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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." "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." 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." "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." "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." 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." "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." 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). "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). "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. 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. "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. "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." "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." "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. "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. "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." 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. 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." "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. "'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.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. "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." "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." "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." "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." "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." "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!] "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." "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." "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." "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." 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. 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." 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." 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. "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." 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. 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." "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?" 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. 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." 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." 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." 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." "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." 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." 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." 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." 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." 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." "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." "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." "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." 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. "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." "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." "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." 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." "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." "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. "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." 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. 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. "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." "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." "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." "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. 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 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." "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." 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). 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." "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." 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." 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." "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. "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." "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." "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." "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." "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. "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. "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." "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." "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." "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. 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. "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." 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:
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." "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." 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." "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." "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." "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. 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." "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. "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." "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." "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. "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:
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. "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." "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. "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." 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." "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." "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:
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. "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." 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." 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. 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. "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. "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. "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. "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). "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." "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." "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." "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. 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." 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." 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. "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. "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. "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. "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. "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." "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." "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. "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." 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." "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." "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." "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." 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. "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." "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." 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." "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. "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"). "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. 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. "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. "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." 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:
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. 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). "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." "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." "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." "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." "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." "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." "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:
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." "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." "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." "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." "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. 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. "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?" "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." "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." "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." "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. 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." "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. "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." "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." 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. "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." "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." "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 |
