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