hoping for an end to partisan paybacks" that begins, "Is the judicial tit-for-tat finally over?"

Today in The Washington Times, Linda Chavez has an op-ed entitled "Fractured compromise."

In The Naples Daily News, Dale McFeatters has an op-ed entitled "But what does it do - really? When Congress returns, maybe we'll find out what that filibuster agreement really means."

And at Human Events Online, Gary Bauer has an essay entitled "Revenge of the 'Moderates.'"
Posted at 11:44 PM by Howard Bashman




"Man allegedly comes drunk to traffic court": This article appears today in The Herald-Sun of Durham, North Carolina.
Posted at 11:32 PM by Howard Bashman



In news from Washington State: The Seattle Post-Intelligencer reports today that "Election case in judge's hands; But final ruling likely to come from state Supreme Court."

The Seattle Times today contains articles headlined "Election case is about trust, attorneys say" and "Judge makes courtly gesture on trial's last day."

The Olympian reports today that "GOP, Democrats give judge final pitches."

And The Los Angeles Times reports today that "GOP, Democrats Rest Their Cases in Washington Governor Dispute; A judge will decide whether to uphold the election of Christine Gregoire, challenged by the Republicans, or order a new vote."
Posted at 11:25 PM by Howard Bashman




"Spouse of abuser not liable, court says": The Kansas City Star today contains this article reporting on a decision that the Supreme Court of Kansas issued yesterday.
Posted at 10:28 PM by Howard Bashman



Release of Leroy Hendricks from confinement in Kansas as a sexual predator generates controversy: On June 23, 1997, the Supreme Court of the United States issued its 5-4 ruling in Kansas v. Hendricks.

Now, nearly eight years later, Hendricks is again in the news. The Lawrence Journal-World reports today that "Restraining order filed ordering Hendricks out; Leavenworth county opposing molester’s move."

The Leavenworth Times reported yesterday that "Infamous child molester moves into area."

And The Kansas City Star reports today that "Predator must leave facility; Leavenworth County wins a round in fight with state over sex offender."
Posted at 10:15 PM by Howard Bashman




"Judges Are Seeking Cover on The Bench; Safety Is Top Concern After Recent Attacks": The Washington Post on Sunday will contain a front page article that begins, "An unprotected head, an exposed neck and the top few inches of a judicial robe: That's all that can be seen of Judge Bruce Petrie as he bunkered down on his bullet-resistant judge's bench, panic button within reach, armed bailiffs nearby, taking on the first case of the day."
Posted at 09:20 PM by Howard Bashman



In today's edition of The Washington Post: A front page article is headlined "Deluxe Soccer Field in McLean Spurs Hard-Hitting Legal Match."

Charles Lane, who covers the U.S. Supreme Court for the newspaper, has an op-ed entitled "The Paradoxes of a Death Penalty Stance."

And a letter to the editor from U.S. Congressman Dan Lungren (R-CA) appears under the heading "Confirm Justice Brown."
Posted at 09:15 PM by Howard Bashman




"Deadlocked on every count; 10 days into deliberations, judge tells jury to keep working": The Birmingham News today contains an article that begins, "Jurors in the Richard Scrushy trial said Friday they were deadlocked on all 36 criminal counts facing the former HealthSouth Corp. chief executive."
Posted at 09:05 PM by Howard Bashman



"For high court, Bush seeks 'a certain temperament'; Sought: a conservative with 'confirmability.'" Gail Gibson had this article yesterday in The Baltimore Sun.
Posted at 08:58 PM by Howard Bashman



In Sunday's edition of The New York Times: Tomorrow's newspaper will contain articles headlined "Frist, His Authority Questioned, Says He'll Prevail in the Long Run" and "Concerns Arise at A.C.L.U. Over Document Shredding."
Posted at 01:25 PM by Howard Bashman



"Kidnap charge upheld for abducting own kids; Counts reinstated against Brick man": The Newark Star-Ledger today contains this article reporting on yesterday's ruling of the Appellate Division of the Superior Court of New Jersey.
Posted at 01:22 PM by Howard Bashman



"Size does matter, as this driver proved": Today in The Milwaukee Journal Sentinel, columnist Mike Nichols has an essay in which he writes about this recent ruling of the Wisconsin Court of Appeals.
Posted at 01:20 PM by Howard Bashman



The Toledo Blade is reporting: Today's newspaper reports that "Judge confirms ruling that may free Richey."

And yesterday, the newspaper contained an article headlined "Attorney asks for action in Richey case; Court order to retry or release death-row inmate stuck in holding pattern" that begins, "Supporters of Ohio death-row inmate Kenny Richey were elated last month after the U.S. 6th Circuit Court of Appeals ruled that the state had 90 days in which to retry him or set him free. The mood has turned sour in recent days."
Posted at 01:10 PM by Howard Bashman




Available online from law.com: Tony Mauro has an article headlined "On the Trail of the Latest High Court Contender" that begins, "He's the latest flavor of the week on the rapidly changing menu of potential Supreme Court nominees: Michael McConnell, a mild-mannered yet controversial judge from Utah who skis and hikes and last year taught a course on Plato's 'Republic.'"

Mike McKee of The Recorder has articles headlined "Calif. High Court Is of Two Minds on Jury Trial Waivers" and "Sour Reception for Lemon Law Case."

In other news, "5th Circuit: Civil Lawyers Have a Duty to Investigate Source of Fees." The Fifth Circuit's ruling can be accessed here.

In news from Georgia, "Ex-Porn Actor Is Now Ex-PoGo Lawyer."

And an article reports that "N.Y. Governor Introduces Bill to Raise Judges' Pay; Proposal includes 18.6 percent increase at trial level; no cost-of-living index."
Posted at 11:30 AM by Howard Bashman




"Removal of judge names criticized": The Pittsburgh Tribune-Review today contains an article that begins, "A decision to remove the names of judges from Allegheny County's real estate Web site undermines access to public records and sets a risky precedent, critics of the action said Friday."
Posted at 11:11 AM by Howard Bashman



"Texas scientist appeals jailing; Lawyers for Thomas Butler will argue that he has spent the past year in prison because of judicial error and national hysteria over bioterrorism": This article appears today in The Austin American-Statesman.
Posted at 10:44 AM by Howard Bashman



In news from Kansas: The Kansas City Star today contains an article headlined "More for schools, court says; Kansas justices order legislators to add $143 million; Ruling rejects local option budget increases, sets July 1 deadline" and an editorial entitled "Court ruling gives schools a chance."

The Wichita Eagle reports today that "Schools prevail; Court: Funding is millions short" and "Ruling elates schools' leaders; Superintendents see new money funding smaller classes and higher teacher salaries, among other things."

The Topeka Capital-Journal reports that "School fix rejected; Court gives Legislature $285 million target"; "Educators say state has its homework; Few surprised that local tax provision was struck down"; and "Bullock pleased with ruling."

And The Lawrence Journal-World reports that "Lawmakers told to double school spending; Supreme Court gives July 1 deadline; Legislature must hold special session" and "Lawrence school officials happy with ruling."
Posted at 09:20 AM by Howard Bashman




"Appeals Court Overrules Va. Late-Term Abortion Ban": The Washington Post contains this front page article today.

The Richmond Times-Dispatch reports today that "Abortion law struck down; Court says Virginia's partial-birth ban is unconstitutional because it doesn't protect woman's health."

And The Virginian-Pilot reports today that "Appeals court strikes down Va. 'partial-birth' abortion ban."
Posted at 09:00 AM by Howard Bashman



Friday, June 03, 2005


"Refugees in Limbo: Ordered Out of U.S., but With Nowhere to Go." This article will appear Saturday in The New York Times.
Posted at 10:42 PM by Howard Bashman



"Blogging: Getting Started." Brian R. Harris has this article today in The Legal Intelligencer, Philadelphia's daily newspaper for lawyers.
Posted at 10:35 PM by Howard Bashman



On Monday, Priscilla R. Owen is scheduled to be sworn-in to service on the U.S. Court of Appeals for the Fifth Circuit in Austin, Texas: So The Associated Press is reporting, here.

Because the Fifth Circuit allows its judges to choose which font to use in their published opinions, I'm hoping that Judge Owen chooses a good one, such as Book Antiqua, but certainly not Courier or Times New Roman. Plenty of other good suggestions are available here, via the Seventh Circuit.
Posted at 10:30 PM by Howard Bashman




The Associated Press is reporting: An article headlined "Pharmacists Can Be Liable for Drug Risks" reports on this ruling that Florida's Fourth District Court of Appeal issued yesterday.

And in news from Canada, "Judge Restricts Homolka's Post-Prison Life."
Posted at 10:10 PM by Howard Bashman




"California Court Takes on Lesbian Parental Rights Case": This segment (RealPlayer required) appeared on this evening's broadcast of NPR's "All Things Considered."
Posted at 08:45 PM by Howard Bashman



"Immigration Deluge Looms at 9th Circuit; New Law Means More Asylum and Deportation Cases": Peter Blumberg has this article today in The Daily Journal of California. The Ninth Circuit has posted online at its web site a "Special Notice Re: Real ID Act of 2005."
Posted at 07:40 PM by Howard Bashman



"America Courting Constitutional Disaster with Supreme Court Vacancies; PFAWF Study Documents Individual Liberties and Legal Protections at Risk from New Justices in mold of Scalia and Thomas": The organization People For the American Way has issued this press release today announcing the availability of a new report titled "Courting Disaster 2005: Americans' Constitutional Freedoms and Legal Protections are Threatened by the Radical Right."
Posted at 07:02 PM by Howard Bashman



"They undertake to 'litigate by day and copulate by night'": Senior Circuit Judge James C. Hill's opinion, dissenting from the Eleventh Circuit's resolution of an insurance coverage issue in a case involving live-in lovers, is somewhat amusing. You can access the complete ruling at this link.
Posted at 06:55 PM by Howard Bashman



Ray Luipa visits Disney World: The U.S. Court of Appeals for the Eleventh Circuit has today issued its ruling in the RLUIPA case known as Konikov v. Orange County, Florida. Additional background about the case can be accessed here thanks to The Becket Fund for Religious Liberty.
Posted at 06:45 PM by Howard Bashman



"The next abortion case?" Lyle Denniston has this post at "SCOTUSblog."
Posted at 06:42 PM by Howard Bashman



"Quattrone cites Andersen ruling in appeal request": Reuters provides this report.
Posted at 06:11 PM by Howard Bashman



First Circuit rejects defamation lawsuit filed by Madonna's former lover: You can access today's ruling of the U.S. Court of Appeals for the First Circuit at this link.

The trial court, in rejecting the defamation claim, had ruled that imputing homosexuality can no longer be considered defamatory per se in Massachusetts. The First Circuit affirmed on other grounds and thus found it unnecessary to decide the correctness of that ruling.
Posted at 05:33 PM by Howard Bashman




"Court orders Kansas Legislature to double education money": The Kansas City Star provides this news update.
Posted at 04:42 PM by Howard Bashman



The Supreme Court of Kansas' school funding decision is now available online: You can access the ruling at this link, and the court's summary of its ruling is here.

The summary begins, "The Supreme Court today unanimously ordered school funding for the coming school year to be increased no later than July 1 from approximately $142 million appropriated by the 2005 Legislature to $285 million above the past school year's level of funding."
Posted at 04:10 PM by Howard Bashman




"Appeals court strikes down Va. abortion ban": The Associated Press provides this report.
Posted at 04:05 PM by Howard Bashman



Divided Fourth Circuit panel affirms federal district court's ruling that declared Virginia's partial birth abortion ban unconstitutional: You can access today's ruling of the U.S. Court of Appeals for the Fourth Circuit at this link.

The majority opinion, written by Circuit Judge M. Blane Michael, begins:

This case involves a facial challenge under the Fourteenth Amendment to a Virginia statute that attempts to criminalize "partial birth abortion," which the statute terms "partial birth infanticide." In a summary judgment order the district court declared the statute invalid for several reasons. We affirm because it lacks an exception to protect a woman's health.
Circuit Judge Paul V. Niemeyer issued a passionate dissent. Here is just a sample:
The majority's opinion is a bold, new law that, in essence, constitutionalizes infanticide of a most gruesome nature. The plaintiff Dr. William Fitzhugh, an abortionist, sought, through this lawsuit, to protect his ability to perform abortions by crushing infants’ skulls or dismembering their limbs when they are inches away from being fully delivered alive without injury to the infant or to the mother. In his words, "My job on any given patient is to terminate that pregnancy, which means that I don't want a live birth." By expanding abortion rights to this extent, the majority unnecessarily distances our jurisprudence from that of the Supreme Court and from general norms of morality. I profoundly dissent from today's decision.
You can access the dissent directly at this link (starting on page 18 of the PDF file).

Last October, I linked here to press coverage of the Fourth Circuit's oral argument in this appeal.
Posted at 03:40 PM by Howard Bashman




"Scrushy jury deadlocked; judge says 'keep at it'": Reuters provides this report.

And The Associated Press provides a report headlined "Judge to Scrushy Jury: Keep Deliberating."
Posted at 03:33 PM by Howard Bashman




"Ruling Eases Use of Police Personnel Files for Defense": Today in The Los Angeles Times, Maura Dolan has this article reporting on yesterday's ruling of the Supreme Court of California.

And today in The San Francisco Chronicle, Bob Egelko reports that "Ruling opens up police officers' personnel file."
Posted at 12:02 PM by Howard Bashman




"School finance ruling coming today": The Associated Press reports here that "The Kansas Supreme Court today plans to release its much-anticipated ruling on the legality of the state's school finance formula."

The opinion will be posted online at 3 p.m. central time at the web site of the Kansas Judicial Branch.
Posted at 10:20 AM by Howard Bashman




"Austin lawmaker says chief justice threatened him; Jefferson denies Keel's allegation": The Austin American-Statesman today contains an article that begins, "Rep. Terry Keel, R-Austin, repeated Thursday that Texas Supreme Court Chief Justice Wallace Jefferson threatened to punish him politically if judges did not get a pay raise."
Posted at 09:35 AM by Howard Bashman



"'Sunscreen' speech rings familiar; Springstead High's principal says she didn't mean to plagiarize her graduation speech from a Chicago Tribune column": This article appears today in The St. Petersburg Times.
Posted at 08:55 AM by Howard Bashman



The St. Louis Post-Dispatch is reporting: Today's newspaper contains articles headlined "Special court confers compassionate justice" and "Ex-priest is released from prison."

And yesterday's newspaper reported that "Dream car turns into court battle."
Posted at 08:50 AM by Howard Bashman




"Man ordered to pay for healing ritual": Reuters reports here that "A California man who injured three Hmong men in a fight must pay their medical bills including more than $6,000 for animals and herbal medicines used in traditional healing ceremonies, a court has ruled."

My earlier report on this matter, from one week ago today, can be found at this link.
Posted at 08:00 AM by Howard Bashman




"Judges taken off Allegheny County real estate Web site; Security concerns cited in wake of shootings": This article appears today in The Pittsburgh Post-Gazette.

And The Pittsburgh Tribune-Review reports today that "Judges' names come off assessment site."
Posted at 06:33 AM by Howard Bashman




"WTO 'no protest zone' was OK; But court says its enforcement can be challenged": The Seattle Post-Intelligencer contains this article today.

And The Seattle Times reports that "Court upholds WTO no-protest zone."
Posted at 06:24 AM by Howard Bashman




"Bush Poised to Nominate Dozens For Judgeships, GOP Insiders Say": This article appears today in The Washington Post. You can access a list of current federal judicial vacancies here and future vacancies here.
Posted at 06:20 AM by Howard Bashman


Thursday, June 02, 2005


"Trial Judges Will Hear Appeals in Sentencing; 9th Circuit District Court Jurists Will Make Determination": The Daily Journal of California today contains this article reporting on yesterday's en banc ruling of the U.S. Court of Appeals for the Ninth Circuit.
Posted at 08:55 PM by Howard Bashman



"Judge to rule Monday in election challenge trial": The Associated Press provides this report from Washington State.
Posted at 08:33 PM by Howard Bashman



On today's broadcast of NPR's "Talk of the Nation": The broadcast contained segments entitled "Confidentiality and the Law" and "Internet Body Approves Dot-XXX Domain." RealPlayer is required to launch these audio clips.
Posted at 06:08 PM by Howard Bashman



"Poway eighth-grader wins National Spelling Bee": The San Diego Union-Tribune provides this news update.
Posted at 05:58 PM by Howard Bashman



The Associated Press is reporting: Now available online are articles headlined "Hearing Held for Notorious Canada Inmate" and "Sen. Vitter Takes on Colleague in Speech."
Posted at 05:50 PM by Howard Bashman



"Cooper: Live-in lawsuit baseless; Woman: Sheriff pressed her to wed." The Associated Press reports here that "A lawsuit aimed at overturning North Carolina's 200-year-old law against unmarried couples living together is baseless and should be dismissed, says a motion filed by Attorney General Roy Cooper."
Posted at 05:05 PM by Howard Bashman



"White House counsel's ouster sought; Former Lawrence attorney now under fire for stance on gay discrimination": This article appears today in The Lawrence (Kan.) Journal-World.

In related coverage, The Washington Post last week published articles headlined "Official Says Law Doesn't Cover Gays; Counsel Cites Lack of Authority to Enforce Discrimination Ban" and "Senators Criticize Special Counsel's Treatment of Employees."
Posted at 04:55 PM by Howard Bashman




The National Women's Law Center launches blog focusing on judicial nominations: You can access here a press release issued today announcing the blog, while the blog itself can be accessed by clicking on its name -- "NominationWatch."
Posted at 04:35 PM by Howard Bashman



An appellate judge blogs anonymously? Say hello to the blog "Have Opinion, Will Travel," while keeping in mind that on an anonymously-written blog anyone can be an appellate judge.

For appellate judges who blog for attribution, see here and here. Update: See also here and here.
Posted at 04:10 PM by Howard Bashman




"'Justice has prevailed'; It's the end of one of Lancaster County's most infamous murder cases; More than 13 years after the brutal slaying of Laurie Show, the U.S. Supreme Court rejects Lisa Michelle Lambert's final appeal": This article appeared yesterday in The Lancaster (Pa.) New Era.
Posted at 04:02 PM by Howard Bashman



"Case Challenges Child Support Rules for Sperm Donors": This segment (RealPlayer required) appeared on today's broadcast of NPR's "Day to Day."
Posted at 04:00 PM by Howard Bashman



"Brown Model Jurist for Filibuster Fight": David Kravets of The Associated Press has a report that begins, "Janice Rogers Brown, a sharecropper's daughter who became the first black woman and most conservative justice on California's Supreme Court, is a model jurist for U.S. Senate Republicans fighting judicial filibusters."
Posted at 03:55 PM by Howard Bashman



"Sex killer fights limits on her freedom": Reuters provides a report that begins, "A notorious Canadian sex killer made her first public appearance in more than a decade on Thursday to fight a request that she be kept under close watch after she completes a prison sentence in several weeks for the torture and killing of two schoolgirls."

Canadian Press reports that "Homolka sheds tears at sister's death; Judge assures lawyers that he won't be influenced by Ontario premier."

In other coverage, The Montreal Gazette today contains an article headlined "Keep Homolka on leash, judge to be urged today; Ontario seeking fetters after imminent release." Canada.com offers access to additional coverage of the case both here and here.

The Toronto Globe and Mail provides a news update headlined "Homolka in court as release nears." That newspaper today also contains an article headlined "Won't greet Karla, Homolka family says; Residents of infamous killer's hometown want her to stay away from scene of crime."

And The Toronto Star today reports that "Homolka still a risk police inspector says; But psychiatrist claims she's fine; Although therapy needed, he says."
Posted at 03:45 PM by Howard Bashman




"Rehnquist Runs an Efficient Supreme Court": Gina Holland of The Associated Press provides this report.
Posted at 03:30 PM by Howard Bashman



Ninth Circuit decides appeal involving World Trade Organization-related riots in Seattle: Today a partially divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued a decision in which the majority opinion begins:
In this case we search for the proper balance between, on the one hand, the vibrant rights of free speech and assembly in an open society and, on the other hand, the needs of a city to maintain order and security. We consider the constitutionality of an emergency order prohibiting access to portions of downtown Seattle, Washington, during the 1999 World Trade Organization (WTO) conference. Appellants filed lawsuits in the United States District Court for the Western District of Washington seeking damages for the constitutional rights that were alleged to be violated by the emergency order. Four of the Appellants also filed individual claims in which they alleged that their constitutional rights were infringed by Seattle police officers in the course of the conference. We determine that the emergency order was a constitutional time, place, and manner restriction on speech on its face, and we affirm the judgment of the district court on that issue. But we also determine that there are genuine issues of material fact whether the emergency order was constitutional as applied to certain Appellants, and we reverse and remand for trial on that issue. As for the Appellants' individual claims, we affirm in part, reverse in part, and remand.
The Ninth Circuit has posted online both the court's ruling and an appendix thereto.

In early press coverage, The Associated Press reports that "Court rules police may have gone too far in WTO protests."
Posted at 03:24 PM by Howard Bashman




On today's broadcast of NPR's "Morning Edition": This morning's broadcast contained segments entitled "Washington Library Tested by Patriot Act"; "Library Records Led to Break in Unabomber Case"; and "Choosing Words for the National Spelling Bee." RealPlayer is required to launch these audio clips.
Posted at 09:22 AM by Howard Bashman



In news from Mississippi: The Clarion-Ledger of Jackson today contains articles headlined "Prosecutor: Judges given payoffs" and "Miss. law limiting abortions blocked; State law would have prevented some abortions after 13 weeks' gestation."

And The Sun Herald of Biloxi today contains an article headlined "Feds: Money hidden; Prosecutor: Judges knew they were doing wrong."
Posted at 07:40 AM by Howard Bashman




In news from Washington State: The Seattle Post-Intelligencer reports today that "Expert diputes GOP's method; Party's way of counting votes 'just doesn’t work.'"

And The Seattle Times today contains articles headlined "Elections chief Logan put on hot seat -- by judge" and "Rossi hard-pressed to prove fraud, says man whose case set precedent."
Posted at 07:30 AM by Howard Bashman




"A Gift to the Gun Industry": The Washington Post today contains an editorial that begins, "The Protection of Lawful Commerce in Arms Act, which the House Judiciary Committee approved last week, is not a nuanced piece of legislation." You can view the proposed legislation at this link.
Posted at 07:22 AM by Howard Bashman



"The Supreme Court's New Ruling on the Religious Land Use and Institutionalized Persons Act's Prison Provisions: Deferring Key Constitutional Questions." FindLaw commentator Marci Hamilton has this essay today.
Posted at 07:20 AM by Howard Bashman



"Bringing Fairness to Drug Sentencing": The New York Times today contains an editorial that begins, "Congress spawned a national trend toward discriminatory sentencing when it drew a false distinction between powdered cocaine and crack cocaine for law enforcement purposes during the 1980's."
Posted at 07:17 AM by Howard Bashman



The Indianapolis Star is reporting: Today's newspaper contains articles headlined "Speaker of House defends prayers; ICLU says invocations don't reflect all faiths; Bosma vows to fight suit" and "Some states limit prayers at legislature; Mentioning specific deities, like Jesus, can be against the rules."

And in other news, "Judge refuses to delay medical records seizure."
Posted at 07:12 AM by Howard Bashman




"How a Lawyer Finally Unveiled 'Deep Throat'": This article (free access provided) appears today in The Wall Street Journal.
Posted at 07:10 AM by Howard Bashman



"Court Backs Sentencing Reviews; The 9th Circuit in San Francisco says the original judges should hear challenges to sentences set under mandatory guidelines": Henry Weinstein has this article today in The Los Angeles Times.

Today in The San Francisco Chronicle, Bob Egelko reports that "Sentencing judges to decide on cutting terms."

And David Kravets of The Associated Press has a report headlined "U.S. Court: Thousands Can Challenge Terms."
Posted at 07:05 AM by Howard Bashman



Wednesday, June 01, 2005


"Myers Confirmation on Senate Chopping Block": FOXNews.com provides this report.

The Lincoln Journal Star yesterday published an article headlined "Nelson: Deal allows action on energy, highways."

The Cincinnati Enquirer today contains an article headlined "DeWine's name helps - and hurts; A long political tradition, but also whispers."

The Associated Press provides reports headlined "Kennedy: Too early to tell impact of deal on judges" and "Christian groups criticize DeWine's role in compromise."

The Reading (Pa.) Eagle today contains an editorial entitled "Senators edge away from nuclear option; A Senate compromise avoids the so-called nuclear option on filibustering judicial nominees." (Yes, this newspaper now presents its editorials as blog posts -- too cool!)

The Albuquerque Tribune yesterday contained an editorial entitled "Senate finally found its (common) senses."

Today in The Washington Times, Bruce Fein has an op-ed entitled "More Dunkirk than defeat."

Online at The Weekly Standard, Scott Johnson has an essay entitled "Saying Goodbye to a Great One: Of big bands, a big man and Janice Rogers Brown."

The Northeast Mississippi Daily Journal yesterday contained an op-ed by Charlie Mitchell entitled "Cochran, Lott opted out of the comity comedy."

On Monday, the Arkansas News Bureau published an op-ed by John Brummett entitled "Can the Gang of 14 shoot straight?"

And last week in The Orlando Sentinel, Peter A. Brown had an op-ed entitled "John McCain sitting pretty."
Posted at 11:45 PM by Howard Bashman




"Judge lets some defendants attend worship as sentencing option": This article appeared yesterday in The Louisville Courier-Journal. Law Professor Eugene Volokh questions whether this is kosher.
Posted at 11:25 PM by Howard Bashman



"Civil Rights Group Plans Bush Judge Attack": The AP provides an article that begins, "Renewing the struggle over President Bush's judicial picks, a civil rights group intends to launch a limited ad campaign this week attacking Janice Rogers Brown as a 'radical judge' unworthy of confirmation to the appeals court."

Today's press release from the Leadership Conference on Civil Rights can be viewed at this link.
Posted at 11:20 PM by Howard Bashman




"Internet Group OKs 'xxx' Web Addresses": The Associated Press provides this report. You can access today's announcement from the Internet Corporation For Assigned Names and Numbers at this link.
Posted at 11:10 PM by Howard Bashman



Available online from law.com: Jeff Chorney reports that "9th Circuit Splits on Resentencing; 7-4 ruling tells district courts to decide fate of hundreds of 'Booker' appeals."

And in other news, "Sullivan Sanctioned for Delay in Sharing Settlement Details." You can access yesterday's ruling of the Appellate Division of the Supreme Court of New York, Second Department, at this link.
Posted at 11:10 PM by Howard Bashman




"Federal judge throws out Mississippi's latest abortion law": The Associated Press provides this report.

Update: You can access the ruling at this link.
Posted at 05:50 PM by Howard Bashman




An Article III-induced Hobson's choice? It depends on whether you're a stickler for the traditional meaning of the term "Hobson's choice." In any event, "Patently-O: Patent Law Blog" has the details here on today's ruling of the U.S. Court of Appeals for the Federal Circuit.

For more Hobson's choices, you can visit the bar, the movie, or the Australian hardcore band.
Posted at 05:14 PM by Howard Bashman




"A Supreme Reversal in Arthur Andersen Case": This segment (RealPlayer required) appeared on today's broadcast of NPR's "Talk of the Nation."
Posted at 04:44 PM by Howard Bashman



"N.H. Gov., AG Differ on Abortion Appeal": The Associated Press provides a report that begins:
New Hampshire's Democratic governor has found himself on the opposite side of an abortion dispute from his own attorney general, a Republican holdover from the previous administration.

The case involves New Hampshire's parental-notification law, which was struck down by the courts. Last week, the U.S. Supreme Court agreed to hear Attorney General Kelly Ayotte's bid to have the law reinstated.

Ayotte, the first woman appointed to the state's top law enforcement position, has not disclosed her personal beliefs on abortion, and has said she is simply duty-bound as attorney general to defend a law enacted by the Legislature.

Gov. John Lynch, who was elected last fall, opposes the law. He has not said whether he will try to replace Ayotte.

The New Hampshire Attorney General's web site is here, and you can listen online to an interview conducted last summer with Attorney General Kelly Ayotte here (RealPlayer) and here (Windows Media).
Posted at 04:30 PM by Howard Bashman



"Justices Lift Injunction Barring Talk About Cochran, Law Firm; Court Allows Ex-Client to Talk About Cochran": Brent Kendall has this article today in The Daily Journal of California.
Posted at 04:15 PM by Howard Bashman



The First Amendment Center analyzes two of yesterday's U.S. Supreme Court rulings: Tony Mauro has essays headlined "Court: Congress strikes right religious-protection balance" and "Cochran ruling only narrow free-speech victory."
Posted at 04:11 PM by Howard Bashman



"Court Rejects Widow's Suit Against Gun Co.": The Associated Press reports here that "An appeals court on Wednesday rejected a lawsuit that the widow of a teacher gunned down by a 13-year-old student had filed against a gun distributor."

You can access today's ruling of Florida's Fourth District Court of Appeal at this link.
Posted at 02:22 PM by Howard Bashman




En banc Ninth Circuit issues ruling in United States v. Ameline: According to an early report from a reader:
The 103-page mess that is U.S. v. Ameline (the en banc Ninth Circuit Booker case) was filed this morning. The short version is that the court, through a seven-judge majority, agrees to apply the Second and Seventh Circuits' limited remand approach.
You can access the ruling here (majority opinion) and here (other opinions).

Update: I've posted a back-up copy of the entire ruling at this link. Be advised that the file is very large (7.50 MB) and thus takes a while to download.
Posted at 01:32 PM by Howard Bashman




"Courthouse puzzle: Who could refuse $617,000? Man won't claim money that court says is his." This article appeared Monday in The Milwaukee Journal Sentinel.
Posted at 12:33 PM by Howard Bashman



Fourth amendment looms large in arrest at tiny home: The Daily Journal of California today contains an article headlined "You can expect privacy in bed, even if it's near the front door" reporting on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued yesterday.
Posted at 12:30 PM by Howard Bashman



In news from North Dakota: The Associated Press reports that "Three lawyers picked as finalists for ND Supreme Court job."

And The Forum of Fargo reports today that "Fargo man finalist for judgeship."
Posted at 12:20 PM by Howard Bashman




In news from Washington State: The Seattle Post-Intelligencer today contains articles headlined "Good sense or bad counsel? Rule would make lawyers reveal clients' lies in court" and "State elections director biased, GOP suggests."

And The Seattle Times today contains articles headlined "Secretary of State's Office is not neutral, GOP says" and "Father's death doesn't keep attorney from election trial."
Posted at 12:15 PM by Howard Bashman




"Stevens' mum on confirmation vote part of Senate procedure": The Fairbanks Daily News-Miner today contains an article that begins, "Sen. Ted Stevens spent months advocating a vote on President Bush's judicial nominees, but on the first confirmation vote after a compromise ended the lengthy stalemate over Senate filibuster rules, the Alaska Republican said neither 'yea' nor 'nay.'"
Posted at 12:14 PM by Howard Bashman



"Protesters clash at Kyrgyz court; Hundreds of people forced their way into Kyrgyzstan's Supreme Court on Wednesday and ejected protesters who had held it for more than a month": BBC News provides this report.

Reuters reports that "Rivals groups fight at Kyrgyz high court."

And the Itar-Tass News Agency reports that "Incident in Kyrgyz capital over, no casualties reported."
Posted at 10:33 AM by Howard Bashman




"Justices Overturn Criminal Verdict in Andersen Case; Court Ruling Could Inhibit Government's Broader Push Against White-Collar Crime": Jess Bravin has this article (pass-through link) today in The Wall Street Journal.
Posted at 10:20 AM by Howard Bashman



Bob Egelko is reporting: Today in The San Francisco Chronicle, he has articles headlined "U.S. high court upholds religious rights law for prisoners" and "Lockyer asks court to uphold state's ban."
Posted at 10:15 AM by Howard Bashman



Available from National Review Online: Law Professor Richard W. Garnett has an essay entitled "Unanimous! Supreme Court breaks from the standard on a religion case."

Andrew C. McCarthy has an essay entitled "The 'Mainstream' Doesn't Run Through Main Street: Defining the terms...since the Gang of Fourteen wouldn't."

And Kathryn Jean Lopez has an essay entitled "Reelect Rick: A defeat for Senator Santorum would have repercussions well beyond Pennsylvania."
Posted at 10:12 AM by Howard Bashman




"Supreme Courts Overturns Andersen Conviction": Yesterday's broadcast of the public radio program "Here and Now" contained this segment.

And today's broadcast of NPR's "Morning Edition" contained a segment entitled "Court Ruling Little Comfort for Ex-Andersen Employees."

RealPlayer is required to launch these audio segments.
Posted at 10:02 AM by Howard Bashman




The jury awarded one-third of a million dollars per inch of nail: The Associated Press reports that "Nine Inch Nails Singer Awarded $3 Million."
Posted at 10:00 AM by Howard Bashman



"Arthur Andersen's 'Victory': A retrial won't help the firm's 28,000 former employees." This editorial appears today in The Wall Street Journal.
Posted at 08:35 AM by Howard Bashman



In news from Indiana: The New York Times reports today that "Planned Parenthood Is Told to Show Children's Files."

And The Indianapolis Star today contains articles headlined "Judge: State may see kids' medical files; Planned Parenthood seeks a stay of the ruling; appeal also planned"; "ICLU sues over prayers read at Statehouse; References to Jesus Christ in daily invocations exclude others, lawsuit says"; and "Court: Alcohol allegation was proper; Fired Girl Scout leader loses appeal in suit against store worker who reported suspicions."
Posted at 07:30 AM by Howard Bashman




"Kansas death penalty draws high court's interest": This article appears today in The Wichita Eagle.

The Topeka Capital-Journal reports today that "U.S. Supreme Court takes Kansas case; State's overturned death penalty is on appeal."

And The Kansas City Star reports that "Death penalty review on tap."
Posted at 07:25 AM by Howard Bashman




"Weyerhaeuser verdict upheld": The Oregonian today contains an article that begins, "A federal appeals court on Tuesday upheld a $78.75 million judgment against Weyerhaeuser, affirming a Portland jury verdict that the company had run an illegal monopoly in the market for alder sawlogs."
Posted at 07:20 AM by Howard Bashman



"'Dr. Chaos' seeks withdrawal of guilty pleas": This article appears today in The Milwaukee Journal Sentinel.

And The Associated Press reports that "Court Overturns 'Dr. Chaos' Conviction."

I first noted yesterday's ruling of the U.S. Court of Appeals for the Seventh Circuit in a post you can access here.
Posted at 07:15 AM by Howard Bashman




"Prisoners' Religious Rights Law Upheld; Statute Bars Burdens on Observances": Charles Lane has this article today in The Washington Post.

Today in USA Today, Joan Biskupic has an article headlined "Court: Let prisoners have access to religion."

In The Boston Globe, Charlie Savage reports that "Court upholds law on prisoners' religious rights."

In The New York Sun, Luiza Ch. Savage reports that "Prisoner Religious Liberties Law Upheld."

The Newark (N.J.) Star-Ledger reports that "Justices back inmates on religion; But court says rights, security must balance."

The Cleveland Plain Dealer reports that "Justices uphold law on religious freedom for prisoners; Ohio inmates sued to get Satanism, Wicca ritual objects."

The Cincinnati Enquirer contains an article headlined "Court: Prisons must give wide religious access; National case began in Ohio."

And The Richmond Times-Dispatch reports that "ACLU can move ahead with Va. lawsuit; The Supreme Court upholds the constitutionality of a law protecting religious freedom."
Posted at 07:10 AM by Howard Bashman




"Andersen's conviction overturned; High court criticizes instructions to jury in 2002 Enron case": Jan Crawford Greenburg has this article today in The Chicago Tribune. The newspaper also reports that "Andersen alumni see ruling as vindication; Though many say the reversal of the firm's conviction avenges 'a business lynching' by the government, the victory is bittersweet."

In The Houston Chronicle today, Mary Flood reports that "Andersen document shredding conviction overturned; Supreme Court returns case to Houston, dealing Enron Task Force a major setback." The newspaper also reports that "Ruling stirs emotions; For former Andersen employees, a bit of pride returns."

In USA Today, Joan Biskupic has an article headlined "Ruling: Instructions to jury were flawed; Culpability was not stressed, justices say." And a related article is headlined "A posthumous victory; Supreme Court overturns Andersen conviction, but it's too late for 28,000 workers."

The Los Angeles Times contains articles headlined "Bittersweet Verdict for Firm's Alumni; With the reversal of Arthur Andersen's conviction, former partners feel vindicated but they continue to suffer financially" and "White-Collar Prosecutions May Face Higher Hurdle; A high-court ruling could force prosecutors to change how they prove a crime; Frank Quattrone's lawyers see hope for his appeal."

In The Baltimore Sun, Gail Gibson reports that "Court reverses conviction of Enron auditor; Justices say jurors relied on flawed instructions; Charges wrecked accounting firm; U.S. to weigh possibility of Arthur Andersen retrial."

In The Pittsburgh Post-Gazette, Michael McGough reports that "Andersen wins high court fight; Criminal conviction for shredding Enron papers is thrown out." The newspaper also contains an article headlined "Vindication, of sorts, for former Arthur Andersen employees."

The Washington Times reports that "Supreme Court overturns Andersen conviction."

The Chicago Sun-Times reports that "High Court overturns Andersen conviction."

The Milwaukee Journal Sentinel reports that "Former office chief finds little to cheer."

The Charlotte Observer reports that "Ruling isn't expected to alter firms' procedures."

The Toronto Globe and Mail reports that "Supreme Court overrules jury -- but too late to save Andersen."

The Republican of Springfield, Massachusetts contains an editorial entitled "Andersen accountable despite court's ruling."

And in The Houston Chronicle, business columnist Loren Steffy has an essay entitled "It might be useful to remember reasons behind original verdict."
Posted at 07:00 AM by Howard Bashman




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