How Appealing

Friday, June 30, 2006

"State high court tosses out ban on gay foster parents": This article appears today in The Arkansas Democrat-Gazette. You can access yesterday's ruling of the Supreme Court of Arkansas at this link.
Posted at 11:44 PM by Howard Bashman


"Roberts's Rule: Chief Justice John Roberts presided over a more harmonious, more conservative Supreme Court." Debra Rosenberg has this essay online at Newsweek.com.
Posted at 11:40 PM by Howard Bashman


"New Supreme Court begins to show its stripes": Stephen Henderson McClatchy Newspapers provides this report.
Posted at 11:35 PM by Howard Bashman


"Justices, 5-3, Broadly Reject Bush Plan to Try Detainees": Linda Greenhouse has this article today in The New York Times. Related articles are headlined "Ruling Leaves Uncertainty at Guantanamo" and "Court's Ruling Is Likely to Force Negotiations Over Presidential Power." And an editorial is entitled "A Victory for the Rule of Law."

Today in The Washington Post, Charles Lane reports that "High Court Rejects Detainee Tribunals; 5 to 3 Ruling Curbs President's Claim Of Wartime Power." Related articles are headlined "A Governing Philosophy Rebuffed; Ruling Emphasizes Constitutional Boundaries"; "U.S. Officials Scramble to Find Options; Senate Committee Plans Legislation; Experts Lean Toward Courts-Martial"; and "Europeans Cheer Ruling on Guantanamo Trials; U.S. Court's Decision Raises Hopes Prison Will Close but Underscores Problems With Repatriation." An editorial is entitled "A Victory for Law: The Supreme Court checks the Bush administration's attempt to invent its own rules for war." Columnist Eugene Robinson has an op-ed entitled "Checking the Decider." And columnist David Ignatius has an op-ed entitled "Fight Terror -- With Law."

In The Los Angeles Times, David G. Savage reports that "High Court Rejects Bush's Claim That He Alone Sets Detainee Rules; The 5-3 decision is a sweeping rebuke of the administration's policy, saying it went too far in planning tribunals for Guantanamo prisoners." Related articles are headlined "Lonely Victory for U.S. Navy Lawyer; Convinced that denying his Yemeni client Geneva Convention rights posed a dangerous precedent, the officer bucked military brass" and "Military Fought to Abide by War Rules." An editorial is entitled "Bush vs. the Constitution: The Supreme Court's Hamdan decision should be enough for the president start taking the Constitution seriously." Columnist Rosa Brooks has an op-ed entitled "Did Bush commit war crimes? Supreme Court's decision in Hamdan vs. Rumsfeld could expose officials to prosecution." And Harvey Silverglate has an op-ed entitled "Step back, imperial president; Supreme Court's decision on military tribunals restores the role of the judiciary."

Jess Bravin of The Wall Street Journal has a front page article headlined "Trial and Error: Justices Bar Guantanamo Tribunals; High Court Says President Exceeded War Powers; He May Turn to Congress; Ruling Won't Free Prisoners" (free access).

In USA Today, Joan Biskupic and Laura Parker report that "Justices reject Gitmo tribunals; Court: Bush plan exceeds authority." Biskupic also has an article headlined "Court's rationale could affect other issues; 2001 resolution was used to justify wiretap program." In related coverage, "Ruling doesn't mean facility is closing at Guantanamo; Senate bill would authorize Bush to set up tribunals." And an editorial is entitled "Terrorists merit punishment; suspects deserve fair trials; Supreme Court orders rewrite of rules for trying war detainees."

The Chicago Tribune contains articles headlined "Tribunals ruled illegal; Court: Guantanamo trials violate U.S., global laws"; "High court curbs war powers; Justices' ruling called 'significant defeat' for administration"; and "Questions raised about detainees."

In The Boston Globe, Charlie Savage reports that "Justices deal Bush setback on tribunals; High court says Guantanamo action illegal." And an editorial is entitled "No blank check for Bush."

In The San Francisco Chronicle, Bob Egelko reports that "Supreme Court blocks Bush on terror tribunals; Justices rule that Guantanamo detainees are protected by the Geneva Conventions." And an editorial is entitled "Return of due process."

Patty Reinert of The Houston Chronicle reports that "Bush seeks Congress' help in bringing terror suspects to justice; Supreme Court rejects Guantanamo military trials."

The Baltimore Sun contains articles headlined "Justices limit wartime powers; Bush dealt setback in 5-3 ruling against military tribunals" and "Decision is setback for Bush; President's aim has been to pursue ever-broadening wartime authority."

In The New York Sun, Josh Gerstein reports that "Court Sidelines Bush's War Crimes Strategy." And an editorial is entitled "Mr. Pyrrhus, Call Your Lawyer."

Newsday reports that "High court rules against Gitmo trials; Justices rule that commissions set up by Bush administration to try Guantanamo detainees are illegal, but president has a range of options."

The Washington Times reports that "High court throws out Gitmo tribunal." The newspaper also contains an editorial entitled "A war-time precedent."

In The Miami Herald, Carol Rosenberg reports that "It's just another day at detention camp; Interrogations and construction of more prisons continued at Guantanamo on the day the Supreme Court ruled against the U.S. military commissions."

And McClatchy Newspapers report that "Supreme Court ruling may ripple through other Bush policies."
Posted at 10:40 PM by Howard Bashman



"Because we find that the City's sign ordinance is a content-based regulation that fails strict scrutiny, we need not consider whether the district court erred in holding that the ordinance impermissibly burdened core political speech."Circuit Judge Ed Carnes issued this opinion today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit.
Posted at 10:25 PM by Howard Bashman


"Is the Honeymoon Over for the Roberts Court?" law.com's Tony Mauro provides this report.
Posted at 09:25 PM by Howard Bashman


Tenth Circuit affirms federal criminal convictions and resulting 39-year sentence imposed on defendant who made a Molotov cocktail from a beer bottle and a rag, ignited it, and threw it at an outside door alcove of a synagogue in Oklahoma City: According to today's opinion, "[f]ortunately, no one was injured and damage to the Temple was minor, consisting mostly of some broken glass and charred walls." Among other challenges, the defendant argued on appeal that the conviction violated the Commerce Clause and that the sentence constituted cruel and unusual punishment.
Posted at 09:20 PM by Howard Bashman


"We consider in light of Gonzales v. Raich, 125 S. Ct. 2195 (2005), whether Congress can use its commerce power to ban possession of homemade machineguns." So begins an opinion that Circuit Judge Alex Kozinski issued today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit. The opinion upholds Congress's exercise of that power.
Posted at 09:00 PM by Howard Bashman


"We deal on this appeal with the trademark of a trendy luxury women's handbag, a handbag so instantly popular with purchasers that legions of imitators quickly appeared on the fashion scene after plaintiff Vuitton introduced it in October 2002." The U.S. Court of Appeals for the Second Circuit today issued its ruling in a trademark infringement lawsuit captioned Louis Vuitton Malletier v. Dooney & Bourke, Inc.
Posted at 08:35 PM by Howard Bashman


Available online at the First Amendment Center: Tony Mauro has a news analysis headlined "Despite splintered decision, Buckley tree still stands."

And David L. Hudson Jr. has a news analysis headlined "Ruling bolsters 'deprivation' of prisoner rights."
Posted at 08:20 PM by Howard Bashman



"Former judge is found guilty; Donald Thompson is convicted of four counts of indecent exposure": This article appears today in The Tulsa World.

The Oklahoman reports today that "Former Creek County judge convicted."

And The Sapulpa (Okla.) Daily Herald reports that "Thompson facing prison time for indecent exposure" and "Prosecution shocks in closing arguments."
Posted at 08:05 PM by Howard Bashman



"A move to save the San Diego cross": Lyle Denniston has this post today at "SCOTUSblog."

And on Wednesday, The San Diego Union-Tribune contained an article headlined "Bill would have feds take over cross, land; 3 county congressmen sponsor latest proposal."
Posted at 06:32 PM by Howard Bashman



"3rd Circuit Refuses to Delay FCC Wireless Auction": law.com's Shannon P. Duffy provides this news update.
Posted at 06:28 PM by Howard Bashman


"Early Supreme Court Consensus Fades": The Associated Press provides this end-of-Term wrap-up report.
Posted at 06:27 PM by Howard Bashman


Today's U.S. Supreme Court Order List: It is available at this link.

Gina Holland of The Associated Press reports that "Ariz., Texas Lose Death Penalty Appeals."

And at "SCOTUSblog," Lyle Denniston has a post titled "Final orders: no grants."
Posted at 06:24 PM by Howard Bashman



Programming note: Due to my speaking appearance later this morning in Dedham, Massachusetts, additional posts will appear online here this evening. Lots of new posts from last night and this morning can be accessed below.
Posted at 10:04 AM by Howard Bashman


"First Mack hearing set": This article appears today in The Reno Gazette-Journal.
Posted at 09:45 AM by Howard Bashman


"When a peace officer directs the driver of a vehicle to pull over for a traffic stop but, in effecting the stop, gives no indication that the passenger of the vehicle is the focus of the officer's investigation or show of authority, is the passenger subjected to a 'seizure' within the meaning of the Fourth Amendment? This is a question that has divided courts inside and outside this state." The Supreme Court of California, dividing 4-3, issued this ruling yesterday. The majority holds: "We find that the passenger, whose progress is momentarily stopped as a practical matter, is not seized as a constitutional matter in the absence of additional circumstances that would indicate to a reasonable person that he or she was the subject of the peace officer's investigation or show of authority."
Posted at 09:40 AM by Howard Bashman


"Girls' suit allowed to proceed; Christian school believed they were lesbians, let them go": Yesterday in The San Francisco Chronicle, Bob Egelko had an article that begins, "Two girls who were expelled by a Christian high school because the principal believed they were lesbians won the state Supreme Court's permission to sue the school Wednesday in a case that tests the reach of California's anti-discrimination law in a private religious academy."
Posted at 09:30 AM by Howard Bashman


On today's broadcast of NPR's "Morning Edition": The broadcast contained segments entitled "Guantanamo Decision Puts President in Difficult Spot" (featuring Nina Totenberg); "Guantanamo Prison's Future Unclear After Court Ruling"; and "Congress Appears Ready to Give President More Power." RealPlayer is required to launch these audio segments.
Posted at 09:03 AM by Howard Bashman


The Associated Press is reporting: Now available online are articles headlined "World Skeptical Over Guantanamo Bay Ruling"; "Congressional Hearings on Guantanamo Set"; and "Schedule Set in Texas Redistricting Case."
Posted at 08:05 AM by Howard Bashman


"Partisan, territorial spats plague 4th Circuit; With four available seats, senators from North Carolina, Maryland, and Virginia spar over who should be nominated": T.R. Goldman has this article (free access) in this week's issue of Legal Times.
Posted at 08:00 AM by Howard Bashman


"Bush Picks Official at Justice for D.C. Circuit": The Washington Post today contains an article that begins, "President Bush nominated a senior Justice Department official yesterday to the U.S. Court of Appeals for the D.C. Circuit. If confirmed by the Senate, Peter D. Keisler would fill the seat vacated last year when John G. Roberts Jr. was appointed chief justice of the United States."

My earlier coverage from last night appears at this link.
Posted at 07:45 AM by Howard Bashman



"Few big rulings as justices felt out new roles; Addition of two members, rising influence of a third left court in caution mode": Joan Biskupic has this article today in USA Today.
Posted at 06:38 AM by Howard Bashman


Yapping about Yap: The Los Angeles Times today contains a front page article headlined "The Coin of This Realm Is Gargantuan; On the tiny Pacific islands of Yap, stone wheels bigger than tractor tires are still used as money; The tradition-bound leaders hope to buy some time."

According to the article, "'We are trying to hold on to things the way they used to be,' said FSM Supreme Court Justice Martin Yinug, who attended college and law school in the United States. 'This is the only way we know how to survive. If we change too quickly, we will be lost.'"

Additional yapping about Yap's monetary system can be accessed in this document from the Federal Reserve Bank of Cleveland (via "Economist's View").
Posted at 06:35 AM by Howard Bashman



"Ariz. insanity-defense statute upheld": This article appears today in The Arizona Republic.

The Arizona Daily Star reports today that "Justices uphold Ariz.'s limits on insanity defense."

Linda Greenhouse of The New York Times reports that "Court Upholds Arizona Limits Imposed on Insanity Defense."

The Washington Post reports that "Restriction of Insanity Defense Affirmed; Justices Rule That Arizona Law Allowed Fair Trial to Teenager in Murder Case."
Posted at 06:20 AM by Howard Bashman



Get your overview: The Georgetown University Law Center Supreme Court Institute issued this interesting document yesterday (via "SCOTUSblog").

And the organization People For the American Way yesterday issued a press release entitled "Supreme Court Shifts Right, Kennedy Moderates Impact of Roberts & Alito; Next Year's Cases Could Signal Acceleration of Ultraconservative Trend."
Posted at 06:15 AM by Howard Bashman



"The Hidden Power: The legal mind behind the White House’s war on terror." Jane Mayer has this article in the July 3, 2006 issue of The New Yorker.
Posted at 06:10 AM by Howard Bashman


Thursday, June 29, 2006

"Borking Judge Boyle": U.S. Senator Elizabeth Dole (R-NC) has this op-ed today in The Washington Times.
Posted at 11:40 PM by Howard Bashman


"Arizona Rules Against Convicted Attorney": The Associated Press provides a report that begins, "The state Supreme Court has refused to allow a Texas attorney to practice law in Arizona because he served time for attempted murder before becoming a lawyer."

And The Arizona Republic reports today that "Ex-con denied entry to Ariz. Bar."

You can access yesterday's ruling of the Supreme Court of Arizona at this link.
Posted at 11:38 PM by Howard Bashman



"Court upholds states' insanity-defense standards": Warren Richey will have this article Friday in The Christian Science Monitor.
Posted at 11:30 PM by Howard Bashman


"N.M. Courthouse Workers Endure Pigeon Poo": The Associated Press provides this report.

And in local coverage, The Clovis News Journal reports today that "Bird droppings making way from roof to offices inside county courthouse."
Posted at 11:20 PM by Howard Bashman



"Former judge convicted of indecent exposure": The Tulsa World provides a news update that begins, "Former Creek County District Judge Donald Thompson was convicted on each of four counts of indecent exposure Thursday night and was sentenced to a year in prison plus a $10,000 fine on each of the charges. Jurors deliberated about 5-1/2 hours and returned their verdicts shortly after 9 p.m., bringing an end to a trial that has lasted nearly three weeks and saw an onslaught of witnesses, among them some of Thompson's former jurors, court personnel and law enforcement officers, testifying against the former judge. The charges alleged that Thompson exposed himself by using a penis pump to masturbate during trials in his Sapulpa courtroom."

Earlier today, the newspaper provided a news update headlined "Jurors begin deliberations in Thompson trial." And today's print edition of the newspaper contains an article headlined "Donald Thompson: Jurors expected to begin discussion; The panel will hear closing arguments today, after which the judge will instruct them on the laws."

The Oklahoman provides a news update headlined "Former Creek County judge convicted" that begins, "Jurors took just hours Thursday to convict a former judge who was accused of exposing himself by using a sexual device while he presided over court cases." And today's newspaper contains an article headlined "Testimony ends in trial of former judge."

The Associated Press reports that "Ex-Judge Convicted of Indecent Exposure."

Today's edition of The Sapulpa (Okla.) Daily Herald contains an article headlined "Testimony ends, jury to begin deliberations in Thompson trial."

And Slate's Explainer provides a report entitled "Do Penis Pumps Work?: Well, they can help you get an erection."
Posted at 10:38 PM by Howard Bashman



"Court Says Bush Overstepped Authority": This audio segment (RealPlayer required) featuring Lyle Denniston, Jonathan Turley, and Douglas Kmiec appeared on today's broadcast of the public radio program "Here & Now."

And this evening's broadcast of the PBS program "The NewsHour with Jim Lehrer" contained a segment entitled "High Court Blocks Guantanamo Tribunals" (transcript with links to audio).
Posted at 10:33 PM by Howard Bashman



"Not Live From Capitol Hill: The Supreme Court busts Lindsey Graham and John Kyl." Emily Bazelon has this jurisprudence essay online at Slate.
Posted at 10:28 PM by Howard Bashman


Available online from National Public Radio: This evening's broadcast of "All Things Considered" contained audio segments entitled "Supreme Court: Tribunals Exceeded Bush's Authority" (featuring Nina Totenberg); "Bush Pledges to Obey, Analyze Court's Ruling"; "Fate of Detainees Unclear, Despite Court Ruling"; and "Senior Military Lawyer Was Leery of Tribunals."

Today's broadcast of "Talk of the Nation" contained an audio segment entitled "How Will Hamdan Ruling Affect Presidential Power?" featuring David G. Savage, Neal Katyal, and David Rivkin.

And today's broadcast of "Day to Day" contained audio segments entitled "Court Rejects Guantanamo War Crimes Trials" (featuring Dahlia Lithwick); "Former Detainee Reacts to Guantanamo Ruling"; and "David Addington and the War on Terrorism."

RealPlayer is required to launch these audio segments.
Posted at 10:20 PM by Howard Bashman



"What Hamdan did not decide": Lyle Denniston has this post at "SCOTUSblog."
Posted at 10:14 PM by Howard Bashman


"Supreme Court Blocks Guantanamo Tribunals": Linda Greenhouse of The New York Times provides this news update. Tomorrow's newspaper will contain an article headlined "Court's Ruling Is Likely to Force Negotiations Over Presidential Power." And a news update is headlined "European Foes of Guantanamo Praise Ruling."

David G. Savage of The Los Angeles Times provides a news update headlined "Court Rules Against Military Trials for Detainees." And related news updates are headlined "Supreme Court Ruling May Not Slow White House" and "Pentagon Lawyers Fought Hard-Liners on Rules of War."

Stephen Henderson of McClatchy Newspapers reports that "Supreme Court rebukes Bush on tribunals."

The Miami Herald provides a news update headlined "Court: President exceeded authority by creating Guantanamo tribunals." And Carol Rosenberg provides a news update headlined "Guantanamo officials: Business as usual as court rules."

Friday in The Christian Science Monitor, Warren Richey will report that "Supreme Court rejects military tribunals; The high court's 5-to-3 ruling Thursday scuttled US plans for Guantanamo detainees."

And law.com's Tony Mauro and Jason McLure report that "Supreme Court Invalidates Guantanamo Detainee Tribunals; Stevens writes 5-3 opinion; Scalia and Thomas read angry dissents from the bench."
Posted at 09:54 PM by Howard Bashman



"Judge Donates Kidney to Ailing Prosecutor": The Associated Press provides a report that begins, "A federal magistrate has donated a kidney to an ailing prosecutor who often appeared before him, solving a medical problem but causing perhaps a sticky legal one."

And in earlier coverage, The Kentucky Post reported last week that "Judge donates the gift of life." According to the article, "Steve Wolnitzek, chairman of the Judicial Conduct Commission of Kentucky and a former president of the Kentucky Bar Association, said a kidney exchange wouldn't preclude a judge and prosecutor from working on the same case."
Posted at 09:50 PM by Howard Bashman



"Peter D. Keisler, of Maryland, to be United States Circuit Judge for the District of Columbia Circuit, vice John G. Roberts, Jr., elevated": The White House announced this judicial nomination today. The nominee's bio is available at this link.

Update: It is interesting to note that Keisler presented the federal government's winning oral argument to the D.C. Circuit in the Hamdan case. Today, of course, the U.S. Supreme Court issued this decision reversing the D.C. Circuit's ruling.
Posted at 09:33 PM by Howard Bashman



Greetings from Dedham, Massachusetts: Where tomorrow I will speak to the Commonwealth Attorneys Appellate Action Project.
Posted at 09:30 PM by Howard Bashman


Programming note: I'll be speaking to a group of appellate attorneys in the Boston area tomorrow morning, and I'll be traveling to Boston this afternoon. Additional posts will appear tonight.
Posted at 01:35 PM by Howard Bashman


"Supreme Court Upholds Arizona Insanity Law": The Associated Press provides this report.
Posted at 01:15 PM by Howard Bashman


"Supreme Court Rules Against Bush on Guantanamo": This audio segment featuring Nina Totenberg appeared on today's broadcast of NPR's "Morning Edition," along with an audio segment entitled "Bush Administration Rebuffed by Supreme Court." RealPlayer is required to launch these audio segments.

And today's broadcast of the public radio program "On Point" contained a segment entitled "Guantanamo Prison's Future?" available in both RealPlayer and Windows Media Player formats.
Posted at 12:50 PM by Howard Bashman



"The multiplication of distinctions beyond differences is a disease of the legal profession against which the judiciary has not been inoculated." So writes Seventh Circuit Judge Richard A. Posner in this interesting decision issued today.
Posted at 12:45 PM by Howard Bashman


Beware of diseased metal: The final paragraph of the syllabus of today's ruling in Clark v. Arizona states, "For these reasons, there is also no cause to claim that channeling evidence on metal disease and capacity offends any '"principle of justice so rooted in the traditions and conscience of our people as to be ranked as fundamental,"' Patterson, supra, at 202. P. 38." Thanks to a reader for drawing this to my attention.
Posted at 12:40 PM by Howard Bashman


"High court blocks Gitmo military tribunals; Ruling does not address detention of terror suspects": Bill Mears provides this report at CNN.com.
Posted at 12:35 PM by Howard Bashman


"Hicks' military trial ruled 'illegal'": This article will appear Friday in The Age of Melbourne, Australia.

And The Australian on Friday will report that "Hicks could return in prisoner deal."
Posted at 11:40 AM by Howard Bashman



"Mack wants Washoe judges, DA off case": This article appears today in The Reno Gazette-Journal, along with an article headlined "SUV on video looks like Mack's rental."

Meanwhile, you can access here the transcript of last night's broadcast of CNN's "Larry King Live" program, on which Judge Chuck Weller appeared as a guest.
Posted at 11:25 AM by Howard Bashman



"Ark. High Court Backs Gay Foster Parents": The Associated Press provides this report.
Posted at 11:20 AM by Howard Bashman


"In the district court's own words, '[t]he history of this case is indelibly etched in the court's memory.' This case too will forever be etched in my mind as one of the most fundamentally unfair results that I have ever witnessed in thirty-plus years as a judge." So begins a dissenting opinion that Sixth Circuit Judge Boyce F. Martin, Jr. issued today.

Judge Martin's dissenting opinion concludes: "When I think about this case, as I have done so often as of late, it makes me sick to my stomach. To imagine the emotional and psychological turmoil Mr. Sanders has been forced to endure as a result of the government's action and inaction in this case shocks and angers me to no end. Sanders woke up every day for six years believing that he was a free man. That's 2,190 mornings. And, in this case, it appears that Lummie Sanders used each of those days to make something out of his life. I cannot imagine any more settled expectations than those. I would order Sanders released from prison immediately. If we as a federal court cannot remedy the truly fundamentally unfair result that exists here, I don't know what good we are. And the law, well, if the law truly requires Lummie Sanders to go back to prison -- the law is a ass."
Posted at 11:00 AM by Howard Bashman



"Women lose Girls Gone Wild lawsuit": This article appears today in The Fort Worth Star-Telegram.
Posted at 10:45 AM by Howard Bashman


Today's U.S. Supreme Court opinions in the two argued cases that remained undecided from this Term: You can access the text of each opinion issued today (in PDF format) by clicking on the link provided for each case's title in the numbered paragraphs immediately below.

1. The Court today issued its ruling in Hamdan v. Rumsfeld, No. 05-184. You can access the oral argument transcript here. Additional background is available at this link.

2. And the Court issued its ruling in Clark v. Arizona, No. 05-5966. You can access the oral argument transcript here. Additional background is available at this link.

In early news coverage, Gina Holland of The Associated Press reports that "Supreme Court Blocks Bush, Gitmo War Trials." Reuters, meanwhile, reports that "Court ruling to have little impact on Guantanamo."

And at "SCOTUSblog," Lyle Denniston has a post titled "Decisions: Hamdan decided, commissions invalid."
Posted at 10:00 AM by Howard Bashman



"Most of Texas remap upheld; Supreme Court finds just 1 district, Bonilla's, violates Voting Rights Act": Patty Reinert has this article today in The Houston Chronicle. The newspaper also contains articles headlined "Redrawing likely to have wide impact; Changes ordered in Bonilla's district likely to be felt in other parts of state" and "Remap launched DeLay's wild ride; The majority leader who lost his post under a cloud of troubles hails court ruling." And an editorial is entitled "Pyrrhic victory: Court rules midterm redistricting legal, but its cost should be painfully clear to both parties."

The Dallas Morning News today contains articles headlined "GOP wins in remap ruling; Supreme Court says legislatures can redraw districts at any time"; "Reworking one district could have ripple effect"; and "Even out of office, DeLay can still see victory in court ruling; Redistricting plan he engineered good for Texas, he says." An editorial is entitled "No Clear Lines: Court fails to set redistricting standards." And Carl P. Leubsdorf has an essay entitled "Decision strengthens GOP hold on districts."

The Fort Worth Star-Telegram reports that "Supreme Court preserves most of redistricting plan" and "Court's decision to have ripple effect." The newspaper also contains an editorial entitled "Not as bad as it could be."

The Austin American-Statesman contains an article headlined "Top court: Fix voting map" and an editorial entitled "Partisanship is big winner in court's redistricting ruling."

And The San Antonio Express-News contains articles headlined "New voting may loom for at least 6 House seats" and "Sides applaud the ruling -- or different parts of it."
Posted at 09:55 AM by Howard Bashman



"Supreme Court Gives States Redistricting Leeway": This audio segment (RealPlayer required) featuring Nina Totenberg appeared on today's broadcast of NPR's "Morning Edition."
Posted at 09:50 AM by Howard Bashman


"Judge deadlock closer to an end; Bush nominees include a Democrat": This article appears today in The Detroit Free Press.

The News Journal of Wilmington, Delaware reports that "Judge nominated for federal appeals court; Kent A. Jordan would take spot vacated by Judge Jane R. Roth."

And The Associated Press reports that "Bush Nominates New York Lt. Gov. for Bench."
Posted at 08:45 AM by Howard Bashman



"Justices Uphold Most Remapping in Texas by G.O.P." Linda Greenhouse has this article today in The New York Times. The newspaper also contains an article headlined "Day of Joy Dawns for Republicans, Proud Owners of Texas Districting Map" and an editorial entitled "A Loss for Competitive Elections."

Today in The Washington Post, Charles Lane and Dan Balz report that "Justices Affirm GOP Map For Texas; Other States May Follow Suit." And in related coverage, "Effort to Secure Texas Led to Fall Of Tom DeLay; But Ex-Lawmaker Calls Ruling 'Victory.'"

In The Los Angeles Times, David G. Savage reports that "High Court Upholds Texas Redistricting; In rejecting Democrats' charge of 'partisan gerrymandering,' the justices give lawmakers wider power to redraw lines for their parties." And a related article is headlined "For Democrats, Power to Remap Is a Tricky Tool; The high court decision gives the party a chance to gain House seats; But redrawing districts may alienate minorities or stir other tensions."

In USA Today, Joan Biskupic and Kathy Kiely report that "Justices uphold redrawn districts; Victory for Texas GOP may inspire other states." And a related article is headlined "Ruling may incite redistricting battles; Some say high court decision encourages gerrymandering."

The Chicago Tribune contains an article headlined "What remap ruling means to U.S. politics: Top court gives GOP likely boost; 1 Texas district must change."

The Washington Times reports that "Court OKs mid-decade redistricting."

law.com's Tony Mauro reports that "Supreme Court Upholds Most of Texas Redistricting Map; Roberts announces term will end today; detainee decision awaited."

The Hill reports that "DeLay map largely stands."

And The Wall Street Journal contains an editorial entitled "DeLay's Revenge: The Supreme Court leaves gerrymanders to the politicians" (free access).
Posted at 07:30 AM by Howard Bashman



"High court upholds Pa. prison policy; The U.S. Supreme Court said the state could restrict photos and reading materials without violating the 1st Amendment": This article appears today in The Philadelphia Inquirer.
Posted at 07:20 AM by Howard Bashman


"Treaty Doesn't Give Foreign Defendants Special Status in U.S. Courts, Justices Rule": Linda Greenhouse has this article today in The New York Times.

Today in The Washington Post, Charles Lane reports that "Justices Reject Pact In Ruling Against Noncitizen Suspects."

In The Los Angeles Times, David G. Savage reports that "U.S. Law Trumps World Treaty, High Court Says."

And law.com's Tony Mauro reports that "High Court Rules Against Foreign Suspects."
Posted at 07:15 AM by Howard Bashman



"A Much-Needed Shield for Reporters": Theodore B. Olson has this op-ed today in The Washington Post.
Posted at 07:04 AM by Howard Bashman


"Corrupt Campaign 'Reform'": Columnist George F. Will has this op-ed today in The Washington Post.
Posted at 07:02 AM by Howard Bashman


"Scrutiny Urged for Hedge Funds; Ruling Leaves Industry in 'Regulatory Void,' Official Says": The Washington Post contains this article today.

And The Chicago Tribune today contains an article headlined "Funds hedge on rule reversal; Firms considering effect of registering, lock-ups on clients."
Posted at 07:00 AM by Howard Bashman



"British Court Rejects Tactic Used in Cases of Terrorism": This article appears today in The New York Times.
Posted at 06:48 AM by Howard Bashman


The Associated Press is reporting: Now available online are articles headlined "Supreme Court to End Term With Two Rulings"; "Defense Seeks New Judge in Shooting Case"; "House Backs 'Knock and Announce' Searches"; and "Mo. Struggles to Get Docs for Executions."
Posted at 06:45 AM by Howard Bashman


"The Public Expression of Religion Act of 2005: A Bill That Is Intended to Eviscerate the Establishment Clause." Marci Hamilton has this essay online today at FindLaw.
Posted at 06:35 AM by Howard Bashman


Wednesday, June 28, 2006

Available today from National Review Online: An editorial entitled "Junk Ethics" begins, "Earlier this month, the annual judicial conference of the D.C. Circuit featured two days of panels that were organized by the George Mason University Law and Economics Center."

And Law Professor Ronald D. Rotunda has an essay entitled "There's No Future in the Past of Campaign Finance: The latest decision displays a badly fractured Court."
Posted at 10:24 PM by Howard Bashman



"High court rejects Pa. inmate challenge": The Philadelphia Inquirer provides this news update.
Posted at 10:15 PM by Howard Bashman


"Former judge denies using pump in court": The Oklahoman today contains an article that begins, "Former Judge Donald Thompson testified Tuesday he never used a penis pump during trials in 2002 and 2003."

The Tulsa World reports today that "Thompson takes stand, denies all; The former judge stumbles over some details, however."

And The Sapulpa (Okla.) Daily Herald reports that "Embattled former judge takes stand in his defense."
Posted at 10:14 PM by Howard Bashman



On this evening's broadcast of NPR's "All Things Considered": The broadcast contained audio segments entitled "Supreme Court Approves Most Texas Districts" (featuring Nina Totenberg) and "Drawn Out of a District in Texas." RealPlayer is required to launch these audio segments.
Posted at 09:08 PM by Howard Bashman


"Supreme Court upholds most of Texas' redistricting plan": Stephen Henderson of McClatchy Newspapers provides this report.
Posted at 09:00 PM by Howard Bashman


The White House announced these four federal appellate court nominations late today: Kent A. Jordan, of Delaware, to be United States Circuit Judge for the Third Circuit, vice Jane R. Roth, retired.

Raymond M. Kethledge, of Michigan, to be United States Circuit Judge for the Sixth Circuit, vice James L. Ryan, retired.

Debra Ann Livingston, of New York, to be United States Circuit Judge for the Second Circuit, vice John M. Walker, Jr., retiring.

And Stephen Joseph Murphy, III, of Michigan, to be United States Circuit Judge for the Sixth Circuit, vice Susan Bieke Neilson, deceased. You can access the complete list at this link.

In early news coverage, The Associated Press reports that "Bush nominates 4 for federal judgeships."
Posted at 08:20 PM by Howard Bashman



"This litigation is at the very early stages, involving our review of a preliminary injunction that directed Wolf Run to allow the UMWA to serve as a miners' representative in the ongoing investigation of the Sago Mine explosion." The U.S. Court of Appeals for the Fourth Circuit today issued an opinion in typescript format affirming that preliminary injunction.

Today's opinion begins, "In the wake of the catastrophic Sago Mine explosion in Upshur County, West Virginia, in which 12 miners were killed and another seriously injured, the mine operator, Wolf Run Mining Company, the Secretary of Labor through the Mine Safety and Health Administration, and the United Mine Workers of America became enmeshed in a dispute over the protocol for investigating the cause of the explosion."
Posted at 05:45 PM by Howard Bashman



"High Court Allows Most of Texas Redistricting Plan": This audio segment (RealPlayer required) featuring David G. Savage appeared on today's broadcast of NPR's "Talk of the Nation."
Posted at 05:40 PM by Howard Bashman


"Court Upholds 10-Year Term for Oral Sex Between Teens; Defense lawyer argued legislative change makes conduct a misdemeanor as of July 1": law.com provides this report on a ruling that the Supreme Court of Georgia issued on Monday.
Posted at 05:33 PM by Howard Bashman


In Thursday's edition of The Christian Science Monitor: Warren Richey will have articles headlined "'On demand' redistricting upheld; High court Wednesday upheld most of the GOP's much-criticized redistricting in Texas"; "High court rules in favor of prisons denying problem inmates access to newspapers; In a 6-to-2 vote, the justices decided Wednesday that such actions don't violate inmates' First Amendment rights"; and "Treaty doesn't force US to exclude incriminating testimony, court rules; The justices ruled 6 to 3 against two convicted foreign nationals."
Posted at 05:30 PM by Howard Bashman


Lyle Denniston is reporting: At "SCOTUSblog," he has posts titled "Texas redistricting: counting the votes" and "What is left of the Vienna Convention?"
Posted at 05:27 PM by Howard Bashman


law.com's Tony Mauro is reporting: Now available online are news updates headlined "Supreme Court Upholds Most of Texas Redistricting Map; Democrats get a minor victory with Texas District 23 struck down due to diluted minority voting power" and "High Court Rules Against Foreign Suspects."
Posted at 05:24 PM by Howard Bashman


"Supreme Court upholds most of Texas' GOP-driven political map": The Fort Worth Star-Telegram provides this news update.

And The San Antonio Express-News provides an update headlined "Texas congressional redistricting map upheld, but redrawing of border districts ordered."
Posted at 05:20 PM by Howard Bashman



"Immigration judges face increased scrutiny": Marisa Taylor of McClatchy Newspapers provides this report.
Posted at 05:18 PM by Howard Bashman


"U.S. Supreme Court to ICJ - You're Wrong, Wrong, Wrong!" Julian Ku has this post at "Opinio Juris."
Posted at 05:15 PM by Howard Bashman


"Gay marriage ruling awaited": The Atlanta Journal-Constitution contains this article today. And the Supreme Court of Georgia makes archived video of yesterday's oral argument available online at this link (RealPlayer required).
Posted at 03:50 PM by Howard Bashman


"State may seek $6,000 for use of jet to transport Mack": This article appears today in The Reno Gazette-Journal, along with an article headlined "'I'm just healing,' judge says." Judge Chuck Weller is scheduled to be the guest on tonight's broadcast of CNN's "Larry King Live."
Posted at 03:25 PM by Howard Bashman


On today's broadcast of NPR's "Day to Day": The broadcast contained audio segments entitled "Justices Uphold All but One Portion of Texas Map" (featuring Dahlia Lithwick) and "A Ruling That Messes with Texas." RealPlayer is required to launch these audio segments.
Posted at 03:20 PM by Howard Bashman


"This appeal raises an issue of first impression for the Courts of Appeals: whether the failure of the Secretary of the Department of the Interior to perform the nondiscretionary duty to designate a critical habitat for a threatened species is a continuing violation that permits a plaintiff to file suit more than six years after the deadline to perform that duty has passed." A unanimous three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit answered "no" today in a per curiam opinion that you can access here.
Posted at 03:18 PM by Howard Bashman


You don't say: The Associated Press reports that "Awkward Moments Abound in Penis Pump Trial."
Posted at 02:55 PM by Howard Bashman


"Supreme Court Today": This audio segment (RealPlayer required) featuring Lyle Denniston appeared on today's broadcast of the public radio program "Here & Now."
Posted at 02:25 PM by Howard Bashman


"Initial Thoughts on the Texas Redistricting Case": Rick Hasen has this post at his "Election Law" blog.
Posted at 02:14 PM by Howard Bashman


"Judge Boyle deserves a vote; Senate should stop stalling and vote 4th Circuit nominee up or down": U.S. Senator Elizabeth Dole (R-NC) has this op-ed today in The Charlotte Observer.
Posted at 12:33 PM by Howard Bashman


"High Court Backs Most of Texas Redistricting Map": Nina Totenberg had this audio report (RealPlayer required) on today's broadcast of NPR's "Morning Edition."
Posted at 11:58 AM by Howard Bashman


"Most of Texas' redistricting map upheld": Patty Reinert of The Houston Chronicle provides this news update.

Allen Pusey and Todd J. Gillman of The Dallas Morning News provide an update headlined "Court's decision rejects many redistricting questions."

The Austin American-Statesman provides a news update headlined "Supreme Court throws out part of Texas congressional map; Doggett's Austin-to-Mexico district must be redrawn."

Bill Mears of CNN.com reports that "High court upholds most of Texas redistricting map; Districts that diluted Latino strength tossed."

And Greg Stohr of Bloomberg News reports that "Republican Texas Redistricting Upheld by Top Court."
Posted at 11:50 AM by Howard Bashman



Today's U.S. Supreme Court opinions in argued cases: The Court issued three opinions in argued cases today. Two cases -- including the challenge to the legality of detainee tribunals at Guantanamo -- remain to be decided, and those opinions are due to be issued at 10 a.m. eastern time tomorrow.

You can access the text of each opinion issued today (in PDF format) by clicking on the link provided for each case's title in the numbered paragraphs immediately below.

1. The Court issued its ruling in League of United Latin American Citizens v. Perry, No. 05-204. You can access the oral argument transcript here. Additional background is available at this link.

2. The Court issued its ruling in Sanchez-Llamas v. Oregon, No. 04-10566. You can access the oral argument transcript here. Additional background is available at this link.

3. And the Court issued its ruling in Beard v. Banks, No. 04-1739. You can access the oral argument transcript here. Additional background is available at this link.

Gina Holland of The Associated Press reports that "Court Nixes Part of Texas Political Map." The AP also reports that "Justices Rule Against Foreign Suspects" and "Justices Back Pa. on Prison Newspapers."

And at "SCOTUSblog," Lyle Denniston has a post titled "Decisions: No ruling on Hamdan; partisan gerrymander claim rejected."

The two cases in which the Court is scheduled to issue opinions tomorrow at 10 a.m. eastern time are Hamdan v. Rumsfeld, No. 05-184 (oral argument transcript here; additional background here) and Clark v. Arizona, No. 05-5966 (oral argument transcript here; additional background here). Tom Goldstein reads the tea leaves at this link.
Posted at 10:00 AM by Howard Bashman



On the agenda: At 10 a.m. eastern time today, the Supreme Court of the United States will issue opinions in argued cases. Only five argued cases remain to be decided this Term, and summaries of the issues presented -- which include the legality of the Guantanamo military tribunals and the legality of the most recent Texas congressional redistricting -- can be accessed in this report from The Associated Press. Stay tuned for complete coverage of these decisions.

And at 2 p.m. eastern time today, the Senate Judiciary Committee will hold a confirmation hearing for two federal appellate court nominees: Eighth Circuit nominee Bobby E. Shepherd and Federal Circuit nominee Kimberly Ann Moore.
Posted at 09:45 AM by Howard Bashman



"The Name's Bond, Supersedeas Bond: A look at staying money judgments on appeal." This week's installment of my "On Appeal" column for law.com can be accessed at this link.
Posted at 09:44 AM by Howard Bashman


On today's broadcast of NPR's "Morning Edition": This morning's broadcast contained audio segments entitled "Conservative Groups Push for More Judicial Confirmations" (featuring Nina Totenberg); "Presidential Signing Statements Challenged"; and "Flag Burning Amendment Comes Up Short in Senate." RealPlayer is required to launch these audio segments.
Posted at 09:40 AM by Howard Bashman


"Senator considers suit over Bush law challenge": Today in The Boston Globe, Charlie Savage has an article that begins, "The Senate Judiciary Committee chairman, Arlen Specter, said yesterday that he is 'seriously considering' filing legislation to give Congress legal standing to sue President Bush over his use of signing statements to reserve the right to bypass laws."

The New York Times reports today that "Bush's Use of Authority Riles Senator."

The Washington Post reports that "Bush's Challenges of Laws He Signed Is Criticized."

The Washington Times reports that "White House defends Bush's limits on bills."

Michelle Boardman, formerly of "The Volokh Conspiracy," had the pleasure of being in the hot seat to defend the Bush Administration's position at yesterday's hearing of the Senate Judiciary Committee. You can access the prepared text of her statement at this link.
Posted at 08:40 AM by Howard Bashman



"Guantanamo Officials Say They Can't Stop All Suicides; New searches and special gear help, but administrators maintain that prisoners harm themselves as part of a `campaign against us'": The Los Angeles Times contains this article today.

And today in The Miami Herald, Carol Rosenberg has an article headlined "Commander: Suicide plots continuing; The Guantanamo Bay prison camp commander disclosed that detainees' efforts to plan suicides is ongoing as guards uncover hidden nooses and drugs."

Yesterday, meanwhile, Rosenberg had an article headlined "Shutting down Guantanamo not an easy proposition; A U.S. diplomat outlined the repatriation 'conundrum' on the eve of U.S. Supreme Court ruling on whether Guantanamo's war court is constitutional."
Posted at 07:30 AM by Howard Bashman



"Court rules correctly on clean money: Restricting Vermont's limits on campaign contributions confirms the wisdom of a 30-year-old ruling." This editorial appears today in The Los Angeles Times.
Posted at 07:22 AM by Howard Bashman


"Flag Amendment Narrowly Fails in Senate Vote": The New York Times contains this article today.

The Washington Post reports today that "Senate Rejects Flag Desecration Amendment." And Dana Milbank's Washington Sketch column is headlined "Not Quite the Banner Day One Might Have Hoped For."

The Los Angeles Times reports that "Flag Measure Fails by 1 Vote; Majority leader says 'Old Glory lost today,' as amendment to ban desecration is rejected."

The Chicago Tribune reports that "Flag desecration amendment fails; Measure falls 1 vote short after a lively Senate debate."

The Boston Globe reports that "Flag-burning amendment fails by a vote; Ban said to show respect for troops."

The San Francisco Chronicle reports that "Flag abuse ban fails by 1 vote in U.S. Senate."

The Washington Times reports that "Flag amendment fails in Senate."

USA Today reports that "Senate rejects flag bill by 1 vote; By 66-34, amendment misses two-thirds mark."

And The Hill reports that "Senate nixes Old Glory amendment."
Posted at 07:18 AM by Howard Bashman



"Complain Without Fear: The high court sends a clear message to employers." This editorial appears today in The Washington Post.
Posted at 07:10 AM by Howard Bashman


"No Knock-and-Announce? No Problem: The Supreme Court Holds Evidence from No-Knock Entries Admissible In Court." Sherry F. Colb has this essay online today at FindLaw.
Posted at 06:58 AM by Howard Bashman


The Associated Press is reporting: Now available online are articles headlined "Supreme Court Trying to Finish Final Cases"; "Ex-Judge Denies Using Sex Device in Court"; "Judge Who Was Shot Makes Public Appearance"; and "Tenn. Executes Second Person in 45 Years."
Posted at 06:55 AM by Howard Bashman


Tuesday, June 27, 2006

"Court: Homeland Improperly Limited Workers." The AP provides this report on a ruling that the U.S. Court of Appeals for the District of Columbia Circuit issued today.
Posted at 10:00 PM by Howard Bashman


"Senate Rejects Flag Desecration Amendment": The Associated Press provides a report that begins, "A constitutional amendment to ban flag desecration died in a Senate cliffhanger Tuesday, a single vote short of the support needed to send it to the states for ratification and four months before voters elect a new Congress." You can access the official roll call vote tally of this evening's U.S. Senate vote at this link.
Posted at 09:05 PM by Howard Bashman


"Court reporter accuses Thompson; She testifies that she saw him masturbating with a sexual device during trials": This article appears in The Tulsa World, which also provides a news update headlined "Thompson denies prosecution's claims."

The Oklahoman provides a news update headlined "Ex-judge testifies in exposure trial."

And The Sapulpa (Okla.) Daily Herald reports today that "Key witness 'disgusted' by judge's behavior." Meanwhile, yesterday the newspaper reported that "Testimony of state's key witness begins today in Bristow."
Posted at 08:10 PM by Howard Bashman



"Mack wants case tried outside county system": The Reno Gazette-Journal today contains an article that begins, "Darren Mack's first court appearance ended abruptly Monday after his lawyer refused to acknowledge the murder and attempted murder charges against Mack and said the case must be moved out of the Washoe County district attorney's office and Second Judicial District because of a conflict of interest."

And the newspaper also provides an update headlined "Weller talks about shooting."
Posted at 08:00 PM by Howard Bashman



The Arizona Law Review's latest issue is all about the Ninth Circuit: Last fall, the University of Arizona James E. Rogers College of Law held an event known as the "Ninth Circuit Conference." The new issue of the Arizona Law Review (whose contents you can access online at this link) includes the papers presented at the conference.
Posted at 05:54 PM by Howard Bashman


"Appellate Experts Review 2005 Supreme Court Term": Unwilling to wait for the bitter end of this Term, the Washington Legal Foundation last Friday held a review session featuring some lawyers whose names you may recognize. You can review the review online, on-demand by clicking here (Windows Media Player required).
Posted at 05:44 PM by Howard Bashman


"High court declines ex-governor's appeal; Decision deals blow to Edwards, son, aide": The Times-Picayune today contains an article that begins, "Former Gov. Edwin Edwards lost another bid Monday to overturn his sentence for fraud and racketeering when the U.S. Supreme Court refused to take up an appeal alleging the federal government withheld evidence at the trial in 2000."
Posted at 05:35 PM by Howard Bashman


"For Time Being, Hedge Funds Stay Registered": This article appears today in The New York Times.
Posted at 05:32 PM by Howard Bashman


"State court hears gay marriage ban arguments": The Atlanta Journal-Constitution provides this news update.
Posted at 05:10 PM by Howard Bashman


"Tennessee's top court refuses to stop Alley execution": The Tennessean provides this news update.

And the U.S. Court of Appeals for the Sixth Circuit today issued an order denying rehearing en banc in the case over the dissent of six judges. Seven votes were necessary to grant rehearing en banc.
Posted at 03:15 PM by Howard Bashman



"Gay meant guilty: How gay-history experts could help free a man convicted of murder 25 years ago." The Boston Phoenix published this article in May 2006. Today, the U.S. Court of Appeals for the First Circuit issued a decision reversing the federal district court's grant of a writ of habeas corpus requiring the release or a retrial of Wayne Healy, now serving a life sentence for murder, imposed in Massachusetts state court.

And you can access the First Circuit amicus brief filed by Gay & Lesbian Advocates & Defenders at this link.
Posted at 03:05 PM by Howard Bashman



"Fair to Meddling: The myth of the hands-off conservative jurist." Seth Rosenthal has this jurisprudence essay online at Slate.
Posted at 02:40 PM by Howard Bashman


"The Effect of Justice Alito": Tom Goldstein has this post today at "SCOTUSblog."

Tom was also mentioned recently in this Legal Times article (free access) about playing poker.
Posted at 02:35 PM by Howard Bashman



For those concerned that perhaps no one saw fit to comment on yesterday's U.S. Supreme Court ruling in Arlington Central School Dist. Bd. of Ed. v. Murphy: At the "Disability Law" blog, Law Professor Sam Bagenstos has a post titled "My Take on Murphy" that begins, "This is a bad decision."
Posted at 02:30 PM by Howard Bashman


"Supreme Court Decisions": This audio segment (RealPlayer required) featuring Law Professor Jonathan Turley appeared on yesterday's broadcast of the public radio program "Here & Now."
Posted at 02:24 PM by Howard Bashman


"Justices Uphold Basic Right to Choose Defense Lawyers": Linda Greenhouse has this article today in The New York Times.

And law.com's Tony Mauro reports that "High Court Affirms Defendants' Right to Counsel of Choice; Justices also rule on campaign finance reform, capital punishment, sentencing."
Posted at 02:20 PM by Howard Bashman



"Odd couple's friendship powers panel; Specter, Leahy crucial to Judiciary Committee": This article appears today in The Philadelphia Inquirer.
Posted at 12:22 PM by Howard Bashman


"Justices Reject Campaign Limits in Vermont Case": Linda Greenhouse has this article today in The New York Times. The newspaper also reports that "Political Vermonters Weigh Ruling on Campaign Finances." And an editorial is entitled "Campaign Finance Reform Survives."

Today in The Washington Post, Charles Lane reports that "Justices Reject Vermont's Campaign Finance Law."

In The Los Angeles Times, David G. Savage reports that "Justices Reject Vermont Campaign Finance Limits; A Vermont law curbing spending and donations was shot down in a 6-3 ruling; Liberal groups hoped it would be a model for other states."

In The Wall Street Journal, Jess Bravin reports that "High Court Strikes Down Law Limiting Campaign Financing." The newspaper also contains an editorial entitled "Free Speech Victory: The Supreme Court declines to repeal the First Amendment--though only by 6-3."

In USA Today, Joan Biskupic reports that "Justices toss out political cash cap; Vermont's limits called too severe."

In The Boston Globe, Charlie Savage reports that "High Court rejects Vt. campaign restrictions; Says rules violate First Amendment." The newspaper also reports that "Decision could result in challenge to Mass. law." And an editorial is entitled "Saying 'no' to Vermont."

The Rutland Herald reports that "High court rejects Vt. campaign law; Rules limits unconstitutional" and "Money will pour in with limits out of the picture." And an editorial is entitled "Money and politics."

The Burlington Free Press reports that "High court rejects Vermont's campaign limits" and "Vermont's loss a blow to reformers nationwide."

The Bennington Banner reports that "State reaction to ruling is mixed."

The New York Sun reports that "Court Voids Vermont's Election Law."

The Hill reports that "Both sides pleased with campaign-finance ruling."

The Washington Times reports that "Court rejects spending limits for candidates."
Posted at 12:00 PM by Howard Bashman



Available at National Review Online: Allison Hayward has an essay entitled "Icky Balance: The limits to limits on political spending."

Jonathan H. Adler has an essay entitled "All Wet: Landowners may have won the battle against federal wetlands regulations, but lost the war."

Peter Kirsanow has an essay entitled "Affirmative Damage: Students sacrificed in the name of 'diversity.'"

And an editorial is entitled "Not for Burning."
Posted at 11:50 AM by Howard Bashman



"Knock Knock Knocking on Trouble's Door: The Supreme Court's unreasonable position on home searches." Cathy Young has this essay online today at Reason.
Posted at 11:45 AM by Howard Bashman


Eighth Circuit holds that collection of federal probationer's DNA under the provisions of the DNA Analysis Backlog Elimination Act of 2000 does not violate that individual's Fourth Amendment rights: You can access today's ruling of the U.S. Court of Appeals for the Eighth Circuit at this link.
Posted at 11:38 AM by Howard Bashman


"3rd Circuit to Weigh New FCC Wireless Rules": Shannon P. Duffy of The Legal Intelligencer provides this report (free access) on a case that is scheduled to be argued tomorrow before a three-judge panel of the U.S. Court of Appeals for the Third Circuit.
Posted at 11:28 AM by Howard Bashman


On today's broadcast of NPR's "Morning Edition": This morning's broadcast contained audio segments entitled "Sharply Divided High Court Rules on Death Penalty" (featuring Nina Totenberg) and "Vermont Campaign Finance Law Rejected by Supreme Court." Real Player is required to launch these audio segments.
Posted at 10:14 AM by Howard Bashman


"This case presents the question whether an otherwise qualified individual with HIV would pose a direct threat to himself if employed by the U.S. Foreign Service, which requires officers to be 'available to serve in assignments throughout the world.'" The U.S. Court of Appeals for the D.C. Circuit issued this decision today.
Posted at 10:10 AM by Howard Bashman


"Court to hear gay union issue today": The Atlanta Journal-Constitution today contains an article that begins, "Six members of the Georgia Supreme Court -- and one understudy -- hear arguments today on whether a ban on marriage and civil unions for same-sex couples will stay in the state constitution."

Today's broadcast of NPR's "Morning Edition" contained a segment entitled "Gay Marriage Ban Gets Hearing in Georgia Court" (RealPlayer required).

Via the web site of the Supreme Court of Georgia, you can view the oral argument live online right now by clicking here (RealPlayer required). And you can access the briefs filed in the case at this link.

And "Notice of Appeal" is live-blogging the oral argument.
Posted at 10:00 AM by Howard Bashman



"The secret that wasn't: Violent felon bragged that he was real killer." This article, the third in a three-part series, appears today in The Chicago Tribune. That newspaper also contains an editorial entitled "Death in Texas."
Posted at 09:10 AM by Howard Bashman


"Court reinstates death penalty; Kline says 'death penalty is the law of Kansas'": The Topeka Capital-Journal contains this article today.

The Wichita Eagle today contains articles headlined "Death penalty upheld; High court finds state law constitutional" and "Ruling echoes in local capital murder trial." The newspaper also contains an editorial entitled "Ruling affirms will of legislature, juries."

The Kansas City Star reports that "Death penalty restored in Kansas; The U.S. Supreme Court overturns a state high court ruling, putting at least six people back on death row."

Charles Lane of The Washington Post reports that "Justices Clash Over Death Penalty Case; Court Narrowly Affirms Kansas Law."

And Joan Biskupic of USA Today reports that "Justices narrowly uphold Kan. death penalty law; Ruling rejects claim that state courts lean toward execution."
Posted at 09:00 AM by Howard Bashman



"From President Bush to local lawyers, judge, 99, is honored; District Judge Wesley Brown in Wichita was sworn in by John F. Kennedy in 1962": This article appeared last Friday in The Wichita Eagle.
Posted at 08:55 AM by Howard Bashman


"Court rules sting legal; A lawyer will be sentenced for using a computer to entice a supposed 14-year-old": The Kansas City Star contains this article today.

And The Springfield (Mo.) News-Leader today contains an editorial entitled "Appeals court makes right call on sex offender prosecutions."

My earlier coverage appears at this link.
Posted at 08:50 AM by Howard Bashman



"'Choose Life' tags expected by fall after failed challenge; ACLU gives up after justices won't hear case": This article appears today in The Tennessean.

The Knoxville News Sentinel reports today that "Anti-abortion tags to be issued; U.S. Supreme Court's refusal to hear appeal ends 3-year fight over 'Choose Life' plates."

And The Memphis Commercial Appeal reports that "'Choose Life' plates permitted; ACLU considers its options now."
Posted at 08:45 AM by Howard Bashman



"Execution Imminent, DNA Tests Urged; Rape victims and five exonerated men join in asking Tennessee to delay a death sentence": Henry Weinstein has this article today in The Los Angeles Times.

And in local coverage, The Tennessean today contains articles headlined "State readies death chamber for Reid, Alley; Executions would be about 2 hours apart" and "Alley convicted of brutal murder."
Posted at 08:42 AM by Howard Bashman



"Judge: Blanco could not suspend suit deadline; Potentially thousands of post-Katrina cases could be affected." This article appears today in The Advocate of Baton Rouge.
Posted at 08:40 AM by Howard Bashman


"High Court Decides Police Can Act on Tips; Justices say officers may stop drivers even if they don't witness suspicious activity themselves": Maura Dolan has this article today in The Los Angeles Times. My earlier coverage appears here.
Posted at 08:30 AM by Howard Bashman


The San Francisco Chronicle is reporting: Today's newspaper contains an article headlined "Property seizure revolt heads for California; Ballot Initiative would limit use of eminent domain."

And Bob Egelko has an article headlined "Ex-marshal's appeal in LSD case is denied" reporting on a decision that the U.S. Court of Appeals for the Ninth Circuit issued yesterday.
Posted at 08:24 AM by Howard Bashman



"Senate Debates Flag Bill; Backers Seem Near Success": This article appears today in The New York Times, along with an editorial entitled "Burning the Bill of Rights."

The Washington Post today contains an article headlined "In the Senate, Waving the Flag Amendment." And Dana Milbank's Washington Sketch column is headlined "In the Senate, Covering Themselves in Old Glory."

The Chicago Tribune reports that "Senate expects close flag amendment vote; States likely would ratify protections."

And The Los Angeles Times contains an editorial entitled "The case for flag-burning: An amendment banning it would make America less free."
Posted at 07:28 AM by Howard Bashman



"City Drops Objections To Religious Sculpture; Display Doesn't Need Permit, Agency Says": The Washington Post today contains an article that begins, "More than three weeks after District officials warned an evangelical Christian group about displaying a sculpture of the Ten Commandments on property across the street from the U.S. Supreme Court, they said yesterday that the 850-pound granite monument doesn't need a permit after all."
Posted at 07:24 AM by Howard Bashman


"Jurist Need Not Testify; Court Grants Sullivan's Motion": Today in The Hartford Courant, Lynne Tuohy has an article that begins, "Former Chief Justice William J. Sullivan does not have to honor a subpoena to appear before a legislative hearing to answer questions about his decision to withhold release of a controversial ruling to benefit a colleague. Such an appearance would have violated the constitutional separation of powers doctrine, a Superior Court judge ruled Monday."

And The Waterbury Republican-American today contains an article headlined "No subpoena for former chief justice Sullivan."
Posted at 07:08 AM by Howard Bashman



"U.S. Ends a Yearlong Effort to Obtain Library Records Amid Secrecy in Connecticut": The New York Times contains this article today.
Posted at 07:05 AM by Howard Bashman


"A 'Mafia Cop' Lawyer Is Found Not Incompetent": This article appears today in The New York Times.

And The New York Sun reports today that "'Mafia Cop' Lawyer Defends Strategy That Resulted in a Life Sentence."
Posted at 06:58 AM by Howard Bashman



"Justices Get Down to Business; High Court to Weigh In On String of Corporate-Related Cases": Ben Winograd and Jess Bravin have this article (free access) today in The Wall Street Journal.

David G. Savage of The Los Angeles Times reports today that "Justices Take Up Climate Debate; Environmentalists and 12 states, including California, hope the high court will order new emission rules to fight global warming."

The New York Times reports that "Justices Agree to Consider New Case on Emissions" and "Supreme Court to Review Antitrust Case Against Phone Companies."

The Washington Post reports that "High Court to Hear Greenhouse Gas Case; States, Groups Push for Regulation."

USA Today reports that "Court to hear case on federal regulation of 'greenhouse gases.'"

The Washington Times reports that "Court to review EPA's refusal to regulate CO2."

And law.com's Tony Mauro reports that "Supreme Court Agrees to Hear Patent and Clean Air Act Cases."
Posted at 06:54 AM by Howard Bashman



"Studying the State of the Las Vegas Judiciary: An Illustration of the Problems that Arise When Judges Are Elected, Not Appointed." Carl Tobias has this essay today online at FindLaw.
Posted at 06:45 AM by Howard Bashman


Monday, June 26, 2006

More news regarding the author of the blog "Underneath Their Robes": The U.S. Court of Appeals for the Third Circuit issued this order today. And while it is not uncommon to see someone added as counsel retroactively in support of the winning side of an appeal, deserving of even more respect are those who seek to be added as counsel retroactively in support of the losing side on appeal. Today's earlier news regarding the subject of this post can be accessed here.
Posted at 09:20 PM by Howard Bashman


"We address in this case the effect of an anonymous tip, received by police, that a certain type of vehicle, driving in a certain direction, was driving illegally. The majority today concludes a tip of this nature provides reasonable cause to detain the driver of such a vehicle, even though police fail to confirm any alleged illegality." Dividing 4-3, the Supreme Court of California issued this ruling today.
Posted at 09:04 PM by Howard Bashman


"Court Upholds Little Rock Desegregation": The AP provides this report on a ruling that the U.S. Court of Appeals for the Eighth Circuit issued today.
Posted at 08:45 PM by Howard Bashman


"Court to Hear Arguments in Taped Call Case": The Associated Press provides a report that begins, "A federal appeals court has agreed to hear new arguments in a case involving an illegally taped telephone call leaked to reporters by Rep. Jim McDermott, D-Wash. In an announcement late Monday, the U.S. Circuit Court of Appeals for the District of Columbia said all nine judges will hear McDermott's appeal of the taped call case, which dates back nearly a decade."

My earlier coverage of the divided three-judge D.C. Circuit panel's ruling in the case, from March 2006, can be accessed here and here.
Posted at 08:35 PM by Howard Bashman



Available online from National Public Radio: On this evening's broadcast of "All Things Considered," Nina Totenberg had audio segments entitled "High Court Throws Out Vermont Campaign Limits" and "Court's Docket: Detainees, Texas Districts."

And today's broadcast of "Day to Day" contained audio segments entitled "Court Rules on Campaign Spending, Death Penalty" (featuring Dahlia Lithwick) and "U.S. Senate to Debate Flag-Burning Amendment."

RealPlayer is required to launch these audio segments.
Posted at 08:35 PM by Howard Bashman



"Jim Haynes deserves a vote in Senate to become judge": William J. Watkins Jr., author of the "South Carolina Appellate Law Blog," has this op-ed today in The Greenville News.
Posted at 08:18 PM by Howard Bashman


"Lat quits Wonkette; To do law blog for Spiers": Via Romenesko comes this news (second item) from, of all places, Women's Wear Daily. Obviously, blogging about the law non-stop is too much fun to abandon for coverage of politics and cute interns.
Posted at 08:10 PM by Howard Bashman


"The Fifth Annual Supreme Court Breakfast Table": Slate today has launched this conversation between Dahlia Lithwick and Walter Dellinger.
Posted at 08:00 PM by Howard Bashman


Stephen Henderson of Knight Ridder Newspapers is reporting: Now available online are articles headlined "Justices reject strict limits on campaign contributions" and "Supreme Court takes new direction on death penalty."
Posted at 07:55 PM by Howard Bashman


"Justices Block Vermont Campaign Finance Law": Neil A. Lewis of The New York Times provides this news update.
Posted at 07:54 PM by Howard Bashman


"Supreme Court to Hear Greenhouse Gas Case": David G. Savage of The Los Angeles Times provides this news update.

And The New York Times provides a news update headlined "Justices to Rule on Regulation of Carbon Dioxide."
Posted at 07:45 PM by Howard Bashman



Warren Richey is reporting: Tuesday in The Christian Science Monitor, he will have articles headlined "High court strikes state's campaign fund limits; It found that Vermont's restrictions amounted to government censorship, violating the free speech of candidates"; "High court defers to states on death penalty; Monday's 5-4 ruling lets them decide how juries should weigh evidence in sentencing convicts": and "High court to hear 'greenhouse' case; It will consider whether the EPA must regulate carbon dioxide, which is said to contribute to global warming."
Posted at 07:35 PM by Howard Bashman


The Associated Press is reporting: Now available online are articles headlined "Justices: Defendants Can Hire Own Lawyers"; "Supreme Court Refuses Appeal in Drug Case"; "Justices Refuse Winnie the Pooh Case"; "Justices Reject Appeal in Hip-Hop Case"; and "Justices Won't Hear Ex-La. Governor Appeal."
Posted at 07:32 PM by Howard Bashman


"High Court Affirms Defendants' Right to Counsel of Choice; Decision is one of several handed down Monday, in what is likely to be the final week of the current term": law.com's Tony Mauro provides this news update.
Posted at 07:25 PM by Howard Bashman


"Our circuit has not previously decided whether an attempt to entice a minor to engage in illegal sexual activity requires that the intended victim be an actual minor." Today a unanimous three-judge panel of the U.S. Court of Appeals for the Eighth Circuit issued a decision holding that no actual minor is required to gain a conviction of that federal crime.
Posted at 11:24 AM by Howard Bashman


Three-judge Federal Circuit panel divides over Seventh Amendment right to jury trial on factual questions of intent to deceive and materiality of deceptively withheld information: You can access today's ruling of the U.S. Court of Appeals for the Federal Circuit at this link. In her dissenting opinion, Circuit Judge Pauline Newman offers an interesting historical review of the right to a jury trial on these sorts of factual issues.
Posted at 11:18 AM by Howard Bashman


Today's U.S. Supreme Court Order List and opinions in argued cases: The Court today issued decisions in five cases and announced that the next day on which opinions will issue will be Wednesday. That likely will be the final date on which opinions will issue this Term, although additional orders could issue on Thursday.

1. The Court issued its ruling in Randall v. Sorrell, No. 04-1528, a matter better known as the Vermont campaign finance case. You can access the oral argument transcript here. Additional information about the case is available at this link.

2. The Court issued its ruling in Kansas v. Marsh, No. 04-1170, one of the cases reargued after Justice Samuel A. Alito, Jr. joined the Court. You can access the oral argument transcripts here and here. Additional information about the case is available at this link.

3. The Court issued its ruling in Washington v. Recuenco, No. 05-83. You can access the oral argument transcript here. Additional information about the case is available at this link.

4. The Court issued its ruling in United States v. Gonzalez-Lopez, No. 05-352. You can access the oral argument transcript here. Additional information about the case is available at this link.

5. And finally, the Court issued its decision in Arlington Central School Dist. Bd. of Ed. v. Murphy, No. 05-18. You can access the oral argument transcript here. Additional information about the case is available at this link.

You can access today's Order List at this link. The Court today granted review in five cases and called for the views of the Solicitor General in an additional case.

At "SCOTUSblog," Lyle Denniston has posts titled "Decisions: campaign finance limits nullified; five rulings overall" and "Orders: Court grants EPA, four other cases."

In early news coverage, Gina Holland of The Associated Press reports that "Alito Breaks Tie, Kan. Death Penalty Stays" and "High Court Declines Anti-Abortion Tag Case." The AP is also reporting that "High Court Rejects Vt. Campaign Finance Law" and "Supreme Court to Hear Bush Environment Case."
Posted at 10:00 AM by Howard Bashman



"Man Says He's on Heroin to Avoid Jury Duty": The Associated Press provides this report.

And in local coverage, The Columbus Dispatch on Saturday reported that "Irreverent would-be juror finds joke's on him."
Posted at 09:50 AM by Howard Bashman



"Roberts's First Term Gave Companies Most of What They Sought": Greg Stohr of Bloomberg News provides this report.
Posted at 07:10 AM by Howard Bashman


"Kansans on death row wait for court's ruling": The Wichita Eagle today contains an article that begins, "The U.S. Supreme Court is expected to rule this week in a case that will likely decide whether prosecutors can pursue death sentences against two of the alleged killers of Chelsea Brooks."
Posted at 07:10 AM by Howard Bashman


"Court Review of Wiretaps May Be Near, Senator Says": This article appears today in The New York Times.
Posted at 07:07 AM by Howard Bashman


In news from Oklahoma: The Tulsa World yesterday reported that "Police report links former judge, missing trial witness." On Saturday, the newspaper reported that "Jurors learn of ex-judge's maladies; A prosecution witness demonstrates how to operate a penis pump." And on Friday, the newspaper reported that "Former jurors take stand; One testifies that the defense attorney tried to persuade her to change her testimony."

In other coverage, The Sapulpa (Okla.) Daily Herald reported Saturday that "Thompson's DNA found on robe, expert says." On Friday, the newspaper reported that "Former jurors testify in Thompson trial." And on Thursday, the newspaper reported that "Employees testify judge had exposed himself."
Posted at 07:00 AM by Howard Bashman



"A Phantom, or the Killer? A prosecutor said Carlos Hernandez didn't exist; But he did, and his MO fit the crime." This article -- part two of a three-part series -- appears today in The Chicago Tribune. And today's newspaper also contains a related article headlined "Co-prosecutor knew of Hernandez; He now says he should have told his partner."
Posted at 06:55 AM by Howard Bashman


"This Land Is Wetland: The Supreme Court issues an environmental ruling that does little yet threatens much." This editorial appears today in The Washington Post.
Posted at 06:48 AM by Howard Bashman


"Why Pay a Fraud Plaintiff to Sue?" Law Professor Richard A. Booth has this essay today at washingtonpost.com.
Posted at 06:44 AM by Howard Bashman


"Roberts plays dual roles: Chief justice and father; Family life reflects generational shift in Supreme Court." Joan Biskupic has this article today in USA Today.
Posted at 06:35 AM by Howard Bashman


"Hedge funds no longer required to register with SEC; Ruling won't affect agency's ability to prosecute on fraud charges": USA Today contains this article today. My earlier coverage appears here and here.
Posted at 06:30 AM by Howard Bashman


"Flag-Burning Debate Reclaims Spotlight; Senate Plans to Vote on Constitutional Amendment This Week": This article (free access) appears today in The Wall Street Journal.

USA Today reports today that "Flag desecration could become an issue in state elections."

And in the "Talk of the Town" section of the June 3, 2006 issue of The New Yorker, Hendrik Hertzberg has a Comment entitled "For Which it Stands."
Posted at 06:28 AM by Howard Bashman



"Blawg Review #63": Available onlne here at "The Airport Lawyer."

"How Appealing" will host "Blawg Review #64" on Monday, July 3, 2006, and instructions on how to submit a post from your blog for inclusion in next week's installment can be accessed here.
Posted at 06:25 AM by Howard Bashman



Sunday, June 25, 2006

"Judges get home security; Lefkow slayings spur expansion of measures to safeguard jurists": This article appears today in The Chicago Tribune.
Posted at 08:23 PM by Howard Bashman


"Scalia twisted my words": Samuel Walker has this op-ed today in The Los Angeles Times.
Posted at 08:20 PM by Howard Bashman


"Once Symbolic, Flag Amendment Close to Passage; The constitutional ban on burning may have enough Senate votes; Debate begins this week": This article appears today in The Los Angeles Times.

And James Kuhnhenn of Knight Ridder Newspapers reports that "Flag desecration vote expected to be close."
Posted at 08:15 PM by Howard Bashman



"Court Ruling Could Halt Guantanamo Trials": The Associated Press provides this report.

In recent coverage from Carol Rosenberg of The Miami Herald, "Gitmo prison camp sends home 14 Saudis"; "Detainee lawyers win recognition; Three Guantanamo lawyers were picked for a prestigious list of the nation's top 100 attorneys; They are a Navy officer, a New York civil libertarian and a retired judge, all defenders of the detainees"; "Ex-general: Prison camp is a legal mess; A retired general got a first post-suicides tour of Guantanamo and declared it abuse-free; But he said the Bush administration needs to better define the captives' status"; and "War court at camp to take a hiatus; The Pentagon keeps the Guantanamo Bay, Cuba, war court closed for at least a month following three captives' apparent suicides in the prison camps."

And today in The New York Times, Law Professor Eric Posner has an op-ed entitled "A Threat That Belongs Behind Bars."
Posted at 07:54 PM by Howard Bashman



"Forget Flag Burning: Debating a ban during war is a waste of time and sends troops the wrong message." Major General Robert Scales (Ret.) will have this essay in the July 3, 2006 issue of Time magazine.
Posted at 07:45 PM by Howard Bashman


"Memorial Services for Chief Justice William H. Rehnquist": You can view online, on-demand yesterday evening's broadcast of C-SPAN's "America & the Courts" program by clicking here (RealPlayer required).
Posted at 07:44 PM by Howard Bashman


"Diocese honors Alito; Supreme Court justice receives award for contribution to hometown": This article appears today in The Trenton Times.

And The Trentonian today reports that "Trenton Diocese honors Justice Alito."
Posted at 10:35 AM by Howard Bashman



"A modest proposal": Today in The Los Angeles Times, David J. Garrow has this review of Law Professor Jeffrey Rosen's new book, "The Most Democratic Branch: How the Courts Serve America."
Posted at 10:30 AM by Howard Bashman


"30 years of the death penalty": This article appears today in The Potomac (Va.) News.
Posted at 10:27 AM by Howard Bashman


"GOP's burning flag issue may pass": Dick Polman, political analyst for The Philadelphia Inquirer, today has this article in that newspaper.
Posted at 10:22 AM by Howard Bashman


"The road from Guantanamo: The President and his critics alike may want to close the detention center at Guantanamo Bay; The problem - for both security hawks and civil libertarians - is what would replace it." This article appears today in the Ideas section of The Boston Globe.
Posted at 08:47 AM by Howard Bashman


"Jailed Mack meets with his lawyers": The Reno Gazette-Journal contains this article today.
Posted at 08:45 AM by Howard Bashman


Saturday, June 24, 2006

"'I didn't do it. But I know who did'; New evidence suggests a 1989 execution in Texas was a case of mistaken identity": This article -- the first in a three-part series -- appears online today at the web site of The Chicago Tribune. Additional background on the series can be accessed here.
Posted at 07:50 PM by Howard Bashman


"Former Intelligence Officer Gets Life in Ex-Wife's Death": The Washington Post today contains an article that begins, "As he was about to be sentenced to life in prison yesterday in the kidnapping and slaying of his ex-wife, Jay E. Lentz turned and faced the prosecutors who had pursued the case for more than five years -- through Lentz's conviction, the reversal of that conviction, a second trial and a bitter dispute about tainted evidence."

And The Associated Press reports that "Lentz gets life term in death of ex-wife; Ex-naval officer's sentence was mandatory, comes after five years of legal wrangling."
Posted at 07:48 PM by Howard Bashman



"In 'Mafia Cops' Case, the Prosecution Comes to the Defense of the Defense": The New York Times today contains this article.

In earlier coverage, yesterday the newspaper contained an article headlined "The Defense Rests, Loses the Case, and Is Called to the Stand."

And The Los Angeles Times reports today that "'Mafia Cops' Claim Lawyers Botched Case; Two officers convicted of moonlighting as mob hit men criticize their defense, seek a mistrial."
Posted at 07:35 PM by Howard Bashman



"Forklift Driver's Stand Leads to Broad Rule Protecting Workers Who Fear Retaliation": This article appears today in The New York Times. I collected earlier coverage of Thursday's ruling of the U.S. Supreme Court at this link.
Posted at 07:22 PM by Howard Bashman


"U.S. plays terror card in hearing on AT&T wiretap lawsuit; Government wants case tossed to avoid telling 'state secret'": Bob Egelko has this article today in The San Francisco Chronicle.

The New York Times reports today that "U.S. Pushes for Dismissal of Lawsuit Against AT&T."

The Los Angeles Times reports that "AT&T Case Weighs Secrecy; Federal lawyers argue for lawsuit's dismissal, saying disclosures during a trial could harm national security."

The San Jose Mercury News reports that "AT&T rebuts spying lawsuit; It says it obeyed authorized order."

David Kravets of The Associated Press reports that "Gov't Asks Judge to Dismiss Spying Suit."

And in related coverage, yesterday's broadcast of NPR's "Day to Day" contained an audio segment entitled "EFF Expands Influence on Digital-Rights Frontier" (RealPlayer required).
Posted at 07:14 PM by Howard Bashman



"High Court Saves Some Best Cases for Last": Gina Holland of The Associated Press provides this report.
Posted at 07:05 PM by Howard Bashman


"Sullivan Secretly Fights Order; Justice Tries To Quash Subpoena": Today in The Hartford Courant, Lynne Tuohy has an article that begins, "Former Chief Justice William J. Sullivan, already embroiled in controversy for secretly withholding release of a controversial ruling, Friday sought to secretly quash the subpoena served on him by the leaders of the legislature's judiciary committee."
Posted at 10:48 AM by Howard Bashman


"'Agreement In Principle' Reached; Fort Trumbull Saga is Expected To Come To An End Next Week": The Day of New London, Connecticut today contains an article that begins, "The last two plaintiffs in the years-long eminent domain case have reached a 'tentative agreement' with the city, but no one was saying Friday whether that means they will stay in the Fort Trumbull neighborhood, or leave. Susette Kelo and the family of Pasquale Cristofaro are expected to reveal the final details next Friday, after they sign the agreement, said Scott Bullock, senior attorney with the Institute for Justice."
Posted at 10:45 AM by Howard Bashman


"Mack turns himself in, booked into Washoe jail": The Reno Gazette-Journal today contains an article that begins, "Ending an 11-day international manhunt, Darren Mack turned himself in to authorities and arrived in Reno late Friday to face charges in the stabbing death of his estranged wife and the shooting of the family court judge deciding their divorce."

That newspaper today also contains articles headlined "Treaty would have protected Mack from death penalty, international law experts say"; "Judge, bereaved family relieved at Mack's capture"; "Some residents say arrest helps restore community's safety"; and "Search of townhouse yields dozens of items."

Yesterday, meanwhile, the newspaper contained articles headlined "Some courthouse security vulnerabilities have gone unfixed" and "Fugitive Mack seen at Mexico resort."

The New York Times reports today that "Man Sought in Reno Attacks Is Found in Mexico."

And The Washington Post reports that "Suspect in Nevada Shootings Held; Ex-Wife Slain; Judge Handling Their Divorce Was Wounded."
Posted at 10:40 AM by Howard Bashman



"Court Says S.E.C. Lacks Authority on Hedge Funds": The New York Times contains this article today.

The Washington Post reports today that "Hedge Fund Rule Tossed; Appeals Court Says SEC Went Too Far In Oversight Effort."

The Los Angeles Times reports that "SEC Rule on Hedge Funds Is Invalidated; Appeals judges reject as arbitrary the bid to regulate the investment vehicles; The agency says it will reassess its plan."

The Chicago Tribune reports that "Hedge funds win in court; Appeals panel strikes down SEC rule try."

And The Boston Globe reports that "Court rejects hedge-fund disclosure rule; SEC had sought more oversight of investments."

My earlier coverage appears at this link.
Posted at 10:30 AM by Howard Bashman



"'Wal-Mart Bill' Assailed Before Judge": This article appears today in The Washington Post.

And The Baltimore Sun reports today that "State asks dismissal of suit over Wal-Mart; Challenge says states can't require benefits."
Posted at 10:25 AM by Howard Bashman



"Civil Rights Attorney Yagman Indicted by Federal Grand Jury; Lawyer says the tax evasion and money laundering charges are retaliation by federal agencies; Prosecutors deny it": The Los Angeles Times contains this article today.

And The Press-Enterprise of Riverside, California reports today that "Civil-rights lawyer indicted; Stephen Yagman's attorney calls the case retaliation; U.S. prosecutors deny it."
Posted at 10:18 AM by Howard Bashman



"Schools' Efforts on Race Await Justices' Ruling": This article appears today in The New York Times.
Posted at 10:12 AM by Howard Bashman


"Chertoff Says Homeland Security No '24'": This article from The Associated Press reports on an event hosted yesterday by The Heritage Foundation.

The Washington Post today contains an article headlined "Calling On Hollywood's Terrorism 'Experts': Homeland Security Chief Compares Reality and '24.'"

Today's broadcast of NPR's "Weekend Edition - Saturday" contained an audio segment entitled "Chertoff Brings Reality Check to '24' Crew" (RealPlayer required).

And today in The New York Times, columnist Maureen Dowd has an op-ed entitled "We Need Chloe!" (TimesSelect subscription required).

You can view yesterday's Heritage event online, on-demand by clicking here (RealPlayer required).
Posted at 08:40 AM by Howard Bashman



"Court Bars Info Request on NSA Wiretapping": The AP provides this report. My earlier coverage is here.
Posted at 08:33 AM by Howard Bashman


"Marshall dies before estate fight ends; Spent more than a decade fighting to keep ex-stripper Smith from share of his dad's wealth": This article appears today in The Houston Chronicle.

And The Associated Press reports that "Oil Tycoon's Son E. Pierce Marshall Dies."
Posted at 08:28 AM by Howard Bashman



Friday, June 23, 2006

Those unfavorable judicial nominee ratings prove costly: The AP provides an article headlined "Bar Association Agrees to Pay $185G Fine" that reports, "The Justice Department and the American Bar Association agreed Friday that the association, the nation's largest group of lawyers, had indeed violated a 1996 court order that settled a government antitrust suit against the ABA. The ABA even agreed to pay $185,000 to reimburse the government for its costs in investigating what the Justice Department called a case of civil contempt of court."
Posted at 09:14 PM by Howard Bashman


"Bush Order Would Limit Property Seizures": The Associated Press provides this report on an executive order that the White House issued today.
Posted at 09:10 PM by Howard Bashman


In today's mail: "The Curmudgeon's Guide to Practicing Law," written by attorney Mark Herrmann.
Posted at 06:04 PM by Howard Bashman


"U.S. Asks for Top Security in Albany Terrorism Case; Defense lawyers balk at government plan to require monitor's presence during review of papers, client talks": law.com published this report back in October 2004.

Today, a three-judge panel of the U.S. Court of Appeals for the Second Circuit issued a per curiam decision denying a writ of mandamus that one of the defendants requested ordering the district court to vacate orders that are based on confidential documents, arguments, and decision memoranda, and ordering the United States to abandon a communications monitoring program described in newspaper articles.

Additional background on the case is available in a USA Today article from August 2004 headlined "Federal agents raid mosque in Albany; 2 arrested" and in Associated Press reports from August 2004 headlined "Two Albany mosque leaders indicted on 19 counts" and "Prosecutors admit possible evidence error in N.Y. terror sting."
Posted at 05:45 PM by Howard Bashman



"[T]he jury's conclusion about the plaintiff's level of emotional trauma might well reflect its view concerning the reprehensibility of the defendant's conduct." The final portion of this opinion that a three-judge panel of the U.S. Court of Appeals for the First Circuit issued today contains an interesting discussion of the potential for overlap between a jury's award of damages for emotional distress and what a jury might have awarded had it been advised (as it should have been but was not at the original trial) that an award of punitive damages in favor of the plaintiff was appropriate.

In any event, that part of today's First Circuit ruling reminded me of a working paper by Law Professor Catherine M. Sharkey titled "Crossing the Punitive-Compensatory Divide."
Posted at 05:14 PM by Howard Bashman



Kelo plus one: One year ago today, the Supreme Court of the United States issued its ruling in Kelo v. City of New London. My posts from one year ago collecting press coverage of the ruling can be accessed here, here, and here.
Posted at 04:58 PM by Howard Bashman


The Fox Theatre in Atlanta, Georgia is sufficiently accessible to disabled patrons, the U.S. Court of Appeals for the Eleventh Circuit has ruled: You can access today's decision at this link.
Posted at 04:05 PM by Howard Bashman


Eleventh Circuit affirms federal criminal sentence imposed for orchid-related crime: Fans of the movie "Adaptation" and others can access today's ruling of the U.S. Court of Appeals for the Eleventh Circuit at this link.
Posted at 04:02 PM by Howard Bashman


"High Court Draws Line On Bosses' Retaliation; Discrimination Decision Could Affect Dealings In and Out of Workplace": Jess Bravin and Ben Winograd have this article (pass-through link) today in The Wall Street Journal. Earlier today, I collected additional press coverage at this link.
Posted at 03:44 PM by Howard Bashman


"Court Rejects SEC Hedge-Fund Rule": The AP provides this report on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.
Posted at 03:10 PM by Howard Bashman


In news from Italy: The Associated Press reports that "Watchdog Protests Blogger Conviction."
Posted at 03:08 PM by Howard Bashman


Did the State of Texas execute Carlos De Luna for a crime he did not commit? The Chicago Tribune on Sunday will begin a three-part series arguing that the answer is "yes." The case will also be the subject of a report on tonight's broadcast of the ABC News "Nightline" program. The Tribune's web site provides this preview.
Posted at 03:05 PM by Howard Bashman


"Suspect in Nev. Shooting Caught in Mexico": The Associated Press provides this report.

And The Reno Gazette-Journal provides news updates headlined "Mack surrenders in Mexico"; "Police: Mack booked into Dallas jail"; and "Mack could be transported to Reno today."
Posted at 02:33 PM by Howard Bashman



"Leishmaniasis, a parasitic disease caused by obligate intracellular protozoa, is transmitted by the bite of some species of phlebotomine sand flies." So reports the Centers for Disease Control and Prevention in a document available online at this link.

Today, a unanimous three-judge panel of the U.S. Court of Appeals for the Sixth Circuit issued an opinion reinstating a portion of a Federal Tort Claims Act suit brought by the family of a former U.S. Army serviceman who contracted Leishmaniasis while serving in the Persian Gulf War in 1991 and then transmitted the disease to his family after being discharged from the Army.
Posted at 11:40 AM by Howard Bashman



The exception to the warrant requirement under the Fourth Amendment for a search of the passenger compartment of a car incident to a lawful custodial arrest applies only if the search follows the arrest, a divided three-judge D.C. Circuit panel holds: The U.S. Court of Appeals for the D.C. Circuit issued this decision today.
Posted at 10:14 AM by Howard Bashman


"North Carolina can keep its Bill of Rights; Appeals court reaffirms claim": The News & Observer of Raleigh, North Carolina contains this article today. My earlier coverage appears here.
Posted at 09:44 AM by Howard Bashman


"Supreme Court Sides with Worker in Retaliation Suit": This audio segment (RealPlayer required) featuring Nina Totenberg appeared on today's broadcast of NPR's "Morning Edition."
Posted at 09:28 AM by Howard Bashman


"Mayor wants cross case heard by U.S. high court; Symbol comes down if no action by Aug. 1": The San Diego Union-Tribune today contains an article that begins, "San Diego Mayor Jerry Sanders is taking the city's fight to keep a cross atop Mount Soledad to the U.S. Supreme Court."
Posted at 07:54 AM by Howard Bashman


"Supreme Court Gives Employees Broader Protection Against Retaliation in Workplace": Linda Greenhouse has this article today in The New York Times.

Today in The Washington Post, Charles Lane reports that "Court Expands Right to Sue Over Retaliation on the Job."

David G. Savage of The Los Angeles Times reports that "Justices Define Employer Reprisal Liberally; In a unanimous ruling, the Supreme Court says all but trivial actions taken against a worker filing a discrimination claim are illegal."

Joan Biskupic of USA Today reports that "Court eases worker lawsuits; Issue is retaliation after complaints."

Warren Richey of The Christian Science Monitor reports that "High court eases path for workers' discrimination suits; Employees can sue for retaliation even if bosses don't fire them, the justices ruled Thursday."

The Chicago Tribune reports that "High court widens protection for workers against retaliation."

The Houston Chronicle reports that "Ruling widens ability to sue; Decision favors workers, defines retaliation broadly."

The Commercial Appeal of Memphis reports that "In landmark case, court sides with Memphis woman."

And law.com's Tony Mauro reports that "Supreme Court Sides With Employees in Discrimination Case."
Posted at 07:45 AM by Howard Bashman



"Court doesn't tip hand on voting-rights case; Ruling to have effect on General Plan Initiative": Today's edition of The Monterey County Herald contains an article that begins, "On the day the House of Representatives postponed renewal of the Voting Rights Act, the landmark 1965 law that protected minority voters against discrimination, a full panel of the U.S. 9th Circuit Court of Appeals debated whether the law applies to recall petitions."
Posted at 07:40 AM by Howard Bashman


The Los Angeles Times is reporting: Today's newspaper contains articles headlined "Three Las Vegas Judges Face High Court Review; In response to a Times investigation, Nevada's justices want the senior jurists to answer conflict-of-interest and favoritism allegations" and "Voided Sale of PBS Station to Be Appealed; An O.C. college district will fight a televangelist firm's challenge to the sale of KOCE-TV."
Posted at 07:38 AM by Howard Bashman


"Not a usual day in court: Federal building locked down when suspect runs." This article appears today in The Chicago Tribune.

And The Chicago Sun-Times reports today that "Man sets off courthouse lockdown."
Posted at 07:33 AM by Howard Bashman



"Ruling Opens Door to Deportations; Justices Say Immigration Law Can Be Applied Retroactively": Charles Lane has this article today in The Washington Post.

David G. Savage of The Los Angeles Times reports today that "Supreme Court Upholds Strict Deportation Law; An illegal immigrant is subject to a policy passed after his arrival and cannot remain, justices rule, despite a job and family here."

The Standard-Examiner of Ogden, Utah reports that "Supreme Court ruling hits home; Husband barred from returning to Ogden family."

The Salt Lake Tribune contains articles headlined "Door shut: Court upholds Ogden man's deportation; Living, working and having a family in U.S. can't excuse breaking the law, justices rule" and "Latinos say immigration laws often confusing, anti-family."

The Deseret Morning News reports that "Deportee can't come home; Supreme Court ruling keeps the ex-Ogden man from his family."

Patty Reinert of The Houston Chronicle reports that "High court spurns deportee's return; 8-1 decision is seen as a blow to illegal immigrants."

The San Antonio Express-News reports that "High court upholds '97 migrant deadline."

Warren Richey of The Christian Science Monitor has an article headlined "Supreme Court's tough line on deportees; Thursday's ruling, expelling a man deported two decades ago, could penalize thousands of illegal immigrants."

And The Washington Times reports that "Court backs deporting longtime illegal alien."
Posted at 07:25 AM by Howard Bashman



"Justices Drop Consideration of Boundaries for Patents": This article appears today in The New York Times.

And law.com's Tony Mauro reports that "High Court Dismisses Patent Case."
Posted at 07:23 AM by Howard Bashman



"Timeless Art, Frozen in Time (for Now)": The New York Times today contains a Day Trip essay by Fred A. Bernstein that begins, "Even before I got to the big wrought-iron gate, two myths had been shattered. The Barnes Foundation -- the embattled art museum with one of the world's greatest collections -- is often portrayed as both hard to get to and the bane of its neighbors in Merion, a wealthy old suburb of Philadelphia."
Posted at 07:20 AM by Howard Bashman


"Doctors See Way to Cut Suffering in Executions": This article appears today in The New York Times.
Posted at 07:15 AM by Howard Bashman


"Off the Deep End: Lawyers took our diving board." Steve Moore has this op-ed today in The Wall Street Journal.
Posted at 07:10 AM by Howard Bashman


"A Supreme Court Majority Rejects Evidence of On-The-Scene Accuser Statements, But Justice Thomas Seeks More Protection for Domestic Violence Victims": Julie Hilden has this essay online today at FindLaw.
Posted at 07:08 AM by Howard Bashman


Thursday, June 22, 2006

"High Court Sides With Woman's Retaliation Claim": This audio segment (RealPlayer required) featuring Nina Totenberg appeared on this evening's broadcast of NPR's "All Things Considered."
Posted at 09:23 PM by Howard Bashman


The litigation over North Carolina's previously purloined original copy of the Bill of Rights appears to be concluded: A three-judge panel of the U.S. Court of Appeals for the Fourth Circuit issued this unpublished per curiam opinion today. Additional background on this matter can be accessed here and here from The Christian Science Monitor and here from the U.S. Marshals Service.

In news coverage of today's ruling, The Associated Press reports that "U.S. appeals court backs N.C. in ownership of Bill of Rights copy."
Posted at 09:12 PM by Howard Bashman



"Lawmakers Subpoena Former State Supreme Court Chief Justice": Lynne Tuohy of The Hartford Courant provides a news update that begins, "Former Supreme Court Chief Justice William J. Sullivan was subpoenaed today to testify before the legislature's Judiciary Committee hearing next Tuesday on his machinations to withhold release of a controversial high court ruling to aid the prospects of a colleague to succeed him as chief justice."
Posted at 08:55 PM by Howard Bashman


"Technical Glitch Opens Window Into Leak Case": Adam Liptak of The New York Times provides a news update that begins, "About eight pages of a 51-page government brief filed in federal court in San Francisco on Wednesday were electronically blacked out to protect what prosecutors said was sensitive material concerning a grand jury's investigation into steroid use in baseball. But the secret passages can be viewed by simply pasting the document into a word processing program."

Liptak's update credits Josh Gerstein of The New York Sun for breaking that news in an article published today headlined "Prosecutors Demand Reporters Testify in Steroid Case."

Earlier today, I linked here to the federal government's supposedly redacted court filing. To read the redacted text, simply use the PDF "select" feature, then right-click and "copy to clipboard," after which you will need to past the copied text into a word processing program or into Notepad. The "Deadspin" blog explains the process in a post titled "How To Outwit The Government."

So you can use Adobe Acrobat to avoid Microsoft Word's metadata problem, but apparently Adobe Acrobat's redact function does not truly hide the document's text if the text is merely blackened-out.
Posted at 08:40 PM by Howard Bashman



"Supreme Court Sides With Employees in Discrimination Case": law.com's Tony Mauro provides this news update.

And Charles Lane of The Washington Post provides a news update headlined "Sex Bias Award Affirmed."
Posted at 06:25 PM by Howard Bashman



On today's broadcast of NPR's "Day to Day": The broadcast contained audio segments entitled "Justices Rule on Employment, Immigration, Abuse Cases" (featuring David G. Savage) and "Court Ruling on Deportation Divides a Family." RealPlayer is required to launch these audio segments.
Posted at 02:54 PM by Howard Bashman


Access online the audio from today's Ninth Circuit rehearing en banc oral argument in Padilla v. Lever: The audio file can be accessed here (Windows Media format; 9.57 MB audio file; right-click to download to your computer). Earlier today, I linked here to press coverage previewing the en banc reargument.
Posted at 02:45 PM by Howard Bashman


"Show Me State: The Supreme Court listens to the states." Douglas T. Kendall and Jennifer Bradley have this essay online at The New Republic.
Posted at 02:38 PM by Howard Bashman


"Hard Knocks With No-Knock: Why is it unreasonable to announce and wait?" Tim Cavanaugh has this essay online at Reason.
Posted at 02:33 PM by Howard Bashman


"Gorsuch looks like shoo-in for court; The Denver native, a nominee to the 10th Circuit Court of Appeals, breezes through a hearing attended by just one senator": This article appears today in The Denver Post.
Posted at 02:25 PM by Howard Bashman


"Federal building on lockdown": The Chicago Tribune provides a news update that begins, "U.S. Marshals are conducting a floor-to-floor search this morning at the Dirksen U.S. Courthouse for a man who escaped custody during a court appearance."

The Chicago Sun-Times provides a news update headlined "Dirksen federal building on alert."

And The Associated Press reports that "Prisoner Escapes From U.S. Marshals."
Posted at 01:20 PM by Howard Bashman



"Breaking up the 9th Circuit an issue again in the Senate": Lawrence Hurley has this article today in The Daily Journal of California.
Posted at 01:15 PM by Howard Bashman


Thanks to the Eleventh Amendment, former law student's constitutional challenge to in-state tuition discounts at Indiana University School of Law is moot: A unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit issued this opinion today.
Posted at 01:05 PM by Howard Bashman


Over the dissent of three judges, the Federal Circuit denies rehearing en banc in Smithkline Beecham Corp. v. Apotex Corp.: You can access the order denying rehearing en banc, and two dissenting opinions from that order, at this link. Six votes were required for rehearing en banc to have been granted.
Posted at 12:15 PM by Howard Bashman


On the first full day of summer: The U.S. Court of Appeals for the Federal Circuit today issued a decision in a case involving a patent dispute over an inflatable Santa. According to this web page, there's only 185 days, 11 hours, and 50 minutes till the arrival of Christmas.
Posted at 12:10 PM by Howard Bashman


Today's U.S. Supreme Court opinions in argued cases: The Court today issued five decisions in argued cases.

1. Justice Samuel A. Alito, Jr. delivered the opinion of the Court in Woodford v. Ngo, No. 05-416. You can access the syllabus here; Justice Alito's opinion here; Justice Stephen G. Breyer's opinion concurring in the judgment here; Justice John Paul Stevens' dissenting opinion, in which Justices David H. Souter and Ruth Bader Ginsburg joined, here; and the oral argument transcript here. Additional background on the case is available at this link.

2. Justice Breyer delivered the opinion of the Court in Burlington Northern & Santa Fe Railway Co. v. White, No. 05-259. You can access the syllabus here; Justice Breyer's opinion here; Justice Alito's opinion concurring in the judgment here; and the oral argument transcript here. Additional background on the case is available at this link.

3. Justice Souter delivered the opinion of the Court in Fernandez-Vargas v. Gonzales, No. 04-1376. You can access the syllabus here; Justice Souter's opinion here; Justice Stevens' dissenting opinion here; and the oral argument transcript here. Additional background on the case is available at this link.

4. Justice Stevens delivered the opinion of the Court in Dixon v. United States, No. 05-7053. You can access the syllabus here; Justice Stevens' opinion here; Justice Anthony M. Kennedy's concurring opinion here; Justice Alito's concurring opinion, in which Justice Antonin Scalia joined, here; Justice Breyer's dissenting opinion, in which Justice Souter joined, here; and the oral argument transcript here. Additional background on the case is available at this link.

5. And The Court issued a per curiam decision in Laboratory Corp. of America Holdings v. Metabolite Laboratories, Inc., No. 04-607, dismissing the writ of certiorari as improvidently granted. Justice Breyer issued a dissenting opinion, in which Justices Stevens and Souter joined. You can access the oral argument transcript here. Additional background on the case is available at this link.

In early news coverage, The Associated Press provides reports headlined "Top Court Affirms Sex Discrimination Award"; "Top Court Sides With Gov't in Duress Case"; "Supreme Court Limits Lawsuits by Inmates"; and "Top Court Rules Against Illegal Immigrant."

And at "SCOTUSblog," Lyle Denniston has a post titled "Court eases retaliation proof requirement."
Posted at 10:00 AM by Howard Bashman



"Denver native Gorsuch sails through hearing for 10th Circuit": This article appears today in The Rocky Mountain News.
Posted at 09:10 AM by Howard Bashman


"Latest bid in battle for cross is rejected; 'The moment of truth is upon us,' Aguirre says": The San Diego Union-Tribune today contains an article that begins, "An appeals court decision yesterday narrowed the city of San Diego's options for keeping the Mount Soledad cross in place to a last, shot-in-the-dark chance before the U.S. Supreme Court."
Posted at 08:50 AM by Howard Bashman


"Turning to the right: Recent U.S. Supreme Court decisions are revealing the new conservative influence from the Chief Justice John Roberts and Associate Justice Samuel Alito." You can listen online, on-demand to this program (RealPlayer required) featuring Law Professor David Stras. It aired yesterday during the first hour of the Minnesota Public Radio program "Midmorning."
Posted at 08:45 AM by Howard Bashman


"Conn. challenges 'Choose Life' group": Yesterday's edition of The Journal News of Westchester, New York contained an article that begins, "A Yonkers pro-adoption group that is suing New York and New Jersey to get its 'Choose Life' license plates on the road now faces a new challenge in Connecticut."
Posted at 08:40 AM by Howard Bashman


"Active Liberty: A Progressive Alternative to Textualism and Originalism?" In the June 2006 issue of the Harvard Law Review, Tenth Circuit Judge Michael W. McConnell has this review of Justice Stephen G. Breyer's book, "Active Liberty: Interpreting Our Democratic Constitution."
Posted at 08:00 AM by Howard Bashman


"Illinois lawyer tied to indicted law firm; A Tribune investigation raises questions about fees paid to a Springfield attorney by a high-powered law firm; That firm was indicted last month in California on charges it lured clients with illegal kickbacks": The Chicago Tribune today contains a lengthy article that begins, "For the last three decades, whenever a major corporation has been accused of cheating its stockholders, the powerhouse New York law firm of Milberg Weiss hasn't been far behind with a class-action lawsuit."
Posted at 07:55 AM by Howard Bashman


"Police chief, detective testify at judge's trial; Sapulpa Police Chief Jim Wall and Capt. Mike Reed testified Tuesday they heard what they believed to be a penis pump while in Donald Thompson's Sapulpa courtroom in 2002": The Sapulpa (Okla.) Daily Herald today provides an article that begins, "Jurors received their first look Tuesday at one of the infamous penis pumps former judge Donald Thompson allegedly used while conducting court during 2002 and 2003."

And The Tulsa World today contains an article headlined "Jury in ex-judge's case sees photos" that begins, "Graphic photos and testimony marked the second day of trial for a former Creek County judge accused of masturbating while on the bench."
Posted at 07:30 AM by Howard Bashman



"Charla Mack's friend says she warned him, others": The Reno Gazette-Journal today contains an article that begins, "A Reno man who was dating Charla Mack before she was stabbed to death last week is keeping his blinds drawn and his doors locked, while Darren Mack, charged in her murder and a suspect in the shooting of a family court judge, remains a fugitive."
Posted at 07:27 AM by Howard Bashman


"Judge May Deny Bid to End NSA Suit; The federal government has claimed 'state secrets privilege' in seeking the dismissal of a rights group's domestic spying case against AT&T": The Los Angeles Times contains this article today.
Posted at 07:24 AM by Howard Bashman


"Close Guantanamo? Yes, but keep in mind: It's not the main problem." This editorial appears today in The Washington Post.
Posted at 07:18 AM by Howard Bashman


"Redistricting Ruling Imminent: Supreme Court's Decision Could Be Felt Far Beyond Texas." Jess Bravin and Ben Winograd have this article (free access) today in The Wall Street Journal.
Posted at 07:08 AM by Howard Bashman


"Executing the Mentally Ill and the Mentally Retarded: Three Key Recent Cases from Texas and Virginia Show How States Can Evade the Supreme Court's Death Penalty Rulings." Elaine Cassel has this essay online today at FindLaw.
Posted at 07:07 AM by Howard Bashman


"Feds urge judge: Force reporters to reveal source; Prosecutors seek leak identity -- Chronicle defends articles." Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "Federal prosecutors asked a judge on Wednesday to order two Chronicle reporters to identify who provided them transcripts of grand jury testimony about star athletes' use of performance-enhancing drugs, saying they have no legal right to withhold the information."

You can access a redacted version of the federal government's court filing at this link.
Posted at 07:05 AM by Howard Bashman



"DeWine seeking to resurrect beleaguered Boyle nomination": Today's edition of The Hill contains an article that begins, "Despite a likely fatal lack of support among the Republicans in the Gang of 14, conservative activists this week pushed hard to move the forlorn nomination of Judge Terrence Boyle to the 4th U.S. Circuit Court of Appeals."
Posted at 07:00 AM by Howard Bashman


"Ballot language returns to court": The Monterey County Herald today contains an article reporting that "The panel of 15 federal judges in San Francisco is scheduled [today] to rehear Padilla v. Lever, a case that concluded that provisions of the Voting Rights Act apply to recall petitions, which must be translated into the languages spoken in the area where they are circulated."

And the Monterey County Weekly has today posted online an article headlined "Padilla Reconsidered: Landmark case could change the shape of Monterey County--and California."

After the U.S. Court of Appeals for the Ninth Circuit posts online the audio of today's rehearing en banc oral argument, I will link to it.
Posted at 06:58 AM by Howard Bashman



Wednesday, June 21, 2006

"Court denies city's attempt to block Soledad cross ruling": The San Diego Union-Tribune provides a news update that begins, "A federal appeals court Wednesday denied the city of San Diego's request to block a judge's order to remove the Mount Soledad cross by Aug. 2 or face daily $5,000 fines."

And The Associated Press reports that "Judges Reject City's Appeal to Keep Cross."
Posted at 11:59 PM by Howard Bashman



"Judges troubled by Hawaiian school case; An appellate court hears arguments on Kamehameha's policy": David Kravets of The Associated Press provides this report.

And The Honolulu Advertiser reports today that "Judges wrestling with case."

Last night, in this post, I provided links to download the oral argument audio.
Posted at 11:58 PM by Howard Bashman



"Books on Wife-Training and Defrauding How-To's Doom Author's Bid to Avoid Jail; 2nd Circuit finds defendant's published works undermine his claim of good character": law.com provides this report. My earlier coverage appears at this link.
Posted at 11:45 PM by Howard Bashman


New York Yankees 5, Philadelphia Phillies 0: The many Yankees fans who spent this evening at Citizens Bank Park went home happy tonight, while the Phillies had neither a run nor a Supreme Court Justice to offer their fans. You can access the box score at this link, while wraps are available here and here.
Posted at 11:40 PM by Howard Bashman


"Because this state court habeas petitioner intended to kill his victim, he must be set free, the U.S. Court of Appeals for the Second Circuit ruled today in an opinion that you can access here." So I wrote in this post published November 15, 2005. Today, however, the original three-judge panel has decided instead to certify certain questions in the case to the New York State Court of Appeals, that State's highest court. Today's opinion setting forth the certified questions is at this link.

Simultaneously, five Second Circuit judges today have gone on record as dissenting from the denial of rehearing en banc as to the panel's original proposed disposition of the case. You can access their dissenting opinions, along with a per curiam opinion concurring in the denial of rehearing en banc, at this link.
Posted at 04:45 PM by Howard Bashman



Just underway before the Senate Judiciary Committee: The confirmation hearing for Tenth Circuit nominee Neil M. Gorsuch. Suffice it to say that controversial federal appellate court nominees don't have their confirmation hearings scheduled to begin at 4 p.m. As noted here at "Confirm Them," the ABA has given Gorsuch a "well qualified" rating.
Posted at 04:15 PM by Howard Bashman


"Eminent domain surges after ruling": This article appears today in The Washington Times.
Posted at 07:30 AM by Howard Bashman


"Brief says secrecy trumps any wiretap ruling; Government claims an award of damages to plaintiffs would undermine security": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "The Bush administration says its program of clandestine electronic surveillance, and AT&T's alleged participation in it, are secrets so important that a federal judge couldn't consider awarding damages even if he agreed with a lawsuit that accuses the company of breaking the law."
Posted at 07:27 AM by Howard Bashman


"Judge orders details on Padilla; Indictment of three on terror charges called 'light on facts'": Today's edition of The South Florida Sun-Sentinel contains an article that begins, "A federal judge ordered prosecutors Tuesday to provide more specific accusations against alleged al-Qaida operative Jose Padilla and two other men charged with supporting terrorism overseas."
Posted at 07:25 AM by Howard Bashman


"Justices' Rulings Called 'Murky' and 'Confusing'; The Supreme Court's decisions in cases involving wetlands and crime victims' words probably will be ironed out later, lawyers say": David G. Savage has this article today in The Los Angeles Times.
Posted at 07:15 AM by Howard Bashman


"Skilling seeks acquittal or retrial; Motion contends government failed to prove its case": This article appears today in The Houston Chronicle.
Posted at 07:12 AM by Howard Bashman


On the editorial page of today's edition of The Washington Post: That newspaper contains editorials entitled "Wanted: A System of Justice; If U.S. forces captured Osama Bin Laden tomorrow, how and where would he be tried?" and "Flag Burning Redux: If this is an election year, it must be time to amend the Constitution."
Posted at 07:10 AM by Howard Bashman


"Misdemeanor count severed from former judge's felony case; Jurors hear opening statements in Donald Thompson's indecent exposure trial": This article appears today in The Tulsa World. And yesterday, the newspaper reported that "Appeals court lets all charges against ex-judge stand."

The Sapulpa (Okla.) Daily Herald reports today that "Prosecutors ask count be severed from trial."

And The Oklahoman reports today that "Charge dropped against ex-judge."
Posted at 07:05 AM by Howard Bashman



"Memorial ceremony honors Charla Mack": The Reno Gazette-Journal today contains an article that begins, "Charla Mack, the 39-year-old mother stabbed to death last week just before the judge handling her divorce case was shot, was honored Tuesday by about 500 friends and family in a private memorial ceremony they called 'a celebration of Charla's life.'"
Posted at 06:58 AM by Howard Bashman


"A Place on the Bench Puts Pataki on the Spot": This article appears today in The New York Times.
Posted at 06:54 AM by Howard Bashman


"Court limits test used on released sex offenders; Judges say genital response measuring should be 'last resort'": Bob Egelko has this article today in The San Francisco Chronicle.

And The Los Angeles Times reports today that "U.S. Appeals Court Rejects Arousal Test for Sex Offender."

My earlier coverage appears at this link.
Posted at 06:44 AM by Howard Bashman



"Specter to the justices: I'm hungry, let's do lunch." Today's edition of The Hill contains an article that begins, "Sen. Arlen Specter (R-Pa.), chairman of the Senate Judiciary Committee, is hosting a series of one-on-one lunches with members of the Supreme Court."
Posted at 06:40 AM by Howard Bashman


"In the Wetlands Case, the Supreme Court Divides Over the Clean Water Act--and Seemingly Over How to Read Statutes as Well": Michael C. Dorf has this essay online at FindLaw today.
Posted at 06:35 AM by Howard Bashman


Tuesday, June 20, 2006

"U.S. judge says no to group's bid to join Soledad cross case": This article appears today in The San Diego Union-Tribune.
Posted at 11:14 PM by Howard Bashman


Access online the audio from today's Ninth Circuit rehearing en banc oral argument in Doe v. Kamehameha Schools: The audio file can be accessed here (Windows Media format; 9.82 MB audio file; right-click to download to your computer).

The Honolulu Advertiser provides a news update headlined "Kamehameha Schools case heard in San Francisco." And that newspaper has posted the rehearing oral argument audio in mp3 format (37.9 MB audio file).
Posted at 10:48 PM by Howard Bashman



"The Client Who Became a Suspect": This audio segment (RealPlayer required) featuring Dahlia Lithwick appeared on today's broadcast of NPR's "Day to Day."
Posted at 10:40 PM by Howard Bashman


"The issue presented in this appeal is whether Florida's manual recount procedures in those counties employing paperless touchscreen voting machines violate the rights of voters in those counties to equal protection and due process under the Fifth and Fourteenth Amendments to the United States Constitution." So begins an opinion that the U.S. Court of Appeals for the Eleventh Circuit issued today.
Posted at 10:25 PM by Howard Bashman


"We are required in this case to determine whether Congress has authority under its power '[t]o regulate Commerce ... among the Several states,' U.S. Const. art. I, § 8, cl. 3, to prohibit the intrastate possession by a felon of a bulletproof vest, in the absence of any commercial transaction or any evidence of a connection to commercial activity other than the fact that, before it was lawfully purchased by the defendant, the vest had been sold across a state line." So writes Circuit Judge Michael W. McConnell in an opinion issued today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Tenth Circuit. The opinion concludes Congress does have that authority under the Commerce Clause.
Posted at 10:05 PM by Howard Bashman


Seventh Circuit affirms grant of summary judgment holding manufacturer of football goalpost not liable to college student rendered paraplegic when, after joining crowd to tear down the goalpost, the post fell on the student's back: Today's opinion notes that "There are very few cases about goalposts being torn down [citations omitted], and none is informative here."

The opinion also notes that David Letterman's alma mater bears much blame for the accident: "As both parties agree, Ball State itself encouraged the crowd to pull down goalposts with a flashing sign on the scoreboard that read, 'The goalpost looks lonely.' Indeed, the school had earlier resolved that controlling the crowd might prove even more dangerous than letting it tear down the goalposts. (Ball State is not a party now because it settled for a paltry $300,000, a limit imposed by state tort reform in the 1970s.)"
Posted at 09:20 PM by Howard Bashman



Res ipsa non loquitur: Today a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit issued an opinion rejecting a plaintiff's claim of res ipsa loquitur under Indiana law.
Posted at 08:55 PM by Howard Bashman


Dead judges voting -- En banc Third Circuit vacates decision examining the so-called "ministerial exception" to Title VII and assigns case to reconstituted three-judge panel containing two randomly-assigned replacement judges: According to today's en banc order, the original majority now consists of a deceased judge (which was already the case when the opinion issued) and a judge as to whom "circumstances have arisen" requiring his recusal. As a result, the original three-judge panel's ruling has been vacated, and a new three-judge panel (retaining only the dissenting judge from the original panel) will rehear and determine the case.

My earlier posts about this case and the subject of dead judges voting can be accessed here, here, here, and here.
Posted at 08:40 PM by Howard Bashman



"Penile plethysmograph testing is a procedure that 'involves placing a pressure-sensitive device around a man's penis, presenting him with an array of sexually stimulating images, and determining his level of sexual attraction by measuring minute changes in his erectile responses.'" So begins an opinion that a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued today.

The majority opinion, written by Circuit Judge Marsha S. Berzon, does not hold that plethysmograph testing can never be used as a condition of supervised release for a criminal defendant convicted of possessing child pornography. By contrast, Senior Circuit Judge John T. Noonan, Jr., in a separate opinion, states that he would hold that the procedure is unlawful in all instances.
Posted at 08:10 PM by Howard Bashman



In news releases available online from the U.S. Court of Appeals for the Ninth Circuit: Yesterday the court issued news releases entitled "Senate Confirms Sandra S. Ikuta for Ninth Circuit Court of Appeals" and "Judicial Conference Focuses on Top Issues, Welcomes Justices."
Posted at 07:54 PM by Howard Bashman


"Home of Suspect in Judge Slaying Searched": The Associated Press provides a report that begins, "Police found bomb materials and ammunition in the bedroom of a man accused of killing his estranged wife and shooting a family court judge, according to court documents." Because the judge who was shot was neither killed nor, presumably, delighted or amused immensely, I must question The AP's use of "slaying" in its headline.
Posted at 07:45 PM by Howard Bashman


"Split Supreme Court Narrows Use of Wetlands Act": Jess Bravin and Ben Winograd have this article (pass-through link) today in The Wall Street Journal.
Posted at 07:40 PM by Howard Bashman


Programming note: My day job will have me off-line this afternoon. Additional posts will appear here this evening.
Posted at 11:28 AM by Howard Bashman


"School's policy rehearing today": The Honolulu Advertiser today contains an article that begins, "For at least an hour this morning, a federal appeals court panel of 15 judges is expected to grill lawyers on whether Kamehameha Schools' admission policy of giving preference to applicants with Hawaiian blood violates federal civil rights laws." After the U.S. Court of Appeals for the Ninth Circuit posts the audio file of the en banc reargument online, I will link to it.
Posted at 11:24 AM by Howard Bashman


"Courts & the Law: Supreme Confidence." Columnist Kenneth Jost has this essay in this week's issue of CQ Weekly.
Posted at 10:10 AM by Howard Bashman


On today's broadcast of NPR's "Morning Edition": The broadcast contained audio segments entitled "High Court Splits on Clean Water Act Case" (featuring Nina Totenberg) and "High Court Rules on 911 Calls as Evidence." RealPlayer is required to launch these audio segments.
Posted at 10:08 AM by Howard Bashman


"Mack's room held bomb parts": The Reno Gazette-Journal contains this article today.
Posted at 10:05 AM by Howard Bashman


"Court ruling knocks off a constitutional right; Fourth Amendment takes a whipping at the hands of Supreme Court": This editorial appears today in The Tennessean.

The St. Petersburg Times today contains an editorial entitled "Evidence of change: Last week's Supreme Court ruling hints at an assault on privacy rights."

The Times Union of Albany, New York contains an editorial entitled "Knocking rights: The U.S. Supreme Court gives police more leeway to enter and search a residence."

And today in The New York Times, columnist John Tierney has an op-ed entitled "The SWAT Syndrome" (TimesSelect subscription required).
Posted at 07:50 AM by Howard Bashman



"Justices Divided on Protections Over Wetlands": Linda Greenhouse has this article today in The New York Times. The newspaper also contains an editorial entitled "Clean Water at Risk."

In The Washington Post, Charles Lane reports today that "Justices Rein In Clean Water Act; Still-Divided Court Leaves Reach of The Law Unclear."

In The Los Angeles Times, David G. Savage reports that "Divided Supreme Court Upholds Federal Protections for Wetlands."

In The Boston Globe, Charlie Savage reports that "Clean Water Act ruling illustrates court's shift."

In The San Francisco Chronicle, Bob Egelko reports that "Justices wade into Clean Water Act; High court sets some limits on federal control of wetlands."

The Washington Times reports that "Court favors builders in wetlands dispute."

law.com's Tony Mauro reports that "Supreme Court Splits Sharply on Wetlands Protections; Over government objection, justices grant review in second case testing partial-birth abortion ban."

In The Houston Chronicle, Patty Reinert reports that "Court splintered on wetlands protection; Two Michigan cases sent back to lower jurisdictions."

The Detroit Free Press reports that "High court muddies wetlands rules; 2 Michigan developers get new chance."

The Detroit News contains an article headlined "Muddied waters: Split U.S. High Court kicks back fate of wetlands development to Mich." The newspaper also contains an editorial entitled "Supreme Court bungles Michigan wetlands cases; In split ruling, U.S. justices leave the law unclear."

The St. Petersburg Times reports that "Justices open wetlands wars; The high court splits three ways, leaving wetlands battles to be decided 'case by case.'"

The St. Louis Post-Dispatch reports that "Justices muddy wetlands issue with split ruling."

The Argus Leader of Sioux Falls, South Dakota reports that "Ruling not likely to harm S.D. wetlands; 'Swampbuster' law keeps prairie potholes safe."

And The Chicago Tribune contains an editorial entitled "Fens and federalism."
Posted at 07:25 AM by Howard Bashman



"911 Call Is Held as Evidence if Victim Cannot Testify": Linda Greenhouse has this article today in The New York Times.

Today in The Washington Post, Charles Lane reports that "Absent Accusers' 911 Calls Ruled Admissible."

In The Los Angeles Times, David G. Savage reports that "High Court Limits Domestic Abuse Crime Reports as Trial Testimony; Out-of-court statements can't be used to bring charges, justices say, but a call to 911 can."

In USA Today, Joan Biskupic reports that "Justices draw a line on what evidence is admissible."

The Seattle Times reports that "911 calls allowed in court, even if accuser won't testify, Supreme Court rules."

And The Seattle Post-Intelligencer reports that "911 calls backed as evidence; Tapes can provide help in domestic violence cases."
Posted at 07:18 AM by Howard Bashman



"Supreme Court Upholds Spot Searches of Parolees; Justices rule on California law that lets officers conduct searches without reasonable suspicion of a crime": This article appears today in The Los Angeles Times.

And today in The San Francisco Chronicle, Bob Egelko reports that "California parolee search law upheld."
Posted at 07:14 AM by Howard Bashman



"Shredding a constitutional protection that isn't even used; Exclusionary rules were the exception, not the rule; Now they're history": David Feige has this op-ed today in The Los Angeles Times.
Posted at 07:10 AM by Howard Bashman


"Driver's-test forger granted 2nd chance on 3-strikes sentence; California man got 26-to-life for aiding his illiterate cousin": Bob Egelko has this article today in The San Francisco Chronicle.
Posted at 07:08 AM by Howard Bashman


"Justices Agree to Expand Review of 2003 'Partial-Birth' Abortion Ban": Linda Greenhouse has this article today in The New York Times.

And The Washington Post reports today that "Court to Address Abortion Restrictions."
Posted at 07:05 AM by Howard Bashman



"S. Dakota abortion ban in voters' hands; OK is 'no slam dunk' after petition drive": This article appears today in The Chicago Tribune.

The Argus Leader of Sioux Falls, South Dakota reports today that "Petition a success, abortion on ballot; If ban passes, opponents will challenge it in court."

And The Rapid City Journal reports that "It's official: HB1215 on ballot."
Posted at 07:00 AM by Howard Bashman



"Full appeals court will hear S.J. refugee's asylum case": Howard Mintz has this article today in The San Jose Mercury News.
Posted at 06:55 AM by Howard Bashman


"The Chief Justice Sets A Standard": Columnist E.J. Dionne Jr. has this op-ed today in The Washington Post.
Posted at 06:50 AM by Howard Bashman


"Hawaiian School Admissions Questioned": The Associated Press provides a report that begins, "A wealthy private school created exclusively for its indigenous people is asking a federal appeals court to allow it to continue its race-based admissions policy. Fifteen judges on the 9th U.S. Circuit Court of Appeals were scheduled to hear arguments Tuesday in San Francisco about whether the Kamehameha Schools can continue to limit enrollment to Native Hawaiians."
Posted at 06:42 AM by Howard Bashman


"Justices fight back: U.S. Supreme Court jurists, expected to stay mum in public, have been piping up about a range of issues not on the docket; Despite tsk tsks from some corners, this is actually a good thing." Tony Mauro has this op-ed today in USA Today.
Posted at 06:40 AM by Howard Bashman


"A Supreme Court Majority Admits 911 Calls Into Evidence, But Justice Thomas Seeks More Protection for Domestic Violence Victims": Julie Hilden has this essay online today at FindLaw.
Posted at 06:35 AM by Howard Bashman


Monday, June 19, 2006

"In this mandamus action, Qwest Communications International, Inc. presents an issue of first impression in this circuit, namely, whether Qwest waived the attorney-client privilege and work-product doctrine, as to third-party civil litigants, by releasing privileged materials to federal agencies in the course of the agencies' investigation of Qwest." So begins an opinion that a unanimous three-judge panel of the U.S. Court of Appeals for the Tenth Circuit issued today. Today's ruling states: "On the record before us, we hold that the district court did not abuse its discretion in declining to apply selective waiver."
Posted at 09:15 PM by Howard Bashman


On this evening's broadcast of NPR's "All Things Considered": The broadcast contained segments entitled "Divided Supreme Court Rules on Wetlands Law" (featuring Nina Totenberg) and "High Court Approves of Using 911 Calls as Evidence." RealPlayer is required to launch these audio segments.
Posted at 08:54 PM by Howard Bashman


"Court Gives Philip Morris $2B of Bond": The Associated Press provides a report that begins, "The Illinois Supreme Court on Monday returned some of the massive appeal bond that Philip Morris USA posted in a lawsuit over the company's 'light' cigarettes."
Posted at 08:43 PM by Howard Bashman


"Supreme Court Justices Show Support for Wetlands Protection": David G. Savage of The Los Angeles Times provides this news update.

In Tuesday's edition of The Christian Science Monitor, Warren Richey will have an article headlined "Supreme Court splits over protecting wetlands; The Clean Water Act might not prevent building on them."

The St. Louis Post-Dispatch on Tuesday will report that "Justices split over wetlands protections."

Bill Mears of CNN.com reports that "High court splits over wetlands protection; Case reveals deep divisions among justices."

And Greg Stohr of Bloomberg News reports that "Clean Water Act Reach Limited."
Posted at 08:30 PM by Howard Bashman



"Justices accept another abortion case; Court expected to rule on pair of challenges in the fall": Bill Mears provides this report at CNN.com.
Posted at 08:22 PM by Howard Bashman


The U.S. Senate has confirmed Sandra Segal Ikuta to serve on the U.S. Court of Appeals for the Ninth Circuit by a vote of 81-0: I will link to the official roll call tally once it becomes available.

Update: The official roll call tally can be accessed here.
Posted at 05:59 PM by Howard Bashman



"Justice Alito's Pitching Arm?" The "Sports Law Blog" provides this post. My earlier coverage appears here and here.
Posted at 05:28 PM by Howard Bashman


"The Battle of Hudson Heights: A small case may portend big changes to the exclusionary rule." Law Professor Akhil Reed Amar has this jurisprudence essay online at Slate.
Posted at 05:20 PM by Howard Bashman


"We consider whether Los Angeles police officers violated an individual's constitutional rights by arresting him for his suspected role in the theft of Oscar statuettes to be presented by the Academy of Motion Picture Arts and Sciences on Academy Awards night in March 2000." So begins an opinion that a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 05:02 PM by Howard Bashman


"High Court Splits on Wetlands Protections; Justices Agree to Widen Review of Federal Partial-Birth Abortion Ban": law.com's Tony Mauro provides this news update.
Posted at 04:40 PM by Howard Bashman


"Hearing for Guantanamo Prisoner Delayed": The Associated Press provides this report.
Posted at 03:55 PM by Howard Bashman


The Reno Gazette-Journal launches the "Judge Shooting Blog": You can access the blog by clicking here.
Posted at 03:50 PM by Howard Bashman


"Supreme Court to Hear Abortion Case": This audio segment (RealPlayer required) featuring Dahlia Lithwick appeared on today's broadcast of NPR's "Day to Day."
Posted at 03:10 PM by Howard Bashman


The Associated Press is reporting: Now available online are articles headlined "Top Court Won't Hear Holocaust Claim Case" and "Supreme Court Rejects Glaxo Appeal."
Posted at 03:00 PM by Howard Bashman


Second Circuit rejects criminal defendant's argument that the federal district court, in sentencing the defendant, violated the defendant's First Amendment rights by weighing the defendant's published writings against the mitigating character evidence that defendant offered: You can access today's ruling at this link.
Posted at 02:55 PM by Howard Bashman


Follow-up on yesterday's post about Justice Samuel A. Alito, Jr.'s appearance at the Phillies-Devil Rays game to throw out the ceremonial first pitch: In addition to appearing on the field before yesterday's baseball game, Justice Alito also joined the television broadcasters for the Phillies in the booth for the top of the 5th inning. Scott Graham and Chris Wheeler spoke with Justice Alito about his stint as a second baseman at the Phillies Dream Week in the mid-1990s. Justice Alito also briefly spoke about the confirmation experience, Jim Bunning's perfect game on Father's Day in 1964, and his visit recently with U.S. Senator Jim Bunning (R-KY). During his time on the air, Justice Alito orally delivered the opinion that Citizens Bank Park is the nicest baseball stadium he has ever visited. In addition, Justice Alito took the opportunity to express his appreciation for second baseman Chase Utley's amazing scoop play to Jimmy Rollins, which occurred during Justice Alito's interview, thwarting the Devil Ray's pitcher's attempt at a sacrifice bunt. You can view the play (and, if you listen closely, hear Justice Alito's voice in the background) via this link from MLB.com.
Posted at 02:04 PM by Howard Bashman


"S.D. to Vote on Abortion Law in Nov." The Associated Press provides this report.
Posted at 11:00 AM by Howard Bashman


Today's U.S. Supreme Court Order List and opinions in argued cases: The Court issued three opinions in argued cases today.

1. The Court issued its ruling in Rapanos v. United States, No. 04-1034. You can access the syllabus for this splintered 5-4 ruling at this link. Justice Antonin Scalia announced the judgment of the Court and delivered an opinion in which the Chief Justice and Justices Clarence Thomas and Samuel A. Alito, Jr. joined. The Chief Justice also issued a concurring opinion. Justice Anthony M. Kennedy issued an opinion concurring in the judgment. Justice John Paul Stevens issued a dissenting opinion, in which Justices David H. Souter, Ruth Bader Ginsburg, and Stephen G. Breyer joined. And Justice Breyer also issued a separate dissenting opinion. You can access the oral argument transcript here. Additional background on the case is available at this link.

2. The Court issued its rulings in Davis v. Washington, No. 05-5224, consolidated with Hammon v. Indiana, No. 05-5705. You can access the syllabus here. Justice Scalia delivered the opinion of the Court, in which the Chief Justice and Justices Stevens, Kennedy, Souter, Ginsburg, Breyer, and Alito joined. Justice Thomas issued an opinion concurring in the judgment in part and dissenting in part. You can access the oral argument transcripts here and here. Additional background on these consolidated cases is available at this link.

3. The Court issued its ruling in Samson v. California, No. 04–9728, holding by a vote of 6-3 that the Fourth Amendment does not prohibit a police officer from conducting a suspicionless search of a parolee. Justice Thomas delivered the opinion of the Court, in which the Chief Justice and Justices Scalia, Kennedy, Ginsburg, and Alito joined. Justice Stevens issued a dissenting opinion, in which Justices Souter and Breyer joined. You can access the syllabus here; Justice Thomas's opinion here; Justice Stevens' dissenting opinion here; and the oral argument transcript here. Additional background on the case is available at this link.

The Court also issued a per curiam opinion in Youngblood v. West Virginia, No. 05-6997. You can access the per curiam opinion here; Justice Scalia's dissenting opinion, in which Justice Thomas joined, here; and Justice Kennedy's dissenting opinion here.

You can access today's Order List at this link. The Court today granted review in three cases and called for the views of the Solicitor General in an additional case.

One of the cases in which review was granted today is Gonzales v. Planned Parenthood Fed'n of Am., Inc., No. 05-1382, which presents the question "Whether, notwithstanding Congress's determination that a health exception was unnecessary to preserve the health of the mother, the Partial-Birth Abortion Ban Act of 2003 is invalid because it lacks a health exception or is otherwise unconstitutional on its face." You can access online both the federal government's cert. petition and its reply brief in support thereof. It is interesting to note that the federal government, even though it is the petitioner, in fact opposed as duplicative the granting of review in this case.

At "SCOTUSblog," Lyle Denniston has posts titled "Decisions: Clean Water Act reach limited" and "Orders: Court expands abortion review."

And in early news coverage, Gina Holland of The Associated Press reports that "Top Court Split Over Wetlands Protections" and "Top Court Won't Block Part of Drug Program." The AP also provides reports headlined "Top Court: Victims' Statements Admissible"; "Top Court Adds 2nd Abortion Case to Docket"; and "High Court Reaffirms Parolees' Searches."
Posted at 10:35 AM by Howard Bashman



On the agenda: At 10 a.m. eastern time today, the Supreme Court of the United States will issue additional opinions in argued cases and an Order List.

Shortly after 10 a.m., Lyle Denniston will begin providing real-time coverage at "SCOTUSblog" of today's developments from the Court. The Associated Press will also provide prompt news coverage here and here. The Legal Information Institute at Cornell Law School is typically the first place where you will find online the Supreme Court's newest opinions and Order List. At the Court's own site, you can currently access all of this Term's oral argument transcripts, and you will eventually be able to find the opinions and Order List issued today.

Also today, at 4 p.m. eastern time, the U.S. Senate will conduct one hour of debate on the nomination of Sandra Segal Ikuta to the U.S. Court of Appeals for the Ninth Circuit. An up-or-down vote on that nomination is then scheduled to occur at 5 p.m. eastern time today, and that nominee's confirmation by an overwhelming (perhaps unanimous) vote is expected to occur at that time.

Stay tuned throughout the day for continuing coverage, although my initial coverage of today's U.S. Supreme Court opinions and orders may be slightly delayed.
Posted at 09:45 AM by Howard Bashman



"Call a search a search": In today's issue of The National Law Journal, Law Professor Michael Goldsmith has an essay that begins, "We will never know whether the National Security Agency telephone data-retrieval program meets constitutional norms because the U.S. Supreme Court has defined the issue out of existence."
Posted at 09:23 AM by Howard Bashman


"Law firms learn how to compete; Rivalry forces attorneys to act like a business, seeking data on other firms and their clients": This article appears today in The Boston Globe.
Posted at 09:20 AM by Howard Bashman


"How Racial Preferences Backfire": Stuart Taylor Jr. has this essay in today's issue of National Journal.
Posted at 09:08 AM by Howard Bashman


"A warranted decision: Court gets the 4th Amendment right." This editorial appears today in The Manchester (N.H.) Union Leader.

The Las Vegas Review-Journal today contains an editorial entitled "Police no longer need to knock: Supreme Court majority flushes the Fourth Amendment."

The Baltimore Sun contains an editorial entitled "Failure to knock."

And The New York Sun contains an editorial entitled "Who's There?"
Posted at 07:00 AM by Howard Bashman



Available online from law.com: An article reports that "9th Circuit Rebukes Bankruptcy Court for Dismissing Sex Bias Claims."

In other news, "In Likely First, 2nd Circuit Overturns Departure From Sentencing Guidelines."

And the newest installment of my weekly "On Appeal" column is headlined "8th Circuit's Bush Appointees Confound the Prognosticators."
Posted at 06:55 AM by Howard Bashman



"Judges to Rule on Use of English-Only Initiative Petitions; Federal appeals court to decide if initiative forms must be translated for non-English speakers": The Los Angeles Times contains this article today.
Posted at 06:54 AM by Howard Bashman


"Wisconsin puts death to a vote; Referendum may help end 150-year ban on executions": This article appears today in The Chicago Tribune.
Posted at 06:50 AM by Howard Bashman


"A Death Sentence Courts Can't Seem to Live With": Today's edition of The Los Angeles Times contains an article that begins, "Ellen May was 9 years old when Johnny Paul Penry was sentenced to death for the rape and murder of her beloved aunt, Pamela Moseley Carpenter. With the punishment decided, May waited for the day that would be Penry's last. Twenty-six years later, she's still waiting."
Posted at 06:45 AM by Howard Bashman


"The Detention Dilemma: What is to be done with captured terrorists who are neither prisoners of war nor charged with a crime?" This editorial appears today in The Washington Post.
Posted at 06:40 AM by Howard Bashman


"Appeal Focuses on Protecting Ancient Sites": The Associated Press provides this report about the Ninth Circuit's theft of petroglyphs ruling from earlier this year. My previous coverage appears at this link.
Posted at 06:35 AM by Howard Bashman


"Why won't Chief Justice Roberts call us 'gays'?" Columnist Deb Price has this op-ed today in The Detroit News.
Posted at 06:28 AM by Howard Bashman


The Philadelphia Inquirer is reporting: Today's newspaper contains articles headlined "Specter: A wedge for Republicans" and "Legal fees in pay-raise suits pile up; Outside firms are charging to defend top officials; So far the tally has topped $1 million."
Posted at 06:24 AM by Howard Bashman


"Blawg Review #62": Available here, at "New World Man."
Posted at 06:15 AM by Howard Bashman


Sunday, June 18, 2006

"Clarity for Combatants? Awaiting the Supreme Court's decision on a Guantanamo detainee." This article will appear in the June 26, 2006 issue of U.S. News & World Report.
Posted at 10:55 PM by Howard Bashman


The Reno Gazette-Journal is reporting: Today's newspaper contains articles headlined "Mack defies usual profile of suspect in a murder, former FBI expert says"; "Father's Day fugitive"; "Suspect's mother describes relatives in shock, disbelief"; and "Darren Mack's mother: 'I've been in shock.'"
Posted at 10:50 PM by Howard Bashman


"Unflattering series on judges unlikely to alter system, but could change players": Columnist John L. Smith has this op-ed today in The Las Vegas Review-Journal.
Posted at 10:45 PM by Howard Bashman


"Scalia's constitution": The Boston Globe today contains this editorial.
Posted at 10:33 PM by Howard Bashman


"Police See No Change in Policy on Searches": This audio segment (RealPlayer required) featuring Nina Totenberg appeared on yesterday's broadcast of NPR's "All Things Considered."
Posted at 10:30 PM by Howard Bashman


Philadelphia Phillies 8, Tampa Bay Devil Rays 5: I had the pleasure of attending today's Phillies game in the presence of two Sams. As usual, my son and I were there as part of our Sunday season ticket package. Also in attendance was the person who is likely the highest-ranking Phillies fan in the federal government, U.S. Supreme Court Justice Samuel A. Alito, Jr.

Justice Alito was present to throw out the ceremonial first pitch, along with two other people who don't serve on the highest court in the land. Of course, the only one of those three ceremonial first pitchers whom the umpires were interested in being photographed with after they took the field was Justice Alito. You can view photographs of Justice Alito at today's Phillies game here, here, and here. Major League Baseball provides additional coverage in an article headlined "Alito lives out a lifelong 'dream'; Supreme Court Associate Justice throws out first pitch." I guess this proves that work as a Justice on the U.S. Supreme Court need not be all-encompassing even in late June of your first Term.

The Phillies, meanwhile, undoubtedly will wish to invite Justice Alito back to throw out many more ceremonial first pitches, as today the team snapped a six-game losing streak thanks to a Ryan Howard home run, his twenty-third of the season. You can access the box score at this link and wraps here and here. I hope that Justice Alito (unlike my son and I) at least was able to view the game live from somewhere in Citizens Bank Park that offers air conditioning, as the outside temperature officially made it up to 91 degrees in this afternoon's bright sunlight.

My son and I will be back at Citizens Bank Park this Wednesday night to see the Phillies take on the Yankees, after an appellate brief I have due that day is dispatched for filing.
Posted at 09:15 PM by Howard Bashman



"Chief justice doesn't just get mad, he sues": Today's issue of The Chicago Tribune contains an article that begins, "A politician might have written a righteous letter to the editor. A different judge may have ignored the matter altogether. But when Illinois Supreme Court Justice Bob Thomas objected to a series of critical newspaper columns, the pugnacious jurist and former Chicago Bear sued the people who published them."
Posted at 08:25 AM by Howard Bashman


"Knock, Knock: The Supreme Court finds a disturbing way to issue a reasonable opinion." This editorial appears today in The Washington Post.

And The Chicago Tribune today contains an editorial entitled "Excusing an illegal search."
Posted at 08:14 AM by Howard Bashman



"Fighting to Remain Engulfed in Junk; As Task Forces Move In, Hoarders Strike Back in Court": The Washington Post contains this front page article today.
Posted at 08:10 AM by Howard Bashman


"Insanity defense is rarely deployed, fails in most cases; Esteban Carpio's plea in the murder of a Providence police detective is made in fewer than 1 percent of U.S. criminal cases and succeeds in only 25 percent of them": This article appears today in The Providence Journal.
Posted at 08:00 AM by Howard Bashman


"Detainees not given access to witnesses; But in one case, 3 quickly found": The Boston Globe today contains an article that begins, "The US government routinely failed to give detainees at Guantanamo Bay access to witnesses who might have helped them prove their assertions of innocence, saying it could not locate the vast majority of the witnesses the terror suspects requested at special military hearings."

The Week in Review section of today's edition of The New York Times contains an article headlined "Seeking an Exit Strategy for Guantanamo."

The Washington Post contains an editorial entitled "Imprisoned in Chaos: The Bush administration has wrecked the system for capturing and holding foreign enemies; How to fix it?"

And in The Los Angeles Times, Carol J. Williams has an op-ed entitled "Kicked out of Gitmo: A Times reporter's struggle to get the truth about America's island prison just got tougher."
Posted at 07:54 AM by Howard Bashman



Saturday, June 17, 2006

"Sentencing for Lay, Skilling pushed back; Defense wins its wish for six additional weeks": This article appears today in The Houston Chronicle.

And The Associated Press reports that "Skilling Says He Contemplated Suicide."
Posted at 02:34 PM by Howard Bashman



The Baltimore Sun is reporting: Today's newspaper contains articles headlined "Attacks may be tied to snipers; Malvo told police that he and Muhammad shot 4 others, Post reports" and "Judge criticizes prison term; Ex-city officer sentenced to mandatory 315 years for gun crimes, robbing drug dealers."
Posted at 11:15 AM by Howard Bashman


In news from Vermont: The Rutland Herald today contains an article headlined "Fell says he is 'truly sorry' for killing of Tressa King" that begins, "Federal Judge William Sessions handed down the first death sentence in Vermont in nearly 50 years, ordering Friday that Donald Fell be executed in Terre Haute, Ind., for the slaying of a North Clarendon woman more than five years ago."

And the newspaper also reports today that "Jurors speak out for first time on death sentence case."
Posted at 11:12 AM by Howard Bashman



"Malvo's Admission Provides Answers; Victims, Families Find Comfort In Knowledge": The Washington Post contains this article today.

And The Los Angeles Times reports today that "Sniper Admits to Killing Man in L.A. Months Before D.C. Shooting Rampage; Lee Boyd Malvo tells of a shooting months before the East Coast killing rampage, a newspaper reports; Police review old cases seeking a link."
Posted at 11:10 AM by Howard Bashman



"Porn Plea Means Ex-O.C. Judge Won't Get State Work; Ronald C. Kline, whose home computer had images of child sex, gets a judicial panel's most serious penalty": This article appeared yesterday in The Los Angeles Times.
Posted at 11:00 AM by Howard Bashman


"U.S. court upholds city liability rules on parades, protests": Bob Egelko has this article today in The San Francisco Chronicle. My earlier coverage appears at this link.
Posted at 09:40 AM by Howard Bashman


"Ruling: Indecent exposure case; Attorneys for former District Judge Donald Thompson are seeking to have indecent exposure charges tried separately from a misdemeanor." This article appears today in The Tulsa World.

The Oklahoman reports today that "Judge ruled OK to preside at trial."

And The Sapulpa (Okla.) Daily Herald reports that "Motion to remove Thompson trial judge denied."
Posted at 09:35 AM by Howard Bashman



"Small World: Another side to the Reno sniper case." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 09:30 AM by Howard Bashman


"Judges call for more security after courthouse shooting": This article appears today in The Reno Gazette-Journal, along with an article headlined "Daughter to stay with Mack family."
Posted at 09:28 AM by Howard Bashman


Friday, June 16, 2006

"The Life of an 'American Taliban' in a U.S. Jail": This audio segment (RealPlayer required) appeared on this evening's broadcast of NPR's "All Things Considered." The segment consists of an interview with the author of an article headlined "Innocent," focusing on John Walker Lindh, contained in the July 2006 issue of Esquire magazine.
Posted at 09:32 PM by Howard Bashman


"Legal gap may let girls wed at age 12; 'Horrified' lawmakers vow changes after a judge rules on common-law marriage in Colorado": This article appears today in The Denver Post.

And The Rocky Mountain News reports today that "Marriage ruling a 'real shocker.'"

My earlier coverage appears at this link.
Posted at 09:23 PM by Howard Bashman



"Lesbian loses in custody case; Couple split after both had cared for child": The Louisville Courier-Journal today contains this article reporting on a ruling that the Supreme Court of Kentucky issued yesterday.
Posted at 09:10 PM by Howard Bashman


Sioux or be Siouxd: The Washington Post reports today that "N. Dakota to Sue NCAA Over Nickname."

The Grand Forks Herald today contains an article headlined "UND v. NCAA: State Board says no public funds can be used to pay for lawsuit."

And The Forum of Fargo, North Dakota reports today that "Board OKs lawsuit."

My earlier coverage appeared yesterday in a post titled "Fighting Sioux to sue in fight against NCAA to continue using that nickname."
Posted at 05:28 PM by Howard Bashman



"Judge to stay on bench in Thompson indecent exposure case": The Tulsa World today contains a news update that begins, "District Judge Charles Allen McCall can continue to hear a misdemeanor computer charge against former District Judge Donald Thompson, who also stands accused of indecent exposure. District Judge Jan Dreiling refused to remove McCall from the case after a special hearing on the issue which has derailed the trial of Thompson, who is accused of masturbating and using a penis pump on himself in his courtroom during trials."

The Sapulpa (Okla.) Daily Herald today contains an article headlined "Trial on hold for constitutional check" that begins, "The Oklahoma Court of Criminal Appeals expects to announce by noon Monday its decision on whether the law of misuse of a state computer is constitutional. The decision is paramount if the trial of former judge Donald D. Thompson is to continue next week."

And The Oklahoman today contains an article headlined "Statements in former judge's trial on hold; Defense attorneys have filed appeals."
Posted at 04:35 PM by Howard Bashman



"Court pick says anti-bias action doesn't work": Yesterday's edition of The Oklahoman contained an article that begins, "Oklahoma City attorney Jerome Holmes, who may become the first black judge on the U.S. Court of Appeals for the 10th Circuit, has been an outspoken critic of affirmative action programs and black American leaders such as the Rev. Jesse Jackson."
Posted at 04:30 PM by Howard Bashman


"Vt. Has 1st Death Sentence in 50 Years": The Associated Press provides this report.
Posted at 03:30 PM by Howard Bashman


"This appeal raises a narrow and highly specific question--whether an options exchange, by creating, listing, and facilitating the trading of options on shares in an exchange traded fund ('ETF') designed to track a proprietary market index, misappropriates intellectual-property rights of the creator of the index." So begins an opinion that a unanimous three-judge panel of the U.S. Court of Appeals for the Second Circuit issued today. The very next sentence of the opinion states, "The district court found no such infringement, and we agree."
Posted at 03:28 PM by Howard Bashman


"We consider the facial constitutionality of ordinances enacted by the City of Santa Monica to regulate activity in its outdoor public spaces." So begins the lead opinion among three separate opinions that a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 12:50 PM by Howard Bashman


In today's mail: An advance reader's edition of the novel "The Interpretation of Murder," by Yale Law Professor Jed Rubenfeld. The book even has its own snazzy web site.
Posted at 11:54 AM by Howard Bashman


"According to Mr. LeMay, the Postal Service contracts with its patrons to provide preferred handling and expedited treatment of Priority Mail, but fails to do so." Today a unanimous three-judge panel of the U.S. Court of Appeals for the Eighth Circuit affirms the dismissal for lack of jurisdiction of Lance LeMay's putative class action against the U.S. Postal Service for breach of a federal common law contract. You can access today's ruling at this link.
Posted at 11:50 AM by Howard Bashman


"High Court Allows Use of Evidence Taken in Violation of Knock Rule": Jess Bravin and Ben Winograd have this article (pass-through link) today in The Wall Street Journal.
Posted at 11:38 AM by Howard Bashman


"Senate approves Reid bill to increase court security in wake of shooting": This article appears today in The Reno Gazette-Journal, along with articles headlined "FBI gets fugitive warrant for Mack, joins search" and "Charla Mack foresaw violent acts."
Posted at 10:14 AM by Howard Bashman


"Ruling on Police Searches Divides Justices": This audio segment (RealPlayer required) featuring Nina Totenberg appeared on today's broadcast of NPR's "Morning Edition."
Posted at 10:04 AM by Howard Bashman


"Appeals court nominee answers questions on affirmative action": The Tulsa World today contains an article that begins, "Appeals court nominee Jerome Holmes vowed Thursday to follow the law if confirmed as questions arose concerning what some see as the Oklahoman's hostility to affirmative action and other anti-discrimination laws."
Posted at 08:54 AM by Howard Bashman


"Supreme Court Weakens Police 'Knock and Announce' Rule": David G. Savage has this article today in The Los Angeles Times. And the newspaper also contains an editorial entitled "Court to cops: knock the door down; Supes irresponsibly remove penalties for police who don't ring the doorbell."

In today's edition of USA Today, Joan Biskupic reports that "Justices allow no-knock searches; 5-4 decision backing police is major shift."

The Detroit Free Press reports that "Cops don't have to knock; Supreme Court reverses precedent."

The Detroit News reports that "High court alters rules on evidence; Following Detroit drug raid, cops allowed to present items at trial, even if they don't knock."

In The San Francisco Chronicle, Bob Egelko reports that "Police intrusion for evidence allowed; Knock, announce not always needed, high court rules."

The Washington Times reports that "Evidence allowed in no-knock raid."

And The New York Times contains an editorial entitled "The Don't-Bother-to-Knock Rule."
Posted at 07:30 AM by Howard Bashman



The Los Angeles Times is reporting: Today's newspaper contains articles headlined "Milberg Case a Hot Potato for Judges; The jurists disqualify themselves, in a sign of the indicted law firm's extensive involvement with the legal system" and "Janavs' Courtroom Blends High Drama, the Mundane; The L.A. County judge, who lost to a bagel store owner in the June 6 primary and was reinstated by Schwarzenegger, is unfazed by the whirlwind of her job."
Posted at 07:15 AM by Howard Bashman


"After the Enron Trial, Defense Firm Is Stuck With the Tab": The Washington Post today contains an article that begins, "To the list of employees, investors and businesses who suffered financial misfortune in Enron Corp.'s demise, add this one: the law firm defending former chief executive Jeffrey K. Skilling."
Posted at 07:05 AM by Howard Bashman


"Malvo Claims 4 Other Shootings, Source Says; List of Snipers' Confirmed and Suspected Attacks Across U.S. Grows to 27 -- 17 Fatal": This front page article appears today in The Washington Post.
Posted at 06:57 AM by Howard Bashman


"The End of Innocence": Today in The New York Times, Law Professor David R. Dow has an op-ed that begins, "Earlier this week, the Supreme Court decided, in a 5-to-3 opinion, that a Tennessee prison inmate named Paul G. House was entitled to prove he did not commit the crime for which he was sent to death row."
Posted at 06:55 AM by Howard Bashman


"Law Firms, Unflattered, Turn on Soundalikes": The New York Times contains this article today.
Posted at 06:50 AM by Howard Bashman


"Flats jurors may get to go public; Ruling revives hopes that story can be told": This article appears today in The Rocky Mountain News.

And The Denver Post reports today that "Court says part of Flats probe can be released."

My earlier coverage appears at this link.
Posted at 06:44 AM by Howard Bashman



Thursday, June 15, 2006

"Supreme Court honors Rehnquist; Late chief justice remembered as brilliant and kindhearted": CNN.com provides this report.
Posted at 11:00 PM by Howard Bashman


Tony Mauro is reporting: Now available online from law.com are articles headlined "Is Bush Signaling an About-Face on Detainees? Some say the president may be backpedaling on the Guantanamo detainee issue in preparation for a high court defeat" and "High Court Eases 'Knock and Announce' Rule for Police; Ruling shows impact of Alito vote, may herald end of recent Court unanimity."
Posted at 10:54 PM by Howard Bashman


"Court Limits Protection Against Improper Entry": Linda Greenhouse will have this article Friday in The New York Times.

And in Friday's edition of The Washington Post, Charles Lane will report that "Court Eases 'No Knock' Search Ban; Illegally Collected Evidence Allowed."
Posted at 10:28 PM by Howard Bashman



"In August 1996, exactly seven years after the grand jury was first impaneled to consider evidence seized in the 1989 FBI raid of Rocky Flats, twenty of those jurors filed suit, asking that they at last be allowed to tell their story--if not to the world, then at least to a judge." So reported Denver's Westword newspaper, in this article published on October 15, 1998.

Today, a unanimous three-judge panel of the U.S. Court of Appeals for the Tenth Circuit issued an opinion reviving the court action and directing the federal district court to consider the matter on its merits.

Additional background about the case can be found in a Westword article headlined "The Other Jury"; in a Denver Post article headlined "Rocky Flats Grand Jury Sues to Tell All"; in an Associated Press article headlined "Book accuses Justice Dept. of nuclear plant coverup; Health officials say claims under review"; and in a Wired News article headlined "Site Publishes, Pulls Disputed Jury Report."

Representing the grand jurors in the Tenth Circuit appeal decided today was Law Professor Jonathan Turley. He was assisted by the law firm that loves you, Bushell & Peck.
Posted at 09:15 PM by Howard Bashman



"Court Rules Warrant Is Enough": David G. Savage of The Los Angeles Times provides this news update.

Stephen Henderson of Knight Ridder Newspapers reports that "Supreme Court backs wide police search powers."

In Friday's edition of The Christian Science Monitor, Warren Richey will report that "Supreme Court gives police more power; The 5-to-4 ruling allows police to use evidence from a search where they didn't first announce their presence."

And on this evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment entitled "Alito, Roberts Sway Court on Police Searches" (RealPlayer required).
Posted at 09:00 PM by Howard Bashman



"Lawyers, Justices Honor Rehnquist in D.C." The Associated Press provides this report.
Posted at 05:22 PM by Howard Bashman


Fourth Circuit rejects attorney's constitutional challenge to the requirements for waiving into the State Bar of North Carolina: At issue was the constitutionality of North Carolina's requirement that the attorney have practiced law for four of the six years preceding his application for admission in a State that allows North Carolina-licensed attorneys to waive into its bar. According to today's opinion, Fourth Circuit nominee Terrence W. Boyle had declared that limitation an unconstitutional infringement on the right to travel. The Fourth Circuit today reversed in a decision that you can access here.
Posted at 05:00 PM by Howard Bashman


"Girls Can Marry at 15, Colo. Court Finds": The Associated Press provides this report on a ruling that the Colorado Court of Appeals issued today.
Posted at 04:40 PM by Howard Bashman


"High Court Eases No-Knock Rule": law.com's Tony Mauro provides this news update.
Posted at 03:55 PM by Howard Bashman


"Legislature To Hear Justices On Scandal; Committee To Focus On Sullivan, Zarella": Today in The Hartford Courant, Lynne Tuohy has an article that begins, "The legislature's judiciary committee will question at least three state Supreme Court justices June 27 about former Chief Justice William Sullivan's withholding release of a controversial ruling to benefit a colleague's chances of succeeding him."
Posted at 03:50 PM by Howard Bashman


U.S. Supreme Court's decision prohibiting the execution of killers who were not at least 18 years old at the time of their crime applies to the killer's actual age, and not the killer's "mental age": The Supreme Court of Kentucky issued this decision today. In early news coverage, The Associated Press reports that "Ky. Court Rules Inmate Can Be Executed."
Posted at 03:40 PM by Howard Bashman


Fighting Sioux to sue in fight against NCAA to continue using that nickname: The Associated Press reports that "N.D. to Sue NCAA Over Fighting Sioux Name."
Posted at 03:22 PM by Howard Bashman


"'Functionality' of Hooters Girls at Issue in IP Appeal": This article (free access) appeared in the December 29, 2005 issue of the Fulton County Daily Report. Today, the U.S. Court of Appeals for the Eleventh Circuit issued this decision in that case.

The trial court's ruling in the case can be accessed here. And my earlier coverage of this matter can be accessed here, here, here, here, and here.
Posted at 03:20 PM by Howard Bashman



"Search renews for G.P. lawyer; Divers scour Lake Huron for body of man who's been missing since boating trip with girlfriend last summer": The Detroit News contains this article today.
Posted at 03:10 PM by Howard Bashman


"Divided High Court Strengthens Police Searches": This audio segment (RealPlayer required) featuring Dahlia Lithwick appeared on today's broadcast of NPR's "Day to Day."
Posted at 03:00 PM by Howard Bashman


Third Circuit rejects a federal criminal defendant's argument that the "entire Sentencing Guidelines system is unconstitutional because the Feeney Amendment allows the President to appoint to the Sentencing Commission only members of the Executive Branch": You can access today's ruling of the U.S. Court of Appeals for the Third Circuit at this link. According to today's opinion, the defendant's "argument that the Feeney Amendment unconstitutionally allows the President to control sentencing might have been persuasive while the Guidelines were still mandatory, [but] it is misplaced under the now-advisory system."
Posted at 02:54 PM by Howard Bashman


"Defense appeals delay former judge's trial": The Oklahoman today contains an article that begins, "Opening statements have been delayed in the trial of former Judge Donald Thompson while the court waits for decisions on two defense appeals." According to the article, "Both appeals involve the accusation Thompson, 59, misused his office computer. Prosecutors allege Thompson stored pornographic images of himself engaged in sexual acts. The defense wants the computer charge tried separately from four charges of indecent exposure. Those charges accuse Thompson of using a penis pump and shaving his scrotum during trials in 2002 and 2003. If convicted, he could spend 40 years in prison. "

The Sapulpa (Okla.) Daily Herald reports today that "Thompson trial remains on hold."

And The Tulsa World contains an article headlined "Charge: Indecent Exposure: Ex-judge's trial on hold until Monday; Appeals postpone the trial of former District Judge Donald Thompson."
Posted at 02:45 PM by Howard Bashman



"Police don't have to knock, justices say; Alito's vote breaks 4-4 tie in police search case": CNN.com provides this report.
Posted at 01:50 PM by Howard Bashman


At 2 p.m. eastern time today, the Senate Judiciary Committee will hold a confirmation hearing for Tenth Circuit nominee Jerome A. Holmes: The nominee's resume can be accessed here, while the nominee's law firm bio is here. The agenda for today's confirmation hearing can be viewed at this link.

As I noted here, this Tenth Circuit nomination occurred just last month. In an interesting development, the nominee's ABA rating has improved as a result of a change in his nomination from a district court judgeship to an appellate court judgeship.
Posted at 11:45 AM by Howard Bashman



"Scalia Sparks Debate Over Role of Judges Both On Bench and Off": Greg Stohr of Bloomberg News provides this report.
Posted at 11:15 AM by Howard Bashman


"Stop the nomination games: It's time to pass Specter's reforms to the irresponsible handling of judicial nominations." Jeffrey Lord has this op-ed today in The Philadelphia Inquirer.
Posted at 10:55 AM by Howard Bashman


"California focus of search for suspect in judge's shooting": This article appears today in The Las Vegas Review-Journal.

The San Francisco Chronicle reports today that "Reno man called kin after judge was shot; He's wanted in wife's slaying, sought for questioning on jurist."

And The Reno Gazette-Journal contains articles headlined "Manhunt continues for shooter"; "Reid, jurists call for more security funds in wake of sniper shooting of Weller"; "Judge told officials Mack had harassed him in past"; "Internet sites paint rosy picture"; "Cousin says Mack called him after judge was shot"; "Employees struggle to return to normalcy"; "Family of 1960 shooting victim relives pain"; and "Friends loved Charla Mack."
Posted at 10:44 AM by Howard Bashman



In news from Chicago: The Associated Press reports that "Mom, Dad in Court Over Son's Circumcision."

The Chicago Tribune provides coverage today in an article headlined "Expert says circumcision is low risk."

And The Chicago Sun-Times today contains an article headlined "Mom: Dad showed son photos of circumcision."
Posted at 10:14 AM by Howard Bashman



Today's U.S. Supreme Court opinions in argued cases: The Court today issued four opinions in argued cases.

1. The Court announced a 5-4 ruling today in Hudson v. Michigan, No. 04-1360, a case that was argued before Justice Samuel A. Alito, Jr. reached the Court and then reargued thereafter. Justice Antonin Scalia delivered the opinion of the Court with respect to Parts I, II, and III of his opinion, in which the Chief Justice and Justices Anthony M. Kennedy, Clarence Thomas, and Samuel A. Alito, Jr. joined, and an opinion with respect to Part IV, in which Justice Kennedy did not join. Justice Kennedy delivered an opinion concurring in part and concurring in the judgment. Justice Stephen G. Breyer delivered a dissenting opinion, in which Justices John Paul Stevens, David H. Souter, and Ruth Bader Ginsburg joined. You can access the syllabus here; Justice Scalia's opinion here; Justice Kennedy's concurring opinion here; Justice Breyer's dissenting opinion here; and the oral argument transcripts here and here. Additional background on the case is available at this link.

2. The Court announced a nearly unanimous ruling in Kircher v. Putnam Funds Trust, No. 05-409. Justice Souter delivered the opinion of the Court, in which all other Justices joined in full, except for Justice Scalia, who joined the opinion only in part. You can access the syllabus here; Justice Souter's opinion here; Justice Scalia's opinion concurring in part and concurring in the judgment here; and the oral argument transcript here. Additional background on the case is available at this link.

3. The Court announced a 5-4 ruling in Empire HealthChoice Assurance, Inc. v. McVeigh, No. 05-200. Justice Ginsburg delivered the opinion of the Court, in which the Chief Justice and Justices Stevens, Scalia, and Thomas joined. Justice Breyer issued a dissenting opinion, in which Justices Kennedy, Souter, and Alito joined. You can access the syllabus here; Justice Ginsburg's opinion here; Justice Breyer's dissenting opinion here; and the oral argument transcript here. Additional background on the case is available at this link.

4. And the Court announced a 6-3 ruling in Howard Delivery Service, Inc. v. Zurich American Ins. Co., No. 05-128. Justice Ginsburg delivered the opinion of the Court, in which the Chief Justice and Justices Stevens, Scalia, Thomas, and Breyer joined. Justice Kennedy issued a dissenting opinion, in which Justices Souter and Alito joined. You can access the syllabus here; Justice Ginsburg's opinion here; Justice Kennedy's dissenting opinion here; and the oral argument transcript here. Additional background on the case is available at this link.

In early news coverage, Gina Holland of The Associated Press reports that "High Court Backs Police No-Knock Searches."

At "SCOTUSblog," Lyle Denniston has a post titled "Decisions: No bar on evidence in police entry case."
Posted at 10:04 AM by Howard Bashman



Can you DIG it, baby? Online at SSRN, Law Professors Michael E. Solimine and Rafael Gely have an article titled "The Supreme Court and the DIG: An Empirical and Institutional Analysis" (abstract with links for download). The article appears in the Wisconsin Law Review.
Posted at 09:58 AM by Howard Bashman


"Defense Seeks to Move Gitmo Trials to U.S." The Associated Press provides this report.
Posted at 09:54 AM by Howard Bashman


"Bush offers no timeline for closing Gitmo prison; Justices must rule on how detainees will be tried, president says": This article appears today in USA Today.

The Washington Post reports today that "Military Officials Cancel Guantanamo Visits by Lawyers and Journalists."

The Los Angeles Times reports that "Journalists Forced Off Guantanamo; The four were covering the suicides at the island prison; The Pentagon, citing other requests for access, says it's only fair."

The Miami Herald reports that "Camp ejection spurs complaints; Three reporters who have been at Guantanamo since just after the suicides of three detainees were ordered by the Pentagon to leave, prompting complaints." The newspaper also contains an editorial entitled "U.S. rule of law: Provide real judicial review for Guantanamo captives."

And The New York Times contains an article headlined "Jihadist or Victim: Ex-Detainee Makes a Case."
Posted at 07:28 AM by Howard Bashman



"State high court to hear lesbian's case; Doctors denied her infertility treatment on religious grounds": Bob Egelko has this article today in The San Francisco Chronicle.

The Los Angeles Times reports today that "Court to Consider Oceanside Lesbian's Rights vs. Fertility Doctors' Religious Freedom."

And David Kravets of The Associated Press reports that "Justices delve into doctors' religious dilemma."
Posted at 07:20 AM by Howard Bashman



"Reporters and Sources: Congress considers a federal shield law." The Washington Post contains this editorial today.
Posted at 07:08 AM by Howard Bashman


"Judge Rules That U.S. Has Broad Powers to Detain Noncitizens Indefinitely": This article appears today in The New York Times.

You can access yesterday's ruling of the U.S. District Court for the Eastern District of New York at this link.
Posted at 07:04 AM by Howard Bashman



"My bill would light the way: FISA court should decide whether president has power on surveillance." U.S. Senator Arlen Specter (R-PA) has this op-ed today in USA Today.

And The New York Times today contains an editorial entitled "A Leap of Faith, Off a Cliff" that begins, "On Monday, the Bush administration told a judge in Detroit that the president's warrantless domestic spying is legal and constitutional, but refused to say why. The judge should just take his word for it, the lawyer said, because merely talking about it would endanger America. Today, Senator Arlen Specter wants his Judiciary Committee to take an even more outlandish leap of faith for an administration that has shown it does not deserve it."
Posted at 06:54 AM by Howard Bashman



"Lawyer's Name Not Entitled to Trademark Protection": law.com's Shannon P. Duffy provides this report on a ruling that the U.S. District Court for the Eastern District of Pennsylvania issued last Friday.
Posted at 06:48 AM by Howard Bashman


"Judge Is Removed For Helping Felon Escape Police": This article appeared yesterday in The New York Sun.

And The New York Law Journal reports that "N.Y. Judge Who Helped Robbery Suspect Evade Arrest Is Removed; Dissent, amici object to harshest penalty for single act of misconduct."

You can access Tuesday's ruling of the New York State Court of Appeals at this link.
Posted at 06:45 AM by Howard Bashman



"Government Dines on Katrina Leftovers: Eminent domain becomes a potent threat." Emily Chamlee-Wright and Daniel Rothschild have this op-ed (free access) today in The Wall Street Journal.
Posted at 06:40 AM by Howard Bashman


Wednesday, June 14, 2006

Newdow plus two: Two years ago today, the Supreme Court of the United States issued its ruling in Elk Grove Unified School District v. Newdow.

Round two of that case is now pending on appeal before the U.S. Court of Appeals for the Ninth Circuit, as I noted in this recent post and in this week's installment of my "On Appeal" column for law.com.
Posted at 09:20 PM by Howard Bashman



Department of Homeland Security's policy of detaining in Colorado those aliens arrested in Montana and Idaho causes lawful permanent resident to be subject to removal under Tenth Circuit law even though he would not be subject to removal under Ninth Circuit law: The U.S. Congress may not end up transferring all immigration cases to the Federal Circuit (a proposal that I previously discussed here), but DHS has found a way to remove some cases from the Ninth Circuit's jurisdiction, as this Tenth Circuit ruling issued today makes clear.
Posted at 09:14 PM by Howard Bashman


"Appeals may delay trial of ex-judge": The Tulsa World today contains an article that begins, "Defense lawyers for former Creek County District Judge Donald Thompson, who is accused of using a penis pump in the courtroom during trials, scrambled Tuesday night to have two appeals heard before his trial starts." And a more recent news update is headlined "Judge appointed to hear appeal in former judge's indecent exposure case; trial off for week."

The Sapulpa (Okla.) Daily Herald reports today that "Thompson trial once again faces a delay." Yesterday's newspaper, meanwhile, reported that "Thompson trial begins; Jury selection under way in trial of former district judge."

And The Oklahoman today reports that "Judge refuses recusal in trial of ex-colleague." The newspaper also provides a news update headlined "Ex-judge's trial delayed."
Posted at 06:54 PM by Howard Bashman



In Thursday's edition of The Christian Science Monitor: Warren Richey will have an article headlined "When is a song too religious - even in after-school show?"

And tomorrow's newspaper will also contain an article headlined "Backstory: From prison bars to bar exam."
Posted at 06:50 PM by Howard Bashman



"Rove Case Lawyer Blackberries Karl: 'Fitzgerald Called'; Robert Luskin Sends Bush's Brain Message on Plane: 'Case Over'; Attacks Blogosphere." Anna Schneider-Mayerson has this article in the June 19, 2006 issue of The New York Observer.
Posted at 06:24 PM by Howard Bashman


"Ohio Court Nixes Suit vs. Philip Morris": The Associated Press provides a report that begins, "Two smokers can't bring a class action lawsuit against Philip Morris USA Inc. over the way the tobacco giant markets 'light' cigarettes, the Ohio Supreme Court ruled Wednesday."

You can access today's ruling of the Supreme Court of Ohio at this link, while a court-issued summary of the ruling is available here.
Posted at 06:14 PM by Howard Bashman



Was (Not Was): Today a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit issued an opinion that begins, "After selling millions of dollars' worth of stolen goods on eBay, Laura and Bruce Wasz pleaded guilty to committing wire fraud in violation of 18 U.S.C. § 1343."
Posted at 06:05 PM by Howard Bashman


Today's rulings of note from the U.S. Court of Appeals for the Federal Circuit: Who knew that employees of the U.S. Postal Service are prohibited from "drink[ing] intoxicating beverages in a public place while in uniform"? Today the Federal Circuit issued an opinion resolving whether the Veterans of Foreign Wars Post 9927, in Kettering, Ohio constitutes such a "public place."

And a separate ruling that the court issued today involves "patents [that] disclose a diaphragm mouth call that hunters use to simulate animal sounds."
Posted at 06:00 PM by Howard Bashman



"Judge Hurt in Nev. Shooting Had Enemies": The Associated Press provides this report.

The Reno Gazette-Journal provides news updates headlined "Police continue search for Mack; credit card used at Sacramento airport" and "Mack's internet dating contacts investigated."

And The Sacramento Bee provides a news update headlined "Reno shooting suspect may have been in Sacramento."
Posted at 05:45 PM by Howard Bashman



Programming note: In connection with my day job, I have two meetings in Philadelphia early this afternoon. Additional posts will appear here later today.
Posted at 11:00 AM by Howard Bashman


"City to appeal handgun ruling; State court will be asked to restore Proposition H ban": Bob Egelko has this article today in The San Francisco Chronicle.
Posted at 10:54 AM by Howard Bashman


"Calls for Change at Guantanamo; In the wake of three suicides, lawyers decry the lack of access to detainees and medical groups bar doctors from interrogating prisoners": This article appears today in The Los Angeles Times.

And The Washington Post reports today that "Family of Guantanamo Detainee Doubts He Took His Own Life."
Posted at 07:30 AM by Howard Bashman



"Anti-Illegal Immigration Activist Sues His School District; Riverside County teen says he has a right to hold a rally against illegal immigration": The Los Angeles Times contains this article today.
Posted at 07:29 AM by Howard Bashman


"Court fight on circumcision; Parents doing battle on need for surgery": This article appears today in The Chicago Tribune.
Posted at 07:28 AM by Howard Bashman


"Reno Suspect Is Also Sought in the Killing of His Wife": The New York Times today contains an article that begins, "The man being sought in the wounding of a family court judge here on Monday is also wanted in the killing of his estranged wife earlier in the day, police officials said Tuesday."

The Las Vegas Review-Journal reports today that "Manhunt for Reno pawnshop owner continues; Arrest warrant issued in slaying of suspect's estranged wife; judge's condition upgraded."

And The Reno Gazette-Journal contains articles headlined "Warrant charges sniper suspect in fatal stabbing of estranged wife"; "Shooting sparks worries about safety"; "Some unhappy parents post Weller complaints on Web sites"; "Weller 'out of the woods,' says judge who heard shooting"; "Court building remains closed during repairs"; and "Mack left 'angry' by divorce settlement, friend says."
Posted at 07:25 AM by Howard Bashman



"Give judges a peek at secrets: Courts don't have to roll over for the executive branch's claims of secrecy." Louis Fisher has this op-ed today in The Los Angeles Times.
Posted at 07:14 AM by Howard Bashman


"Series on Las Vegas Judges Renews Calls for Reform": This article appears today in The Los Angeles Times.
Posted at 07:10 AM by Howard Bashman


"Warming at the Court: The EPA claims it can't regulate greenhouse gases and wouldn't if it could." The Washington Post contains this editorial today.
Posted at 07:02 AM by Howard Bashman


Tuesday, June 13, 2006

"Court bars immigration vote; Colo. justices keep initiative off ballot; services for illegal immigrants would be cut; Backers of the measure call the decision 'raw politics'; Critics say unintended consequences have been avoided": This article appears today in The Denver Post, along with an article headlined "Decision brings battle lines into focus; At least one lawmaker predicts a voter backlash, even as some celebrate the state justices' ruling." And a news update is headlined "Republicans call for special session."

Today's edition of The Rocky Mountain News contains articles headlined "'We're not giving up,' initiative activist says; State Supreme Court shoots down ballot proposal to deny services to illegal immigrants"; "Court said yes two years ago - but no this time"; and "Attorney likes 'swimming upstream'; Grueskin led legal effort to block ballot measure." And a news update is headlined "Governor threatens special session over initiative."

And The Los Angeles Times reports that "Court Kills Measure to Deny Immigrant Services in Colo.; The Colorado Supreme Court rules the initiative is too broad, violating the state Constitution."

My earlier coverage appears at this link.
Posted at 11:25 PM by Howard Bashman



Available online from law.com: Tony Mauro has an article headlined "Reassessing Rehnquist: He's been gone for almost a year; For some, the gloves are off."

And in news from Florida, "'Suspicious Box' Blown Up Near Courthouse May Have Contained Criminal Evidence."
Posted at 11:20 PM by Howard Bashman



"Arguments on Spy Program Are Heard by Federal Judge": Adam Liptak has this article today in The New York Times.

The Detroit News reports today that "Bush says no to spy defense; Talking would jeopardize security, feds say."

And The Detroit Free Press reports today that "Wiretap suit all about power."
Posted at 09:44 PM by Howard Bashman



"Group asks top state court to reject affirmative action vote": This article appears today in The Detroit News.
Posted at 09:35 PM by Howard Bashman


"Virginia Appeals Court Reaffirms Age of Consent in Sodomy Case": The "Leonard Link" blog provides this post about a ruling that the Court of Appeals of Virginia issued today.
Posted at 09:30 PM by Howard Bashman


Miranda v. Arizona at 40: This evening's broadcast of NPR's "All Things Considered" contained an audio segment entitled "Miranda's Foundation, and Today's Rights" (RealPlayer required).
Posted at 09:14 PM by Howard Bashman


Tenth Circuit affirms judgment entered against an association of residential treatment programs for troubled and at-risk teenagers, which brought defamation claims against individuals who made negative remarks on various internet sites concerning that association: You can access today's ruling of the U.S. Court of Appeals for the Tenth Circuit at this link.
Posted at 09:10 PM by Howard Bashman


"Man Named Suspect in Nev. Judge Shooting": The Associated Press provides this report, along with a report headlined "Reno police launch manhunt for fugitive."

And The Reno Gazette-Journal provides news updates headlined "Judge Weller 'in good spirits'"; "Reward offered for arrest of Darren Mack"; "Weller thanks Reno for support"; and "Judge Weller's family issues statement."
Posted at 08:55 PM by Howard Bashman



"Endangered Elitist Species: In defense of the Supreme Court law clerk." Emily Bazelon and Dahlia Lithwick have this jurisprudence essay online at Slate.
Posted at 04:33 PM by Howard Bashman


"Defense Lawyers Shut Out by New Secrecy": The Associated Press provides this report.
Posted at 04:08 PM by Howard Bashman


"Slate's Jurisprudence: The Laws of Internet Dating." This audio segment (RealPlayer required) featuring Dahlia Lithwick appeared on today's broadcast of NPR's "Day to Day."
Posted at 03:48 PM by Howard Bashman


"This appeal by the Coalition for the Abolition of Marijuana Prohibition of a judgment regarding the Atlanta Outdoor Festivals Ordinance of 2003 presents two threshold issues of justiciability, involving standing and mootness, and issues about whether the Festivals Ordinance violates constitutional guarantees of free speech." On behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit, Judge William H. Pryor, Jr. today issued an opinion that begins:
This appeal by the Coalition for the Abolition of Marijuana Prohibition of a judgment regarding the Atlanta Outdoor Festivals Ordinance of 2003 presents two threshold issues of justiciability, involving standing and mootness, and issues about whether the Festivals Ordinance violates constitutional guarantees of free speech. The key issue is whether, under the overbreadth doctrine, CAMP may challenge, under the free speech clause of the First Amendment, provisions of the Festivals Ordinance that do not either apply to or affect its activities. We recently confronted this issue en banc in Tanner Advertising Co. v. Fayette County, but did not resolve it because all but one of the claims for relief in that appeal were rendered moot by a repeal of the challenged ordinance. We left this "issue for another day." That day has arrived.
You can access my coverage of last Friday's en banc ruling in the Tanner Advertising case at this link.
Posted at 03:10 PM by Howard Bashman


"'Bullying' immigration judge absent, replaced": This article appeared earlier this month in The Philadelphia Inquirer.

And The Associated Press reported one week ago today that "Immigration judge off bench while broader U.S. review continues."

Thanks to "Decision of the Day" for the pointer.
Posted at 02:33 PM by Howard Bashman



"Warrant issued for Mack in wife's death": The Reno Gazette-Journal provides a news update that begins, "Authorities said in a morning press conference that an arrest warrant has been issued for Darren Roy Mack in the death of his estranged wife, Charla Mack. He also is a suspect in Monday's shooting of Family Court Judge Chuck Weller, authorities said." The newspaper's web site also provides access to a criminal complaint and affidavit in that matter.

And an updated report from The Associated Press is headlined "Pawn Shop Owner Sought in Judge Shooting." The AP's report refers to this cached eBay listing.
Posted at 02:25 PM by Howard Bashman



"Judge upholds 'In God we trust'; Atheist's challenge to the phrase's use on currency and as a national motto fails in federal court": Today's edition of The Sacramento Bee contains an article that begins, "A Sacramento federal judge on Monday tossed out atheist Michael Newdow's challenge to the phrase 'In God We Trust' as the national motto and its inscription on coins and currency."

You can access yesterday's ruling of the U.S. District Court for the Eastern District of California at this link.

The case will now presumably head on appeal to the U.S. Court of Appeals for the Ninth Circuit.

Update: The "Religion Clause" blog provides a post titled "Newdow Loses 'In God We Trust' Challenge; Pledge Case Still Pending."
Posted at 02:20 PM by Howard Bashman



"Legal Maneuver -- To Make a Point, An Army Officer Helps Iraqi Convict; Rule of Law Should Apply To All, Capt. Carter Says; Confessions Won by Cable; 'Grudge' of the 'Fat Woman'?" Today in The Wall Street Journal, Greg Jaffe has this front page article (pass-through link) that focuses on, among other things, my friend Phillip Carter, now serving as a U.S. Army Captain in Iraq. Phil's web log, "Intel Dump," can be accessed here.
Posted at 11:45 AM by Howard Bashman


"Federal judge dismisses pay raise lawsuit; Ruling says issue became moot with Legislature's repeal": This article appears today in The Pittsburgh Post-Gazette.

And The Harrisburg Patriot-News reports today that "Federal judge tosses pay-raise suit."

My earlier coverage appears at this link.
Posted at 11:44 AM by Howard Bashman



"Court Citing Blog": Eugene Volokh has this post at "The Volokh Conspiracy."
Posted at 11:20 AM by Howard Bashman


"Flag debate may be superseded": The Deseret Morning News today contains an article that begins, "A coalition of conservative groups wants Senate Majority Leader Bill Frist to focus Senate floor debate on pending judicial nominations during time set aside later this month for Sen. Orrin Hatch's amendment on flag desecration."

And Bloomberg News reports that "Conservatives Urge Action on Judges, Not Flag Burning."
Posted at 11:12 AM by Howard Bashman



"Cannon tries to ban federal courts from hearing state porn cases": Last Wednesday, The Daily Herald of Provo, Utah published an article that begins, "Legislation filed Tuesday by a Utah congressman would remove cases involving state anti-pornography laws from the jurisdiction of all federal courts -- including the U.S. Supreme Court." You can view the text of H.R. 5528 at this link.
Posted at 11:10 AM by Howard Bashman


Trial begins in Oklahoma for former judge accused of using penis pump underneath his robe while on the bench hearing cases: The Associated Press reports that "Ex-Judge Likely to Testify in Case Accusing Him of Indecent Exposure." According to the article, "Thompson's longtime court clerk testified in his preliminary hearing that she saw the judge use a device called a 'penis pump' during several trials.... That case ended in a hung jury."

In other coverage, The Tulsa World reports today that "Jury pool quizzed on tolerance; Possible jurors in a former Creek County judge's trial are warned that testimony could be sexually explicit." And yesterday the newspaper contained an article headlined "Court date for ex-judge arrives; Donald Thompson will face a Creek County jury on charges of engaging in improper behavior while on the bench."

The Oklahoman reports today that "Jury pool questioned in former judge's trial." Last Thursday, the newspaper contained an article headlined "Former judge facing misdemeanor charge; Defense attorneys call the new allegations 'character assassination' by prosecutors." And last Wednesday, the newspaper's web site published a news update headlined "Thompson defense motion denied" that begins, "A former Creek County judge charged with masturbating in court also will be tried next week on a misdemeanor charge of placing pornographic photos of himself and a woman on his state-owned computer, a judge ruled Wednesday."

Last week, The Sapulpa (Okla.) Daily Herald reported that "Former judge’s trial ready to begin; Pretrial motions heard by judge in Bristow on Wednesday." And earlier this month, the newspaper reported that "Thompson trial date looming."

The Smoking Gun web site has previously covered this matter here and here.
Posted at 11:05 AM by Howard Bashman



"Appeals Court Affirms 'Flashdance' Ruling": The Associated Press provides this report. My earlier coverage appears here.
Posted at 10:50 AM by Howard Bashman


Nina Totenberg is reporting: On today's broadcast of NPR's "Morning Edition," she had an audio segment entitled "Justices Open Door for Death Row Challenges."

And on yesterday's broadcast of "All Things Considered," she had an audio segment entitled "High Court Fine-Tunes Death Penalty Laws."

Earlier today, I collected additional news coverage of these rulings at this link.
Posted at 09:30 AM by Howard Bashman



"Divorce cases of big shots hidden on secret Broward docket; Court cases involving two Broward judges' divorces are among more than 100 cases hidden on a secret docket": This article appears today in The Miami Herald. The newspaper also has posted online this list (PDF document) of previously secret cases.
Posted at 08:45 AM by Howard Bashman


"Appeals court upholds Hinton conviction; Softball umpire got life for murder of Shannon Melendi": The Associated Press provides this report on a decision that the Supreme Court of Georgia issued yesterday. According to The AP, "The murder conviction was the first in Georgia where authorities could find neither a body nor a definitive crime scene." Court TV provided extensive coverage of the trial.
Posted at 08:44 AM by Howard Bashman


"State appeals court's gay marriage decision; Baker asks justices to restore ban": The Atlanta Journal-Constitution contains this article today.
Posted at 08:35 AM by Howard Bashman


"Judge Is Hurt in Shooting at a Court in Nevada": This article appears today in The New York Times.

The Reno Gazette-Journal today provides extensive coverage: "Police link judge shooting with homicide; suspect still missing"; "Violence a key topic when judges gather"; "Judge wants bulletproof windows; officials study tinted films, cite cost"; "Weller handled hundreds of cases involving divorce"; "Wedding party mistakes 'pop' for champagne cork"; "Potential violence surrounds family court cases, lawyers say"; "Downtown restaurant in middle of action"; and "Police continue search for shooting suspect."

The Las Vegas Review-Journal reports that "Judge shot in Reno; Pawn shop owner sought in sniper incident, separate slaying."

USA Today reports that "Reno judge shot by sniper; police search for pawnshop owner."

The Associated Press provides reports headlined "Pawn Shop Owner Sought in Judge Shooting"; "Judge Weller Loved by Some, Vilified by Others"; and "TV anchor interviewed shooting suspect."

And NBC affiliate KRNV News 4 provides written reports headlined "The Shooting of Judge Weller"; "Murder Suspect Had Approached News 4 With Concerns"; "Washoe Med ER Locked Down as Weller Treated"; and "Timeline of Events in Judge Shooting."
Posted at 07:50 AM by Howard Bashman



"Bomb Suspect's Shirt Does the Talking": The Washington Post today contains an article that begins, "The Prince George's man charged with building a pipe bomb he allegedly wanted to use to attack a Greenbelt abortion clinic appeared in federal court yesterday wearing an antiabortion T-shirt."

And The Baltimore Sun reports today that "Man to be held until bomb trial."
Posted at 07:18 AM by Howard Bashman



"Prisoners Gain in Suit Attacking Lethal Injection": In today's edition of The New York Times, Linda Greenhouse has this article, along with an article headlined "Justices Grant Death Row Inmate a New Hearing in 1985 Tennessee Murder."

Today in The Washington Post, Charles Lane reports that "Justices Open Door For Injection Case; Inmate's Procedural Challenge Allowed." The newspaper also contains an editorial entitled "Widening the Gateway: The Supreme Court makes it a little bit easier for potentially innocent inmates to get their cases heard."

David G. Savage of The Los Angeles Times reports that "High Court Scrutinizing Capital Cases." The newspaper also contains an editorial entitled "Lifesaving evidence: Supreme Court is right to allow death row inmates to use DNA evidence."

In USA Today, Joan Biskupic reports that "High court rulings chip at death penalty; Focus on DNA evidence, lethal injection." And Annette Fuentes has an op-ed entitled "A 'right' way to kill someone? Supreme Court ruling skirts the issue of whether lethal injections are cruel and unusual punishment; But the case raises a much larger question."

The Baltimore Sun reports that "Death row appeals backed; Justices allow more challenges to lethal injection and new claims of innocence."

The Tennessean reports that "Justices' DNA ruling may affect Tennessee cases; Death row inmates can cite evidence for new hearings." And the newspaper contains an editorial entitled "Court renders justice in case of Paul House; Supreme Court says that DNA evidence could have changed jury's decision."

Patty Reinert of The Houston Chronicle reports that "Supreme Court sides with inmates on two death penalty issues; Rulings involve last-ditch appeals over injections, and DNA testing of old evidence."

The Austin American-Statesman reports that "High court opens door on lethal injection challenges; Decision could affect Texas appeals from condemned convicts."

Patti Waldmeir of Financial Times reports that "Rulings chip away at capital punishment."

The Miami Herald reports that "Inmates given a chance to dispute lethal injection; Ruling in a Florida case, the U.S. Supreme Court gave convicted killers on Death Row the chance to claim that lethal injection violates their civil rights."

The South Florida Sun-Sentinel reports that "Florida Death Row inmate wins right to challenge lethal injection."

The St. Petersburg Times reports that "Condemned can appeal injection; The U.S. Supreme Court sides with a Florida death row inmate, and experts say the ruling could further delay many executions."

The Pensacola News Journal reports that "Court OKs injections appeal; Ruling could change way state executes prisoners."

The Palm Beach Post reports that "Old law is new challenge in lethal injections case."

In The San Jose Mercury News, Howard Mintz reports that "Lethal injection challenge allowed; Justices approve legal avenue also used in S.J. case."

The Richmond Times-Dispatch reports that "Inmates can fight lethal injection; Supreme Court ruling means they can argue method's cruel, unusual."

The St. Louis Post-Dispatch reports that "Supreme Court rulings side with death row inmates."

And The Wilmington News Journal reports that "Justices open door to injection appeals; Inmates may claim punishment is cruel; Delaware method likely faces challenge."
Posted at 07:15 AM by Howard Bashman



"Conservative activists question Sen. Bill Frist's floor priorities": This article appears today in The Hill.

And USA Today reports today that "Flag-desecration amendment needs 1 more vote; Measure's chances unclear in Senate."
Posted at 07:05 AM by Howard Bashman



"Judges Press C.I.A. Lawyer Over Withheld Documents": The New York Times today contains an article that begins, "A federal appeals court panel in Manhattan questioned a lawyer for the federal government yesterday as to whether the Central Intelligence Agency had a legitimate national security interest in refusing to confirm or deny the existence of documents authorizing it to detain and interrogate terrorism suspects overseas."
Posted at 07:00 AM by Howard Bashman


"Sacramento judge dismisses Newdow's challenge to 'In God We Trust'": The Sacramento Bee provides this news update.

And The Associated Press reports that "Judge Rejects Atheist's Lawsuit."

You can access yesterday's ruling of the U.S. District Court for the Eastern District of California at this link.
Posted at 06:50 AM by Howard Bashman



"Rove Won't Be Charged in C.I.A. Leak Case": The New York Times provides a news update that begins, "The prosecutor in the C.I.A. leak case on Monday advised Karl Rove, the senior White House adviser, that he would not be charged with any wrongdoing, effectively ending the nearly three-year criminal investigation that had at times focused intensely on Mr. Rove."
Posted at 06:45 AM by Howard Bashman


Available online at law.com: Tony Mauro reports that "Supreme Court Allows Challenges to Lethal Injections."

Marcia Coyle reports that "High Court Reins In RICO; Anti-civil RICO forces get a win -- but it's not over."

And in other news, "11th Circuit Upholds Firing of Fla. Deputies Who Appeared in Online Porn." My earlier coverage appears at this link.
Posted at 06:40 AM by Howard Bashman



Monday, June 12, 2006

In news updates from The Reno Gazette-Journal: Now available online are news updates headlined "Second victim in judge shooting; hunt continues" and "Family, Justice Court to stay closed Tuesday."
Posted at 07:32 PM by Howard Bashman


"Wild Weed on Courthouse Lawn Eliminated": The Associated Press provides a report that begins, "After reporters pointed out that wild marijuana, commonly called ditch weed, was growing on the lawn at the federal courthouse in Sioux Falls, the greenery was eliminated." Earlier coverage from KSFY-TV in Sioux Falls, South Dakota can be accessed here.
Posted at 07:30 PM by Howard Bashman


Warren Richey is reporting: Tuesday in The Christian Science Monitor, he will have articles headlined "Court sides with death row inmate, allowing DNA appeal; The justices say new DNA evidence - even if not proof of innocence - merits another appeal for man on death row" and "High court keeps door open to death-penalty lawsuits."
Posted at 07:25 PM by Howard Bashman


"Justices open door to new death penalty appeals": Stephen Henderson of Knight Ridder Newspapers provides this report.
Posted at 07:24 PM by Howard Bashman


In news from Reno, Nevada: The Reno Gazette-Journal provides news updates headlined "People being kept inside as police continue hunt" and "Sharpshooters at Silver Peak." My earlier coverage of today's sniper shooting of a state court judge in Reno appears at this link.
Posted at 05:58 PM by Howard Bashman


"Supreme Court Assists Death Row Challengers": David G. Savage of The Los Angeles Times provides this news update.

Savage also spoke about the rulings on today's broadcast of NPR's "Talk of the Nation" in a segment entitled "High Court Allows Lethal-Injection Challenges" (RealPlayer required).
Posted at 05:24 PM by Howard Bashman



"Lawsuit over Pa. officials' pay raise dismissed": The Pittsburgh Post-Gazette provides a news update that begins, "A federal judge today threw out a lawsuit over last year's judicial pay raises, saying the plaintiffs had no standing and that the case became moot when the General Assembly repealed the raises in November."

Today's ruling of the U.S. District Court for the Middle District of Pennsylvania can be accessed at this link.
Posted at 05:15 PM by Howard Bashman



"Proceed with Haynes' nomination": This editorial appeared last Friday in The Post and Courier of Charleston, South Carolina.
Posted at 05:05 PM by Howard Bashman


"Supreme Court Allows Challenges to Lethal Injections": law.com's Tony Mauro provides this news update.
Posted at 04:25 PM by Howard Bashman


"Waiving the Flag for Judges": Quin Hillyer has this post today at "AmSpecBlog."
Posted at 04:23 PM by Howard Bashman


On today's broadcast of NPR's "Day to Day": The broadcast contained audio segments entitled "Slate's Jurisprudence: Lethal-Injection Challenge" (featuring Dahlia Lithwick) and "Former Guantanamo Detainee Details Treatment." RealPlayer is required to launch these audio segments.
Posted at 03:24 PM by Howard Bashman


"Judge Shot at Courthouse in Nevada": The Associated Press provides this report from Reno. The shooting took place at the Washoe County courthouse. According to the article, "There is no immediate word on the identity or condition of the judge."

And The Reno Gazette-Journal provides a news update headlined "Judge shot at downtown Reno courthouse; SWAT team looking for sniper in area." According to the article, "The shooting was reported about 11:15 a.m. in the Reno Justice Court's family division area."

You can access the home page of the Reno Justice Court at this link.

Update: The AP now identifies the jurist who was shot as Judge Chuck Weller. The Gazette-Journal provides further updates headlined "Judge Chuck Weller named as victim in courthouse shooting; suspect still on loose"; "Weller in stable condition; police searching for suspect"; and "All Washoe County courthouses closed," along with this bio of the judge. According to a report posted online by ABC television affiliate KOLO-8, "Weller was shot four times in the chest, according to Chief Judge Charles McGee." A photograph of the window through which a sniper apparently shot the judge can be viewed at this link.

In November 2004, The Gazette-Journal reported on Judge Weller's election to the bench in an article headlined "After tough family court campaign, Weller takes Sferazza."
Posted at 03:05 PM by Howard Bashman



"Final Appeal Granted to Death Row Inmates": This audio segment (RealPlayer required) featuring Law Professor Jonathan Turley appeared on today's broadcast of the public radio program "Here & Now."
Posted at 02:27 PM by Howard Bashman


"The General Release Marder signed in 1982 constituted a waiver of all claims against Paramount arising out of her contributions to the film Flashdance." So concludes an opinion that the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 02:24 PM by Howard Bashman


The Associated Press is reporting: Gina Holland has an article headlined "Texas Loses Appeal in High-Profile Murder."

In other news, "Government Defends Domestic Spying in Court."

And an article reports that "Judge Tosses Lawsuit Over Pa. Lawmaker Pay."
Posted at 02:14 PM by Howard Bashman



"Supreme Court Lets Lethal Injection Challenge Proceed": Greg Stohr of Bloomberg News provides this report.
Posted at 12:30 PM by Howard Bashman


"Fight looms over meds for condemned man": This article appears today in The Dallas Morning News (via "StandDown Texas Project").
Posted at 12:02 PM by Howard Bashman


"Colo. Ballot Can't Have Immigrant Measure": The Associated Press provides a report that begins, "The Colorado Supreme Court ruled Monday that a proposal to deny most state services to illegal immigrants cannot appear on the November ballot."

You can access today's ruling of the Supreme Court of Colorado at this link.
Posted at 11:44 AM by Howard Bashman



Today's U.S. Supreme Court Order List and opinions in argued cases: The Supreme Court issued two opinions in argued cases today.

1. Today's first ruling issued in House v. Bell, No. 04-8990. Justice Anthony M. Kennedy issued the opinion of the Court, in which Justices John Paul Stevens, David H. Souter, Ruth Bader Ginsburg, and Stephen G. Breyer joined. The Chief Justice issued an opinion concurring in the judgment in part and dissenting in part, in which Justices Antonin Scalia and Clarence Thomas joined. The case was argued before Justice Samuel A. Alito, Jr. joined the Court, so he did not participate in the ruling. You can access the oral argument transcript here. Additional information about the case is available via this link.

2. Today's second and final ruling issued in Hill v. McDonough, No. 05-8794. Justice Kennedy issued the opinion for a unanimous Court. You can access the oral argument transcript here. Additional information about the case is available via this link.

You can access today's Order List at this link. The Court granted review in two cases and called for the views of the Solicitor General in an additional case. Justice Thomas dissented from the denial of certiorari in three cases that called on the Court to consider whether Almendarez-Torres v. United States, 523 U. S. 224 (1998), was wrongly decided. Meanwhile, Justice Stevens, who agrees that Almendarez-Torres was wrongly decided, issued a statement respecting the denial of the petitions for writ of certiorari.

In early news coverage, Gina Holland of The Associated Press reports that "Justices Open Door to Lethal Shot Claims" and "Supreme Court Skirts Holocaust Dispute." In addition, The AP provides a report headlined "High Court: Tenn. Inmate May Use DNA Tests."

And at "SCOTUSblog," Lyle Denniston has posts titled "Decisions: Court allows innocence claim" and "Orders: Bankruptcy case granted." According to Denniston, the Court will next issue opinions in argued cases on Thursday of this week.
Posted at 10:00 AM by Howard Bashman



"The Injustice Collector: Is James Joyce’s grandson suppressing scholarship?" This article appears in the June 19, 2006 issue of The New Yorker. According to the article, "This week, to coincide with Bloomsday celebrations, [Law Professor Lawrence] Lessig plans to file a suit against Stephen Joyce in United States District Court. He believes that it is the first to accuse a literary estate of 'copyright misuse'; the charge is usually levelled against corporations in patent disputes."
Posted at 09:58 AM by Howard Bashman


"Blawg Review #61": Available online here, at "Blonde Justice."
Posted at 09:50 AM by Howard Bashman


On today's broadcast of NPR's "Morning Edition": The broadcast contained audio segments entitled "Guantanamo Tribunals and the Constitution"; "Military, Critics Split over Guantanamo Suicides"; "Corporation Lawyers and Public Privacy" (RealPlayer required).
Posted at 09:45 AM by Howard Bashman


"A Fifth Milberg Weiss Judge Recuses Himself From Trying Case": Josh Gerstein has this article today in The New York Sun.
Posted at 09:44 AM by Howard Bashman


On this date in "How Appealing" history: Exactly three years ago today, The New York Times published an article by Neil A. Lewis headlined "Conservative Asserts Views Would Stay Off the Bench." The article begins, "William H. Pryor, Alabama's attorney general, who has gained prominence as an outspoken opponent of legalized abortion and as an advocate for a greater Christian influence in government, told skeptical Democrats on the Judiciary Committee today that his personal views would have no bearing on his performance if he is confirmed as a federal judge."

Also three years ago today, I had two posts (here and here) noting errors in the article.
Posted at 08:45 AM by Howard Bashman



"Is the 9th Circuit Bound by Its Earlier Pledge Ruling?" The new installment of my "On Appeal" column for law.com can be accessed at this link.
Posted at 07:30 AM by Howard Bashman


"Guantanamo suicides revive debate surrounding prison": This article appears today in USA Today.

The Chicago Tribune today contains an article headlined "Lawyer: 'It was a matter of time'; Accounts of hangings called into question."

In The Boston Globe, Charlie Savage reports that "Criticism of Guantanamo rises; Pentagon IDs 3 who killed selves."

The Miami Herald reports that "U.S. details alleged links of 3 Guantanamo suicides; On the same day a Muslim chaplain arrived to prepare the dead for burial, the Pentagon released allegations of al Qaeda and Taliban links against the three detainees who hanged themselves at Guantanamo Bay."

The Los Angeles Times reports that "Details on Detainee Suicides Emerging."

The Washington Post reports that "Three Detainees Who Committed Suicide Are Identified."

And The New York Times contains an article headlined "Prisoners' Ruse Is Inquiry Focus at Guantanamo" along with an editorial entitled "The Deaths at Gitmo."
Posted at 07:28 AM by Howard Bashman



"Body Suit: She Grew in Her Career as a Dancer, Maybe Too Much; Cue the Lawyers." The Washington Post contains this article today.
Posted at 07:22 AM by Howard Bashman


"St. Thomas law dean struggling with bar exam scores; St. Thomas University landed Bob Butterworth, one of the state's best-known lawyers, to lead its law school three years ago; Now he's struggling to raise the passing rate on the Bar exam": This article appears today in The Miami Herald.
Posted at 07:20 AM by Howard Bashman


"A diversity decision: Two cases before the U.S. Supreme Court this term will give an indication of how far schools can go to promote desegregation." The St. Petersburg Times contains this editorial today.
Posted at 07:18 AM by Howard Bashman


"States set stage for bans on abortion; 7 including Illinois have 'trigger laws' if court acts": This article appears today in The Chicago Tribune.
Posted at 07:15 AM by Howard Bashman


"Domestic Spying Program Comes Under Legal Scrutiny; A federal judge will hear the ACLU's arguments today against the National Security Agency's warrantless anti-terror surveillance": Henry Weinstein has this article today in The Los Angeles Times.

The Detroit News reports today that "Bush domestic spying program to be tested in fed court in Detroit; Lebanese immigrant in Ypsilanti is among those claiming surveillance violates civil rights."

And The Detroit Free Press reports today that "Battle over wiretaps to begin today; Suit asks Detroit judge to stop U.S."
Posted at 07:00 AM by Howard Bashman



"4 From Congress Defend Indicted Law Firm": This article appears today in The New York Times.
Posted at 06:50 AM by Howard Bashman


Sunday, June 11, 2006

"Inheritability of blogs: You take Aunt Esther's silverware, I'll take her blog..." Law Professor Ira Nathenson has this post at his "digital garbage" blog.
Posted at 10:25 PM by Howard Bashman


"3 federal branches clash over powers; Congress, U.S. courts aim to strike greater balance with executive": This article appears today in The Baltimore Sun.
Posted at 10:20 PM by Howard Bashman


"Supreme Court showing new face": John Aloysius Farrell has this essay today in The Denver Post.
Posted at 10:18 PM by Howard Bashman


"Appeals Court judges sued by 2 in bias, retaliation case": Friday's edition of The Arizona Republic contained this article (via "Religion Clause").
Posted at 10:15 PM by Howard Bashman


"A tighter rein on faith-based initiatives; A court ruling last week against an Iowa prison program insists upon church-state separation": This article will appear Monday in The Christian Science Monitor. My earlier coverage appears at this link.
Posted at 10:04 PM by Howard Bashman


"Suicides may be attempt to influence court proceedings, general says": Monday's edition of The Miami Herald will contain this article, along with an article headlined "Suicides provoke calls to close Guantanamo."

Monday in The Christian Science Monitor, Warren Richey and Linda Feldmann will have an article headlined "Many perils at Guantanamo - for Bush, too; Suicides at the detention camp follow already-sharp international criticism of US."

Today's broadcast of NPR's "Weekend Edition Sunday" contained an audio segment entitled "Suicides Raise New Questions at Guantanamo." And today's broadcast of NPR's "All Things Considered" contained an audio segment entitled "Leaders Weigh In on Guantanamo Suicides." RealPlayer is required to launch these audio segments.
Posted at 10:00 PM by Howard Bashman



"Suicides another blow to camp's image; For the first time since the Guantanamo Bay prison camp opened in January 2002, three captives killed themselves": This article appears today in The Miami Herald.

And the June 19, 2006 issue of Time magazine will contain an article headlined "Death Comes To Guantanamo; Three suicides at the detention camp intensify the controversy over U.S. treatment of the prisoners held there."
Posted at 05:18 PM by Howard Bashman



"Why Race And Education Are Still Up In The Air: The Supreme Court takes another case on a messy issue." The June 19, 2006 issue of U.S. News & World Report will contain this article.
Posted at 05:15 PM by Howard Bashman


"A Supreme Court Page in the Quill Pen Era": This remembrance of Frank Trenholm Lyman, who died last month, appears today in The Washington Post.
Posted at 09:54 AM by Howard Bashman


On the editorial page of today's edition of The Washington Post: The newspaper contains editorials entitled "Considering Race: School officials should be permitted to 'stir the melting pot'" and "Mr. Kaine and the Death Penalty: At the eleventh hour, a killer gets a reprieve."
Posted at 09:35 AM by Howard Bashman


"Murphy may head to bench; U.S. attorney, Troy lawyer considered for federal appeals court; nominations would end dispute": Yesterday's edition of The Detroit News contained an article that begins, "U.S. Attorney Stephen J. Murphy III and a Troy attorney are expected to be nominated to two open seats on the federal appeals court in Cincinnati, officials familiar with the process said."
Posted at 09:33 AM by Howard Bashman


"Recommended reading: Scholars are split on the Bush administration's use of the Federalist Papers to justify its position on presidential war powers." Charlie Savage has this article today in the Ideas section of The Boston Globe.
Posted at 09:28 AM by Howard Bashman


In today's edition of The New York Times: An article reports that "Hawaiians Weigh Options as Native-Status Bill Stalls."

In the Week in Review section, Law Professor Jeffrey Rosen has an essay entitled "Perhaps Not All Affirmative Action Is Created Equal."

And a wedding announcement is headlined "Suzanne Kerrigan, Adam Ciongoli."
Posted at 09:25 AM by Howard Bashman



Saturday, June 10, 2006

"Mental State Still at Issue In Va. Death Penalty Case": This article appears today in The Washington Post. And yesterday, the newspaper reported that "Kaine Delays Execution Of Inmate for 6 Months; Inquiry Into Killer's Mental State Ordered."

The Richmond Times-Dispatch today reports that "Opinions vary on Kaine's decision." And yesterday's newspaper reported that "Kaine blocks execution."

The Danville Register & Bee reports today that "Bolling blasts Kaine over stay." Yesterday's newspaper, meanwhile, contained an article headlined "Walton's execution DELAYED" and an editorial entitled "What a choice."

And The Virginian-Pilot reported yesterday that "Kaine delays Walton execution, calls for mental evaluation."
Posted at 11:18 PM by Howard Bashman



On today's broadcast of NPR's "Weekend Edition - Saturday": The broadcast contained audio segments entitled "States Take Variety of Stances on Gay Marriage" and "Caverns Hold Key to Indian Trust Fund Case" (RealPlayer required).
Posted at 01:40 PM by Howard Bashman


"Will Same-Sex Marriage Collide With Religious Liberty?" This article appears today in The New York Times.
Posted at 01:35 PM by Howard Bashman


In today's edition of The Washington Post: An article reports that "Appeals Court Sides With White House on Wiretaps."

In other news, "Iraq's Attorneys Practicing in a State of Fear; Those Who Haven't Fled Prefer the Dictator's Law to None at All."

And an article is headlined "A Woman Of Conviction: Her Husband May Go to Prison, but Linda Lay Is Keeping the Faith."
Posted at 01:30 PM by Howard Bashman



"Tearful goodbye as time to leave nears; Supreme Court declines to intervene, so a Raymore woman will return to Mexico": This article appears today in The Kansas City Star.

And The Associated Press reports that "Supreme Court Denies Stay of Deportation."
Posted at 01:08 PM by Howard Bashman



"Death Penalty in Some Cases of Child Sex Is Widening": Adam Liptak has this article today in The New York Times.
Posted at 01:02 PM by Howard Bashman


"Gov. Is the Judge: Janavs Back to the Bench." The Los Angeles Times today contains an article that begins, "The voters spoke, and now it's the governor's turn. Less than 72 hours after the Los Angeles County electorate replaced Judge Dzintra Janavs with a bagel store owner with limited legal experience, Gov. Arnold Schwarzenegger announced Friday that he would reappoint the veteran jurist to a vacant seat on the bench 'as soon as she completes the paperwork.'" That newspaper's earlier coverage of this matter appears here.
Posted at 08:55 AM by Howard Bashman


"How Some Nevada Judges Stay Under the Radar; Senior judges are exempt from some rules of accountability; The careers of three jurists reflect the ethical questions that can result": This lengthy article -- the third in a three-part series -- appears today in The Los Angeles Times. I previously linked to the earlier installments of this series here and here.
Posted at 08:50 AM by Howard Bashman


B.I.G. news from Los Angeles: The Los Angeles Times today contains an article headlined "Judge Rules for Family of Slain Rapper and Sets New Trial Date; Federal jurist says the city withheld evidence about the death of Notorious B.I.G."
Posted at 08:48 AM by Howard Bashman


"Court gives legal victory to abortion foes": Reuters provides a report that begins, "A U.S. appeals court handed a legal victory on Friday to medical groups working on behalf of health-care providers who refuse to offer abortion services." My earlier coverage appears at this link.
Posted at 08:40 AM by Howard Bashman


Friday, June 09, 2006

Justice Antonin Scalia speaks to summer associates at The University Club of Washington, DC: PG has this post at the "de novo" blog.
Posted at 10:30 PM by Howard Bashman


"Is the 9th Circuit Bound by Its Earlier Pledge Ruling?" The brand new installment of my "On Appeal" column for law.com can be accessed here.
Posted at 10:25 PM by Howard Bashman


"Gay-marriage case: 15 months, no ruling." This article appeared yesterday in The Seattle Times.
Posted at 09:24 PM by Howard Bashman


"Supreme Court Justices Report Road Trips": Gina Holland of The Associated Press provides a report that begins, "Supreme Court justices crisscrossed the world last year, with stops in Bangkok, Paris, London and Prague, and less-exotic places like Omaha, Neb., and Morgantown, W. Va. Financial disclosure reports released Friday show that several justices got out of Washington a good bit in 2005 at the expense of law schools and legal groups."
Posted at 09:18 PM by Howard Bashman


Doctors unwilling to provide abortion services even when essential to preserving the health or life of the mother must be allowed to intervene in California's challenge to the constitutionality of a federal law, known as the Weldon Amendment, intended to protect the interests of such doctors: Late today, a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued this opinion in typescript format. Circuit Judge Alex Kozinski is the author of the opinion.

The web site "Women's eNews" offers additional background on the litigation in an article headlined "California Sues U.S. Over Budget's Abortion Ban." In January 2005, Bob Egelko of The San Francisco Chronicle had an article headlined "Suit hits antiabortion amendment." And in February 2005, The National Law Journal published an article headlined "Fighting refusal to treat; 'Conscience' clauses hit the courts."
Posted at 05:35 PM by Howard Bashman



Bankruptcy offers no refuge from monetary sanctions entered against attorney under Fed. R. Civ. P. 11 and 28 U.S.C. sec. 1927: You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 05:25 PM by Howard Bashman


First Circuit holds that attorney F. Lee Bailey was not entitled to an evidentiary hearing before the U.S. District Court for the District of Massachusetts ordered him disbarred under its reciprocal discipline rule: You can access today's ruling at this link. The First Circuit's decision includes a couple of citations to a case in which the Third Circuit had appointed me to serve as amicus curiae in support of affirmance.
Posted at 05:20 PM by Howard Bashman


"Law Professor Blogs": Via this link, you can listen to the mellifluent voices of Law Professors Eugene Volokh, Miriam Cherry, and Susan Crawford. Those law professors are visiting by telephone with attorneys J. Craig Williams and Bob Ambrogi, who host a weekly "radio" program known as "Coast to Coast" at Legal Talk Network.
Posted at 03:40 PM by Howard Bashman


Shoot: Thwarted in my efforts, despite countless emails from fans of this blog, to be the very final law blogger to broach the subject of the "rock, paper, scissors" discovery order, I shall now draw my coverage of that matter to an end as of this post.

The St. Petersburg Times on Wednesday reported that "Rock, paper, scissors - and gavel - will settle it; An exasperated judge orders two feuding attorneys to resolve their dispute with an old child's game."

And The Tampa Tribune on Wednesday published an article headlined "Judge's Order: Rock, Paper, Scissors."

Finally, the web site of the World RPS Society can be accessed here.

Readers are now implored to turn their attention back to matters of consequence, such as federal sentencing law.
Posted at 03:32 PM by Howard Bashman



"Court Orders a New Trial for an Inmate on Death Row": Adam Liptak has this article today in The New York Times.

The Washington Post reports today that "Man's Va. Death Sentence Overturned; 4th Jury Would Decide Whether Killer Is Mentally Retarded."

The Richmond Times-Dispatch reports that "New trial ordered in Atkins case; Jury must determine again if death-row inmate is retarded."

And The Virginian-Pilot reports that "Court orders new hearing on whether York killer is retarded."

My earlier coverage appears at this link.
Posted at 03:15 PM by Howard Bashman



"State court dismisses misconduct complaint against local judge": The Virginian-Pilot today contains this article reporting on a 4-3 ruling that the Supreme Court of Virginia issued yesterday. The opinion notes that one of the three dissenting justices died on April 9, 2006.
Posted at 03:10 PM by Howard Bashman


En banc Eleventh Circuit avoids fight over what limits on standing to impose on the "overbreadth doctrine" when considering a First Amendment challenge to a Georgia county's sign ordinance: Today's en banc ruling, which may be the first decision for the en banc Eleventh Circuit written by Circuit Judge William H. Pryor, Jr., finds most of the dispute moot. Only Circuit Judge Stanley F. Birch, Jr., in a specially concurring opinion, addresses the merits of the standing and overbreadth issue. The original three-judge panel's ruling in the case can be accessed here.
Posted at 03:02 PM by Howard Bashman


Court invites public to view alleged child pornography: The Chicago Tribune today reports that "Judge to let public see video at R. Kelly trial."

And The Chicago Sun-Times reports today that "Judge says press, public may view R. Kelly tape."
Posted at 02:45 PM by Howard Bashman



"Workers' Lawsuits Can Go Forward; State high court allows staffers who made sexual harassment claims before 2003 to proceed with their cases against employers": Maura Dolan has this article today in The Los Angeles Times.

Today in The San Francisco Chronicle, Bob Egelko reports that "State high court favors plaintiff in harass case."

You can access yesterday's ruling of the Supreme Court of California at this link.
Posted at 02:40 PM by Howard Bashman



"Secrets and Spies: What we can learn about confidential sources from Wen Ho Lee." Michael Kinsley has this essay today online at Slate.
Posted at 02:28 PM by Howard Bashman


The Associated Press is reporting: Now available online are articles headlined "1 Court Sides With White House on Wiretaps" and "Okla. Governor Approves Executing Molesters."
Posted at 02:23 PM by Howard Bashman


Today's Ninth Circuit en banc and not quite en banc developments: Today the U.S. Court of Appeals for the Ninth Circuit issued two en banc rulings in immigration cases. One ruling, involving an eleven-judge en banc panel, was unanimous. The other ruling, involving a fifteen-judge en banc panel (an approach the Ninth began testing recently), produced a dissenting opinion in which four judges joined -- so that decision could have been unanimous too if an eleven-judge panel had been used(!).

Even more interestingly, today seven of that court's most conservative judges dissented from the denial of rehearing en banc in a case in which Circuit Judge Alex Kozinski's opinion for a divided three-judge panel begins, "We consider whether police may conduct a search based on less than probable cause of an individual released while awaiting trial. This issue is one of first impression in our circuit. Somewhat surprisingly, it is an issue of first impression in any federal circuit and the vast majority of state courts."
Posted at 12:58 PM by Howard Bashman



"Neb. Couple Fights Newborn Blood Test Law": The Associated Press provides this report.
Posted at 12:40 PM by Howard Bashman


"Hey, where are the fireworks?" Yesterday in The Fort Worth Star-Telegram, columnist Linda P. Campbell had an op-ed that begins, "Enough with the niceness. More than a week of June is toast, much like those patches of parched lawn in upper-90s heat, and the Supreme Court is still cruising without its usual last-month-of-the-term controversy and convolution."
Posted at 12:08 PM by Howard Bashman


"School race case eyed locally; High court decision could play role in Brown v. Board": This article appears today in The Topeka Capital-Journal.
Posted at 12:05 PM by Howard Bashman


Today's rulings of note from the U.S. Court of Appeals for the D.C. Circuit: As with the U.S. Supreme Court, often many of the D.C. Circuit's most interesting rulings come in the month of June.

Continuing that tradition, today the D.C. Circuit has issued four decisions of note:

1. Ruling on a mandamus petition related to the contentious Indian Trust litigation captioned Cobell v. Norton, a unanimous three-judge panel today issued a decision suppressing three reports that former Special Master Alan Balaran filed in the case because the special master had created a situation in which his impartiality might reasonably be questioned.

2. In today's second ruling of note, the majority on a divided three-judge panel rejected a challenge to the Federal Communication Commission's ruling that requires broadband and voice over Internet protocol (VoIP) providers to ensure that law-enforcement officers are able to intercept communications transmitted over the providers' networks.

3. Today's third ruling of note affirms the dismissal of a lawsuit against the United States and former Secretary of State and National Security Advisor, Dr. Henry A. Kissinger, seeking damages for actions allegedly taken in support of the Pinochet regime in Chile some 30 years ago.

4. And today's fourth ruling of note orders the dismissal of portions of a lawsuit challenging the manner in which the Superior Court of the District of Columbia has decided to appoint lawyers under the local Criminal Justice Act to handle juvenile delinquency cases.
Posted at 11:02 AM by Howard Bashman



"Specter ready to force showdown; GOP senator emerges as White House rival on legislative issues": This article appears today in The Boston Globe.
Posted at 10:50 AM by Howard Bashman


"In At Least One High Court Matter, Scalia Seeks the Shades of Gray": law.com's Tony Mauro provides this report.
Posted at 10:48 AM by Howard Bashman


"Security or coverup? How a murky case became precedent." Warren Richey had this article yesterday in The Christian Science Monitor.
Posted at 10:45 AM by Howard Bashman


"Tar Heels wanted for appeals court; Burr, Dole prod president for more N.C. presence": This article appears today in The Charlotte Observer.
Posted at 10:42 AM by Howard Bashman


In today's edition of The Newark (N.J.) Star-Ledger: An article reports that "Lawyers, judges sing Alito's praises at homecoming; Supreme Court Justice returns to Jersey roots."

And an article headlined "A top court liberal voice gets backing; Judiciary panel favors Long's reappointment" begins, "Justice Virginia Long, a generally liberal voice and a consistent vote against the death penalty, was approved by a Senate committee yesterday for reappointment to the New Jersey Supreme Court."
Posted at 10:40 AM by Howard Bashman



"Lawyers Won't End Squabble, So Judge Turns to Child's Play": Adam Liptak has this article today in The New York Times.

And The Orlando Sentinel yesterday contained an article headlined "Who needs law school? Judge resorts to child's play."

My earlier coverage appears here.
Posted at 07:30 AM by Howard Bashman



"For a Vegas Judge and His Friends, One Good Turn Led to Another; James Mahan got his jobs on the state and federal benches through the connections of old pal George Swarts; Things turned out well for Swarts too": The Los Angeles Times contains this lengthy article today.
Posted at 07:25 AM by Howard Bashman


"Specter Offers Compromise on NSA Surveillance": This article appears today in The Washington Post.
Posted at 07:23 AM by Howard Bashman


"Delaware Justices Uphold Ruling on Disney Severance": The New York Times contains this article today.

The Los Angeles Times reports today that "Ruling on Ovitz's Severance Is Upheld; Delaware's high court finds that Disney's board did not betray its duty to investors."

And The News Journal of Wilmington, Delaware reports that "Court's Disney ruling stands; Decision wraps up lengthy fight over severance package."

You can access yesterday's ruling of the Supreme Court of Delaware at this link.
Posted at 07:14 AM by Howard Bashman



"News gives lawyers glimmer of hope for Lay, Skilling": This article appears today in USA Today.

And last Sunday in The Houston Chronicle, Mary Flood had an article headlined "All rise: Judge garners praise; Jurors, others applaud Lake's handling of Lay and Skilling's trial."
Posted at 07:04 AM by Howard Bashman



Thursday, June 08, 2006

"Akaka Bill fails a vote in the Senate; The measure is not dead but will not be voted on in this session of Congress": The Honolulu Star-Bulletin provides this news update.

And The Honolulu Advertiser provides a news update headlined "Akaka bill fails to move to Senate floor debate."

You can access today's roll call tally from the U.S. Senate at this link.
Posted at 10:08 PM by Howard Bashman



"Doggone: Judge's pets must go; Supreme Court, Eastpointe team up to keep her terriers out of courtroom." This article appears today in The Detroit News.
Posted at 10:05 PM by Howard Bashman


The Kansas City Star is reporting: Today's newspaper contains articles headlined "Decision clears lesbian's path to foster parenthood; Missouri attorney general says new law decriminalizing homosexuality renders moot the case of KC woman" and "High court is last resort for Myrna Dick; Myrna Dick and her family will leave for San Diego a day before the Saturday deadline."
Posted at 09:10 PM by Howard Bashman


"Dole, Burr call for more N.C. judges on 4th Circuit court": The Associated Press provides this report.
Posted at 09:02 PM by Howard Bashman


The law may yet enforce a remedy in favor of clergyman who claims that he was unlawfully forced to give up his job as a law enforcement officer: Circuit Judge Michael W. McConnell today issued an opinion on behalf of a unanimous three-judge Tenth Circuit panel that begins:
Plaintiff-Appellee Rex Shrum is both a law enforcement officer and a clergyman. After eight apparently successful years of juggling the two responsibilities, his relationship with the management of the police department soured, and the Chief of Police allegedly rearranged Officer Shrum's work schedule so it would conflict with his duties as a minister. Forced to choose between his police and his ministerial responsibilities, Officer Shrum resigned from the police department and filed this lawsuit. We must now decide whether the City of Coweta and the Chief of Police violated Officer Shrum's constitutional rights to freedom of association, free exercise of religion, and substantive due process.
You can access the complete ruling at this link.
Posted at 08:45 PM by Howard Bashman


"Kennedy Made Me Do It: How one Supreme Court Justice makes all conservatives stupid." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 05:30 PM by Howard Bashman


"Supreme Court Shakespeare: Slate legal writer Dahlia Lithwick talks speech wall, Supreme Court." This profile appears in the current issue of C-Ville Weekly. Thanks to John Rosenberg for the pointer.
Posted at 05:15 PM by Howard Bashman


"How I Became A Famous Weblogger and Achieved Rock Star Status as a Lawyer": There are days such as today when Evan Schaeffer would "even settle for a link from Howard Bashman." Consider it done.
Posted at 04:11 PM by Howard Bashman


"The District of Columbia Court of Appeals is pleased to announce a new service to the public, streaming audio, which permits internet access to oral arguments as they occur." So states the home page of the web site of the District of Columbia Court of Appeals. The Washington Post provides this report (second item). Despite pervasive confusion, the District of Columbia Court of Appeals still isn't the U.S. Court of Appeals for the D.C. Circuit.
Posted at 03:00 PM by Howard Bashman


"Cornwall Outcry Spurs A License Plate Debate": "Choose Life" plates are the subject of this article published today in The Litchfield (Conn.) County Times.
Posted at 01:58 PM by Howard Bashman


California agricultural growers' medfly-related challenge to USDA rule permitting the importation of Spanish clementines doesn't fly, Ninth Circuit rules: You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 01:55 PM by Howard Bashman


"A practice has developed in this court of writing dissents from denial of rehearing en banc consideration as a matter of routine." Today Ninth Circuit Judge Marsha S. Berzon issued an opinion concurring in the order denying the petition for rehearing en banc that begins:
I begin by explaining why I am writing this concurrence: A practice has developed in this court of writing dissents from denial of rehearing en banc consideration as a matter of routine. Those dissents sometimes read more like petitions for writ of certiorari than judicial opinions of any stripe. They pose a dilemma for those who believe the original opinion correct, as they may raise issues not addressed by that opinion because not articulated by the parties before the petition for rehearing stage--or ever.

The result, absent some response, is a distorted presentation of the issues in the case, creating the impression of rampant error in the original panel opinion although a majority--often a decisive majority--of the active members of the court either perceived no error or thought the case not one of much consequence. At the same time, answering the newly raised contentions by amending the panel opinion is usually not feasible. The court has voted not to rehear en banc the original opinion and ought not to have to accept a new version without a second opportunity to determine whether the opinion deserves en banc consideration. The result, quite obviously, could be a form of infinite regression which precludes us from ever finally deciding the case.

In this case, Judge Kozinski writes an impassioned dissent from denial of en banc consideration, accusing the panel majority of all manner of judicial perfidy. The problem is that his accusations are either flat wrong or indicate a misunderstanding of the holdings in the panel opinion. As the author of the panel opinion, I have no choice but to try to set the record straight. So as to avoid establishing a new tradition of group concurrences in denial of en banc to match the group dissents, I intentionally write for myself alone, without the concurrence of any of my colleagues.

You can access today's order denying rehearing en banc, together with Judge Berzon's concurrence and two opinions dissenting from the order, at this link.
Posted at 01:48 PM by Howard Bashman


In news from Hawaii: The Honolulu Advertiser today contains articles headlined "Close vote expected today for Akaka bill" and "Senators get an earful on Hawaiian recognition bill."

And The Honolulu Star-Bulletin reports today that "Akaka Bill opponents occupy Iolani Palace."
Posted at 01:05 PM by Howard Bashman



Supreme Court of Virginia grants death row inmate Daryl Atkins a new trial to prove whether he is mentally retarded: You can access today's ruling at this link. In early press coverage, The Associated Press reports that "Va. Death Row Inmate Wins New Trial."

In June 2002, in the case of Atkins v. Virginia involving this very same inmate, the U.S. Supreme Court held that the Eighth Amendment prohibits the execution of mentally retarded inmates.
Posted at 12:30 PM by Howard Bashman



In an amazing coincidence: Last Friday night, law.com posted online the newest installment of my weekly "On Appeal" column, headlined "Which Federal Appellate Court Has the Best Web Site?"

Therein, I offered a bit of constructive criticism for the Tenth Circuit's web site: "[F]or whatever reason, that court hosts its opinions online for only 90 days after issuance. Given how inexpensive online storage has become, I can conceive of no reason why a federal appellate court would terminate access after such a brief period."

On Tuesday of this week, the Tenth Circuit scrapped its earlier method of posting opinions online and replaced it with this new opinions page that offers access to all Tenth Circuit opinions dating back to 1995. I congratulate the Tenth Circuit on this quite timely improvement of its beautifully redesigned web site.
Posted at 12:15 PM by Howard Bashman



"Judge to hold private review of AT&T case": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "The judge in a lawsuit that accuses AT&T of turning over millions of customer records to the federal government for illegal surveillance says he must examine government evidence about the spying program in secret before deciding whether to dismiss the case."
Posted at 12:10 PM by Howard Bashman


"Former Chief Judge Markey will be interred on June 23, 2006 at Arlington National Cemetery": The U.S. Court of Appeals for the Federal Circuit has posted this notice at its web site.
Posted at 12:04 PM by Howard Bashman


For a third time, the Federal Circuit considers the case of Xerox Corp. v. 3Com Corp., a lawsuit that began when Xerox alleged that one of its patents was infringed by 3Com's "Graffiti" system for handwriting recognition used with 3Com's PalmPilot handheld digital devices: You can access today's ruling of the U.S. Court of Appeals for the Federal Circuit -- a ruling that all but guarantees that the case will return yet again for another appeal -- at this link.
Posted at 12:00 PM by Howard Bashman


"In this appeal, we consider the nature of damages that can be recovered as the result of the failure by a funeral home that caters to members of the Jewish faith to ensure that orthodox ritual requirements are met when the rituals have been requested by a member of the deceased's family." So begins an opinion that a unanimous three-judge panel of the Superior Court of New Jersey, Appellate Division, issued today. According to the opinion, the ritual that had been requested, but not complied with, is where "watchers or shomerim conduct a continuous vigil or shmeerah over the body of the deceased until the time of the funeral." Some additional background on the ritual is available via this link.
Posted at 11:48 AM by Howard Bashman


"Justice Delayed: For Global Court, Ugandan Rebels Prove Tough Test; African Politics, Tactical Fights Hamper Chief Prosecutor; No Trial Date in Sight; Who Will Arrest Mr. Kony?" Jess Bravin has this front page article (pass-through link) today in The Wall Street Journal.
Posted at 11:35 AM by Howard Bashman


Available online at Slate: Jack Shafer has a press box essay entitled "Wen Ho Ho Ho Lee Gets Last Laugh: Gauging the fallout from the legal settlement."

And Jacob Weisberg has an essay entitled "The Gay Panic Button: Why pressing it won't work this time."
Posted at 09:10 AM by Howard Bashman



"Judge's Loss Stuns Experts; Election system and the jurist's Latvian name are cited; Winner is a lawyer and shopkeeper": The Los Angeles Times today contains an article that begins, "The rare defeat of a highly regarded sitting judge ousted from the bench Tuesday by a bagel store owner who'd barely practiced law in the last decade sent a jolt through Los Angeles County legal circles, leading some to question whether the system to select judges needs overhauling."
Posted at 08:55 AM by Howard Bashman


"Schoolteacher's firing upheld; Ursuline had right to terminate woman who dissented on abortion, court says": The News Journal of Wilmington, Delaware contains this article today.

And The Philadelphia Inquirer reports today that "Teacher's suit over firing tossed; She signed on to an abortion-rights ad, then was dismissed; Appeals judges threw out the case."
Posted at 08:54 AM by Howard Bashman



"Senate Rebuffs Same-Sex Marriage Ban": This article appears today in The New York Times.

The Washington Post reports today that "Gay Marriage Amendment Fails in Senate."

The Los Angeles Times reports that "Senate Blocks Ban on Gay Marriage; A proposed amendment to the Constitution can't muster enough support for an up-or-down vote; A House measure is seen as similarly doomed."

The Chicago Tribune reports that "Same-sex marriage ban fails in Senate."

The San Francisco Chronicle reports that "Senate marriage ban amendment rejected."

The Washington Times reports that "Senate halts marriage amendment."

The Denver Post reports that "Nuptials ban flops in Senate; 'One man, one woman' fails to get even 50 votes."

The Boston Globe reports that "Gregg cites states' rights in voting against amendment; N.H. senator reverses stance taken in 2004."

USA Today reports that "GOP still plans to make issue of gay marriage; Amendment falls far short in Senate vote."

And The Hill reports that "Marriage amendment fails to garner majority."
Posted at 07:40 AM by Howard Bashman



"Republicans opposed to abortion ban lose in S.D." USA Today contains this article today.

And The Rapid City (S.D.) Journal reports today that "Conservative victories mark trend."
Posted at 07:30 AM by Howard Bashman



"In Las Vegas, They're Playing With a Stacked Judicial Deck; Some judges routinely rule in cases involving friends, former clients and business associates -- and in favor of lawyers who fill their campaign coffers": This lengthy article appears today in The Los Angeles Times. And a related article is headlined "A Judge Who Isn't Playing by Fast and Loose Rules."
Posted at 07:20 AM by Howard Bashman


"Block of Chestnut Street named for federal judge": The Philadelphia Inquirer contains this news brief today.
Posted at 07:15 AM by Howard Bashman


"Inmate's Execution Still Set for Tonight; Stay Voided for Man Experts Say Is Retarded": This article appears today in The Washington Post.

And The Richmond Times-Dispatch today contains an article headlined "Does killer grasp death? Experts say he has schizophrenia; can he comprehend penalty?"

On March 9, 2006, I provided this coverage of the en banc Fourth Circuit's sharply divided ruling on this case.
Posted at 07:05 AM by Howard Bashman



On the editorial page of today's edition of The New York Times: An editorial entitled "One Down, One to Go" begins, "Now that the Republican leaders in the Senate have finished wasting the nation's time over a constitutional ban on gay marriage, we're bracing for Act Two of the culture-war circus that the White House is staging to get out the right-wing vote this fall. Senator Bill Frist, the majority leader, plans to continue to set aside work on pressing issues facing the country to vote on yet another unworthy constitutional amendment -- a prohibition on burning the American flag."

And an editorial entitled "When Drug Firms Pay Off Competitors" begins, "We hope that the Supreme Court agrees to take up a pivotal drug patent case brought by the Federal Trade Commission against Schering-Plough."
Posted at 06:55 AM by Howard Bashman



USA Today publishes interview with retired Justice Sandra Day O'Connor: The interview, published today, appears in two parts -- "Reflections of a retired justice: Sandra Day O'Connor says judicial independence is imperiled and electing judges is not wise; The immigration debate? Spanish was her grandmother's first language" and "Civics and America's 400th anniversary."
Posted at 06:44 AM by Howard Bashman


"The Supreme Court Grants Review in Two Cases Regarding Public Schools' Use of Race In Pupil Placement - And Thus Confronts the Question of How To Define Brown's Legacy": Edward Lazarus has this essay online today at FindLaw.
Posted at 06:35 AM by Howard Bashman


Wednesday, June 07, 2006

"State's high court to decide on parolees' votes": This article appears today in The Denver Post.

And The Rocky Mountain News reports today that "Court to weigh parolees' rights; ACLU claim fights current state law."
Posted at 11:30 PM by Howard Bashman



Available online from law.com: Marcia Coyle has an article headlined "June May Be Test for Roberts Court; Some say justices' unanimity has been reached through narrow opinions, but will trend hold up under wave of heavyweight cases?"

Shannon P. Duffy reports that "3rd Circuit Denies Fired Teacher's Suit Over Support for Abortion Rights."

And in other news, "2nd Circuit Rejects 'Blended' Rate for Solo's Work."
Posted at 10:25 PM by Howard Bashman



In today's edition of The Daily Journal of California: Lawrence Hurley has an article headlined "Milberg's Troubles Foul Its Political Largesse; Washington's Ethics Scandal and Federal Indictment Makes Democratic Wellspring Untouchable."

And Peter Blumberg, editor of the San Francisco Daily Journal, has an essay entitled "Immigration Curiously Untouched in Partisan Poking of Judicial Nominees; Judicial Picks Get Immigration Pass."
Posted at 10:20 PM by Howard Bashman



"Trinidad Follows Court Order, Replacing Trinity Cross": The "Religion Clause" blog offers this post today about the aftermath of a decision that the High Court of Justice of the Republic of Trinidad and Tobago issued on May 26, 2006.
Posted at 10:00 PM by Howard Bashman


"Amendment to ban gay marriage fails in Senate": James Kuhnhenn of Knight Ridder Newspapers provides this report.

And this evening's broadcast of NPR's "All Things Considered" contained an audio segment entitled "Senate Rejects Amendment to Ban Gay Marriage" (RealPlayer required).
Posted at 08:50 PM by Howard Bashman



"Last stand for property-rights activists; A year after high court's key decision, New London, Conn., voted to evict homeowners": Warren Richey will have this article Thursday in The Christian Science Monitor.
Posted at 07:25 PM by Howard Bashman


"Justices Must Hear Latest Greenhouse-Gas Case": Timothy J. Dowling has this op-ed today in The Daily Journal of California.
Posted at 05:05 PM by Howard Bashman


"3rd Circuit Denies Suit by Teacher Over Right to Support of Abortion": law.com's Shannon P. Duffy provides this news update.
Posted at 04:10 PM by Howard Bashman


A threat by police to arrest a suspect's girlfriend and put the couple's child in foster care if the suspect did not confess does not make the confession involuntary if the threat is truthful: Circuit Judge Frank H. Easterbrook issued this interesting opinion today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit.
Posted at 04:04 PM by Howard Bashman


"Judge orders lawyers to play game: Acrimonious attorneys told to settle dispute by playing a round of 'rock, paper, scissors.'" Fortune Magazine provides this report. A copy of the original order can be viewed at this link (thanks to every last person who has sent this along since yesterday!).
Posted at 03:55 PM by Howard Bashman


Equitable tolling of the deadline for a state prisoner to file a federal habeas petition because the prison law library failed to provide Spanish-language books or Spanish-speaking clerks or librarians to assist Spanish-speaking inmates: The majority on a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit today breathes new life into this equitable tolling argument. You can access today's ruling at this link. Circuit Judge Andrew J. Kleinfeld's dissenting opinion is also very much worth a look.
Posted at 03:45 PM by Howard Bashman


"Gay Marriage Amendment Fails in U.S. Senate": This audio segment (RealPlayer required) appeared on today's broadcast of NPR's "Day to Day."
Posted at 03:40 PM by Howard Bashman


"Jury Trials: Could 'CSI' ruin our criminal justice system?" Charles Loeffler has this essay (pass-through link) online today at The New Republic.
Posted at 03:40 PM by Howard Bashman


"A Modest Proposal For Supreme Court Reform": This post appears today at "OrinKerr.com."
Posted at 03:35 PM by Howard Bashman


"Fired Catholic school teacher loses appeal": The News Journal of Wilmington, Delaware provides a news update that begins, "The Catholic school teacher who was fired from her job for signing an advertisement supporting abortion rights has lost her appeal." You can access today's ruling of the U.S. Court of Appeals for the Third Circuit at this link.
Posted at 03:25 PM by Howard Bashman


"Senate Rejects Gay Marriage Ban": The Associated Press provides this report. According to the article, "The 49-48 vote fell 11 short of the 60 required to send the matter for an up-or-down tally by the full Senate."

Update: The official roll call vote tally can be viewed at this link.
Posted at 10:43 AM by Howard Bashman



"Bible-Based Prison Treatment Program Shelved": This audio segment (RealPlayer required) appeared on today's broadcast of NPR's "Morning Edition." I previously collected additional coverage at this link.
Posted at 09:50 AM by Howard Bashman


Available today at National Review Online: An editorial is entitled "A Vote for Marriage."

And Peter Kirsanow has an essay entitled "Sue U.S.: We're asking for it if we pass the Akaka bill."
Posted at 09:45 AM by Howard Bashman



"How to humanize a killer: Defense teams in capital cases research their clients' childhood -- and conduct often-harrowing interviews with the clients' families -- to evoke sympathy from juries' Critics call mitigation evidence the 'abuse excuse.'" Sarah Elizabeth Richards has this article today at Salon.com.
Posted at 09:44 AM by Howard Bashman


The Associated Press is reporting: Now available online are articles headlined "Gay Marriage Amendment Carries New Support" and "Night Stalker Appeals Death Sentence."
Posted at 08:52 AM by Howard Bashman


"Boom of the Judicial Canon; Ally of White House Counsel Is Under Fire in Texas": The Washington Post today contains an article that begins, "In Texas, calling someone a 'spokesman' comes close to fighting words. Take the case of the Honorable Nathan L. Hecht, a justice of the Supreme Court of Texas and a well-known conservative jurist. A longtime friend of White House counsel Harriet Miers, Hecht gave more than 120 media interviews during her failed Supreme Court nomination."
Posted at 07:25 AM by Howard Bashman


"Senate Emphasis on Ideology Has Some in G.O.P. Anxious": The New York Times contains this article today.

The Washington Times reports today that "Marriage measure doomed in Senate."

The Chicago Tribune contains an article headlined "Gay leader: Marriage issue a fake; Says GOP trying to obscure nation's deeper problems."

The Philadelphia Inquirer reports that "Pa. moves to ban same-sex marriage; The state House approved, by 136-61, a constitutional amendment that would shore up an existing law."

The Pittsburgh Post-Gazette reports that "Pa. House passes gay marriage ban."

The Harrisburg Patriot-News contains articles headlined "Could marriage debate do harm to Santorum?" and "House votes to bolster marriage law."

In The Washington Post, Dana Milbank's Washington Sketch column is headlined "For Foes of Same-Sex Marriage, It's the Thought That Counts."

In The Boston Globe, columnist Jeff Jacoby has an op-ed entitled "A civil debate on gay marriage."

And in The Los Angeles Times, David Link has an op-ed entitled "He dares not speak its name; In avoiding the word 'gay,' the president defines same-sex marrige as only a hetero issue."
Posted at 07:20 AM by Howard Bashman



"Senate to consider letting Hawaiians pursue sovereignty": This article appears today in The Washington Times.

And The New York Times today contains an editorial entitled "A Chance for Justice in Hawaii."
Posted at 07:12 AM by Howard Bashman



"When public employees speak": The Chicago Tribune contains this editorial today.
Posted at 07:10 AM by Howard Bashman


"'Honest services' law vexes defense lawyers in fraud cases": This article appears today in The Chicago Tribune.
Posted at 07:04 AM by Howard Bashman


"Separation hypocrisy: Congress isn't so excited about separation of powers when it comes to the judiciary." The Los Angeles Times contains this editorial today.
Posted at 07:00 AM by Howard Bashman


"One Step Closer to Eviction; The City Council of New London, Conn., votes to oust the two plaintiffs holding out in their homes in a landmark eminent domain case": This article appears today in The Los Angeles Times.
Posted at 06:55 AM by Howard Bashman


In news from Louisiana: The New York Times reports today that "Louisiana Governor Plans to Sign Anti-Abortion Law."

And The Advocate of Baton Rouge reports today that "Panel edits Ten Commandments; Committee rewords religious phrases."
Posted at 06:50 AM by Howard Bashman



"Justice Kennedy's Culture War: How gay marriage became a federal case, alas." This editorial (free access) appears today in The Wall Street Journal.
Posted at 06:38 AM by Howard Bashman


In news from Alabama: The Montgomery Advertiser today contains articles headlined "Riley slams door on Moore; Baxley defeats Siegelman" and "Nabers defeats Parker in chief justice battle."

The Birmingham News reports today that "GOP picks Riley; Democrats, Baxley" and "Nabers leads victorious incumbents."

The Mobile Press-Register reports that "Riley and Baxley will square off in Alabama governor race" and "Supreme Court incumbents fend off challenges."

And The New York Times reports that "Alabama Governor Defeats Former Justice in Primary."
Posted at 06:35 AM by Howard Bashman



"Why the Supreme Court Got It Wrong When It Rejected a Government Whistleblower's First Amendment Claim": Jesselyn Radack has this essay online today at FindLaw.
Posted at 06:30 AM by Howard Bashman


Tuesday, June 06, 2006

"Of Clerks and Perks: Why Supreme Court justices have more free time than ever--and why it should be taken away." Stuart Taylor Jr. and Benjamin Wittes have this essay in the July/August 2006 issue of The Atlantic Monthly. Thanks to "Althouse" for the pass-through link.
Posted at 11:54 PM by Howard Bashman


"High Court Finds School Desegregation Plans Ripe for Review": Brent Kendall has this article today in The Daily Journal of California. Earlier today, I collected additional, related press coverage at this link.
Posted at 10:54 PM by Howard Bashman


"White House renews push for nominees": The Hill on Wednesday will contain an article that begins, "White House officials are making a concerted effort to cooperate with outside conservative groups to support and defend President Bush’s nominees to the federal bench, and they are also planning to work more closely with the Senate on confirming the nominees."
Posted at 09:25 PM by Howard Bashman


"Tomorrow, June 7th, at 11:00 a.m., 'Judge Edward R. Becker Way,' also known as the 500 block of Chestnut Street, will be officially dedicated by Governor Rendell and Mayor Street": The event is open to the public. Those who cannot attend in person can at least enjoy a photograph of the street sign.
Posted at 08:15 PM by Howard Bashman


"Bush gives blessing to gay marriage ban; Fears of election defeat have prompted the President to try to appease his disaffected supporters": This article appears today in The Times of London.

The Denver Post reports today that "GOP on wedding march; Bush backs effort to ban gay marriage; Critics say the push, led by Colorado Sen. Allard, is an election-year ploy; Backers cite children's well-being."

And The Rocky Mountain News contains articles headlined "New push for marriage; Allard again seeking amendment banning same-sex unions" and "Here comes the money; Ballot measures on gay relationships bring out donations," along with an op-ed by columnist Mike Littwin entitled "What a perfect time for a distraction."

Earlier today, I collected additional, related news coverage at this link.
Posted at 05:58 PM by Howard Bashman



The Third Circuit's library wants you to behave yourself: The en banc U.S. Court of Appeals for the Third Circuit yesterday issued this order adopting a library "Policy on Access, Services and Conduct." Now we can reminisce about a time when people knew how to behave in a federal appellate court's library without the need for an official, court-adopted policy.

Fans of this blog's intermittent library-related appellate coverage may enjoy these posts (here and here) from October 2003.
Posted at 05:20 PM by Howard Bashman



Newdow round two on appeal to the Ninth Circuit: As I noted the other day in this post, round two of attorney Michael A. Newdow's challenge to the Pledge of Allegiance is now pending on appeal before the U.S. Court of Appeals for the Ninth Circuit after Newdow's clients won in the district court.

I have now obtained the federal government's opening brief on appeal, and I have posted it online here. My earlier post linked to another party's opening Ninth Circuit brief.

My initial analysis of the district court ruling now on appeal can be found in a post titled "In holding that the Ninth Circuit's Pledge of Allegiance ruling, even after being reversed by the U.S. Supreme Court, requires the U.S. District Court for the Eastern District of California to hold that recitation of the Pledge in public schools is unconstitutional, today's ruling is really, really wrong."
Posted at 04:05 PM by Howard Bashman



"Storm Warning: An EPA decision to ignore global warming calls for Supreme Court attention." Jennifer Bradley and Timothy J. Dowling of Community Rights Counsel have this op-ed (free access) in this week's issue of Legal Times.
Posted at 03:25 PM by Howard Bashman


"In this case, a California state prisoner sent a complaint to the district court before he had exhausted his administrative remedies within the state prison system. He did, however, exhaust those remedies by the time the district court granted him permission to file his complaint in forma pauperis under 28 U.S.C. § 1915." In a state prisoner's federal lawsuit challenging prison conditions, today a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit ruled that the Prison Litigation Reform Act of 1995 "requires that a prisoner exhaust administrative remedies before submitting any papers to the federal courts," and therefore the prisoner's lawsuit must be dismissed because it was presented to the court before the prisoner had exhausted his administrative remedies. You can access today's decision at this link.
Posted at 03:20 PM by Howard Bashman


"Major Third Circuit ruling on post-Booker burden of proof": At the "Sentencing Law and Policy" blog, Doug Berman has this post about a 2-1 ruling that the U.S. Court of Appeals for the Third Circuit issued today.

A footnote on the front page of the opinion states that "This appeal was argued before the panel of Judges Sloviter, Fisher and Rosenn. The quorum was reconstituted to include Chief Judge Scirica after the death of Judge Rosenn." Circuit Judge D. Michael Fisher wrote today's majority opinion, in which Chief Judge Anthony J. Scirica joined. Circuit Judge Dolores K. Sloviter wrote a dissenting opinion.

Those familiar with the jurisprudence of Senior Circuit Judge Max Rosenn may speculate that his replacement on the panel by Chief Judge Scirica may have changed the outcome of this appeal. I do not know whether the Third Circuit uses random assignment to reconstitute panels, or whether (as was once all the rage in the Sixth Circuit) the Chief Judge can just select himself or whomever else he wants.

Update: Additional coverage of the ruling appears here at the blog "Decision of the Day."
Posted at 03:08 PM by Howard Bashman



"State high court to consider parolees' right to vote": The Denver Post provides this news update.
Posted at 03:00 PM by Howard Bashman


"Island leaders lobby for Akaka bill": The Honolulu Advertiser today contains an article that begins, "Backers of the Native Hawaiian recognition bill kicked off a lobbying blitz yesterday in advance of an expected procedural vote Thursday in the Senate, where the bill has been stalled since July."
Posted at 11:28 AM by Howard Bashman


"A Pandora's Box of Ethnic Sovereignty: Race-based Hawaii, an island we don't want to travel to." Peter Kirsanow has this essay today at National Review Online.

And online at The Weekly Standard, Duncan Currie has an essay entitled "Aloha Means Goodbye: Will the Senate vote for Hawaiian separatism?"
Posted at 11:15 AM by Howard Bashman



"The Return of Equality? The Supreme Court will consider affirmative action again." Roger Clegg has this essay today at National Review Online.
Posted at 11:14 AM by Howard Bashman



Seventh Circuit Judge Richard A. Posner talks about the law and intelligence gathering: This past Saturday's broadcast of C-SPAN's "America & the Courts" program is available online and can be accessed by clicking here (RealPlayer required).
Posted at 11:04 AM by Howard Bashman


"Panel Shopping and Voluntary Mooting: A Problem Worth a Solution?" Steve Vladeck has this post today at "PrawfsBlawg." The post mentions my recent law.com column titled "Who's on the Argument Panel: Why Ignorance Isn't Bliss."
Posted at 11:00 AM by Howard Bashman


"British Couple Wants Gay Marriage Ratified": The Associated Press provides a report that begins, "Two women asking Britain to recognize their Canadian same-sex marriage told a court Tuesday that calling their relationship a civil partnership violated their human rights."

The Times of London provides a news update headlined "Lesbians demand UK recognises foreign marriage."

And BBC News reports that "Lesbian couple fight legal status; A lesbian couple from North Yorkshire who were married in Canada have pleaded with a High Court judge to give their union full legal status in the UK."
Posted at 10:28 AM by Howard Bashman



"Ruling lets city regulate guns; State high court in rare deadlock; Denver's suit claimed that a 2003 state law wrongly pre-empted many of the city's firearm ordinances": This article appears today in The Denver Post.

And The Rocky Mountain News reports today that "Denver gun laws stand, but issue left unresolved."

My earlier coverage appears at this link.
Posted at 10:20 AM by Howard Bashman



"Abortion ban clears Legislature; Blanco is expected to sign bill into law": The Times-Picayune of New Orleans today contains an article that begins, "The Senate sent to Gov. Kathleen Blanco on Monday a bill that would ban most abortions in the state but only if the U.S. Supreme Court overturns the landmark 1973 Roe v. Wade decision legalizing the procedure."
Posted at 10:02 AM by Howard Bashman


Raich plus one: One year ago today, the Supreme Court of the United States issued its decision in Gonzales v. Raich. And one year ago tomorrow, I posted this extensive collection of news reports about the ruling.
Posted at 09:35 AM by Howard Bashman


"Connecticut City Takes First Step to Evict in Eminent Domain Case": The New York Times contains this article today.

And The Day of New London, Connecticut reports today that "City Votes To Proceed With Property Seizures; Another Resident of Fort Trumbull settles; Two Remain."
Posted at 09:32 AM by Howard Bashman



"'Choose Life' Plates Problematic": This editorial appears today in The Hartford Courant.
Posted at 09:28 AM by Howard Bashman


"Junk Bonds: What baseball can teach us about anti-discrimination law." Law Professor Richard Thompson Ford has this jurisprudence essay online at Slate.
Posted at 09:22 AM by Howard Bashman


"Maybe Not Scalito: An early encouraging sign from Justice Alito." This editorial appears today in The Washington Post.

And yesterday, that newspaper published an editorial entitled "A Free-Speech Puzzle: The Supreme Court limits the reach of the First Amendment."
Posted at 09:18 AM by Howard Bashman



"Analysis: an unanswered, delicate race question." Lyle Denniston has this post at "SCOTUSblog."
Posted at 09:15 AM by Howard Bashman


"Court to Revisit Race in Schools; Integration plans across the nation could be in the balance as the Supreme Court agrees to hear constitutional challenges in two cities": David G. Savage has this article today in The Los Angeles Times. The newspaper also reports that "Ruling Against Integration Plans Could Add to L.A. Schools' Burden."

In USA Today, Joan Biskupic reports today that "Justices to look at race-based school policy; Cases focus on public education."

The Baltimore Sun reports that "Race-school cases get hearing; Supreme Court to consider affirmative action in public education."

Bob Egelko of The San Francisco Chronicle reports that "Justices take cases on race-based enrollment; But Prop. 209 means California schools likely to be unaffected."

The Washington Times reports that "Court takes 2 race-based school-assignment cases."

The Hartford Courant reports that "Court Takes On Race Case; School Desegregation Could Be Affected."

The Louisville Courier-Journal reports that "Supreme Court to hear Jefferson's school suit; Parent is fighting the use of race for enrollment."

The Seattle Post-Intelligencer reports that "Supreme Court to hear Seattle schools race case."

The Seattle Times reports that "Whatever the ruling, tiebreaker may be moot."

And The New York Sun contains an editorial entitled "Roberts's Rules."
Posted at 07:20 AM by Howard Bashman



"Supreme Court to hear Washington case": The Seattle Times today contains an article that begins, "The U.S. Supreme Court said Monday it will consider whether inmates can reopen challenges to prison sentences based on a court ruling two years ago that limited judges' discretion in sentencing criminal defendants."
Posted at 07:10 AM by Howard Bashman


"Conservatives Watching Senate Debate on Gay Marriage": The New York Times contains this article today.

The Washington Post today contains articles headlined "Debate Begins On Gay Marriage; President Backs Proposal Affirming Traditional Union" and "Now Playing in Senate: A GOP Double Bill." In addition, columnist E.J. Dionne Jr. has an op-ed entitled "Base Assumptions: Why Should the Faithful Believe Bush Now?"

The Los Angeles Times reports that "Senate Debates Measure to Ban Gay Marriage; The constitutional amendment is seen as a GOP effort to appeal to conservative voters."

The Boston Globe reports that "President rips SJC on gay marriage; Pushes for ban in nod to social conservatives."

The Chicago Tribune reports that "Bush backs amendment on marriage; Senate to begin debate on bid to ban same-sex nuptials."

USA Today reports that "Debate on gay-marriage ban splits Senate, public; Amendment is unlikely to pass, both sides say."

Knight Ridder Newspapers report that "Bush reiterates support for amendment banning gay marriage."

The Wall Street Journal reports that "Republicans Reignite Hot-Button Issues; Senate Votes on Gay Marriage, Estate Tax Are Aimed at Rallying Conservative Base" (free access).

The Houston Chronicle reports that "Bush turns up heat to prevent same-sex marriages; He again calls for amendment to ban such unions, but it's unlikely to pass."

The Washington Times reports that "Bush pushes Hill on marriage measure."

The Hill contains articles headlined "Right just doesn't get Sen. Frist" and "Reid straddles line on marriage amendment."

And in The Philadelphia Inquirer, political analyst Dick Polman has an article headlined "Gay issue is back, but too late for the right?"
Posted at 07:00 AM by Howard Bashman



"Mohawk wins RICO case ruling; Workers upset about illegals": This article appears today in The Atlanta Journal-Constitution.
Posted at 06:55 AM by Howard Bashman


"Ruling pulls Herrera from bribe suit": Bob Egelko has this article today in The San Francisco Chronicle. My earlier coverage appears here.
Posted at 06:54 AM by Howard Bashman


"In for Life? Not Him; Prisons can't seem to keep Richard McNair confined; After his third escape, the convicted murderer is still at large, leaving tantalizing clues." This front page article appears today in The Los Angeles Times.
Posted at 06:40 AM by Howard Bashman


"In Wen Ho Lee Case, a Blow To Journalists After the Fact": Charles Lane has this article today in The Washington Post.
Posted at 06:33 AM by Howard Bashman


"For Law Firm, Serial Plaintiff Had Golden Touch": This article appears today in The New York Times.
Posted at 06:25 AM by Howard Bashman


Monday, June 05, 2006

"Court to Weigh Race as Factor in School Rolls": Linda Greenhouse will have this article Tuesday in The New York Times.

And Tuesday in The Washington Post, Charles Lane will report that "Justices to Hear Cases of Race-Conscious School Placements."
Posted at 10:23 PM by Howard Bashman



"Supreme Court gives US companies armour against racketeering lawsuits": Patti Waldmeir has this article in Tuesday's edition of Financial Times.
Posted at 10:20 PM by Howard Bashman


"Blawg Review #60": It was scheduled to appear at "The Trademark Blog," but apparently this rendition was adjudged "not by any measure a Blawg Review," so the sixtieth installment of Blawg Review instead appears here at "Blawg Review."
Posted at 10:00 PM by Howard Bashman


"The Supreme Court Finds No First Amendment Protection for Government Employee Speech Pursuant to Official Duties": Michael C. Dorf has this essay online today at FindLaw.
Posted at 09:55 PM by Howard Bashman


"High Court to Tackle Race in Schools; Justices Also Cut Back Reach Of Federal Racketeering Law With RICO-Suit Dismissal": Jess Bravin and Ben Winograd will have this article (pass-through link) Tuesday in The Wall Street Journal.
Posted at 09:54 PM by Howard Bashman


"Looking Backward, Looking Forward: The Legacy of Chief Justice Rehnquist and Justice O'Connor." The April 2006 issue of The Stanford Law Review is now available online. You can access the table of contents here, and the full text of all the tributes and articles can be accessed via this link (scroll down to the bottom of the page).
Posted at 08:58 PM by Howard Bashman


"High court to hear key school race cases; Ruling could clarify how far states can go to promote diversity": CNN.com provides this report.

And on this evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment entitled "High Court to Review Race in Shaping Schools" (RealPlayer required).
Posted at 08:45 PM by Howard Bashman



"Court to Hear Challenge to Race-Based School Admissions": David G. Savage of The Los Angeles Times provides this news update.

And The Louisville Courier-Journal provides a news update headlined "Jefferson schools to defend desegregation policy before U.S. Supreme Court; Case being combined with Seattle tiebreaker plan."
Posted at 05:58 PM by Howard Bashman



Warren Richey is reporting: Tuesday in The Christian Science Monitor, he will have articles headlined "High court to examine race-balancing schools; Louisville, Ky., and Seattle districts promote diversity by using race to determine where students attend" and "No relief for reporters seeking to shield sources."
Posted at 05:55 PM by Howard Bashman


"Must an entire government law office be disqualified whenever the office head has a conflict because he or she previously represented a client in private practice?" A divided Supreme Court of California today issued an opinion answering this question in the affirmative in a case involving the San Francisco City Attorney's Office.
Posted at 04:45 PM by Howard Bashman


"High Court to Hear Public School Affirmative Action Cases": law.com's Tony Mauro provides this news update.
Posted at 04:25 PM by Howard Bashman


"Padilla Lawyer Wants Key Evidence Tossed": The Associated Press provides this report.
Posted at 04:12 PM by Howard Bashman


"Alito Opinion Draws Wrath of Scalia": law.com's Tony Mauro provides this news update. My earlier coverage appears here.
Posted at 03:55 PM by Howard Bashman


On today's broadcast of NPR's "Day to Day": The broadcast contained segments entitled "Slate's Jurisprudence: Affirmative Action in Schools" (featuring Dahlia Lithwick) and "Comparing Gay Marriage Amendment to the Other 27." RealPlayer is required to launch these audio segments.
Posted at 03:54 PM by Howard Bashman


"Bush Rallies Gay Marriage Opponents": The Associated Press provides a report which notes that "Bush criticized judges who have overturned state laws similar in intent to the proposed legislation. 'Marriage is the most fundamental institution of civilization, and it should not be redefined by activist judges,' he said."

The complete text of President Bush's remarks from this afternoon can be accessed here.
Posted at 03:44 PM by Howard Bashman



The Associated Press is reporting: Gina Holland reports that "High Court Refuses Newspaper Press Fight."

And in other news, "Gay Marriage Ban Short of Votes in Senate."
Posted at 02:12 PM by Howard Bashman



"New London preparing for evictions in eminent domain dispute": The Associated Press provides a report that begins, "City officials were preparing Monday to begin eviction proceedings against residents who refuse to leave their coastal Connecticut homes, a move that could signal the end is near in an eminent domain dispute that reached the U.S. Supreme Court."
Posted at 01:45 PM by Howard Bashman


Another federal appellate court concludes that when considering the time for appeal under the Class Action Fairness Act of 2005, "less" means "more": You can access today's ruling of the U.S. Court of Appeals for the Eleventh Circuit at this link.

My criticism of two earlier, similar rulings can be found in my "On Appeal" essay titled "Less Is More: When Courts Decide a Law Means the Opposite of What It Says." At least six Ninth Circuit judges appear to agree with me for the reasons set forth in this dissent from the denial of rehearing en banc, as I first reported here.
Posted at 12:14 PM by Howard Bashman



"Colo. Court Upholds Denver Weapons Ban": The Associated Press provides a report that begins, "A divided Colorado Supreme Court on Monday upheld Denver's ban on assault weapons, despite arguments that state weapons laws should trump city ordinances."

You can access today's ruling by an equally divided Supreme Court of Colorado at this link.
Posted at 11:55 AM by Howard Bashman



Scalia criticizes Alito for using legislative history: See today's U.S. Supreme Court ruling in Zedner v. United States, No. 05-5992, where Justice Antonin Scalia issued this opinion concurring in part and concurring in the judgment in response to a portion of this opinion of the Court that Justice Samuel A. Alito, Jr. issued.
Posted at 11:35 AM by Howard Bashman


Lettuce hope for appellate review? The Allentown (Pa.) Morning Call on Friday published an article headlined "Woman has unpalatable salad day in court; Palmer resident guilty of throwing lettuce from car at mall." According to the article, "[T]he salad saga could continue. 'We may, as a matter of principle, take an appeal' to state Superior Court, said Prendergast, who works in the law offices of attorney Gary Asteak and represented Higgins at no cost."
Posted at 10:33 AM by Howard Bashman


Today's U.S. Supreme Court Order List and opinions in argued cases: The Supreme Court today issued opinions in four argued cases.

1. Justice Anthony M. Kennedy delivered the opinion of the Court in Anza v. Ideal Steel Supply Corp., No. 04-433. You can access the syllabus here; Justice Kennedy's opinion here; Justice Antonin Scalia's concurring opinion here; Justice Clarence Thomas's opinion concurring in part and dissenting in part here; Justice Stephen G. Breyer's opinion concurring in part and dissenting in part here; and the oral argument transcript here.

2. The Court issued a per curiam opinion in Mohawk Industries, Inc. v. Williams, No. 05-465. You can access the oral argument transcript here.

3. Justice Samuel A. Alito, Jr. delivered the opinion of the Court in Zedner v. United States, No. 05-5992. You can access the syllabus here; Justice Alito's opinion here; Justice Scalia's opinion concurring in part and concurring in the judgment here; and the oral argument transcript here.

4. And the Court issued a per curiam opinion in Whitman v. Department of Transportation, No. 04-1131. You can access the oral argument transcript here.

You can access today's Order List at this link. The Court granted review today in three cases, two of which will be argued in tandem.

At "SCOTUSblog," Lyle Denniston has posts titled "Decisions: Court rules on RICO claim, 3 other cases" and "Orders: Court to rule on race in education."

In early press coverage, Gina Holland of The Associated Press reports that "Supreme Court to Hear Education Race Case." And The AP also reports that "Justices Limit Use of Racketeering Suits"; "Supreme Court to Consider Old Sentencing"; and "Supreme Court Rejects Reporters' Appeal."
Posted at 10:00 AM by Howard Bashman



"High court to take up job privacy of officers; California justices to hear San Diego case": The San Diego Union-Tribune today contains an article that begins, "The state Supreme Court takes up an intriguing and potentially far-reaching case this week dealing with how much information peace officers can keep secret when they are disciplined on the job."
Posted at 09:54 AM by Howard Bashman


"Adoption Group Threatens Suit; Children First: Restore 'Life' License Plate." This article appeared Saturday in The Hartford Courant.
Posted at 09:44 AM by Howard Bashman


"Which Federal Appellate Court Has the Best Web Site?" You can access this week's installment of my "On Appeal" column for law.com at this link.

The Eighth Circuit's web site ranks first on my list, the Seventh Circuit's web site ranks second, and the Ninth Circuit's web site ranks third. In the essay, I also suggest improvements for the web sites of the First, Second, and Tenth Circuits.

The last time that I conducted a similar survey was in February 2003, in connection with my "Upon Further Review" column headlined "Appellate Court Web Sites: Some Are Excellent, But Many Others Could Easily Be Improved."
Posted at 09:00 AM by Howard Bashman



"Curbing the Press: Why the government and the media haven't been this antagonistic since the Pentagon Papers case." This article appears in the June 12, 2006 issue of U.S. News & World Report.
Posted at 08:55 AM by Howard Bashman


"Law school at center of judicial junkets storm; George Mason center received money from Exxon, Big Tobacco": The National Law Journal provides this report (free access).
Posted at 08:54 AM by Howard Bashman


"Questions from jurors": The Chicago Tribune today contains this editorial.
Posted at 07:28 AM by Howard Bashman


"Eminent domain case was like shot heard 'round U.S." This article appears today in The Atlanta Journal-Constitution.
Posted at 07:25 AM by Howard Bashman


"Pluribus Sine Unum: Will the Senate impose race-based government on Hawaii?" John Fund has this essay today online at OpinionJournal.
Posted at 07:24 AM by Howard Bashman


"Senate kicks off debate of marriage amendment": This article appears today in The Washington Times.

The Atlanta Journal-Constitution reports today that "Bush to push gay marriage ban; Senate may vote Tuesday; foes say issue dead."

The Chicago Tribune reports that "Same-sex marriage foes say religious liberty at risk; Others call fears greatly exaggerated."

The New York Sun reports that "Bush Seeks to Outlaw Gay Rites."

And The New York Times contains an editorial entitled "Divide and Conquer the Voters."
Posted at 07:23 AM by Howard Bashman



The Los Angeles Times is reporting: Today's newspaper contains articles headlined "Army Manual to Skip Geneva Detainee Rule; The Pentagon's move to omit a ban on prisoner humiliation from the basic guide to soldier conduct faces strong State Dept. opposition"; "A Mom, a Texas Law and a Baby's Fate; Dixie Belcher wants to keep her 10-month-old on life support, even though doctors say the damage is irreversible; A judge will hear the case"; and "Class Actions Are Here to Stay; Continuing corporate scandals mean plenty of shareholder suits even if Milberg Weiss dissolves."
Posted at 07:15 AM by Howard Bashman


"Deal With Wen Ho Lee Begets Warning of Yet More Claims": Josh Gerstein has this article today in The New York Sun.
Posted at 07:10 AM by Howard Bashman


"Chief justice hopefuls starting to play dirty; Run for Alabama's top court shows ugly side": This article appears today in The Atlanta Journal-Constitution.
Posted at 07:08 AM by Howard Bashman


The Philadelphia Inquirer is reporting: Today's newspaper contains articles headlined "Judge in Dover case still fighting; John E. Jones III is using the intelligent-design debate to answer his critics and talk about judicial independence" and "Bloggers' political sting felt in Delco; One anonymously accuses Judge Kenneth A. Clouse of abusing his power; It's a little like 1700s pamphleteering."
Posted at 07:05 AM by Howard Bashman


"Plenty of Room on the Fall Docket": That's the title of today's installment of Charles Lane's "Full Court Press" column in The Washington Post.
Posted at 06:55 AM by Howard Bashman


"In State Races, Tough Questions About Abortion": This article appears today in The New York Times.
Posted at 06:48 AM by Howard Bashman


"Court is finishing term at 'moment of historic transition'; Justices still new to one another face June's deadlines": Joan Biskupic has this article today in USA Today.
Posted at 06:45 AM by Howard Bashman


Sunday, June 04, 2006

"Lowering the Bar: The corrupt ABA judicial evaluation process." Edward Whelan will have this essay in the June 12, 2006 issue of The Weekly Standard.
Posted at 10:25 PM by Howard Bashman


"Republicans plan controversial votes on gay marriage, flag burning": James Kuhnhenn of Knight Ridder Newspapers provides this report.
Posted at 09:55 PM by Howard Bashman


"An ethical cloud: A deal brokered with the Judicial Qualifications Commission leaves accusations of misconduct by a circuit judge unanswered." This editorial appears today in The St. Petersburg Times.
Posted at 07:20 PM by Howard Bashman


In today's edition of The Boston Globe: Charlie Savage has an article headlined "Bar group will review Bush's legal challenges" that begins, "The board of governors of the American Bar Association voted unanimously yesterday to investigate whether President Bush has exceeded his constitutional authority in reserving the right to ignore more than 750 laws that have been enacted since he took office."

And the Ideas section contains an article headlined "Star power: Celebrities have a legal right to prevent the commercial use of their images without permission; But are they silencing artists and satirists as well?"
Posted at 07:15 PM by Howard Bashman



"Throwing Roe to the people": This editorial will appear Monday in The Christian Science Monitor.

And today in The Washington Post, Dana L. had an op-ed entitled "What Happens When There Is No Plan B?"
Posted at 07:12 PM by Howard Bashman



"City, Group in Clash On Commandments": The Washington Post today contains an article that begins, "An evangelical Christian group unveiled an 850-pound granite sculpture of the Ten Commandments yesterday at its Capitol Hill rowhouse a stone's throw from the Supreme Court, despite a threat of $300-a-day fines."
Posted at 07:08 PM by Howard Bashman


"Ala. ready to send a message on marriage; A ban on same-sex vows is expected to get voters' OK": This article appears today in The Philadelphia Inquirer.

The Washington Times today contains articles headlined "Believers push for marriage measure" and "Bush urges Senate to pass marriage amendment."

And The New York Times reports that "Bush Calls for an Amendment Banning Same-Sex Nuptials."
Posted at 07:00 PM by Howard Bashman



"The Enron Case That Almost Wasn't": The New York Times today contains this lengthy article.
Posted at 06:02 PM by Howard Bashman


"Invoking Secrets Privilege Becomes a More Popular Legal Tactic by U.S." This article appears today in The New York Times.
Posted at 05:58 PM by Howard Bashman


"Sanity of Condemned Va. Inmate Debated": The Associated Press provides this report.
Posted at 05:54 PM by Howard Bashman


"Politics of the Altar: GOP leaders are putting gay marriage back on the agenda; Will voters respond?" This article will appear in the June 12, 2006 issue of Newsweek.
Posted at 11:23 AM by Howard Bashman


"Junketing Judges: A Case of Bad Science." Eric Schaeffer has this op-ed today in The Washington Post.
Posted at 09:30 AM by Howard Bashman


"Court Sense: A 5-4 decision for accountable government." This editorial appears online today at OpinionJournal.

And yesterday in The Los Angeles Times, Laura N. Chick had an op-ed entitled "City Hall needs whistle-blowers; A Supreme Court decision is bad news for the good guys in government."
Posted at 08:48 AM by Howard Bashman



In today's edition of The Washington Post: An article reports that "Conservatives Backing Nominee Look at Graham."

And columnist George F. Will has an op-ed entitled "Ripples From Two Court Choices."
Posted at 08:45 AM by Howard Bashman



Saturday, June 03, 2006

"Review of Terrorist Threat to Reactor Ordered; An appeals court tells a federal agency to study the effects of an attack on Diablo Canyon plant": Henry Weinstein has this article today in The Los Angeles Times.

Today in The San Francisco Chronicle, Bob Egelko reports that "U.S. court puts PG&E nuclear permit on hold until terror review; Utility seeks to store radioactive waste from Diablo Canyon."

And The San Luis Obispo Tribune reports that "Court orders Diablo terror analysis; Appeals court sides with Mothers for Peace in a lawsuit over storage of nuclear waste on the grounds of the plant."

My earlier coverage appears at this link.
Posted at 09:30 PM by Howard Bashman



The Washington Post is reporting: Today's newspaper contains front page articles headlined "Cubans Jailed in U.S. as Spies Are Hailed at Home as Heroes" and "Vast DNA Bank Pits Policing Vs. Privacy; Data Stored on 3 Million Americans."
Posted at 09:05 PM by Howard Bashman


"Kissykissy.com: The shadowy laws of Internet dating." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 09:00 PM by Howard Bashman


"Gardening Bogs Down a Law Firm": The New York Times today contains an article that begins, "David Boies is renowned as a litigator for going after corporate giants like Microsoft or representing clients like Al Gore. But it is a tiny, nearly off-the-radar case in Florida against a gardener that has been a virtual thorn in his side for more than a decade, amounting to thousands of hours of manpower, millions of dollars in fees and now, possible jail time, for an employee of his firm."
Posted at 08:55 PM by Howard Bashman


The Associated Press is reporting: Gina Holland has an article headlined "Supreme Court Justices Hearing Fewer Cases."

And in other news, "Trials Color Alabama's Gubernatorial Race."
Posted at 08:50 PM by Howard Bashman



"Today, I want to explain why I support the Marriage Protection Amendment, and why I'm urging Congress to pass it and send it to the states for ratification." The complete text of the radio address that President Bush delivered this morning can be accessed here.

In related news coverage, The New York Times reports today that "Bush to Press for U.S. Ban on Same-Sex Marriage."

The Washington Post reports today that "Bush Re-Enters Gay Marriage Fight; Two Speeches Set Pressing Senate To Vote for a Ban."

And The Los Angeles Times reports that "Gay Marriage Amendment Getting a Presidential Push; Conservatives who think Bush has buried the issue denounce the planned event as a ruse."
Posted at 12:54 PM by Howard Bashman



"Power Grab": In the June 22, 2006 issue of The New York Review of Books, Elizabeth Drew has an essay that begins, "During the presidency of George W. Bush, the White House has made an unprecedented reach for power. It has systematically attempted to defy, control, or threaten the institutions that could challenge it: Congress, the courts, and the press."
Posted at 12:48 PM by Howard Bashman


"'Under God' on Appeal Before the Ninth Circuit": Yesterday, The Becket Fund for Religious Liberty issued a press release that begins, "On June 1, 2006, the Becket Fund filed its opening brief before the Ninth Circuit Court of Appeals in an effort to overturn the September 2005 trial court decision that struck down daily recitation of the Pledge of Allegiance because it includes the two words 'under God.'" That opening brief can be accessed online at this link.

Via Michael A. Newdow's web site, you can access here many of the pleadings and other papers filed in the case while it was pending in federal district court. If readers wish to send along to me via email links to or electronic copies of other opening briefs, or amicus briefs, filed on or before June 1, 2006 in this pending appeal, I will be more than pleased to ensure that links to the briefs get posted at "How Appealing"
Posted at 10:55 AM by Howard Bashman



"Court Rejects Evangelical Prison Plan Over State Aid": This article appears today in The New York Times.

The Washington Post reports today that "Judge Bars Tax-Funded Religious Jail Project."

And The Des Moines Register reports today that "Judge says Christian prison program must end; InnerChange Freedom Initiative will continue at the correctional center in Newton during an appeal."

I have posted online at this link yesterday's 140-page ruling of the U.S. District Court for the Southern District of Iowa.
Posted at 10:50 AM by Howard Bashman



"News Media Pay in Scientist Suit": Adam Liptak has this article today in The New York Times.

The Washington Post reports today that "U.S., Media Settle With Wen Ho Lee; News Organizations Pay To Keep Sources Secret."

And in The Los Angeles Times, David G. Savage reports that "Government, News Media Settle Suit by Wen Ho Lee."

You can access here a statement on the settlement issued by The New York Times, The Washington Post, The Los Angeles Times, The Associated Press, and ABC.
Posted at 10:40 AM by Howard Bashman



"Roberts: 'The hard part is coming up'; Supreme Court shows signs of split as key issues await rulings." CNN.com provides this report.
Posted at 08:50 AM by Howard Bashman


Friday, June 02, 2006

"Which Federal Appellate Court Has the Best Web Site?" The brand new installment of my "On Appeal" column for law.com can be accessed here.
Posted at 11:30 PM by Howard Bashman


Trenton Thunder 5, Reading Phillies 2: My son and I spent this evening at a baseball game in Trenton, New Jersey. We were seated in the third row behind first base, which allowed my son to be on the receiving end of a toss from the first baseman of the ball used to record the final out in the top of the fifth inning. A wrap of the rain-shortened game can be accessed here, while the box score is at this link.
Posted at 11:15 PM by Howard Bashman


The Associated Press is reporting: Now available online are articles headlined "Court Revokes Radioactive Storage Permit" and "5 News Organizations Agree to Pay Lee."
Posted at 04:35 PM by Howard Bashman


"Lawrence and the Right to Metaprivacy": That's the topic of the June 2006 online issue of "The Pocket Part" from The Yale Law Journal. Jamal Greene has the lead essay, while Paul M. Smith (at least for now inaccurately referred to at the YLJ site as Paul H. Smith) and Edward Whelan have responses.
Posted at 03:55 PM by Howard Bashman


"Stare DCisis: Dishonorable Discharge." Judy Coleman has this post at DCist.
Posted at 03:50 PM by Howard Bashman


Third Circuit affirms decision of the U.S. District Court for the Eastern District of Pennsylvania allowing attorney suspended from practice of law in Pennsylvania state courts to open an office in Pennsylvania in support of his practice before that federal district court: Today's developments in the saga of attorney Robert B. Surrick can be accessed here.

Longtime readers of this blog may recall that quite some time ago, I accepted a pro bono appointment from the Third Circuit to argue in favor of the en banc federal district court's decision imposing reciprocal discipline on Surrick. That appointment led me to file this appellate brief, and, after oral argument from me and my opposing counsel, a different Third Circuit panel issued this ruling.
Posted at 03:00 PM by Howard Bashman



"Chief Judge to Set Up Panel for 7-Year-Old Misconduct Case": Amelia Hansen has this article (free access) today in The Daily Journal of California. My earlier coverage appears here and here.
Posted at 02:40 PM by Howard Bashman


"Gay marriage ban case to hit Web; Georgia Supreme Court to hear oral arguments June 27": This article appears today in The Atlanta Journal-Constitution.
Posted at 02:33 PM by Howard Bashman


"This case presents the question, inter alia, as to whether the likely environmental consequences of a potential terrorist attack on a nuclear facility must be considered in an environmental review required under the National Environmental Policy Act." Today, a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit answers that question in the affirmative in an opinion that you can access here.
Posted at 12:58 PM by Howard Bashman


In news from Montana: The Associated Press provides a report headlined "Court: Children Can't Authorize Searches." You can access Wednesday's ruling of the Supreme Court of Montana at this link.

And in other news, The Billings Gazette reports today that "Museum shrouds statue; Nude art covered up to protest proposed anti-obscenity laws."
Posted at 11:15 AM by Howard Bashman



"Federal judge rules that Boynton student can't be forced to say pledge to U.S. flag": This article appears today in The South Florida Sun-Sentinel.

And The Palm Beach Post reports today that "Judge says students don't need OK to skip pledge."

The court's ruling does not appear to be readily available online.

Thanks to "Southern District of Florida Blog" for the pointer.
Posted at 11:05 AM by Howard Bashman



"Chief Judge to Set Up Panel for 7-Year-Old Misconduct Case": Today in The Daily Journal of California, Amelia Hansen has an article that begins, "More than three years after a federal judge in Los Angeles was accused of giving special treatment to one of his female probationers, the chief judge of the 9th U.S. Circuit Court of Appeals has ordered a special committee to investigate the charges. Filed in court last week, but not yet made public by the circuit, Chief Judge Mary M. Schroeder said she would appoint a committee to look into whether 81-year-old U.S. District Judge Manuel L. Real committed misconduct in 1999." I am currently seeking The Daily Journal's permission to reprint the entire article over at "How Appealing Extra."

My earlier coverage of this matter appears here and here.
Posted at 10:54 AM by Howard Bashman



Bank robber's accidental discharge of semi-automatic pistol does not suffice to trigger mandatory ten-year federal sentence for discharging firearm in relation to any crime of violence: Today's ruling by a unanimous three-judge panel of the U.S. Court of Appeals for the D.C. Circuit will be of interest to fans of mens rea. The opinion notes that "So far, two circuits have interpreted the discharge provision and have reached different conclusions as to intent."
Posted at 10:23 AM by Howard Bashman


"Ryan's lawyers ask judge for retrial because of jury": This article appears today in The Chicago Tribune.

And The Chicago Sun-Times today contains articles headlined "Jury 'dishonesty' enough for new trial: lawyers" and "Booted juror: I was read different Web page."
Posted at 07:32 AM by Howard Bashman



"Two Important Rulings on AIDS": The New York Times contains this editorial today.
Posted at 07:30 AM by Howard Bashman


"Not all speech is free: If you're a government employee, the 1st Amendment shouldn't protect your official conduct." This editorial appears today in The Los Angeles Times.
Posted at 07:25 AM by Howard Bashman


"Congress and Justice Dept. May Both Be Overreaching": Adam Liptak has this news analysis today in The New York Times.
Posted at 07:24 AM by Howard Bashman


"NL Officials Hail Two Settlements At Fort Trumbull; Deals are 'good news' for city; other plaintiffs to speak today": The Day of New London, Connecticut today contains an article that begins, "City councilors Thursday praised settlements with two of six plaintiffs in the Fort Trumbull eminent domain case."
Posted at 07:20 AM by Howard Bashman


"Muhammad Gets 6 Life Terms in Md." This article appears today in The Washington Post.

The Baltimore Sun reports today that "Families confront sniper; Muhammad gets six life terms."

And The Washington Times reports today that "Muhammad sentenced to six life terms."
Posted at 07:15 AM by Howard Bashman



"Judging Whether a Killer Is Sane Enough to Die": Ralph Blumenthal and Adam Liptak have this article today in The New York Times.
Posted at 07:02 AM by Howard Bashman


"A Fourth Federal Judge Turns Down Milberg Trial": Josh Gerstein has this article today in The New York Sun.
Posted at 06:58 AM by Howard Bashman


Available online from law.com: Tony Mauro reports that "Bobble-Justice Kennedy Goes Courtside."

And Shannon P. Duffy has an article headlined "Libel Laws Don't Prevent Blog 'Mockery'; Federal judge rules that bloggers are entitled to immunity under Communications Decency Act." Additional coverage is available online here and here.
Posted at 06:54 AM by Howard Bashman



Thursday, June 01, 2006

"Decision near on U.S. judge": An article published yesterday in The Grand Rapids Press reports that Michigan's Democratic U.S. Senators have "reached an agreement with the White House to end a four-year standoff on judicial nominations" and that "[t]wo openings on the 6th Circuit Court of Appeals would be filled as part of the deal, too."
Posted at 05:35 PM by Howard Bashman


"Bush to Back Gay Marriage Ban Amendment": The AP provides this report.
Posted at 05:04 PM by Howard Bashman


"President Celebrates Judge's Swearing-In": The Associated Press provides this report.

And The White House has issued a news release entitled "President Attends Swearing-In Ceremony for Brett Kavanaugh to the U.S. Court of Appeals for the District of Columbia."
Posted at 04:35 PM by Howard Bashman



"Anna Nicole Smith: 'Yes, I Am Pregnant.'" The Associated Press provides this report. The news report does not suggest that the father-to-be works at the U.S. Supreme Court.
Posted at 03:35 PM by Howard Bashman


Go shorty, it's your birthday: "The TTABlog" provides a post titled "CAFC Refuses Rehearing Requests in Lawman Armor Design Patent Appeal."

"Patently-O: Patent Law Blog" provides a post titled "CAFC 'Clarifies' Design Patent Jurisprudence but Denies Rehearing En Banc."

And the "Shape Blog" offers a post titled "CAFC Denies Rehearing Requests in Lawman Armor Design Patent Appeal" (along with a completely unrelated post titled "U.S. Patent 6,434,757 - Female Standing Urination Cone," replete with animated video).

My earlier coverage of the Federal Circuit's orders (available here and here) issued yesterday can be accessed at this link.
Posted at 03:24 PM by Howard Bashman



Do plaintiffs, who are neither incarcerated nor on parole, have their votes "diluted" because of New York's apportionment process, which counts incarcerated prisoners as residents of the communities in which they are incarcerated, and has the alleged effect of increasing upstate New York regions' populations at the expense of New York City's? Today, the en banc U.S. Court of Appeals for the Second Circuit issued a follow-up opinion clarifying that the question found in the title of this post remains open for consideration on remand from that court's recent en banc decision holding that the federal Voting Rights Act does not apply to New York's prisoner disenfranchisement law. My initial coverage of that earlier ruling can be accessed here.
Posted at 03:14 PM by Howard Bashman


"Interesting Post-Kelo Public Use Case": At "The Volokh Conspiracy," Ilya Somin has this post concerning an appeal now pending before the U.S. Court of Appeals for the Fifth Circuit.
Posted at 01:50 PM by Howard Bashman


"Muhammad gets 6 consecutive life terms; Penalty seen as insurance in event Virginia death sentence is overturned": The Baltimore Sun provides this news update.

And The Washington Post provides a news update headlined "Muhammad Gets 6 Life Terms in Md."
Posted at 01:00 PM by Howard Bashman



"In order to be protected by the [Stored Communications Act], an Internet website must be configured in some way so as to limit ready access by the general public." A unanimous three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit issued this interesting decision today.

Update: At OrinKerr.com, Orin Kerr offers these thoughts on the ruling.
Posted at 11:50 AM by Howard Bashman



"Muhammad Gets 6 Life Terms in Md. Trial": The Associated Press provides this report.

And The Baltimore Sun today contains an article headlined "A glimpse into the thinking of sniper jury: Panel member calls deliberations quick, methodical."
Posted at 10:40 AM by Howard Bashman



"This novel case concerns whether the district court properly admitted into evidence The Birth of a Criminal, a published book by defendant Asante Kahari that describes the exact counterfeit-check scheme for which Kahari was found guilty." So begins an opinion that the U.S. Court of Appeals for the Sixth Circuit issued today.
Posted at 09:50 AM by Howard Bashman


"Gideon's Silence: Whatever happened to the right to counsel?" Law Professor Alexandra Natapoff has this jurisprudence essay online at Slate.
Posted at 09:32 AM by Howard Bashman


"Motion to stop BALCO subpoenas; Chronicle tries to keep reporters from revealing sources": This article appears today in The San Francisco Chronicle. The newspaper has also posted online its motion and supporting brief, along with hundreds of pages of related affidavits.

And in other coverage, today in The New York Sun, Josh Gerstein has an article headlined "Former Official Scores Justice Department Tactics."
Posted at 09:22 AM by Howard Bashman



"Blawgs on a Roll: Legal reporting is sometimes decried as boring and inaccurate; But a band of savvy law professors have changed all that." Dahlia Lithwick has this essay in the June 2006 issue of The American Lawyer.
Posted at 09:10 AM by Howard Bashman


"New York Court Hears Gay Marriage Arguments": This audio segment (RealPlayer required) appeared on today's broadcast of NPR's "Morning Edition."
Posted at 09:08 AM by Howard Bashman


"R.I. to revisit felons' voting rights; Could 'send message' to other states": USA Today contains this article today.
Posted at 07:28 AM by Howard Bashman


"High Court Decision Could Hurt Misconduct Probes, Lawyer Says; L.A. County prosecutor at center of ruling limiting whistle-blower rights believes there may now be a disincentive to reporting corruption": This article appears today in The Los Angeles Times.
Posted at 07:24 AM by Howard Bashman


"First Amendment Sometimes Left at Workplace Door": Columnist Stephen Barr has this essay today in The Washington Post.
Posted at 07:18 AM by Howard Bashman


"Group Aims to Unveil Ten Commandments; Tablets Under Wraps Near Supreme Court": The Washington Post today contains an article that begins, "A D.C.-based evangelical Christian group has a new idea for promoting the Ten Commandments: putting a monument to the stone tablets across the street from the U.S. Supreme Court."
Posted at 07:15 AM by Howard Bashman


"Marriage debate enters state's highest court; Passionate arguments made in gay-rights case; decision expected in month": This article appears today in The Times Union of Albany, New York.

The New York Times reports today that "Highest Court in New York Confronts Gay Marriage."

And The New York Sun reports that "Legislature Is Key On Gay Rites Law, Judges Suggests."

Meanwhile, in commentary, USA Today contains an editorial entitled "Just say 'I don't': Senators, eyeing elections, will debate unnecessary ban on same-sex couples," while U.S. Senator Wayne Allard (R-CO) has an op-ed entitled "Protect traditional marriage: Constitutional amendment would protect union between man, woman."
Posted at 07:05 AM by Howard Bashman



"House passes abortion bill with no rape, incest exception; Measure punishes doctor, not mother": The Times-Picayune of New Orleans contains this article today.

And The Advocate of Baton Rouge reports today that "House endorses abortion bill; Near-total ban makes exception only in mother’s health."
Posted at 07:04 AM by Howard Bashman



"Glass Artists Face Off in Court": This article appears today in The New York Times.

According to the article, "In a 2003 copyright case involving glass art, the United States Court of Appeals for the Ninth Circuit, in San Francisco, ruled against an artist who said another artist had used his design of jellyfish encased in glass. The two designs looked similar, but the court said no one could copyright nature." My coverage of that ruling can be accessed here.
Posted at 06:55 AM by Howard Bashman



"A Tribute to Judge Edward R. Becker (1933 - 2006)": Marci Hamilton has this essay online today at FindLaw.
Posted at 06:44 AM by Howard Bashman



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