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Saturday, June 30, 2007 "Schools' legal fight could get more costly; After desegregation defeat, district faces paying 7-figure fees": This article appears today in The Seattle Post-Intelligencer. The Seattle Times reports today that "Ex-Ballard principal says court ruling 'fired me up again.'" And The Louisville Courier-Journal reports that "Ruling evokes memories of busing; Veteran teacher recalls 1970s' tensions." "Court dismisses lawsuit against pastor; Texas preacher not liable for disclosing information from private counseling session": The Austin American-Statesman contains this article today. The Fort Worth Star-Telegram reports today that "Court says woman can't sue minister." And The Associated Press reports that "State Supreme Court tosses woman's suit against pastor." You can access yesterday's unanimous ruling of the Supreme Court of Texas at this link. "A Privilege Deal: Congress and the White House should avoid a court battle over the U.S. attorneys investigation." This editorial appears today in The Washington Post. Posted at 05:18 PM by Howard Bashman "Justices to Weigh Detainee Rights; In Reversal, Court Agrees to Hear Case": Robert Barnes has this front page article today in The Washington Post. Today in The Los Angeles Times, David G. Savage and Carol J. Williams reports that "High court to reconsider Guantanamo; In a rare reversal of themselves, the justices agree to weigh detainees' right to their day in federal court." The New York Times contains a front page article headlined "In Shift, Justices Agree to Review Detainees' Case." In The Miami Herald, Carol Rosenberg reports that "Bush's antiterror powers to get high-court review; The Supreme Court has set the stage for a third ruling on President Bush's war-on-terror powers to indefinitely detain 'enemy combatants' without traditional recourse to courts." And The Washington Times reports that "Court to review detainees' civilian jurisdiction rights." "High court remains politically divided; More 5-4 rulings mark shift to right": Charlie Savage has this article today in The Boston Globe. Posted at 05:03 PM by Howard Bashman "In Steps Big and Small, Supreme Court Moved Right": Linda Greenhouse will have this lengthy article Sunday in The New York Times. Posted at 04:50 PM by Howard Bashman "A Cautious Right Turn: The Supremes were most united on business cases." This editorial appears today in The Wall Street Journal. Posted at 04:45 PM by Howard Bashman Available online from The American Prospect: Scott Lemieux has an essay entitled "Scalia and Thomas: Originalist Sinners; How Thursday's ruling on school integration gives the lie to the two justices' supposedly devout 'originalism.'" Simon Lazarus has an essay entitled "The Most Activist Court: How progressives should think about and respond to the assaults of the Roberts Court." And Allison Stevens has an essay entitled "Race, Gender, and the Politics of Segregation: What the Supreme Court's school desegregation ruling could mean for women's rights." "Split Decision: The Supreme Court's conservative divide." Law Professor Cass R. Sunstein has this essay online at The New Republic. Posted at 01:45 PM by Howard Bashman "Supremely Bad Decisions": Bruce Shapiro has this essay online at The Nation. Posted at 01:44 PM by Howard Bashman "Roberts Rules: The Supreme Court term ends with a 5-4 decision against racial preferences." Terry Eastland will have this essay in the July 9, 2007 issue of The Weekly Standard. Posted at 01:40 PM by Howard Bashman On today's broadcast of NPR's "Weekend Edition Saturday": The broadcast contained audio segments entitled "The Supreme Court Shifts Direction" (featuring Nina Totenberg) and "Court Case Could Have Big Impact on Detainees." RealPlayer is required to launch these audio segments. Posted at 01:32 PM by Howard Bashman "Schools scramble to shuffle girls sports": The Detroit News today contains an article that begins, "Michigan school officials are scrambling to meet a fall deadline to align boys and girls sports seasons, bringing an end to decades of discrimination against female athletes but creating a passel of headaches." Posted at 01:25 PM by Howard Bashman The Associated Press is reporting: An article headlined "Court Term Ends With Obvious Frustration" begins, "Supreme Court Justice Stephen Breyer shook his head. He rolled his eyes. He even grimaced once or twice as he listened to Chief Justice John Roberts read the majority opinion in the school diversity case on Thursday." And in other news, "N.H. Repeals Parental Notice of Abortion." "Courting Controversy": In the July 9, 2007 issue of Time magazine, Law Professor Jeffrey Rosen will have an essay that begins, "Ever since Robert Bork was defeated in his 1987 bid for a seat on the Supreme Court, liberals have feared that the court would turn right on the issues they care most about. And this was the year their fears finally began to be vindicated." Posted at 12:44 PM by Howard Bashman Friday, June 29, 2007 "Analyzing the Decisions of the 2006-07 Supreme Court": You can view video of yesterday's Federalist Society event via this link, or directly by clicking on part one and part two. Posted at 11:50 PM by Howard Bashman "Nominee lobbies for court seat; Southwick seeks support among senators for bid": The Clarion-Ledger of Jackson, Mississippi today contains an article that begins, "With his nomination to a federal appeals court stalled by the opposition of key Democrats, Mississippi Judge Leslie Southwick is in Washington this week trying to save his candidacy." Posted at 11:45 PM by Howard Bashman "High Court Reveals a Mind for Business; In a term marked by 5-4 rulings, no one proved to be a better friend to corporate America than Alito": law.com's Tony Mauro provides this report. Posted at 11:42 PM by Howard Bashman "High court spares mentally ill killer; The Supreme Court rules that a Texas death row inmate cannot be executed because his illness prevents him from understanding his fate": Henry Weinstein has this article today in The Los Angeles Times. The Milwaukee Journal Sentinel reports today that "Hayward native's execution blocked; Supreme Court says mental illness wasn't considered." The Houston Chronicle reports that "Texas competency rules too narrow, high court decides; Justices change their course on the executions of mentally ill killers." The Austin American-Statesman reports that "High court blocks Texas death sentence; Slim majority clarifies rules for executing potentially insane inmates." The Fort Worth Star-Telegram contains an article headlined "Court: Inmate too mentally ill to be executed." In addition, an editorial is entitled "Death and madness." And The Louisville Courier-Journal reports that "High court blocks execution in Texas; Ruling could affect Indiana man's case." "Justices overturn ban on price-fixing; Some say the ruling could mean higher consumer prices and fewer discounts": David G. Savage and Daniel Yi have this article today in The Los Angeles Times. Posted at 11:20 PM by Howard Bashman "Conservative justice: Forget the promises -- Roberts and Alito delivered high court ideology." Law Professor Erwin Chemerinsky has this op-ed today in The Los Angeles Times. Posted at 11:18 PM by Howard Bashman "A Court Divided: The Supremes move right on the question of race; Liberal justices dissented passionately; But there may still be some room in the middle." Stuart Taylor Jr. has this essay online at Newsweek's web site. In addition, Ellis Cose has an essay entitled "A Sliver of Hope: The Supreme Court is divided not merely over how to interpret the Constitution; It's divided over the meaning of American history." And online at Time magazine's web site, Reynolds Holding has an essay entitled "Can Schools Still Achieve Diversity?" "How To Keep Brown Alive: Use income level, instead of race, to integrate the schools." Richard Kahlenberg has this jurisprudence essay online at Slate. Posted at 10:33 PM by Howard Bashman "Analysts See Shift in Key Supreme Court Decisions": This segment (transcript with link to audio) appeared on this evening's broadcast of the PBS program "The NewsHour with Jim Lehrer." Posted at 10:30 PM by Howard Bashman "Landmark Ruling: The Supreme Court's ruling could be a step back in integration law." Jan Crawford Greenburg had this video segment on last night's broadcast of the ABC News program "Nightline." And along with Howard Rosenberg, Jan has a written report headlined "Two Women Come Together to Oppose Busing; Plaintiff Crystal Meredith and Civil Rights Activist Mattie Jones Say Program Failed Their Children." "DOJ Loses Brand": Rachel Brand is departing from the U.S. Department of Justice, "The BLT: The Blog of Legal Times" reports here. Posted at 08:15 PM by Howard Bashman In news coverage from Seattle: In coverage of yesterday's U.S. Supreme Court ruling in Parents Involved in Community Schools v. Seattle School District, No. 05-908, The Seattle Times today contains articles headlined "U.S. Supreme Court rejects Seattle's racial criteria"; "Parents' attorney relished chance to argue case at Supreme Court"; "Some new diversity strategies take shape"; and "Former schools superintendent watched case closely in D.C." The newspaper also contains an editorial entitled "Supreme Court challenges Seattle schools." And The Seattle Post-Intelligencer today contains articles headlined "Schools seek new diversity answers after court rejects race as tiebreaker"; "Reaction within Supreme Court among sharpest"; and "Q&A: Woman who fought school district." The newspaper also contains an editorial entitled "Seattle Schools: Court's wrong turn." And U.S. Senator Ted Kennedy (D-MA) has an op-ed entitled "Still seeking equality in schools." The Louisville Courier-Journal is reporting: In coverage of yesterday's U.S. Supreme Court ruling in Meredith v. Jefferson County Bd. of Ed., No. 05-915, today's newspaper contains articles headlined "5-4 ruling limits use of race by district; Official: Decision doesn't 'shut the door' on diversity"; "Woman kept 'my promise' to son"; "New school chief sees no return to segregation"; "Some find 'sunshine' amid rain"; "Businesses to keep eye on effect of ruling"; and "Catholic system sees no impact from ruling." In addition, the newspaper contains an editorial entitled "Thwarting equity." Rebecca Owens has an op-ed entitled "'Good things going' in JCPS." And Suzy Post has an op-ed entitled "Ruling is 'a massive step backwards.'" Available online from National Public Radio: Today's broadcast of "Morning Edition" contained audio segments entitled "High Court's New Race Ruling Echoes in Schools" (featuring Nina Totenberg); "Schools in Supreme Court Case Heartened"; "Court's School Race Decision Recalls Brown Case"; "High Court Changes Mind on Detainee Appeals"; and "Supreme Court Ends Ban on Price Minimums." Today's broadcast of "Day to Day" contained an audio segment entitled "Supreme Court to Review Guantanamo Cases" featuring Tom Goldstein. And this evening's broadcast of "All Things Considered" contained audio segments entitled "White House Loses Ground with High Court" (featuring Nina Totenberg); "Officer Cited Issues with Guantanamo Tribunals"; and "Legal Experts Weigh In on Court Decisions" (featuring Jeffrey Rosen and Doug Kmiec). "Supreme Court to Hear Detainee Appeals": This audio segment (RealPlayer required) featuring Lyle Denniston appeared on today's broadcast of the public radio program "Here & Now." Posted at 07:08 PM by Howard Bashman "Supreme Court Term Shows Shift to Right": Mark Sherman of The Associated Press provides this report. Posted at 05:24 PM by Howard Bashman "High Court to Hear Terror Detainee Case": Robert Barnes of The Washington Post provides this news update. David G. Savage of The Los Angeles Times provides a news update headlined "High court to hear Guantanamo detainees case." Carol Rosenberg of The Miami Herald provides a news update headlined "Supreme Court to review Gitmo detainee case." The New York Times provides a news update headlined "Supreme Court Will Hear Case on Detainees." James Vicini of Reuters reports that "Court to hear Guantanamo prisoners appeals." And Greg Stohr and Laurie Asseo of Bloomberg News reports that "Guantanamo Bay Detainees Get U.S. High Court Hearing." "Supreme Court shifts to right with Bush appointees": James Vicini of Reuters provides this news analysis. Posted at 03:30 PM by Howard Bashman The Associated Press is reporting: Now available online are articles headlined "Dems Denounce Court Desegregation Ruling"; "Appeals Court Unseals CIA Leak Documents"; and "Democrats Hope to Close Guantanamo." Posted at 03:27 PM by Howard Bashman Ninth Circuit referees battle of Monster versus Freek: A trade dress dispute between energy drinks gives rise to today's ruling, from which Freek emerges victorious. The ruling includes as an appendix these black and white images. Posted at 02:20 PM by Howard Bashman The state of the U.S. Court of Appeals for the Federal Circuit is "very good": So reported Federal Circuit Chief Judge Paul R. Michel in remarks delivered yesterday. Posted at 11:34 AM by Howard Bashman Did the Village of Glendale, Ohio violate the First Amendment when it adopted an ordinance forbidding the placement of for-sale signs on automobiles located on the public streets? By a vote of 8-7, the majority of the en banc U.S. Court of Appeals for the Sixth Circuit answers "perhaps." The dissenters would answer "no." You can access today's ruling at this link. The Institute for Justice, which represented the plaintiff challenging the ordinance, achieved victory before the en banc court by convincing two Republican appointees to join the Sixth Circuit's Democratic appointees in ruling in favor of the plaintiff. The dissenters, meanwhile, were all appointed to the court by Republican presidents. My coverage of the original three-judge panel's ruling in this case -- a 2-1 ruling in favor of Glendale where the dissenter was a federal district judge sitting by designation -- can be accessed here. "[A]s requested by Dow Jones, we will release those redacted portions of Judge Tatel's concurring opinion and the two ex parte affidavits that discuss grand jury matters revealed either during the Libby trial or by grand jury witnesses themselves." On February 15, 2005, a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit issued a decision upholding the adjudications of civil contempt against reporters Judith Miller and Matthew Cooper. Circuit Judge David S. Tatel's opinion concurring in the judgment, as originally published, reflected extensive redactions. Since then, the D.C. Circuit has made public some of the redacted portions of Judge Tatel's opinion. Now that the Lewis "Scooter" Libby trial has concluded, Dow Jones asked the D.C. Circuit to make public the rest of the redacted portions. In a per curiam decision issued today, the appellate court has agreed to make public more, but not all, of the redacted portions. "Roberts Steered U.S. Supreme Court as It Trimmed Precedents": Greg Stohr of Bloomberg News provides this report. Posted at 10:44 AM by Howard Bashman "Supreme Court to Review Guantanamo Cases": Pete Yost of The Associated Press provides a report that begins, "The Supreme Court, reversing course, agreed Friday to review whether Guantanamo Bay detainees may go to federal court to challenge their indefinite confinement." And at "SCOTUSblog," Lyle Denniston has a post titled "Court to rehear detainee cases." You can access today's Order List at this link. In other coverage of today's orders, The AP reports that "Court Allows Student's Anti-Bush T-Shirt." Thursday, June 28, 2007 Access online video of today's "2006-2007 Supreme Court Term Review" hosted by the American Constitution Society: Background on the panelists and a link to the video can be accessed via this link. Or you can access the video directly by clicking here (Windows Media Player required). Posted at 10:50 PM by Howard Bashman In Friday's edition of The Washington Post: Robert Barnes will have a front page article headlined "Divided Court Limits Use of Race by School Districts." And Charles Lane will have a related news analysis headlined "Narrow Victories Move Roberts Court to Right; Decisions Ignore Precedent, Liberal Justices Contend." In other news, Charles Lane will have an article headlined "Execution of Schizophrenic Killer Blocked By High Court." And Ylan Q. Mui and Robert Barnes will have an article headlined "High Court Overturns Century-Old Antitrust Rule; Manufacturers Gain Say on Retail Prices." In Friday's issue of The New York Times: Linda Greenhouse will have an article headlined "Supreme Court Votes to Limit the Use of Race in Integration Plans." Adam Liptak will have a related news analysis headlined "The Same Words, but Differing Views." And an article will report that "School Ruling Leaves Unanswered Questions." In other news, "Justices Block Execution of Delusional Killer." And an article will report that "Supreme Court Lifts Ban on Minimum Retail Pricing." Available online from law.com: An article is headlined "Mover Fails to Prove Jurisdiction in Suit Over Internet Site." My earlier coverage appears at this link. And in other news, "Forfeiture of Wife's Share of Home Over Husband's Marijuana Is Found Excessive." My earlier coverage appears at this link. "Supreme Court Strikes at Affirmative Action; Divided Justices' Ruling Will Affect Schools Nationwide": Jan Crawford Greenburg and Ariane de Vogue have this report online at the web site of ABC News. Posted at 08:24 PM by Howard Bashman Available online from National Public Radio: This evening's broadcast of "All Things Considered" contained audio segments entitled "Supreme Court Rejects School Desegregation Plan" (featuring Nina Totenberg); "Plan Will Be Modified, School Board Member Says"; "High Court Blocks Mentally Ill Inmate's Execution": "Court Gives Manufacturers Leeway on Pricing"; and "Adjudicating the White House Subpoena Dispute." And today's broadcast of "Talk of the Nation" contained an audio segment entitled "Supreme Court Rules on Race in the Classroom" featuring David G. Savage. RealPlayer is required to launch these audio segments. "Justice Kennedy's Remarkable OT06": Jason Harrow has this post at "SCOTUSblog," which had quite a few page views today. Posted at 07:45 PM by Howard Bashman "Death Penalty for Delusional Murderer Blocked": The New York Times provides this news update. Posted at 07:38 PM by Howard Bashman "Resegregation Now": This editorial will appear Friday in The New York Times. Posted at 07:35 PM by Howard Bashman If a federal criminal defendant signs a plea agreement waiving his right to challenge his conviction and sentence, is it ineffective assistance of counsel for the defendant's attorney to fail to file a notice of appeal challenging the conviction and sentence when directed by the client to do so? Two more federal appellate courts today have answered "yes" -- the Fourth Circuit and the Fifth Circuit. Posted at 05:30 PM by Howard Bashman "At issue today is the constitutionality of several zoning and public nudity ordinances adopted by the City of Daytona Beach to regulate adult theaters." So begins a ruling that a unanimous three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit issued today. The appellate court holds that all of the challenged ordinances are constitutional. Posted at 05:23 PM by Howard Bashman "Supreme Court rejects racial diversity plans; In a major civil rights ruling, a narrow majority struck down two school-enrollment plans": Warren Richey will have this article Friday in The Christian Science Monitor. Posted at 05:14 PM by Howard Bashman "Sorry Now?: What do the liberal and moderate lawyers who supported John Roberts' nomination say today?" Emily Bazelon has this jurisprudence essay online at Slate. Posted at 05:10 PM by Howard Bashman On today's broadcast of NPR's "Day to Day": The broadcast contained audio segments entitled "Justices Reject Race as Factor in School Placement" and "Supreme Court Term Defined by Close Splits" (RealPlayer required), both featuring Dahlia Lithwick. Posted at 05:05 PM by Howard Bashman law.com's Tony Mauro is reporting: Now available online are news updates headlined "Supreme Court Strikes Down Race-Based School Programs" and "High Court Overturns Dr. Miles Rule." Posted at 05:00 PM by Howard Bashman "Commentary: The impact of fervent dissent." Lyle Denniston has this post at "SCOTUSblog." Posted at 04:55 PM by Howard Bashman "Sharp Shift to the Right in First Full Term of the Roberts Court; Liberal Justices Play New Role in Dissenting From the Bench": ABC News correspondent Jan Crawford Greenburg provides this written report. Posted at 04:27 PM by Howard Bashman "Minimalists vs. Visionaries: The real divide on the Supreme Court is between two kinds of conservatives." Law Professor Cass R. Sunstein has this op-ed online today at the web site of The Washington Post. Posted at 04:20 PM by Howard Bashman "Court Blocks Execution of Mentally Ill Inmate": Charles Lane of The Washington Post provides this news update. Henry Weinstein of The Los Angeles Times provides a news update headlined "High court spares mentally ill killer from execution; A split U.S. Supreme Court rules that a Texas death row inmate's illness prevents him from understanding why the state would kill him." Patty Reinert of The Houston Chronicle provides a news update headlined "Supreme Court halts Texas man's execution." Todd J. Gillman of The Dallas Morning News provides an update headlined "Supreme Court blocks Texas man's execution." And The Fort Worth Star-Telegram provides a news update headlined "Supreme Court blocks Texas execution." "Supreme Court strikes down school integration policies": David G. Savage and Joel Havemann of The Los Angeles Times provide this news update. Joan Biskupic of USA Today reports that "Supreme Court rejects public school diversity plans." And The Seattle Post-Intelligencer provides a news update headlined "Court rejects Seattle district's use of race in school assignments." "Justices End 96-Year-Old Ban on Price Floors": The New York Times provides this news update. Posted at 04:05 PM by Howard Bashman "Supreme Court Review": This audio segment (RealPlayer required) featuring Law Professors Douglas Kmiec and Jonathan Turley appeared on today's broadcast of the public radio program "Here & Now." Posted at 02:30 PM by Howard Bashman "High Court Rules on Race in Schools": This audio segment (RealPlayer required) featuring Nina Totenberg appeared on today's broadcast of NPR's "Morning Edition." Posted at 02:22 PM by Howard Bashman The Associated Press is reporting: Now available online are articles headlined "Mistrial Sought in Jose Padilla Case"; "Libby Becomes Inmate No. 28301-016"; and "White House Asserts Executive Privilege." Posted at 02:18 PM by Howard Bashman "Supreme Court curbs use of race in setting school policies": Michael Doyle of McClatchy Newspapers provides this report. Posted at 02:15 PM by Howard Bashman In news updates from The Louisville Courier-Journal: The newspaper provides updates headlined "2007-08 school-year assignments will not change"; "Supreme Court: Jefferson County's student-assignment plan unconstitutional"; and "Ruling prompts press conferences." Posted at 02:10 PM by Howard Bashman Maybe, as in that famous episode of "The Munsters," they can simply paint a while line down the middle of the house: The Associated Press provides a report headlined "Court: Feds Can Seize Half of House." You can access yesterday's ruling of the U.S. Court of Appeals for the Second Circuit at this link. Posted at 01:02 PM by Howard Bashman Greg Stohr of Bloomberg News is reporting: Now available online are articles headlined "Race-Based Pupil Placements Banned by Top U.S. Court" and "Minimum-Price Accords May Be Allowed, Top Court Says." Posted at 12:52 PM by Howard Bashman Reuters is reporting: James Vicini has an article headlined "Court rejects race as factor in school programs." And in other news, "Supreme Court hands business groups victory; Against wishes of 37 states, consumer groups, justices rule that some minimum prices set by manufacturers are no longer illegal." "Court Limits Use of Race to Achieve Diversity in Schools": Robert Barnes of The Washington Post provides this news update. Posted at 12:30 PM by Howard Bashman "Divided court rejects school diversity plans": Bill Mears of CNN.com provides this report. Posted at 11:50 AM by Howard Bashman This morning's end-of-Term U.S. Supreme Court rulings in argued cases: According to "SCOTUSblog," "Kennedy is announcing Leegin Creative," the antitrust case. So much for predictions that Justice John Paul Stevens would have the majority opinion in that case. In reporting on that decision, Lyle Denniston has a post titled "Court overrules Dr. Miles." The vote in the case was 5-4. In early news coverage, The Associated Press reports that "Court Abandons Competition Rule." The article begins, "The Supreme Court on Thursday abandoned a 96-year-old ban on manufacturers and retailers setting price floors for products." You can access today's decision in Leegin Creative Leather Products, Inc. v. PSKS, Inc., No. 06-480, at this link. In today's death penalty case, "SCOTUSblog" reports that "Kennedy is delivering the Court's opinion in Panetti. 5-4, Kennedy plus the liberals." According to Denniston's write-up, "the Court ruled that the Fifth Circuit Court had used too restrictive a standard of mental competency in upholding a death sentence for a man whose delusions are said to keep him from fully understanding why he would be executed." In early news coverage, The Associated Press reports that "Execution of Mentally Ill Killer Blocked." You can access today's decision in Panetti v. Quarterman, No. 06-6407, at this link. And finally, "SCOTUSblog" reports that "Chief announces schools cases. Decided jointly. Plans reversed. 5-4, Kennedy concurs in judgment." Denniston's post on the decision is titled "Court strikes down school integration plans." Therein, he writes that "Chief Justice John G. Roberts, Jr., wrote the majority opinion in the combined cases. Justice Anthony M. Kennedy did not join all of the majority opinion, but joined in the result." In early news coverage, The Associated Press reports that "Supreme Court Rejects School Race Plans." You can access the decision in Parents Involved in Community Schools v. Seattle School District, No. 05-908, decided together with Meredith v. Jefferson County Bd. of Ed., No. 05-915, at this link. "Bare Facts: Is an appearance in 'Happy Naked Girls' properly considered by a bar admissions committee? Is an online death threat?" Steven Lubet will have this essay in the July 2007 issue of The American Lawyer. Posted at 09:58 AM by Howard Bashman Today's U.S. Supreme Court opinions in argued cases: Before today, the Court has issued decisions in all but four of the cases argued this Term. Those four remaining cases are: 1. Meredith v. Jefferson County Bd. of Ed., No. 05-915 (argued December 4, 2006). You can access the oral argument transcript here. 2. Parents Involved in Community Schools v. Seattle School District, No. 05-908 (argued December 4, 2006). You can access the oral argument transcript here. My posts collecting extensive press coverage of those two oral arguments can be accessed here and here. Linda Greenhouse's article in the December 5, 2006 issue of The New York Times was headlined "Court Reviews Race as Factor in School Plans," and the article begins, "By the time the Supreme Court finished hearing arguments on Monday on the student-assignment plans that two urban school systems use to maintain racial integration, the only question was how far the court would go in ruling such plans unconstitutional." 3. Leegin Creative Leather Products, Inc. v. PSKS, Inc., No. 06-480 (argued March 26, 2007). You can access the oral argument transcript in this antitrust case at this link. 4. Panetti v. Quarterman, No. 06-6407 (argued April 18, 2007). You can access the oral argument in this death penalty case at this link. My posts collecting press coverage of this oral argument can be accessed here. The Austin American Statesman's article of April 19, 2007 was headlined "Supreme Court hears Texas death penalty case; Justices to decide whether inmate is too mentally ill to execute." Stay tuned for ongoing coverage of these rulings. "Alberto Gonzales affirms intent to find prosecutor's killer": The Seattle Times today contains an article that begins, "U.S. Attorney General Alberto Gonzales met privately Wednesday with the family of slain assistant U.S. Attorney Thomas Wales and said the Justice Department will 'work as long and hard as it takes to solve this crime and prosecute those responsible.'" And The Seattle Post-Intelligencer reports today that "Gonzales stays on point, mum on heated issues; McKay's firing not brought up in talks." "N.Y. Appeals Court Hears Death Case": The New York Sun today contains an article that begins, "The federal appellate court in Manhattan heard its first death-penalty appeal in more than 40 years yesterday. The three-judge panel sharply questioned the government about its strategy during the trial of Donald Fell, who was sentenced to death in Vermont in 2002." The Rutland Herald today contains an article headlined "Expert: Fell's best chance is now; Death verdicts seldom overturned after one appeal." And The Associated Press reports that "Fell's lawyers press appeal." The Associated Press is reporting: Now available online are articles headlined "Supreme Court to Meet Thursday"; "Groups Ponder Ruling on Political Ads"; and "U.S. Govt Appeals Enemy-Combatant Ruling." Posted at 07:40 AM by Howard Bashman Wednesday, June 27, 2007 "Government calls Al-Marri ruling a threat to security": Lyle Denniston has this post today at "SCOTUSblog" reporting on a rehearing petition that the federal government filed today in the U.S. Court of Appeals for the Fourth Circuit. Posted at 11:35 PM by Howard Bashman "Appeals Panel 'Reluctantly' Tosses Child Porn Case": law.com provides a report that begins, "Judges of the Georgia Court of Appeals last week said they must 'reluctantly' issue an opinion that may make it more difficult for the state to prosecute people who look at child pornography. A three-judge panel on June 21 reversed the conviction of a North Georgia man on 106 counts of sexual exploitation of children because, the judges found, prosecutors didn't prove that the man knew he had pornographic images stored in his computer hard drive." Relatedly, the December 4, 2006 installment of my "On Appeal" column for law.com was headlined "Just Looking: Should Internet Ignorance Be a Defense to Child Porn Charges?" "Man in Ga. Teen Sex Case Is Denied Bond; Genarlow Wilson, convicted of having oral sex with a 15-year-old girl when he was 17, is trying to appeal a 10-year sentence": law.com provides this report. And The Los Angeles Times provides a news update headlined "Man in teen-sex case must stay in prison for appeal." "Even in Agreement, Scalia Puts Roberts to Lash": Linda Greenhouse will have this article Thursday in The New York Times. Posted at 11:10 PM by Howard Bashman "Got Bucs tickets? Get a free patdown; A federal appeals court disagrees with earlier decisions and clears the way for fan friskings at Raymond James." This article appears today in The St. Petersburg Times. And The Tampa Tribune today contains an article headlined "Expect Bucs Game Pat-Downs." My earlier coverage of yesterday's Eleventh Circuit ruling appears at this link. "NY Court: DWI Laws Don't Cover 'Huffing.'" The Associated Press provides a report that begins, "A motorist accused of 'huffing' stimulants from an aerosol can before getting into a deadly wreck cannot be charged with driving while intoxicated, New York's highest court ruled Wednesday." You can access today's ruling of the New York State Court of Appeals -- that State's highest court -- at this link. On this evening's broadcast of NPR's "All Things Considered": The broadcast contained audio segments entitled "Prosecution Plays Bin Laden Tape at Padilla Trial"; "Fired U.S. Attorney Testifies on Death Penalty"; and "Senate Panel Scrutinizes Wiretapping Program." Posted at 08:04 PM by Howard Bashman "Court's Ruling Won't Limit Christian Hate Speech: The Christian Right is concerned that yesterday's Supreme Court decision on student speech will restrict high-schoolers' ability to spread anti-gay messages; But they've got nothing to worry about." Sarah Posner has this essay online at The American Prospect. Posted at 04:11 PM by Howard Bashman "Bong Hits and Ad Runs: Two Supreme Court cases show the perils of making excuses for censorship." Jacob Sullum has this essay online today at Reason. Posted at 03:50 PM by Howard Bashman Seventh Circuit reverses sentence of one day of imprisonment for possession of child pornography: Circuit Judge Richard A. Posner issued this opinion today on behalf of a unanimous three-judge panel. The "Sentencing Law and Policy" blog offers these thoughts on the ruling. Posted at 02:30 PM by Howard Bashman "Case Study: Roberts to Review Supreme Court Term." Jess Bravin has this post at WSJ.com's "Washington Wire" blog. Posted at 02:20 PM by Howard Bashman Don't put off till tomorrow what you can do today: Lyle Denniston has this post at "SCOTUSblog" today describing what will happen when the U.S. Supreme Court holds what is expected to be the Court's final session for this Term. It would appear that Lyle doesn't expect any retirements to be announced from the bench tomorrow. Posted at 02:07 PM by Howard Bashman "Judge: No bond for Genarlow Wilson; Hearing canceled; ruling could keep him in jail for months." The Atlanta Journal-Constitution provides a news update that begins, "A Douglas County judge ruled Wednesday Genarlow Wilson is not eligible for bond in his child molestation case, a development that could keep Wilson behind bars for at least several more months pending an appeal in his case. Superior Court Judge David Emerson issued an order canceling a July 5 bond hearing for Wilson. He cited a state law that prohibits appeal bonds for people convicted of Wilson's crime -- aggravated child molestation -- and who have been sentenced to five years or more in prison. Wilson is now serving a 10-year prison sentence." And The Associated Press provides a report headlined "Judge: No Appeal Bail in Teen Sex Case." "Did student-speech rights go up in smoke?" David L. Hudson Jr. has this commentary online today at the First Amendment Center. Posted at 12:24 PM by Howard Bashman "DeLay Wins Round in Texas Court": The Associated Press provides a report that begins, "The Texas Court of Criminal Appeals refused Wednesday to reinstate a dropped conspiracy charge against former House Majority Leader Tom DeLay." And The Houston Chronicle provides a news update headlined "Court refuses to reinstate charges against DeLay." Today's 5-4 ruling of the Texas Court of Criminal Appeals -- that State's highest court in criminal cases -- consists of a majority opinion; two concurring opinions (here and here); and a dissenting opinion. You can access other documents filed in the case via this link. There's more than one way to declaw a cat: The "Background" section of an opinion that the U.S. Court of Appeals for the Federal Circuit issued today begins, "Young is the inventor of the '579 patent, directed to a surgical method for removing a claw from a domesticated cat." And while some judicial opinions may discuss the so-called "cat's paw" theory, this Federal Circuit opinion actually contains images of a cat's paw and associated claw. If you wish to learn about this particular method of declawing a cat, or simply to find out whether the term "near" is indefinite in the context of this patent, be sure to visit today's decision. I do not believe that the decision takes any position in the debate over whether cat declawing is cruel. "Mosques Reflect on Padilla's Islamic Education": This audio segment (RealPlayer required) appeared on today's broadcast of NPR's "Morning Edition." Posted at 10:55 AM by Howard Bashman "Jurors watch bin Laden interview; A 1997 CNN interview with Osama bin Laden took center stage at the Miami trial of Jose Padilla": This article appears today in The Miami Herald. The Los Angeles Times reports today that "Padilla jury shown Bin Laden video; Wiretap recordings of his codefendants praising the terrorist leader are also played." And The Washington Post reports that "Defense Objects as Padilla Jury Sees Video." "Closing Guantanamo: It's inevitable; better that Mr. Bush do it, while fixing the flawed legal system behind it." The Washington Post contains this editorial today. Posted at 08:47 AM by Howard Bashman "Ruling Could Spur More Ads; Decision on Campaign Finance May Mean Influx of 'Soft Money'": This article appears today in The Washington Post. Posted at 08:45 AM by Howard Bashman "Justice Stevens Calls On History He Lived; 'Bong Hits' Dissent Points to Prohibition": Charles Lane has this article today in The Washington Post. In addition, the newspaper contains an editorial entitled "A Less-Than-Banner Ruling: Of bong hits and First Amendment freedoms." Posted at 08:40 AM by Howard Bashman "Time's Pearlstine Looks Back at Plamegate, Blames Floyd Abrams": Bloomberg News columnist Margaret Carlson has this essay today. Posted at 08:35 AM by Howard Bashman "Lawyers Make Final Plea To Save Libby From Jail": Josh Gerstein has this article today in The New York Sun. And Bloomberg News reports that "Walton, Judge in Libby Case, Draws Fire Over Prison Sentence." "'Bong' decision a wise one: The school principal and the high court did the right thing; Every day, children die from illegal drugs - an issue far beyond free speech." Claude Lewis has this op-ed today in The Philadelphia Inquirer. Posted at 07:50 AM by Howard Bashman "Appoint Judges: Merit, not money." This editorial appeared yesterday in The Philadelphia Inquirer. Posted at 07:48 AM by Howard Bashman In commentary online at FindLaw: Julie Hilden has an essay entitled "A Federal Appeals Court Strikes Down the FCC's 'Fleeting Expletives' Policy on Administrative Law Grounds: Was It Right to Do So?" And Carl Tobias has an essay entitled "Defusing The Constitutional Confrontation over Congressional Subpoenas Relating to the U.S. Attorney Firings Scandal." "Bong hits 4 political boys but not lowly school boys": Today in The Houston Chronicle, columnist Cragg Hines has this op-ed. Posted at 07:35 AM by Howard Bashman "Legislators consider fixes to Supreme Court rulings": This article appears today in The Hill. Posted at 07:33 AM by Howard Bashman "How Big a Setback for McCain-Feingold?" Reynolds Holding has this article online at Time magazine's web site. He also has an article headlined "Ruling 'Bong Hits' Out of Bounds." Posted at 07:32 AM by Howard Bashman "Supreme Court's rulings confirm winning majority for conservatives": Michael Doyle of McClatchy Newspapers provides this report. Posted at 07:25 AM by Howard Bashman Tuesday, June 26, 2007 "At Supreme Court, two big GOP wins; The justices narrowly approve preelection 'issue ads' and protect Bush's faith-based initiative from legal challenges": David G. Savage has this article today in The Los Angeles Times. Posted at 11:40 PM by Howard Bashman "U.S. faith-based office staves off challenge; Wisconsin group lacks legal standing, Supreme Court rules": This article appears today in The Milwaukee Journal Sentinel. The Wisconsin State Journal reports today that "High court rules against local group." The Boston Globe reports that "Court bars suit on faith-based plan; Bush initiative can continue." And The Los Angeles Times contains an editorial entitled "Faith and taxes: A Supreme Court opinion barring taxpayers from challenging a president's faith-based spending ignores common sense." "Court Rocks the 2008 Campaign; Free Speech Is Backed for Ads on the Issues": The New York Sun contains this article today, along with an editorial entitled "Tie-Breaker." The Los Angeles Times reports today that "'Send a message' ads expected to swell; Groups such as the NRA may now air spots that target specific candidates in the weeks before an election." A related editorial is entitled "A good tweak: The Supreme Court strengthens a weakness on issue ads in the McCain-Feingold campaign-finance law." USA Today reports that "Shackles off 'issue ads' naming candidates, but who benefits up for debate." The newspaper also contains an editorial entitled "High Court opens door for wealthy interest groups." The Milwaukee Journal Sentinel reports that "Campaign ad limits relaxed; In case from Wisconsin, justices loosen key McCain-Feingold rule." The Washington Post contains an editorial entitled "A Loophole Reopens: The Supreme Court jettisons sense on campaign 'issue ads.'" And The Capital Times of Madison, Wisconsin contains an editorial entitled "Court backs bad politics." "Judge Discusses Details of Work On Secret Court; He Takes Issue With NSA's Wiretaps": This article appears today in The Washington Post. You can access via that web page audio of the judge's talk. Posted at 11:10 PM by Howard Bashman "U.S. agents are spared racketeering suit; The Supreme Court rejects a Woming rancher's legal strategy against the Bureau of Land Management": Henry Weinstein has this article today in The Los Angeles Times. Posted at 10:54 PM by Howard Bashman "Key trial evidence goes missing; Injured customers suing U-Haul over accidents have sought key equipment, only to find it lost or discarded": This lengthy article appears today in The Los Angeles Times. Posted at 10:50 PM by Howard Bashman "Judge Offers Plan to Keep Vonage Afloat": The Washington Post contains this article today. My earlier coverage of yesterday's Federal Circuit oral argument appears at this link. "Court Rules for Cleaners In $54 Million Pants Suit": This front page article appears today in The Washington Post. In addition, the newspaper contains an editorial entitled "Dressing Down: A D.C. judge puts the pants plaintiff in his place; Will the District's judge selections be handled as sensibly?" And Metro columnist Marc Fisher has an essay entitled "A Scary View of U.S. Legal System." The Los Angeles Times reports today that "D.C. jurist cuts pants plaintiff no slack; First he lost his trousers, now he's lost his suit, and he may yet have to dig deep into his pockets to pay the defendants' legal fees." And USA Today contains an article headlined "Pants suit: Ruling goes to the cleaners; Missing threads not worth $54M." "Justices let schools ban pro-drug signs; High court rules, 5-4, that administrators have the right to discipline students for promoting illegal activities": David G. Savage has this article today in The Los Angeles Times. The newspaper also contains an editorial entitled "The wrong lesson: In the 'BONG HiTS 4 JESUS' case, the Supreme Court muddles the message of an important precedent." The Juneau Empire reports today that "'Bong hits' ruling sides with district; Justices say Juneau principal had a right to suspend student." Bob Egelko of The San Francisco Chronicle reports that "'Bong' case limits student speech." USA Today contains an editorial entitled "Ruling in 'bong hits' case invites new curbs on school expression." And Claudia Mansfield Sutton has an op-ed entitled "Ruling strengthens schools; Court backs administrators' right to protect students' best interests." "Top Court Not Cruel To Buyer Of Warhol Elvis": The Associated Press provides a report that begins, "Elvis left the building with the right owner, the Connecticut Supreme Court ruled in an opinion released Monday. A 1962 Andy Warhol silk screen featuring 36 identical images of Elvis Presley's face was at the center of a court battle in Connecticut." You can access yesterday's ruling of the Supreme Court of Connecticut at this link. "New Scrutiny as Immigrants Die in Custody": The New York Times today contains an article that begins, "Sandra M. Kenley was returning home from her native Barbados in 2005 when she was swept into the United States' fastest-growing form of incarceration, immigration detention. Seven weeks later, Ms. Kenley died in a rural Virginia jail, where she had complained of not receiving medicine for high blood pressure. She was one of 62 immigrants to die in administrative custody since 2004, according to a new tally by Immigration and Customs Enforcement that counted many more deaths than the 20 previously known." Posted at 08:07 PM by Howard Bashman "Supreme Court to Weigh Limits on Cases Involving Medical Devices": This article appears today in The New York Times. Posted at 08:04 PM by Howard Bashman "Prosecutors Invite a Dismissal in KPMG Tax-Shelter Case, Burdened by Technicalities": The New York Times today contains an article that begins, "Federal prosecutors trying to bolster their faltering tax-shelter investigation have essentially dared a federal judge to dismiss charges against former employees of the accounting firm KPMG so that they can appeal the ruling and get the case moving again." And The Washington Post reports today that "U.S. Disputes KPMG Ruling; Dismissal of Tax-Shelter Case May Be Only Path to Appeal." "Can you have a hate crime without hate?" So asks today's installment (TimesSelect pass-through link) of Clyde Haberman's "NYC" column in today's issue of The New York Times. Posted at 07:50 PM by Howard Bashman "Three Bad Rulings": The New York Times today contains an editorial that begins, "The Supreme Court hit the trifecta yesterday: Three cases involving the First Amendment. Three dismaying decisions by Chief Justice John Roberts's new conservative majority." Posted at 07:44 PM by Howard Bashman "The Truth About Guantanamo: Proposals to treat detainees as criminal defendants make a mockery of international humanitarian law." James Taranto has this op-ed (free access) today in The Wall Street Journal. And today in The New York Times, Morris D. Davis has an op-ed entitled "The Guantanamo I Know." The Associated Press is reporting: An article headlined "Durbin Takes on Judge Over Combatants" begins, "A Senate Democratic leader Tuesday urged a Bush-appointed judge to recuse himself from cases involving enemy combatants and requested an explanation about information that might contradict his testimony about the White House's detainee policy. 'It appears that you misled me, the Senate Judiciary Committee, and the nation,' Senate Democratic Whip Dick Durbin of Illinois wrote to Judge Brett Kavanaugh of the U.S. Court of Appeals for the District of Columbia." And in other news, "La. Lawmakers Ban Late-Term Abortions." "Early action on detainees": Lyle Denniston has this post at "SCOTUSblog." Posted at 06:10 PM by Howard Bashman "A Supreme Court Conversation": The most recent entries in Slate's "The Breakfast Table" conversation between Walter Dellinger and Dahlia Lithwick can be accessed via this link. Posted at 06:02 PM by Howard Bashman "Analysis: Some Thoughts on Opinion Authorship and the Dynamic in the Court." Tom Goldstein has this post at "SCOTUSblog." Posted at 03:47 PM by Howard Bashman Glad we cleared that up! The U.S. Court of Appeals for the Second Circuit today issued an order adopting Local Rule 32.1, effective immediately. That local rule governs the citation of non-precedential opinions and makes clear the reasons why the court has decided to continue to use non-precedential opinions to decide certain appeals. A comment providing the rationale behind the rule explains, "Denying summary orders precedential effect does not mean that the court considers itself free to rule differently in similar cases." I can't help but think that the late Eighth Circuit Judge Richard S. Arnold, who considered non-precedential appellate court decisions to be unconstitutional and unwise, would have had a good laugh over that line. Thanks to Josh Gerstein of The New York Sun for drawing today's Second Circuit order to my attention. "Court: Stadium Pat-Downs Not A Violation." The Tampa Tribune provides a news update that begins, "Pat-down searches of fans entering Tampa Bay Buccaneers' games does not constitute a violation of the Constitution -- at least not in the case of a Tampa Bay Technical High School civics teacher who sued the NFL and the Tampa Sports Authority over the procedure." And The St. Petersburg Times provides a news update headlined "Appeals court reverses ruling on pat-downs at Bucs games." Earlier coverage appeared in articles headlined "His civics duty: A teacher who is fighting the NFL's policy of searching fans wants to set a good example for the students in his American government class" and "Judge to Bucs: No more fan patdowns; The team's security policy of patdown searches for fans at home games is unconstitutional, a federal judge rules." You can access today's ruling of the U.S. Court of Appeals for the Eleventh Circuit at this link. The basis for the today's ruling appears in the second to last paragraph of the opinion: Considering the totality of the circumstances, the Court concludes that Johnston voluntarily consented to pat-down searches each time he presented himself at a Stadium entrance to attend a game. The record is replete with evidence of the advance notice Johnston was given of the searches including preseason notice, pregame notice, and notice at the search point itself. It was clear error for the district court to find that Johnston did not consent to the pat-down searches which were conducted.I guess that, pursuant to today's ruling, a fan who wishes to attend a Tampa Bay Buccaneers home game and obtains a ticket but then is refused admission for failing to undergo the pat-down search would have the ability to pursue a Fourth Amendment challenge to the search. Posted at 03:12 PM by Howard Bashman "Mass. Inmates Asks for Sex Change": The Associated Press provides a report that begins, "A trial that opened more than a year ago has become bogged down in Boston federal court. There have been hundreds of hours of testimony from witnesses, including 10 medical specialists paid tens of thousands of dollars. The judge himself even hired an expert to help him make sense of it all. The question at the center of the case: Should a murderer serving life in prison get a sex-change operation at taxpayer expense?" Posted at 02:40 PM by Howard Bashman "Seattle Bar Honors Ninth Circuit Senior Judge Betty Binns Fletcher": The Public Information Office of the U.S. Court of Appeals for the Ninth Circuit issued this news release yesterday. Posted at 12:42 PM by Howard Bashman "Mandatory Minimum Terms Result In Harsh Sentencing": The Administrative Office of the U.S. Courts has today issued a news release that begins, "Citing cases in which first-time offenders received decades-long sentences under laws imposing mandatory penalties, a federal judge today told a Congressional subcommittee that such sentences are inequitable and unduly harsh." You can access the prepared testimony of U.S. District Judge Paul G. Cassell by clicking here. Additional coverage is available from the "Sentencing Law and Policy" blog here and here. "First Amendment claims get mixed reception at Court": Tony Mauro has this news analysis online at the First Amendment Center. Posted at 12:28 PM by Howard Bashman "Good Legal News For Bloggers": The blog "Baseball Crank" this morning has a post that begins, "The Second Circuit ruled, in today's decision in Best Van Lines, Inc. v. Walker, that making statements on an Iowa-based website about a New York-based moving company, responding to a question from a reader in New York, and accepting donations from New York readers does not subject the proprietor to jurisdiction in the New York courts under New York law." Circuit Judge Robert D. Sack wrote today's ruling of the U.S. Court of Appeals for the Second Circuit on behalf of a unanimous three-judge panel. "Money Politics": Today's broadcast of the public radio program "On Point" included as guests Dahlia Lithwick and Lawrence Lessig discussing some of yesterday's U.S. Supreme Court rulings. You can listen online using RealPlayer and Windows Media Player. Posted at 11:17 AM by Howard Bashman Counting strikes under the Prison Litigation Reform Act to determine a prisoner's ability to proceed in forma pauperis: The U.S. Court of Appeals for the D.C. Circuit issued two rulings today on this issue. The more exhaustive ruling can be accessed here, while the other decision is here. Posted at 11:08 AM by Howard Bashman On today's broadcast of NPR's "Morning Edition": The broadcast contained audio segments entitled "High Court Rulings Show Judicial Divide" (featuring Nina Totenberg) and "Supreme Court Ruling Punctures Endangered Species Act." RealPlayer is required to launch these audio segments. "Court: Vasectomy 'Gift' Not Recoverable." The AP provides this report on a ruling that the Utah Court of Appeals issued last week. Posted at 10:58 AM by Howard Bashman "Court Upholds Prisoners' Right to Porn": The Associated Press provides a report that begins, "Convicted sex offenders in Sweden are free to read pornography in their cells following a court ruling that has angered the prison service." Posted at 10:50 AM by Howard Bashman "[F]ew participants (with the possible exception of IP lawyers) ever stop to consider the intellectual property regime governing karaoke." A $806,000 statutory-damage award for willful copyright infringement survives challenge under both the Eighth Amendment and the Fifth Amendment's Due Process Clause in this ruling that a unanimous three-judge panel of the U.S. Court of Appeals for the Sixth Circuit issued today. Posted at 10:15 AM by Howard Bashman "Alito Champions Business Causes in First Full High-Court Term": Greg Stohr of Bloomberg News provides a report that begins, "In what may have been the most pro- business U.S. Supreme Court term in decades, standing out as companies' No. 1 ally was no small feat. Justice Samuel Alito managed it in his first full year." Posted at 09:58 AM by Howard Bashman "The Profession v. Gitmo: Lawyers, military or civilian, see war as just another legal case." Andrew C. McCarthy has this essay at National Review Online. Posted at 07:50 AM by Howard Bashman "Court's newcomers lead a measured push to the right; 5-4 rulings suggest that Roberts and Alito will reverse prior decisions -- to a point": Joan Biskupic has this front page article today in USA Today. Posted at 07:44 AM by Howard Bashman "N.Y. investor pools $1M for bond in Ga. teen sex case; Strangers pledge cash to free man while state appeals release order": This article appears today in USA Today. The Los Angeles Times reports today that "$1 million pledged in teen sex case; Eleven entrepreneurs say they'll post bond to free Genarlow Wilson while his conviction for a consensual act is on appeal." And The Atlanta Journal-Constitution reports that "$1 million pledged to cover bond for Wilson." Monday, June 25, 2007 "Experts Analyze Supreme Court Free Speech Rulings": This segment (transcript with links to audio) featuring Walter Dellinger and Richard Garnett appeared on this evening's broadcast of the PBS program "The NewsHour with Jim Lehrer." Posted at 10:30 PM by Howard Bashman "Whose Opinion is Controlling in Hein? (Part One of Two)." David Stras has this interesting post at "SCOTUSblog." I think David's answer is correct. Posted at 10:27 PM by Howard Bashman In Tuesday's edition of The Washington Post: Robert Barnes will have a front page article headlined "5-4 Supreme Court Weakens Curbs on Pre-Election TV Ads; Ruling on McCain-Feingold Law Opens Door for Interest Groups in '08." Charles Lane will have an article headlined "Court Backs School On Speech Curbs; A 5-4 Majority Cites Perils of Illegal Drugs In Case of the 'Bong Hits 4 Jesus' Banner." And an article will report that "Justices Quash Suit Over Funds For Faith Groups." Linda Greenhouse is reporting: Tuesday in The New York Times, she will have articles headlined "Vote Against Banner Shows Divide on Speech in Schools" and "Justices Reject Suit on Federal Money for Faith-Based Office." And Tuesday's newspaper will also contain an article by Linda Greenhouse and David D. Kirkpatrick headlined "Justices Loosen Ad Restrictions in Campaign Law." "Supreme Court: Decision Stands for Anna Mae He; The Court Won't Intervene in the Bitter Custody Battle over 8-Year-Old Girl." ABC News provides this report. And The Associated Press reports that "Supreme Court Refuses Tenn. Custody Case." "Fairness in Affirmative Action in Schools: Roberts Supreme Court Poised to Rule On Controversial Racial Issue." ABC News correspondent Jan Crawford Greenburg provides this written report. Posted at 09:05 PM by Howard Bashman "No $54 Million for Missing Pants, Judge Rules": The New York Times provides this news update. And ABC News reports that "Judge Rules in Favor of Dry Cleaners in $54 Million Pants Lawsuit; Dry Cleaners Will Not Have to Pay Anything to Their Disgruntled Customer." Available online from National Public Radio: This evening's broadcast of "All Things Considered" contained audio segments entitled "Supreme Court Rules on Free-Speech Cases" (featuring Nina Totenberg) and "Court Allows Transfer of EPA Authority to States." And today's broadcast of "Talk of the Nation" contained audio segments entitled "Supreme Court Rules Against Teen in Speech Case" (featuring David G. Savage) and "Millions for a Pair of Pants? Judge Says No!" RealPlayer is required to launch these audio segments. "Supreme Court rejects political ads curbs": Patti Waldmeir of Financial Times provides this report. Posted at 07:15 PM by Howard Bashman Warren Richey of The Christian Science Monitor is reporting: In Tuesday's issue of that newspaper, he will have articles headlined "Court restricts student expression; The Supreme Court ruled Monday that school officials retain discretion to censor student speech that they believe may encourage illegal drug use"; "Court clips campaign-finance law; In a 5-to-4 ruling, the Supreme Court justices say Wisconsin issue ads did not violate McCain-Feingold act"; and "Taxpayers can't sue over faith-based initiatives; A White House program to aid religious groups in providing social services survives a court test." Posted at 06:00 PM by Howard Bashman Reuters is reporting: James Vicini has articles headlined "Student loses ruling over 'Bong Hits 4 Jesus'"; "Court allows certain issue ads before elections"; and "Court: taxpayers can't sue on faith-based plan." And in related coverage, "U.S. Supreme Court to review Medtronic case" and "Supreme Court won't review tamoxifen case." Greg Stohr of Bloomberg News is reporting: He has articles headlined "High Court Limits Student Speech in 'Bong Hits' Case"; "Campaign Ad Limits Loosened"; and "Bush's Faith-Based Programs Win Shield at Top Court." Posted at 05:12 PM by Howard Bashman "Appeal Heard in Verizon-Vonage Case": The Associated Press provides a report that begins, "A judge suggested a possible compromise in a patent dispute between Internet phone carrier Vonage and Verizon Communications that would allow Vonage to continue signing up new customers while it modifies its technologies. Judge Timothy B. Dyk, part of the three-judge panel of the U.S. Court of Appeals for the Federal Circuit, made the remark during oral arguments Monday." You can download the audio of today's oral argument of the U.S. Court of Appeals for the Federal Circuit via this link (66.2MB mp3 file). "High Court Signals Rightward Tilt": Mark Sherman of The Associated Press provides this report. Posted at 05:04 PM by Howard Bashman Over the dissent of six judges, the Ninth Circuit denies rehearing en banc of three-judge panel decision that set aside one count of conviction of "Millennium Bomber" Ahmed Ressam: You can access today's order denying rehearing en banc, and accompanying dissent, at this link. Posted at 04:58 PM by Howard Bashman "Rulings From the High Court": This audio segment (RealPlayer required) featuring Lyle Denniston appeared on today's broadcast of the public radio program "Here & Now." Posted at 04:47 PM by Howard Bashman "Supreme Court Rejects Election Ad Restrictions": law.com's Tony Mauro provides this news update. Posted at 04:44 PM by Howard Bashman "The Conservatives Crush": This afternoon's part three of Slate's "A Supreme Court Conversation" version of "The Breakfast Table" featuring Walter Dellinger and Dahlia Lithwick can be accessed here. Posted at 04:40 PM by Howard Bashman "High Court Hands Down Free-Speech Rulings": This audio segment (RealPlayer required) featuring Dahlia Lithwick appeared on today's broadcast of NPR's "Day to Day." Posted at 04:37 PM by Howard Bashman Michael Doyle of McClatchy Newspapers is reporting: He has articles headlined "High court rules schools can curb student free speech"; "Campaign rules voided by Supreme Court"; and "Justices protect President Bush's faith-based initiatives." Posted at 04:30 PM by Howard Bashman David G. Savage of The Los Angeles Times is reporting: He has news updates headlined "Justices rule against student in 'bong hits' case; School principals may punish those who display signs that advocate drug use, the high court says in a narrow decision limiting free-speech rights" and "High court ends ban on corporate-funded campaign ads." Posted at 04:25 PM by Howard Bashman "WRTL: Big Win for Campaign Finance Deregulation." Law Professor Rick Hasen has this post at his "Election Law" blog. Posted at 12:48 PM by Howard Bashman In news updates from The Washington Post: Charles Lane reports that "Court Tightens Limits on Student Speech." And Robert Barnes reports that "Supreme Court Allows 'Issue Ads' Near Elections." "'Bong Hits for Jesus' case limits student rights": Bill Mears of CNN.com provides this report. Posted at 11:25 AM by Howard Bashman "Dry Cleaner Wins in Missing-Pants Case": The Associated Press provides a report that begins, "A judge on Monday ruled in favor of a dry cleaner that was sued for $54 million over a missing pair of pants in a case that garnered international attention and renewed calls for litigation reform." And The Washington Post provides a news update headlined "Plaintiff in Pants Suit Gets Nothing; Ruling for Dry Cleaner May Spell Bigger Woes for D.C. Judge Roy Pearson." Update: Via WSJ.com's "Law Blog," you can access both the trial court's findings of fact and conclusions of law and judgment in the case. Today's U.S. Supreme Court Order List and opinions in argued cases: At "SCOTUSblog," Lyle Denniston has a post titled "Court decides endangered species, religion, student speech, campaign finance cases; four new grants." Today's first opinion in an argued case issued in National Assn. of Home Builders v. Defenders of Wildlife, No. 06-340. You can access the opinion here and the oral argument transcript here. Justice Samuel A. Alito, Jr. delivered the opinion of the Court in the case, which was decided by a 5-4 margin. Justices John Paul Stevens and Stephen G. Breyer issued dissenting opinions. The second opinion in an argued case issued in Hein v. Freedom From Religion Foundation, Inc., No. 06-157. You can access the opinion here and the oral argument transcript here. Justice Alito announced the judgment of the Court on behalf of a three-Justice plurality. Justice Antonin Scalia issued an opinion concurring in the judgment, in which Justice Clarence Thomas joined. The remaining four Justices dissented in an opinion by Justice David H. Souter. The third opinion in an argued case issued in Wilkie v. Robbins, No. 06-219. You can access the opinion here and the oral argument transcript here. Justice Souter issued the opinion of the Court in the case, which was decided by a 7-2 margin. The fourth opinion in an argued case issued in Morse v. Frederick, No. 06-278. You can access the opinion here and the oral argument transcript here. The Chief Justice delivered the opinion of the Court. The fifth and final opinion in an argued case issued in Federal Election Comm'n v. Wisconsin Right to Life, Inc., No. 06-969. You can access the opinion here and the oral argument transcript here. The Chief Justice delivered the opinion of the Court. You can access today's Order List at this link. And in early news coverage, The Associated Press reports that "Student Free-Speech Rights Defined"; "Court Nixes Suit Over Faith-Based Plan"; "Court Loosens Limits on Election Ads"; "Business Prevails in Environmental Case"; and "Court Turns Down Pharmaceutical Case." The Court will next issue opinions in argued cases on Thursday, June 28, 2007, which is expected to be the final day for the issuance of opinions this Term. Available online from law.com: An article is headlined "N.Y. Governor: 'Judges Should Know Better' Than to Sue for Raise." And this week's installment of my "On Appeal" column is headlined "How Binding Is a Federal Appellate Court's Prediction of State Law?" "Blinded by the law: Teen sex case shows that focusing on the letter of the law doesn't always spell justice." Yesterday in The Chicago Tribune, Radley Balko had an op-ed that begins, "Earlier this month, a Georgia judge threw out the 10-year prison sentence of 21-year-old Genarlow Wilson." Posted at 08:50 AM by Howard Bashman "Case puts lethal injection on trial": This article appears today in The Atlanta Journal-Constitution. Posted at 08:37 AM by Howard Bashman "An abuse of power deepens": The St. Petersburg Times today contains an editorial that begins, "One of the more troubling ways President Bush has abused the power of his office is through his profligate use of bill-signing statements." Posted at 08:25 AM by Howard Bashman "Pushing the Envelope on Presidential Power": The Washington Post today contains a front page article that begins, "Shortly after the first accused terrorists reached the U.S. naval prison at Guantanamo Bay, Cuba, on Jan. 11, 2002, a delegation from CIA headquarters arrived in the Situation Room. The agency presented a delicate problem to White House counsel Alberto R. Gonzales, a man with next to no experience on the subject." Posted at 08:14 AM by Howard Bashman "Media, DA decried in Manzanares death; Ethics questioned in coverage of stolen laptop case": The Rocky Mountain News today contains an article that begins, "The death of Larry Manzanares has raised several sharp ethical questions about the news media and prosecutors for the way the case against the former Denver judge and city attorney was filed and covered. Several friends and colleagues of Manzanares blamed the media in general, and the Rocky Mountain News in particular, for what they felt was sensational treatment of the fact that pornography was discovered on a stolen state court laptop computer found in his possession." In addition, columnist Tina Griego has an op-ed entitled "Sadness, anger reflect enormity of this loss." And The Denver Post reports today that "Family, friends mourn lawyer; Gathering at the park." "4th Circuit Vacancies: Nominees needed fast." Law Professor Carl Tobias has this op-ed today in The National Law Journal. Posted at 08:00 AM by Howard Bashman "Bench Marks: The Supreme Court's looming legitimacy crisis." Online today at The New Republic, Benjamin Wittes has this essay. Posted at 07:55 AM by Howard Bashman "A Judge at the Plaintiff's Table Tips the Scales": Today in The New York Times, the new installment of Adam Liptak's "Sidebar" column begins, "Chief Justice Robert R. Thomas of the Illinois Supreme Court has lately been disqualifying himself from hearing libel cases. That is probably because he is a libel plaintiff himself, one who not long ago won a $7 million verdict against a little newspaper in the Chicago suburbs, The Kane County Chronicle, circulation 14,000." My most recent earlier coverage of this matter, including a link to access the newspaper's federal court lawsuit against the Chief Justice of Illinois, can be accessed here. "With Alito aboard, court weighs racial diversity in school": This article appears today in The Newark (N.J.) Star-Ledger. ABC News reports that "Supreme Court Returns to Race Issue; Court Will Rule on Affirmative Action for First Time Since 2003." And The Seattle Post-Intelligencer today contains an editorial entitled "Seattle Schools: Righting wrongs." "In Second Term, Roberts Court Defines Itself; Many 5 to 4 Decisions Reflect Narrowly Split Court That Leans Conservative": Robert Barnes has this article today in The Washington Post. Posted at 07:44 AM by Howard Bashman "High Court Just Says No to Pro-Business Extremism": Bloomberg News columnist Ann Woolner has this essay today. Posted at 07:40 AM by Howard Bashman Sunday, June 24, 2007 "What did Brown mean? The Supreme Court may reinterpret the landmark ruling, threatening racial diversity in schools." Edward Lazarus has this op-ed today in The Los Angeles Times. Posted at 11:10 PM by Howard Bashman "He's a hired gun of the highest caliber: Wal-Mart's top outside lawyer is known for limiting punitive damages and defending media access." This profile of Theodore J. Boutrous Jr. appears today in The Los Angeles Times. Posted at 11:04 PM by Howard Bashman "Guantanamo justification is cloaked in hypocrisy": John Chandler and Robert Allen have this op-ed today in The Atlanta Journal-Constitution. Posted at 10:54 PM by Howard Bashman "The mean men in black": Today in The St. Petersburg Times, columnist Robyn Blumner has an op-ed that begins, "Often you can sum up the collective actions of the Supreme Court under a particular chief justice with one word. The Warren court will always be remembered as liberal, the Burger court as pragmatic, the Rehnquist court as conservative, and the Roberts court in a short time has already earned its moniker: mean." Posted at 10:50 PM by Howard Bashman "Speech Police, Riding High In Oakland": Columnist George F. Will has this op-ed today in The Washington Post. Posted at 10:40 PM by Howard Bashman "Judge's death rocks colleagues; Manzanares committed suicide Friday amid charges he had stolen a court laptop": The Denver Post provides a news update that begins, "Anger and sadness settled Saturday on those who remembered Larry Manzanares for his lifelong service to the community and blamed his suicide on excessive publicity surrounding the scandal that toppled his career. Harvard-educated Manzanares, 50, who had been a popular and well- respected local judge for 15 years, resigned from his nearly 2-month-old post as city attorney in February after a stolen laptop was found in his possession. Felony charges of theft, embezzlement and tampering with evidence were filed against him June 13. The former judge was dealing with a collapsing career, possible prison time and media scrutiny of his personal life. He shot himself Friday, just hours after he was advised of the charges against him in court." Another news update from The Denver Post is headlined "Colleagues decry actions of prosecution." And today's newspaper reports that "Ex-city attorney kills himself." And Saturday's edition of The Rocky Mountain News contained an article headlined "Laptop case on lockdown; Temporary gag order issued by judge" that begins, "The defense attorney for former Denver city attorney and District Judge Larry Manzanares contends prosecutors violated his rights when they held a news conference and released an affidavit detailing pornography found on a stolen laptop." "Bush domestic spying program flawed, former FISA court chief says": McClatchy Newspapers provide a report that begins, "The former chief judge of a secret national security court took a swipe Saturday at the administration’s recently halted domestic spying program and said he insisted from the outset that the information gleaned must not be co-mingled with intelligence gathered under court warrants." And The Associated Press reports that "Judge Criticizes Warrantless Wiretaps." "A New Cheney-Gonzales Mystery": Michael Isikoff will have this Periscope item in the July 2, 2007 issue of Newsweek. Posted at 08:05 PM by Howard Bashman In the July 2, 2007 issue of Time magazine: An article is headlined "The Endgame for Guantanamo?" Reynolds Holding has an article headlined "E-mail Privacy Gets a Win in Court." And a profile of former Third Circuit Judge Michael Chertoff is headlined "The Running Man." On yesterday's and today's broadcasts of NPR's "All Things Considered": Yesterday's broadcast contained audio segments entitled "Deciding the Future of Guantanamo" and "Military Lawyer Questions Guantanamo Hearings." And today's broadcast contained an audio segment entitled "Judge Remembers Time on Top Secret Bench." RealPlayer is required to launch these audio segments. Altoona Curve 5, Reading Phillies 4: My son and I traveled this afternoon to Reading, Pennsylvania where we saw the home Phillies lose to the visiting Curve. Notwithstanding the outcome, the weather this afternoon was beautiful and the game was exciting. You can access the box score at this link, while wraps are available here and here. Posted at 05:35 PM by Howard Bashman Saturday, June 23, 2007 California city's declawing ban regains its claws: Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "Court says city can ban declawing." You can access yesterday's ruling of the California Court of Appeal for the Second District at this link. "At White House, Renewed Debate on Guantanamo": This article appears today in The New York Times. Posted at 04:13 PM by Howard Bashman "Third-in-Command at Justice Dept. Resigns; Mercer to Leave Washington Job but Keep U.S. Attorney's Position in Montana": The Washington Post contains this article today. Posted at 04:12 PM by Howard Bashman "Protecting e-mail: A court rules that e-mails deserve the same 4th Amendment protections as telephone calls." This editorial appears today in The Los Angeles Times. Posted at 04:05 PM by Howard Bashman "Civil rights lawyer Yagman found guilty of tax evasion; The verdict could end the career of the combative attorney, who brought hundreds of cases against the LAPD and other agencies": Joe Mozingo and Henry Weinstein have this article today in The Los Angeles Times. Posted at 04:00 PM by Howard Bashman "Court turns a cold shoulder": The St. Petersburg Times today contains an editorial that begins, "'It is intolerable for the judicial system to treat people this way.' That's what four dissenting U.S. Supreme Court justices said of the treatment of Keith Bowles. In denying Bowles the ability to appeal of his murder conviction, the high court demonstrated it puts process ahead of justice." Posted at 03:50 PM by Howard Bashman "Kelo warning fulfilled": Today in The Washington Times, Dick Carpenter and John Ross have an op-ed that begins, "Today marks the two-year anniversary of the now-infamous Kelo decision, in which five Supreme Court justices ruled that the U.S. Constitution permits the use of eminent domain to seize well-maintained private property for economic development." Posted at 03:40 PM by Howard Bashman "Court Upholds Gun Conviction, Police Stop; D.C. Officers Lacked Just Cause, Appellant Tells Federal Judges": The Washington Post contains this article today. And The Associated Press reports that "Judge slams police tactics." My earlier coverage of yesterday's D.C. Circuit ruling appears at this link. "An Ex-Member Calls Detainee Panels Unfair; Lawyer Tells of Flawed 'Combatant' Rulings": This article appears today in The Washington Post. The New York Times reports today that "Reserve Officer Criticizes Process of Identifying 'Enemy Combatants' at Guantanamo." And The Boston Globe reports that "Officer criticizes military tribunals; Affidavit cites problems at Guantanamo Bay." "Recanted Testimony Fails to Overturn Conviction in a 1991 Murder": The New York Times today contains an article that begins, "The United States Court of Appeals for the Second Circuit has denied the appeal of a man convicted of murder in 1992 on the strength of testimony from five eyewitnesses who later recanted under oath." Posted at 02:35 PM by Howard Bashman Happy birthday to Justice Clarence Thomas: According to the "Today in history" feature from The AP, today is Justice Thomas's 59th birthday. Posted at 02:22 PM by Howard Bashman "8 Cases Await Rulings by Supreme Court": Mark Sherman of The Associated Press provides this report. The AP's description of those eight cases can be accessed here. Posted at 02:05 PM by Howard Bashman Friday, June 22, 2007 "Batson and the 'O.J. factor'": Lyle Denniston has this post at "SCOTUSblog." Posted at 10:48 PM by Howard Bashman FEMA meets FOIA: According to a lengthy decision that the U.S. Court of Appeals for the Eleventh Circuit issued today, "At issue today is whether FEMA has established that the names and addresses of 1.3 million individuals who applied for aid or made insurance claims after one of 31 federally-declared disasters are exempt from disclosure under the FOIA ...." The court holds that the addresses are not exempt from disclosure, but the names are. Posted at 10:38 PM by Howard Bashman "A Supreme Court Conversation": Slate's "The Breakfast Table" featuring Walter Dellinger and Dahlia Lithwick is back, and the first two installments are titled "Are We All Legal Realists Now?" and "The Constitution: The Juicy Bits." Posted at 10:27 PM by Howard Bashman "The Next Supreme Court Vacancy: There's plenty of room to confirm another strong justice." Edward Whelan has this essay at National Review Online. Posted at 10:25 PM by Howard Bashman "Tax resisters finding allies in cyberspace; N.H. couple vow to continue fight": This article appears today in The Boston Globe. Posted at 07:54 PM by Howard Bashman "A Tale of Two Prosecutors: Mike Nifong is punished, but Patrick Fitzgerald isn't." Dorothy Rabinowitz has this op-ed (free access) today in The Wall Street Journal. Posted at 03:55 PM by Howard Bashman "High Court Sentencing Vote May Bode Ill for Libby": This audio segment (RealPlayer required) featuring Nina Totenberg appeared on today's broadcast of NPR's "Morning Edition." Posted at 03:44 PM by Howard Bashman Eleventh Circuit affirms dismissal for lack of standing of Burger King franchisees' class action against McDonald's Corporation asserting a false advertising claim under the Lanham Act relating to fraudulently administered McDonald's promotional games: You can access today's ruling at this link. Posted at 03:38 PM by Howard Bashman "This case presents the question of whether the First Amendment prevents Massachusetts law enforcement officials from interfering with an individual's internet posting of an audio and video recording of an arrest and warrantless search of a private residence, when the individual who posted the recording had reason to know at the time she accepted the recording that it was illegally recorded." So begins a decision that a unanimous three-judge panel of the U.S. Court of Appeals for the First Circuit issued today. As for the outcome of today's ruling, the opinion's final paragraph begins, "We conclude that the government interests in preserving privacy and deterring illegal interceptions are less compelling in this case than in Bartnicki, and Jean's circumstances are otherwise materially indistinguishable from those of the defendants in Bartnicki, whose publication of an illegally intercepted tape was protected by the First Amendment. Jean's publication of the recording on her website is thus entitled to the same First Amendment protection." "Standing by sentencing guidelines: A Supreme Court ruling brings some clarity to a complicated federal sentencing system." This editorial appears today in The Los Angeles Times. Posted at 02:30 PM by Howard Bashman "British Court Hears Chastity Ring Case": The Associated Press provides a report that begins, "A teenage girl banned from wearing a chastity ring in class took her case to Britain's High Court on Friday, arguing that her school had violated her religious freedom. Lydia Playfoot, 16, a pupil at the Millais School in Horsham, about 40 miles south of London, wears a ring as a sign of her commitment to abstinence from sex until marriage." The New York Times provides a news update headlined "British Girl Sues for Right to Wear Chastity Ring." The Times of London today contains articles headlined "Girl goes to court over her 'silver ring thing'" and "Briefing: the Silver Ring Thing." And The Guardian (UK) provides news updates headlined "School's chastity ring ban 'violated religious freedom'" and "The issue explained: Abstinence pledges." "Old bin Laden Interview Is Allowed Into Padilla's Trial": The New York Times contains this article today. And The Miami Herald reports today that "Padilla jury to see bin Laden interview; A federal jury in Miami will view a CNN interview with al Qaeda leader Osama bin Laden in the Jose Padilla terrorism trial." "Top court empowers athletic associations; State groups get authority over recruiting; Brentwood Academy exhausts case appeals": This article appears today in The Tennessean, along with an article headlined "Athletic association, private schools try to heal; Foes must plan course for future." Today in The Los Angeles Times, David G. Savage and Eric Sondheimer have an article headlined "Supreme Court upholds limits on high school recruiting; The justices rule unanimously that coaches' recruitment efforts aren't protected as free speech." In USA Today, Joan Biskupic reports that "'Hard sell' in high school sports recruiting is out of bounds; High court: Limits do not interfere with free speech." And Robert Barnes of The Washington Post reports that "Tenn. High School Loses 10-Year Battle Over Recruiting." "Attorneys lock horns in privacy case; Lawyers argue that federal attempts to block investigations into whether phone records were revealed overstep the security act": Henry Weinstein has this article today in The Los Angeles Times. Posted at 02:10 PM by Howard Bashman "Investors' Suits Face Higher Bar, Justices Rule": This article appears today in The New York Times. Today in The Washington Post, Robert Barnes and Carrie Johnson report that "Pro-Business Decision Hews To Pattern of Roberts Court." And The Los Angeles Times reports that "Bar raised for suits by investors; A Supreme Court ruling is likely to lower the number of cases filed." "Ex-Professor's Contempt Citation Prolonged": The Washington Post today contains an article that begins, "A federal judge has extended the contempt citation against a former Florida professor who has refused to testify in the investigation into whether Islamic charities in Northern Virginia were financing terrorist organizations. Sami al-Arian will remain jailed until at least October under Wednesday's ruling by U.S. District Judge Gerald Bruce Lee in Alexandria, Arian's wife and sources familiar with the decision said yesterday." Posted at 01:57 PM by Howard Bashman "Senators Deride Justice Reassignments; Prosecutor Firings and Staff Decisions Draw Hill Criticism": This article appears today in The Washington Post, along with an article headlined "Ashcroft Tells of Surveillance Disputes; House Panel Hears Of Battle Within Administration." Posted at 01:55 PM by Howard Bashman "The complaint is a hideous sprawling mess, 40 pages in length with 221 paragraphs of allegations," and therefore "the defendants can hardly be blamed for wanting to strangle the monster in its crib." So writes Seventh Circuit Judge Richard A. Posner, on behalf of a unanimous three-judge panel, in a decision issued today affirming the denial of a motion to dismiss. Posted at 01:45 PM by Howard Bashman "White House, Congress clashes could get bumpy": Michael Doyle of McClatchy Newspapers has an article that begins, "President Bush and the Democratic-led Congress are on a collision course over White House secrets, a sensitive conflict that's as old as the country itself." Posted at 10:20 AM by Howard Bashman "The facts of this case lead me to wonder if Terry's prudent constraints on police conduct have been forgotten in our frustration over city life plagued with drug trafficking and violent crime." So writes D.C. Circuit Judge Janice Rogers Brown in a dissenting opinion issued today. She then writes, "As a result, what we are now tempted to enforce is not Terry but the rule that, in a high-crime neighborhood, being young, male, and black creates reasonable, articulable suspicion." Posted at 10:17 AM by Howard Bashman "This case raises a question that, surprisingly, has not yet been decided by this court: whether federal grand jury witnesses, after they have testified, are entitled to examine the transcripts of their own testimony." So begins a decision that the U.S. Court of Appeals for the D.C. Circuit issued today. The answer to that question, according to today's unanimous per curiam decision, is "yes." Posted at 10:14 AM by Howard Bashman "Guantanamo Splits Administration; Arguments Center on How to Handle Remaining Detainees": This article appears today in The Washington Post. The Miami Herald reports today that "U.S. seeking takers for Guantanamo detainees; A State Department advisor said the government has been trying to transfer some detainees as the White House denied a report it was nearing a decision to close Guantanamo." The Los Angeles Times reports that "Guantanamo's fate still undecided; A high-level meeting set today is canceled; But the future of the U.S. military prison may yet be discussed." And CNN.com reports that "Guantanamo meeting canceled after report closure is near." The Associated Press is reporting: Now available online are articles headlined "White House Wants Spying Lawsuits Tossed" and "'Brown V. Board' School May Be Spared." Posted at 09:58 AM by Howard Bashman "W.U. wins right to keep cancer research samples": Yesterday's edition of The St. Louis Post-Dispatch contained an article that begins, "Human tissue, blood and DNA samples in limbo since 2003 because of a legal battle can now be used for prostate cancer research, Washington University officials said Wednesday after winning a key ruling. Dr. William J. Catalona, a noted researcher, fought to take the material with him after leaving the university, which opposed it." And The Associated Press provides an article headlined "Court: University Owns Research Samples." My earlier coverage of Wednesday's Eighth Circuit ruling appears at this link. "After One Objection, Senate Confirms Corzine's Choice for Chief Justice": This article appears today in The New York Times. The Philadelphia Inquirer reports today that "Rabner confirmed for high court." And The Newark (N.J.) Star-Ledger contains an article that begins, "The state Senate yesterday approved a new chief justice who may now lead New Jersey's Supreme Court for a generation." "Don't Veto, Don't Obey": The New York Times today contains an editorial that begins, "President Bush is notorious for issuing statements taking exception to hundreds of bills as he signs them." Posted at 09:35 AM by Howard Bashman "Libby Judge Files Expanded Opinion; Details Decision Not Allowing Libby to Remain Free": Josh Gerstein of The New York Sun provides this news update. Yesterday morning, in a post you can access here, I made the opinion available online via this link. "The Supreme Court's Recent Decision Regarding Whether a Car Passenger is 'Seized' in a Traffic Stop: What the Court Held, What it Didn't Hold, and Why the Decision Was Unanimous." Vikram David Amar has this essay online today at FindLaw. Posted at 08:14 AM by Howard Bashman Thursday, June 21, 2007 "Justices Support Guidelines for Sentencing": 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 "Sentencing Guidelines 'Reasonable,' Justices Rule." "Court Rules Coach's Violations Are Not a Form of Free Speech": Linda Greenhouse will have this article Friday in The New York Times. Posted at 11:50 PM by Howard Bashman More Kerr-ect Ninth Circuit decision in in workplace computer search appeal survives sua sponte call for rehearing en banc: Yet eleven active judges -- ten Democratic appointees and Circuit Judge Alex Kozinski -- note their dissent from the denial of rehearing en banc. And the original three-judge panel -- which also had a majority of Democratic appointees -- today issued an opinion concurring in the denial of rehearing en banc. That three-judge panel also issued two earlier rulings in the case. The panel's initial ruling, which Law Professor Orin Kerr criticized in this post, issued in August 2006. My initial coverage of that ruling appeared here. That panel's more-Kerr-ect revised opinion issued in late January 2007, and my coverage of that revised opinion appeared here. How is a federal district judge to calculate the equivalent of sixty percent of a life sentence? A federal district court, with the federal government's support, wished to reduce a federal convict's sentence of imprisonment by forty percent for cooperation. The fly in the ointment, however, was that the sentence to be reduced was a sentence of life imprisonment. How the district court should proceed when faced with this quandary is the subject of this decision that a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit issued today. Posted at 11:03 PM by Howard Bashman "The background of this case reads like a novel but represents the true story of hopes dashed, fees wasted, and dreams lost by hundreds of individual inventors caught up in the world of self-interested promoters who promise the world and deliver very little." So states an opinion that the U.S. Court of Appeals for the Federal Circuit issued today. Posted at 10:40 PM by Howard Bashman "High Court Rules on School Athletics, Sentencing": This audio segment (RealPlayer required) featuring Nina Totenberg appeared on this evening's broadcast of NPR's "All Things Considered." Posted at 08:37 PM by Howard Bashman "Court Sets Stricter Standard for Shareholder Lawsuits": Robert Barnes of The Washington Post provides this news update. The New York Times provides a news update headlined "Justices Tighten Rules on Shareholder Suits." law.com's Tony Mauro provides a news update headlined "High Court Raises the Bar for the Plaintiffs Bar." Greg Stohr of Bloomberg News reports that "Top U.S. Court Tightens Limits on Shareholder Suits." Reuters reports that "Top court makes US securities fraud suits harder." And MarketWatch reports that "High court backs Tellabs in securities case; Decision sets tougher standards for securities class-action suits." "Justices uphold rules on high school athletic recruiting": David G. Savage of The Los Angeles Times provides this news update. And Reuters reports that "Supreme Court upholds school sports rules." "High court bolsters sentencing guidelines; In a closely watched decision, court's majority says they're more than advisory but less than mandatory": Warren Richey will have this article Friday in The Christian Science Monitor. James Vicini of Reuters reports that "Justices make it harder to get lower sentences." And Mark Sherman of The Associated Press reports that "Court Backs Rules Governing Prison Terms." "High court has been good for business; A dozen rulings in the last year have been a boon to corporations by making it harder to sue them or limiting lawsuit damages": David G. Savage has this article today in The Los Angeles Times. Posted at 06:08 PM by Howard Bashman "Questions surprise lawyers on same-sex marriage case": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "The California Supreme Court surprised participants in the same-sex marriage case Wednesday with a new set of questions on the nature of matrimony, the rights of spouses and domestic partners and the meaning of a voter-approved ballot measure." Posted at 06:07 PM by Howard Bashman "Man to pay nearly $3,000 for fecal incident": The Post-Bulletin of Rochester, Minnesota provides a news update that begins, "An Austin man who put dog feces in a payment envelope for a parking ticket in April must pay nearly $3,000 in restitution to the woman who opened it." Posted at 06:05 PM by Howard Bashman "Phone privacy case pits Justice Dept. vs. states; A federal judge will hear arguments as the Bush administration tries to block investigations into its Terrorist Surveillance Program": Henry Weinstein has this article today in The Los Angeles Times. Posted at 06:02 PM by Howard Bashman The Associated Press is reporting: An article headlined "Officials Near Decision to Close Gitmo" begins, "The Bush administration is nearing a decision to close the Guantanamo Bay detention facility and move the terror suspects there to military prisons elsewhere, The Associated Press has learned." And an article headlined "Appeal of Bush Assassination Plot Heard" begins, "An American Muslim convicted of plotting to assassinate President Bush had been tortured into confessing and was denied his constitutional right to confront his accusers, his attorney told a federal appeals court Thursday." "Vote on judicial nominee Southwick postponed again": The Clarion-Ledger of Jackson, Mississippi provides a news update that begins, "Sen. Patrick Leahy, the head of the Senate Judiciary Committee, said today he agreed to hold over a panel vote on the nomination of Mississippi Judge Leslie Southwick for a federal appeals court seat. Leahy, D-Vt., said he had postponed the vote at the request of Republicans on the committee. He declined to elaborate. Thursday’s postponement is the fourth time the Judiciary Committee has decided to put off a vote on the nomination." Posted at 05:48 PM by Howard Bashman Programming note: I must attend a court hearing in Atlantic City, New Jersey this afternoon, so additional posts will appear here later today. Posted at 10:50 AM by Howard Bashman U.S. District Judge Reggie B. Walton has today issued an opinion explaining why he denied "Scooter" Libby's request for release pending appeal: I have posted a copy of today's opinion online, and you can access it via this link. Posted at 10:45 AM by Howard Bashman "Court rules on Sentencing Guidelines": At "SCOTUSblog," Lyle Denniston has this post reporting on the three opinions in argued cases that the U.S. Supreme Court issued today. Today's first decision in an argued case issued in Rita v. United States, No. 06-5754. You can access the opinion here and the oral argument transcript here. The Court's syllabus provides the following breakdown of how the Justices voted: "Breyer, J., delivered the opinion of the Court, in which Roberts, C. J., and Stevens, Kennedy, Ginsburg, and Alito, JJ., joined, and in which Scalia and Thomas, JJ., joined as to Part III. Stevens, J., filed a concurring opinion, in which Ginsburg, J., joined as to all but Part II. Scalia, J., filed an opinion concurring in part and concurring in the judgment, in which Thomas, J., joined. Souter, J., filed a dissenting opinion." The Court today also issued its ruling in Tellabs, Inc. v. Makor Issues & Rights, Ltd., No. 06-484. You can access the opinion here and the oral argument transcript here. Today's third and final opinion in an argued case issued in Tennessee Secondary School Athletic Assn. v. Brentwood Academy, No. 06-427. You can access the opinion here and the oral argument transcript here. In early news coverage, The Associated Press reports that "Standard for Fraud Suits Tightened" and "High School Sports Recruiting Limited." Heading into its final week of the Term, the Court has eight decisions in argued cases outstanding. The Associated Press is reporting: An article reports that "'Brown V. Board' School Could Be Razed." In other news, "Pakistanis Protest Suspension of Judge." And on this date in 1788, "the United States Constitution went into effect as New Hampshire became the ninth state to ratify it." "Precedents Begin to Fall for Roberts Court": Linda Greenhouse has this article today in The New York Times. Posted at 06:57 AM by Howard Bashman "Judge Rejects Pleas To Free Al-Arian": Josh Gerstein has this article today in The New York Sun. The St. Petersburg Times reports today that "Al-Arian's wife, 2 children will move to Egypt." And The Tampa Tribune reports that "Al-Arian's Family Said To Be Leaving." "The Transformation of Justice Ruth Bader Ginsburg, As the Roberts Court Shifts from Harmony and Consensus to Bitter Division": Edward Lazarus has this essay online today at FindLaw. Posted at 06:34 AM by Howard Bashman Available online from law.com: An article reports that "Citing Supreme Court Precedent, 11th Circuit Reverses Major Copyright Ruling; 'Greenberg' and 'Tasini' cases pit publishers against freelance photographers and writers." My earlier coverage of last Wednesday's Eleventh Circuit ruling appears at this link. In other news, "Calif. Justices to Decide: Should Good Deeds Go Unpunished?" And in news from Florida, "Judge Goes Easy on Lawyer Who Made 'French Fries' Comment About Her." Wednesday, June 20, 2007 "Four Myths of Judicial Review: A Response to Richard Posner's Criticism of Aharon Barak's Judicial Activism." Law Professor Barak Medina has posted this essay (abstract with links for download) online at SSRN (via "Legal Theory Blog"). I previously linked here to Seventh Circuit Judge Richard A. Posner's interesting review (pass-through link) published in The New Republic. Terry Evans hits a home run in his second Major League Baseball at bat: We knew that this particular Seventh Circuit judge was quite the sports fan, but this evening's news is quite remarkable. It was only just the other day that Evans received his call-up to the majors. No other Seventh Circuit judges, or their namesakes, are currently active on any Major League Baseball rosters. Update: MLB.com provides reports headlined "Evans helps Angels top Astros; Rookie provides first big-league hit, scores go-ahead run" and "Evans soaking in first start; New Angels outfielder homers in second big-league at-bat." And The Los Angeles Times provides this coverage. "Supreme process: An insider's guide; Coats details contentious Senate confirmations." The Journal Gazette of Fort Wayne, Indiana today contains an article that begins, "Baseball was the common ground Samuel Alito found with several senators he had lingering discussions with in the weeks before his confirmation to the Supreme Court." Posted at 10:58 PM by Howard Bashman "A Conundrum on Federal Court Determinations of State Law Issues": This post appears today at the "The California Blog of Appeal." Posted at 10:52 PM by Howard Bashman "What's in a Laptop? Court Ponders Legality of Border Searches." Wired News provides a report that begins, "Is your laptop a fancy piece of luggage or an extension of your mind? That's the central question facing a federal appeals court in a case that could sharply limit the government's ability to snoop into laptop computers carried across the border by American citizens." Additional information about the case is available from Electronic Frontier Foundation here and here. "Paulson Pushed on Shareholder Suit Issue": Pete Yost of The AP has an article that begins, "Treasury Secretary Henry Paulson said Wednesday he personally initiated his department's role in a Supreme Court case that could hurt shareholders' efforts to recover losses in securities fraud lawsuits." Posted at 08:17 PM by Howard Bashman "Libby Draws Conservative Appellate Panel": The Associated Press provides a report that begins, "Two of the three judges considering whether to delay former White House aide I. Lewis 'Scooter' Libby's prison sentence were Republican appointees. Libby's request was assigned to Judges David B. Sentelle, Karen Lecraft Henderson and David Tatel of the U.S. Court of Appeals for the District of Columbia Circuit." Posted at 08:14 PM by Howard Bashman "Gag Order: A Nebraska judge bans the word rape from his courtroom." Dahlia Lithwick has this jurisprudence essay online at Slate. Posted at 08:00 PM by Howard Bashman "FREE and clear: Judge Ginsburg (not Sentelle) gets engaged." Tony Mauro has this post at "The BLT: The Blog of Legal Times." Posted at 05:25 PM by Howard Bashman "A preliminary statistical analysis ... shows that, overall, former federal appellate court judges on the U.S. Supreme Court are more likely to affirm decisions from their own circuit than from all others." Lee Epstein has this post today at "Balkinization." Of course, the general rule doesn't apply to Justices whose home court is the Ninth Circuit, given how rarely that federal appellate court's rulings are upheld. Whether it's fair, for purposes of the study, to treat Justice Stephen G. Breyer -- who served on the First Circuit for nearly fourteen years -- the same as Justice David H. Souter -- who basically stopped in at the First Circuit for a cup of coffee before heading upstairs -- is not discussed in Epstein's post. "Breaking into Appellate Law": Eugene Volokh has this post at "The Volokh Conspiracy." (Update: A second, related post appears here.) And via this separate post at that blog, you can access the state trial court's opinion granting habeas relief in favor of Genarlow Wilson. "An apolitical government employee appeals a grant of summary judgment rejecting her claim that she was fired in violation of her First Amendment rights because she failed to support the administration or political party in power. We hold that First Amendment rights to freedom of speech and association protect government employees who lack a political affiliation from political patronage discrimination." So begins the majority opinion that a divided three-judge panel of the U.S. Court of Appeals for the Third Circuit issued today. Posted at 01:25 PM by Howard Bashman Under federal law, "a person who has committed a felony may still own a gun if that person's felony relates to certain business crimes." And today, the Eighth Circuit issued a ruling considering whether a felony conviction for violating the Federal Meat Inspection Act prohibits gun ownership. By a vote of 2-1, today's ruling holds that the conviction does prohibit gun ownership. Posted at 11:40 AM by Howard Bashman Do "individuals who make an informed decision to contribute their biological materials voluntarily to a particular research institution for the purpose of medical research retain an ownership interest allowing the individuals to direct or authorize the transfer of such materials to a third party"? A three-judge panel of the U.S. Court of Appeals for the Eighth Circuit today issued this decision resolving that question. Posted at 11:30 AM by Howard Bashman "Nominee for C.I.A. Counsel Offers Few Details in His Senate Confirmation Hearing": This article appears today in The New York Times. The Washington Post reports today that "Senators Question CIA Nominee on Torture." And today's broadcast of NPR's "Morning Edition" contained an audio segment entitled "CIA's Rizzo Mum at Confirmation Hearing" (RealPlayer required). Available online from the "Law and Justice" unit of ABC News: An article reports that "Court Grants E-Mail Users New Privacy Protections; The Constitution Protects E-Mail Privacy, Court Says." My earlier coverage of Monday's Sixth Circuit ruling can be accessed here. And in other news, "Judicial Elections Turn 'Bitter, Nasty' and Pricey; Attack Ads and Special Interests Cash Are Poisoning Judicial Campaigns, Critics Say." "Supreme Court Justice Ruth Bader Ginsburg reviews the cases released this Supreme Court term and talks about being the only woman on the Court." You can view online, on-demand this past Saturday's broadcast of C-SPAN's "America and the Courts" by clicking here (RealPlayer required). Posted at 09:42 AM by Howard Bashman "Gill drops bid to block Rabner for chief justice; Meeting with senator clears way": The Newark (N.J.) Star-Ledger today contains an article that begins, "As mysteriously as it began, a state senator's opposition to the nomination of Attorney General Stuart Rabner as chief justice of the state Supreme Court came to an end yesterday, clearing the way for a confirmation vote tomorrow." And The New York Times reports today that "Senator Drops Objections to Corzine Court Nominee." "Kopp gets life without parole in Slepian killing; Gun adds to term as abortion opponent is sentenced for assassinating doctor": This article appears today in The Buffalo News. And The New York Times today contains an article headlined "Life Term for Killer of Buffalo-Area Abortion Provider." "Appeals Court Dismisses Sprewell's Suit": The Associated Press provides a report that begins, "A state appeals court in Manhattan dismissed former basketball star Latrell Sprewell's libel suit against the New York Post over the newspaper's account of how he broke his finger nearly five years ago." And law.com reports that "N.Y. Appeals Panel Dismisses Former Knick's Defamation Suit." You can access yesterday's ruling of the New York State Supreme Court, Appellate Division, First Department, at this link. "Unmarried couples lose legal benefits; Laws on gay marriage also apply to domestic unions": This article appears today in USA Today, along with related articles headlined "Michigan domestic partners face tough choices; End of benefits for same-sex couples in Ohio sought in suit" and "Legal loophole could let abusers off the hook." And The New York Sun reports today that "Gay Rites Advance in Albany, as Assembly Gives Its Okay." "High court rulings come down on side of business; Consumers, workers lose in several decisions this term": Joan Biskupic has this article today in USA Today. Posted at 08:00 AM by Howard Bashman In commentary online today at FindLaw: Michael C. Dorf has an essay entitled "The Supreme Court's Most Kafkaesque Decision: Penalizing a Criminal Defendant for Relying on a Court's Official Statement of the Due Date for His Habeas Corpus Appeal." And Carl Tobias has an essay entitled "Republicans Threaten to Shut Down the Senate, Charging that Democratic Consideration of Judicial Nominees Is Too Slow: Are These Charges Accurate?" Tuesday, June 19, 2007 "Energy refunds over alleged gouging in 2000 survive appeal": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "Californians could receive at least $1 billion in refunds from energy companies that allegedly gouged the state in 2000 as federal regulators stood by, under a ruling that survived an appeal Monday to the U.S. Supreme Court." Posted at 11:58 PM by Howard Bashman "High Court Backs Banks In Antitrust Suit on IPOs": Tomoeh Murakami Tse and Charles Lane have this article today in The Washington Post. The Los Angeles Times reports today that "High court blocks IPO antitrust suit; Justices say claims that brokerages conspired to inflate stock prices have to be brought under securities statutes." USA Today contains an article headlined "High court: IPO investors can't sue Wall Street firms; SEC oversight protects investment banks." And The Associated Press reports that "Antitrust Ruling Welcomed on Wall Street." "Bush Aides' Misuse of E-Mail Detailed by House Committee": This article appears today in The Washington Post. The Washington Times reports today that "Report slams deletion of White House e-mail." And McClatchy Newspapers report that "Missing White House e-mails may have violated law, panel says." "Supreme Court affirms passenger rights in police stops; When a vehicle is 'seized,' justices conclude, so are its occupants; The 9-0 decision overturns a California high court decision": David G. Savage has this article today in The Los Angeles Times. Today in USA Today, Joan Biskupic reports that "Passengers can challenge police stops, justices rule; Constitution covers more than just driver." And in The San Francisco Chronicle, Bob Egelko reports that "Cops can't seize passenger after an illegal stop." "Law is no straitjacket: Official opposition to freeing Genarlow Wilson is as much about stubbornness as legal principle." This editorial appears today in The Atlanta Journal-Constitution. Posted at 11:28 PM by Howard Bashman "Reckless slide repudiated": Today in The Washington Times, Bruce Fein has an op-ed that begins, "In Ali Al-Marri v. Commander S.L. Wright (June 11, 2007), the U.S. 4th Circuit Court of Appeals rebuked President Bush's frightening claim that the Constitution crowned him with power to pluck every American citizen from his home for indefinite detention without trial on suspicion of preparing for acts of international terrorism." Posted at 11:22 PM by Howard Bashman "Administration Struggles With Interrogation Specifics": The Washington Post today contains an article that begins, "Eight months after President Bush signed a bill authorizing the CIA to resume using 'enhanced interrogation techniques' on terrorism suspects, the administration has been unable to agree on what constitutes 'humiliating and degrading treatment' of detainees." The New York Times today contains an article headlined "Question Time for Nominee Linked to Interrogations." Reuters reports that "Democrats grill Bush CIA nominee about detainees." And The Associated Press reports that "Dems Wary of Bush CIA Counsel Choice." "How to handle Guantanamo Bay puzzles candidates; Detention center emerges as key campaign issue as security concerns and legal challenges mount": This article appears today in USA Today. Posted at 10:50 PM by Howard Bashman "Libby Seeks Delay of Prison Term": The Associated Press provides a report that begins, "Former White House aide I. Lewis 'Scooter' Libby, who faces prison soon in the CIA leak case, asked a federal appeals court Tuesday to step in and delay the sentence." Posted at 08:11 PM by Howard Bashman "Government urges swift rejection in detainee cases": Lyle Denniston has this post at "SCOTUSblog." Posted at 08:05 PM by Howard Bashman "Judge Dissolves Civil Union in Custody Fight": Today in The New York Times, Adam Liptak has an article that begins, "A family court judge in Vermont on Friday dissolved a civil union between two women whose fight over their daughter had attracted national attention and for a time put a judge in Virginia at odds with one in Vermont over whether a child can have two mothers." And The Rutland (Vt.) Herald today contains an article headlined "Sole custody in civil union case" that begins, "A Rutland judge has awarded to a Virginia woman custody of a child at the center of a high-profile legal battle stemming from a Vermont civil union breakup, and granted visitation to the woman's former partner living in Fair Haven." "Life terms sought for James Kopp in slaying of Dr. Slepian; Federal sentencing scheduled for Tuesday on conviction for obstructing access to abortions": This article appeared yesterday in The Buffalo News. And The Associated Press reports that "Abortion Foe Could Face 2 Life Terms." "New citizen-detainee case to Court": At "SCOTUSblog," Lyle Denniston has a post that begins, "Attorneys for a U.S. citizen facing execution by Iraq's government has now taken his case to the Supreme Court in an appeal that asks the Justices to sort out the continuing meaning of -- and perhaps to overrule -- a brief but historic post-World War II decision." Posted at 03:15 PM by Howard Bashman U.S. Court of Appeals for the Third Circuit rejects legal challenge to the appointments of the first three Justices to serve on the newly-formed Supreme Court of the U.S. Virgin Islands: You can access today's Third Circuit ruling at this link. Posted at 03:08 PM by Howard Bashman "County loses antitrust case": The Cincinnati Enquirer provides a news update that begins, "An appeals court today rejected Hamilton County's attempt to revive an antitrust lawsuit against the Bengals and the National Football League. The judges of the U.S. 6th Circuit Court of Appeals ruled that county officials should have known the NFL was a monopoly during negotiations to build the $450 million Paul Brown Stadium." And The Associated Press reports that "Court Upholds Rejection of Bengals Suit." Harvard Law Professor Arthur R. Miller argued the case on behalf of the losing side. And Sixth Circut Judge Jeffrey S. Sutton wrote the opinion on behalf of a unanimous three-judge panel. The opinion contains a colorful recounting of history of the Cincinnati Bengals and may contain the first-ever reference to the "Ickey Shuffle" (see a related YouTube clip from the movie "Baseketball" at this link) in the Federal Reporter. After having been reversed twice by the U.S. Supreme Court for setting aside this particular Tennessee inmate's death sentence, the Sixth Circuit narrowly avoids going for the hat-trick: You can access today's ruling in Cone v. Bell, by a divided three-judge panel, at this link. The Supreme Court's earlier reversals can be accessed here and here. Posted at 02:42 PM by Howard Bashman "What is the real face of Regent's law school?" Yesterday's edition of The Virginian-Pilot contained an article that begins, "For some, Monica Goodling has become the face of Regent University's law school. And therein lies the challenge for its administrators and students." Posted at 02:33 PM by Howard Bashman "What would Jack Bauer do? Canadian jurist prompts international justice panel to debate TV drama 24's use of torture." This past Saturday's issue of The Toronto Globe and Mail contained an article that begins, "Justice Antonin Scalia is one of the most powerful judges on the planet. The job of the veteran U.S. Supreme Court judge is to ensure that the superpower lives up to its Constitution. But in his free time, he is a fan of 24, the popular TV drama where the maverick federal agent Jack Bauer routinely tortures terrorists to save American lives. This much was made clear at a legal conference in Ottawa this week." Posted at 02:28 PM by Howard Bashman "One juror can spare a retarded murderer; Top Jersey court aids accused child killer": This article appears today in The Newark (N.J.) Star-Ledger. The New York Times reports today that "New Jersey Court Says Showing of Mental Retardation Can Block Execution." And The Associated Press provides a report headlined "NJ Court: One Juror Can Block Execution." You can access yesterday's ruling of the Supreme Court of New Jersey at this link. "Court finds e-mail was private": The Cincinnati Enquirer today contains an article that begins, "More than two years after it seized the personal e-mail of the owner of Berkeley Nutraceuticals, the government was set straight in its methods again, this time in an opinion rendered Monday by the Sixth Circuit U.S. Court of Appeals. The unanimous opinion of a three-judge panel of the court upheld U.S. District Judge Susan Dlott's finding last July that prosecutors violated the Constitution when they persuaded a federal magistrate to give them access to Steve Warshak's e-mail accounts at Nuvox Communications and Yahoo!" And today's broadcast of NPR's "Morning Edition" contained an audio segment entitled "Court Rules Stored E-Mails More Private" (RealPlayer required). Electronic Frontier Foundation provides access to the appellate briefs and the district court's ruling via this link. My earlier coverage of yesterday's Sixth Circuit ruling appears at this link. "The Principle of Judicial Sincerity": Law Professor Micah Schwartzman has posted this interesting article online at bepress. The article's abstract begins, "The idea that judges have a duty to be sincere or candid in their legal opinions has been subject to systematic criticism in recent years. Critics have argued that a strong presumption in favor of candor threatens judicial legitimacy, deters positive strategic action on multi-member courts, reduces the clarity and coherence of doctrine, erodes collegiality, and promotes the proliferation of fractured opinions." (Via "Legal Theory Blog"). Posted at 08:24 AM by Howard Bashman "Judge Fines Firms For Withholding Policy Information": Today in The New York Sun, Joseph Goldstein has an article that begins, "A federal judge is fining two law firms for withholding information about an insurance policy that covered the World Trade Center at the time of the September 11, 2001, terrorist attacks. The sanction, of $1.25 million, is against the firms Wiley Rein LLP and Coughlin Duffy LLP, as well as their client, the Zurich American Insurance Company." You can access yesterday's ruling of the U.S. District Court for the Southern District of New York at this link. "US agencies disobey 6 laws that president challenged; Officials regarded some as advisory": Today in The Boston Globe, Charlie Savage has an article that begins, "Federal officials have disobeyed at least six new laws that President Bush challenged in his signing statements, a government study disclosed yesterday. The report provides the first evidence that the government may have acted on claims by Bush that he can set aside laws under his executive powers." The Washington Post reports today that "'Signing Statements' Study Finds Administration Has Ignored Laws." And The Associated Press reports that "GAO Examines Signing Statement Cases." "A Judicial Overreaction To Bush Abuses?" In this week's issue of National Journal, Stuart Taylor Jr. has an essay that begins, "A federal Appeals Court's unanimous rejection on June 11 of President Bush's effort to deny judicial review and due process to a legal alien who has been militarily incarcerated for four years -- because Bush says he is a Qaeda agent -- was a ringing and welcome defense of our constitutional freedoms." Posted at 08:01 AM by Howard Bashman "Judges Behaving Badly: Their Ill-Considered Suits Against a Dry Cleaner, and Against the Yale Club." Anthony J. Sebok has this essay online at FindLaw. Posted at 07:58 AM by Howard Bashman Monday, June 18, 2007 Available online from law.com: An article is headlined "11th Circuit: Interests in Federal Civil Rights Cases Trump Hospitals' Shield Against Disclosure; Black surgeon charging bias gets access to peer reviews." My earlier coverage of the ruling appears at this link. And in news from New Jersey, "N.J. Justices Rule Death Penalty Barred if Single Juror Finds Defendant Mentally Retarded" and "Expert Testimony to Be Heard on 'Super' and 'Best' Lawyer Claims." Linda Greenhouse is reporting: In Tuesday's edition of The New York Times, she will have articles headlined "Passengers Granted Same Right as Drivers" and "Justices Back Wall St. On New Issues." Posted at 10:54 PM by Howard Bashman "We must decide whether the Fourth Amendment permits compulsory DNA testing of the Plaintiffs, non-violent felony offenders subject to the Act, in the absence of individualized suspicion that they have committed additional crimes." Today, the U.S. Court of Appeals for the Tenth Circuit became the latest federal appellate court to reject a constitutional challenge to the DNA Analysis Backlog Elimination Act of 2000, as amended. You can access today's ruling at this link. Posted at 10:44 PM by Howard Bashman "A Series of Posts on Warshak v. United States, the E-Mail Privacy Case": At "The Volokh Conspiracy," Orin Kerr says that this post will be the first in a series discussing the Sixth Circuit ruling that I first noted here earlier today. Posted at 08:02 PM by Howard Bashman "The Right to Bear Arms: A Surprising Split Among Liberals." That's the title of this week's broadcast of NPR's "Justice Talking." You can access the audio in both Windows Media and mp3 formats. Posted at 07:48 PM by Howard Bashman "High Court Says Passengers May Question Legality of Traffic Stops": Robert Barnes will have this article Tuesday in The Washington Post. Posted at 07:38 PM by Howard Bashman "Women File Suit to Defend Online Reputation": This audio segment (RealPlayer required) appeared on this evening's broadcast of NPR's "All Things Considered." Posted at 07:35 PM by Howard Bashman "Supreme Court Grants Banks Broad Implied Immunity From Antitrust Lawsuits": law.com's Tony Mauro provides this report. Posted at 04:42 PM by Howard Bashman A decision issued today in the appeal that I argued on October 17, 2006 before a three-judge panel of the Superior Court of Pennsylvania holding court at the Duane Morris LLP Moot Courtroom of the Temple University Beasley School of Law: You can access today's ruling at this link. I represented the appellant, who today prevailed in having the entry of summary judgment against him on the issue of liability vacated. My client, himself an attorney, had handled the case pro se but then, once the appellate briefing schedule issued, got me involved to brief and argue the case on his behalf on appeal. Posted at 03:34 PM by Howard Bashman When should a federal appellate court change its prediction of how a state court of last resort would rule on a question of state law? Today, the U.S. Court of Appeals for the Third Circuit issued a ruling addressing that question. Today's ruling reverses a federal district court decision that presumably applied the Third Circuit's previous prediction of New Jersey law, which today's Third Circuit ruling abandons for an opposite prediction. New Jersey's highest court has yet to address the particular question at issue. It is interesting to consider whether it would have been appropriate, in the first instance, for the federal district court to ignore the earlier Third Circuit ruling if the federal district court were confident that the earlier Third Circuit ruling had incorrectly predicted how New Jersey's highest court would rule on the issue presented, even though New Jersey's highest court hadn't yet ruled on the issue. The Associated Press is reporting: Now available online are articles headlined "Court Term Nears End, Big Cases Left"; "Appeals Court Rules for E-Mail Privacy"; and "Vt. Judge Dissolves Union in Child Spat." Posted at 02:48 PM by Howard Bashman "Supreme Court affirms rights of passengers in cars stopped by police": David G. Savage of The Los Angeles Times provides this news update. And Michael Doyle of McClatchy Newspapers reports that "Search-and-seizure protections also apply to passengers in traffic stops, court rules." Divided three-judge Seventh Circuit panel vacates Indiana death sentence imposed on "an emotionally disturbed young man who had been abused and raped as a child" where "the only evidence presented by the defense concerning mental state at the time of the killing was the testimony of a psychologist who believes that mental illness is a myth": You can access today's ruling at this link. The vote in favor of setting aside the death sentence was 2-1. One of the judges in the majority on that issue would have also set aside the habeas petitioner's murder conviction due to ineffective assistance of counsel, but neither of the other two judges agreed on that issue. The ruling also includes consideration of the habeas petitioner's claim that his rights were infringed by the requirement that he wear a stun belt at trial. Posted at 12:54 PM by Howard Bashman "Politics weakens Justice Dept. independence": McClatchy Newspapers provide this report. Posted at 12:40 PM by Howard Bashman "Roberts, Alito help define new Supreme Court; Frustrated on other fronts, Bush can claim some success on the high court": Tom Curry, national affairs writer for MSNBC, provides this report. Posted at 12:38 PM by Howard Bashman "Investment Banks Shielded From Suit by Top U.S. Court": Greg Stohr of Bloomberg News provides this report. And James Vicini of Reuters reports that "Top court rules IPO suit can't proceed." "The slow wheels of justice in Ohio; Even the state's justices acknowledge the high court takes too long on decisions": This article appeared yesterday in The Cleveland Plain Dealer. (Via Jonathan Adler of "The Volokh Conspiracy"). Posted at 10:44 AM by Howard Bashman "Court decides Credit Suisse case, bars antitrust": Lyle Denniston has this post at "SCOTUSblog." The U.S. Supreme Court today issued decisions in the following three argued cases: 1. Credit Suisse Securities (USA) LLC v. Billing, No. 05-1157. You can access the opinion here and the oral argument transcript here; 2. Brendlin v. California, No. 06-8120. You can access the opinion here and the oral argument transcript here; and 3. Powerex Corp. v. Reliant Energy Services, Inc., No. 05-85. You can access the opinion here and the oral argument transcript here. You can access today's Order List at this link. The Court granted review in one case. In early news coverage, The Associated Press reports that "Court Embraces Rights for Car Passengers" and "Court Sides With Wall Street Banks." U.S. Court of Appeals for the Sixth Circuit affirms in large measure a federal district court's preliminary injunction limiting the federal government's ability to seize email communication without first providing the email account holder with prior notice and an opportunity to be heard: Today's ruling limits the federal government's power under a federal statute known as the Stored Communications Act. The Sixth Circuit, in today's ruling, provides the following summary of its holdings: "On remand, therefore, the preliminary injunction shall allow seizures of e-mail in three situations: (1) if the government obtains a search warrant under the Fourth Amendment, based on probable cause and in compliance with the particularity requirement; (2) if the government provides notice to the account holder in seeking an SCA order, according him the same judicial review he would be allowed were he to be subpoenaed; or (3) if the government can show specific, articulable facts, demonstrating that an ISP or other entity has complete access to the e-mails in question and that it actually relies on and utilizes this access in the normal course of business, sufficient to establish that the user has waived his expectation of privacy with respect to that entity, in which case compelled disclosure may occur if that entity is afforded notice and an opportunity to be heard." "On basic rights, U.S. lost its way": The St. Petersburg Times today contains an editorial that begins, "What happened to Ali al-Marri is the story of America losing its way by letting fear override our national values." Posted at 09:55 AM by Howard Bashman "The High Cost of Free Speech": Online at Democracy Project, Dr. Rachel Ehrenfeld has an essay that begins, "On June 8, 2007, seven months after hearing arguments in my suit against Saudi billionaire Khaled bin Mahfouz--Ehrenfeld vs. bin Mahfouz--the U.S. Second Circuit Court of Appeals established an important legal precedent, henceforward affecting all American writers and publishers." My extensive earlier coverage of the Second Circuit's recent ruling appears at this link. "Press Frets as More Judges Claim Libel; Newspaper smacked with damage award fights back, claims trial of Illinois justice's lawsuit was unfair": Tony Mauro has this article (free access) in today's issue of Legal Times. My recent earlier coverage of the Illinois case can be accessed here and here. Posted at 09:47 AM by Howard Bashman "Dershowitz Foes Face Scrutiny; Denied tenure bid, cancelled speech latest fates for enemies of Harvard Law professor": The Harvard Crimson provides this news update. Posted at 08:37 AM by Howard Bashman "Muddy Waters": The New York Times today contains an editorial that begins, "The Environmental Protection Agency and the Army Corps of Engineers have finally issued guidelines about which streams and wetlands are subject to federal jurisdiction. Unfortunately, they are just as confusing as the Supreme Court decision they are supposed to carry out -- guaranteeing endless litigation, while increasing the chances that valuable wetlands will be needlessly destroyed." Posted at 08:33 AM by Howard Bashman "Abusing The Secrets Shield": David Kay and Michael German have this op-ed today in The Washington Post. Posted at 08:33 AM by Howard Bashman "Their Own Defense: D.C.'s Clubby Attorneys Keep Corporate Work in the Flock." This article appears today in The Washington Post. Posted at 08:25 AM by Howard Bashman "The Best Judges Business Can Buy": The New York Times today contains an editorial that begins, "The problem of wealthy interests' trying to influence court decisions by pouring money into state judicial elections continues to escalate, according to a newly released report." Posted at 08:10 AM by Howard Bashman "The Supreme Court's Bonus Babies": David Lat has this op-ed today in The New York Times. Posted at 07:58 AM by Howard Bashman "Five to Four: The Supreme Court's rightward shift." Jeffrey Toobin has this Talk of the Town essay in the June 25, 2007 issue of The New Yorker. Posted at 07:50 AM by Howard Bashman "The Great American Pants Suit: A judge pins a $67 million value on a pair of trousers--his own." Walter Olson has this op-ed (free access) today in The Wall Street Journal. Posted at 07:04 AM by Howard Bashman "2 farmers suing DEA over right to grow hemp; Feds argue that 'hemp is marijuana'": This article appears today in USA Today. Posted at 07:03 AM by Howard Bashman "The Al-Marri Decision: A Victory for One Man, and for a Principle, But One With Limited or Nonexistent Practical Consequence." Jesselyn Radack has this essay online today at FindLaw. Posted at 06:55 AM by Howard Bashman Sunday, June 17, 2007 "Editor's Charge: His Lawyer Fell Short." You can access Monday's installment of Adam Liptak's "Sidebar" column at this link (TimesSelect temporary pass-through link). It begins, "People like to gripe about their lawyers after their cases go south. Listen, for instance, to Norman Pearlstine, who presided over the debacle that ended with Time Inc.'s disclosure of the identity of a source to a special prosecutor two summers ago." Posted at 11:57 PM by Howard Bashman "U.S. attorneys fallout seeps into the courts; Defense lawyers in different cases are raising new questions about government prosecutors and potential political biases": This article will appear Monday in The Los Angeles Times. Posted at 11:50 PM by Howard Bashman "Guantanamo under a steady hammering; Experts foresee more legal obstacles ahead for the detention camp, although others think the system is salvageable": The Los Angeles Times contains this article today. Posted at 11:44 PM by Howard Bashman "Nifong stripped of law license for lacrosse case misconduct; Hearing's chairman calls the case 'a fiasco,' and parents of the exonerated players tell of the heartache they endured": This article appears today in The News & Observer of Raleigh, North Carolina, along with articles headlined "Leaders say penalty will improve lawyers' image; It shows that DAs aren't above law" and "Outcome turned on close calls." The Durham Herald-Sun today contains articles headlined "State Bar takes Nifong's law license" and "Community largely expected Bar's decision." The New York Times reports that "Prosecutor in Duke Case Disbarred by Ethics Panel." The Los Angeles Times reports that "Nifong loses law license in Duke case; The district attorney accepts a guilty verdict from a panel that says he engaged in deceit in the rape prosecution." The Washington Post reports that "Prosecutor in Duke Case Gives Up His Law License." And The Associated Press reports that "Disbarred Duke Prosecutor's Future Dim." "When 'enemy combatants' aren't: Executive overreach gets checked in a court ruling that labels a suspected al-Qaida operative as a civilian." Columnist Robyn Blumner has this op-ed today in The St. Petersburg Times. And today in The Washington Post, columnist David S. Broder has an op-ed entitled "Failure on Two Fronts." "Waves of change swept away bid vs. gay nuptials": This article appears today in The Boston Globe. And The Washington Times today contains an article headlined "Gays aim to expand Massachusetts 'marriages.'" "Ludicrous lawsuits": Jeff Jacoby has this op-ed today in The Boston Globe. Posted at 11:20 PM by Howard Bashman "In U.S. Attorney's Offices, Help Wanted; Justice Dept. Seeking Replacements for Departing Temporary Prosecutors": This article appears today in The Washington Post. And yesterday, The St. Petersburg Times contained an article headlined "Small field applies to be U.S. attorney; Political issues may have discouraged applicants, experts say." "Testimonial Two-Step: Mastering the intricate dance of congressional testimony." Dahlia Lithwick has this jurisprudence essay online at Slate. Posted at 10:58 PM by Howard Bashman "White House and Lawmakers Alike Face Risks in an Executive Privilege Fight": This article appears today in The New York Times. Posted at 10:55 PM by Howard Bashman "Bush suffers court setbacks in war on terrorism": James Vicini of Reuters provides this report. Posted at 10:50 PM by Howard Bashman "In Louisiana town, wearing low-rider pants may cost you; Supporters say the new ordinance aims to curb indecent behavior while opponents say it infringes on freedom of personal expression": This article will appear Monday in The Christian Science Monitor. Posted at 10:30 PM by Howard Bashman Detroit Tigers 7, Philadelphia Phillies 4: My son and I were back at Citizens Bank Park this afternoon, to see if Tigers starting pitcher Justin Verlander would equal the record held by Johnny Vander Meer by tossing back-to-back no-hitters. Failing that, we would have settled for a Phillies victory. Alas, we woud see neither, as Verlander was touched for seven hits and three runs, and left the game when replaced by a pinch-hitter in the top of the seventh, trailing 3-1, but nevertheless achieved his third victory in a row as the Tigers ended up scoring five runs in the top of the seventh, putting the Tigers in the lead for good. A strong effort from Phillies starting pitcher Adam Eaton was wasted as the Phillies ended up using a total of four pitchers in the top of the seventh. Geoff Geary, who replaced Eaton, faced only one batter, gave up a hit, and ended up as the losing pitcher. Yoel Hernandez, charged with giving up three earned runs in one-third of an inning, surrendered five hits while recording only one out. His ineffective outing put the game out of reach for the Phillies. Meanwhile, at the plate, Eaton also had two hits off of Verlander and knocked-in one run. The only real remaining excitement for the Phillies came in the top of the eighth inning while newly-acquired relief pitcher Jose Mesa was on the mound. With Marcus Thames of the Tigers batting, it appeared that his check swing may have crossed the plate for strike three, but the home plate umpire did not think so and did not appeal to the first base umpire for a ruling. That led to the ejection of Phillies starting catcher Carlos Ruiz and the "mercy" ejection of Phillies manager Charlie Manuel, for whom the fans had nothing but boos given his unfortunate selection of relief pitchers in the top of the seventh inning. For good measure, the first base umpire also ejected Phillies third base coach Steve Smith, who had apparently been mouthing-off to the first base umpire from the dugout during the same interruption. It wouldn't surprise me if both Ruiz and Smith receive suspensions given that they both appeared to shove the umpires with whom they were arguing. If the New York Mets lose tonight, as they currently are, the Phillies will remain just two games out of first place in the National League East. You can access the box score of the Phillies-Tigers game at this link, while wraps are available here and here. Available online from law.com: An article reports that "11th Circuit to Decide if Lawyer Can Sue Stock Market Over WorldCom Losses." In other news, "N.J. Court Sets a Tougher Test of 'Blight' for Using Eminent Domain." And an article reports that "Conflict Looms Over Executive Privilege; White House tries to rebuff attempts to subpoena officials as Democrats try to learn who authorized U.S. Attorney firings." "Don't Listen to What the Man Says": The New York Times today contains an editorial that begins, "If the Supreme Court, with its new conservative majority, wanted to announce that it was getting out of the fairness business, it could hardly have done better than its decision last week in the case of Keith Bowles." And The Washington Post today contains an editorial entitled "Beware of the Judge: The Supreme Court's doctrine of tough luck." The same ruling is also the subject of the brand new installment of my "On Appeal" column for law.com, headlined "Appeal on Time, or Don't Appeal at All, U.S. Supreme Court Advises." Saturday, June 16, 2007 Philadelphia Phillies 6, Detroit Tigers 3: My wife, son, and I had the pleasure of attending this evening's Phillies victory at Citizens Bank Park in Philadelphia. Phillies starting pitcher Jamie Moyer -- at age 44, making his 532nd major league start -- defeated Tigers starting pitcher Andrew Miller -- at age 22, making his 3rd major league start. In addition to an excellent outing from Moyer and strong work from the Phillies bullpen, most of the team also managed to contribute to a strong offensive effort that nevertheless failed to produce more than a single run for the Phillies in any inning. My son and I will be back at the ballpark tomorrow, where Tigers starting pitcher Justin Verlander -- fresh from a no-hitter against the Milwaukee Brewers in his last appearance -- will face Phillies starting pitcher Adam Eaton -- who, like Verlander, is also going for his third victory in a row. Both pitchers have seven wins, so it could be quite the pitchers' duel. There has yet to be a no-hitter at Citizens Bank Park, a venue so oriented to offensive production that it is unusual for a team to be held scoreless there. However, if Verlander can hurl another no-no, he will equal a feat performed only once before in major league history, by Johnny Vander Meer in June of 1938. You can access the box score of tonight's Phillies-Tigers game at this link, while wraps are available here and here. Additional coverage can be had from The Philadelphia Inquirer, The Detroit News, The Detroit Free Press, and The Associated Press. "Padilla jurors hear taped conversations; The recordings follow the terrorism defendant to Egypt, where he lost touch with his South Florida mentor": This article appears today in The Los Angeles Times. Posted at 02:54 PM by Howard Bashman "Committee: Duke Prosecutor Broke Rules." The Associated Press provides a report that begins, "Mike Nifong broke several rules of professional conduct during his disastrous prosecution of three Duke University lacrosse players falsely accused of rape, a disciplinary committee ruled Saturday." Posted at 02:40 PM by Howard Bashman "SJC gives police leeway to frisk": The Boston Globe today contains an article that begins, "Boston police and Suffolk County prosecutors praised a ruling yesterday by the state's highest court that said officers can stop and frisk a pedestrian they reasonably suspect is carrying an illegal firearm, based on factors that include an odd gait and presence in a high-crime neighborhood. But civil libertarians and defense lawyers criticized the unanimous Supreme Judicial Court decision and expressed concern that it might embolden officers to stop more people in the street without good reason." You can access yesterday's ruling of the Supreme Judicial Court of Massachusetts at this link. "Four targeted for shift on same-sex marriage vote; Lawmakers who decided to support gay rights under fire": The Boston Globe contains this article today. In addition, columnist Derrick Z. Jackson has an op-ed entitled "Tyranny by ballot." And The Boston Herald today contains articles headlined "Pols: Gay families' ads swayed us" and "Critics: Mitt divorced cause." "Nifong to resign, denies lying; District attorney could lose his law license today over his handling of lacrosse case": This article appears today in The News & Observer of Raleigh, North Carolina. The newspaper also provides a news update headlined "Bar expected to decide today on Nifong." The Durham Herald-Sun today contains articles headlined "Nifong says he'll resign"; "DA's apology evokes doubts of sincerity, awe"; and "Former player recounts nightmare." The New York Times reports that "Facing Sanction, Duke Prosecutor Plans to Resign." The Washington Post reports that "Prosecutor in Duke Case Says He Intends to Resign; Teary Nifong Concedes His Mistakes, Apologizes To Accused and Families." And The Los Angeles Times reports that "Prosecutor in Duke case to resign; Mike Nifong says he'll step down as district attorney of Durham County; He faces possible ethics sanctions." "Justice Dept. Official To Quit; Elston Had Role in Prosecutor Firings": The Washington Post contains this article today. The New York Times reports today that "Another Justice Dept. Official Resigns." And McClatchy Newspapers reports today that "Another official quits in controversy over ousted U.S. attorneys." "State justices toss lawsuit on danger of lead paint in homes; 22 towns, 4 counties took aim at manufacturers": This article appears today in The Newark (N.J.) Star-Ledger. You can access yesterday's ruling of the Supreme Court of New Jersey at this link. "Nomination Feud Redraws Battle Lines in Trenton": The New York Times today contains an article that begins, "Even considering the odd manner in which politics are played in New Jersey, where feuding party colleagues shut down state government and Senate candidates avoid unpopular vice presidents, this week's dispute over Gov. Jon S. Corzine's nominee for chief justice of the State Supreme Court was especially curious." And yesterday's edition of The Newark (N.J.) Star-Ledger contained an article headlined "Lawmakers: Diversity is Gill's key concern; Senator is blocking Rabner confirmation." "Pakistani Judge's Lawyers Are Confident of Winning His Reinstatement": The New York Times today contains an article that begins, "Lawyers representing the suspended chief justice, Iftikhar Muhammad Chaudhry, in Supreme Court hearings said in an interview this week that they were confident that they could win the case and secure his reinstatement by the end of the month." Posted at 01:20 PM by Howard Bashman Friday, June 15, 2007 "Analysis: Ninth review of Texas death issues?" Lyle Denniston has this post at "SCOTUSblog." My earlier coverage of the Fifth Circuit's en banc ruling can be accessed at this link. "Delay Denied, Libby Is Seen as Weeks From Prison": Neil A. Lewis has this article today in The New York Times. The Washington Post today contains a front page article headlined "Libby Loses Bid to Stay Out of Jail For Appeal." The Los Angeles Times reports that "Libby's request to delay prison is denied; The former Cheney aide, who is appealing perjury and obstruction convictions, may be behind bars in weeks; His judge gets angry letters." The Washington Times reports that "Libby denied bond, will appeal from behind bars." And Thursday's broadcast of NPR's "All Things Considered" contained an audio segment featuring Nina Totenberg entitled "Libby Ordered to Prison While Awaiting Appeal" (RealPlayer required). "Attorney general: Wilson ruling could free molesters." The Atlanta Journal-Constitution today contains an article that begins, "The 10-year prison sentence imposed on Genarlow Wilson for receiving oral sex from a 15-year-old girl when he was 17 is 'harsh,' but his punishment must stand to protect the law and keep more than 1,000 child molesters behind bars, Attorney General Thurbert Baker declared Thursday." And Saturday's newspaper will contain an article headlined "Wilson's legal tactics challenged." Today's newspaper also contains an editorial entitled "Taping over justice: Prosecutors in Genarlow Wilson case overstep bounds in effort to defend themselves, their case." And Ken Wynne has an op-ed entitled "It's Wilson's fault he's in jail; AG, DA have no choice but to uphold law." "Court rules on anonymous tips to cops; Police don't need evidence before they go to suspect's home": Bob Egelko has this article today in The San Francisco Chronicle. And The San Diego Union-Tribune reports today that "Ruling on searches backs up officers; Court decision stems from Oceanside arrest." My earlier coverage of yesterday's Supreme Court of California ruling appears at this link. "Right of gays to marry set for years to come; Vote keeps proposed ban off 2008 state ballot": This article appears today in The Boston Globe, along with articles headlined "Mass. may inspire advocates in other states to action"; "Personal stories changed minds"; and "Fear and then, 'I can't believe it'; Gay activists jubilant after the quick vote." The newspaper also contains an editorial entitled "A good day for marriage," and columnist Scot Lehigh has an op-ed entitled "A victory for equality." The New York Times reports today that "Massachusetts Gay Marriage to Remain Legal." The Los Angeles Times reports that "Gay-marriage ban won't go to Massachusetts voters; Legislators block a ballot proposal for a constitutional amendment to override the ruling that made the state the only one to allow the practice." The Republican of Springfield, Massachusetts reports that "Marriage referendum dead." The Boston Herald contains articles headlined "Same-sex wed foes: We’ll keep fighting" and "Pols shift sides to KO ban on gay marriage." And The Washington Times reports that "Massachusetts marriage amendment fails." "Supreme court holds fast to legal deadlines; Even a judge's error is no excuse to file a late motion, justices say in 5-4 ruling": David G. Savage has this article today in The Los Angeles Times. Posted at 10:52 PM by Howard Bashman "This case presents a novel question: does the Commonwealth of Puerto Rico have a nonstatutory cause of action, grounded in its sovereign authority under the Constitution, to obtain information from the Federal Bureau of Investigation in connection with a criminal investigation into the activities of FBI employees?" So begins the lead opinion of a ruling that the U.S. Court of Appeals for the First Circuit issued today. Although the panel is unanimous in rejecting Puerto Rico's lawsuit, each of the three judges on the panel has issued his own opinion. Posted at 05:55 PM by Howard Bashman The Associated Press is reporting: Now available online are articles headlined "Duke DA Says He Will Resign" and "Ruling Opens U.S. to Foreign Retaliation." Posted at 04:03 PM by Howard Bashman Why is Justice David H. Souter citing Federal Rule of Appellate Procedure 6(b)(2)(B) in his dissent in Bowles v. Russell, No. 06-5306? Justice Souter cites that procedural rule in footnote 9 of his dissenting opinion. The footnote states, in full: At first glance it may seem unreasonable for counsel to wait until the penultimate day under the judge's order, filing a notice of appeal being so easy that counsel should not have needed the extra time. But as Bowles's lawyer pointed out at oral argument, filing the notice of appeal starts the clock for filing the record, see Fed. Rule App. Proc. 6(b)(2)(B), which in turn starts the clock for filing a brief, see Rule 31(a)(1), for which counsel might reasonably want as much time as possible. See Tr. of Oral Arg. 6. A good lawyer plans ahead, and Bowles had a good lawyer.The reason FRAP 6 is inapplicable is that that rule, by its own terms, only applies to appeals in bankruptcy cases. The rule is titled "Appeal in a Bankruptcy Case from a Final Judgment, Order, or Decree of a District Court or a Bankruptcy Appellate Panel." The Bowles case, by contrast, involves a non-bankruptcy habeas corpus appeal. Justice Souter should have instead been citing to either FRAP 10 or FRAP 11. Posted at 03:58 PM by Howard Bashman "Martignon Reversed": William Patry has this post at "The Patry Copyright Blog." My earlier coverage of Wednesday's Second Circuit ruling appears at this link. "Public unions suffer setback over fees": Tony Mauro has this analysis online today at the First Amendment Center. Posted at 02:55 PM by Howard Bashman "Duke DA Says He 'Maybe Got Carried Away'": The Associated Press provides a report that begins, "District Attorney Mike Nifong acknowledged Friday that he 'maybe got carried away a little bit' in talking about the three Duke University lacrosse players who were once charged with raping a stripper. He also said he expects to be punished." And The News & Observer of Raleigh, North Carolina provides an update headlined "Nifong defends actions in lacrosse case." "Solicitor General's Tricky Shoals: Conservative Stalwart Faces Defining Moment in Justice Probe." Today in The Wall Street Journal, Jess Bravin has an article (pass-through link) that begins, "Now that Attorney General Alberto Gonzales survived Monday's no-confidence motion in the Senate, the spotlight could shift to an unlikely player in the months-long controversy over the firing of U.S. attorneys: Solicitor General Paul Clement. Over the past six years, Mr. Clement, 40 years old, has become one of the conservative legal movement's brightest stars. He has been praised by Republicans and Democrats for his skill as he defended some of the Bush administration's toughest positions. Some predict he may follow the path of previous solicitors general, including Robert Jackson and Thurgood Marshall, to a seat on the Supreme Court. Now, however, the Justice Department controversies have thrown Mr. Clement a curve. As the highest-ranking Justice official not involved in the firings, he is charged with overseeing the department's investigations into the matter. The solicitor general's regular job is pondering the great questions of law and, dressed in a traditional morning coat, arguing on the government's behalf before the Supreme Court. It is only on rare occasions the solicitor general is dragged directly into the political fray, becoming acting attorney general when his superiors are disqualified from exercising their authority." Posted at 11:32 AM by Howard Bashman "Scooter Libby's Appeal: The Focus Shifts To the Highly Political U.S. Court of Appeals for the D.C. Circuit." John W. Dean has this essay online today at FindLaw. Posted at 11:28 AM by Howard Bashman The attacks of 9/11 as "manifest necessity" for a mistrial in an Ohio state court burglary prosecution: An Ohio state court trial judge may have thought that he was promoting the interests of justice when he declared a mistrial on September 11, 2001 of a jury trial on charges of burglary. The defendant, however, thereafter argued that the mistrial gave rise to a double jeopardy defense precluding any retrial on the charges, because in the defendant's view the mistrial was not required by "manifest necessity." Although the Ohio state court appellate system rejected the defendant's assertion of double jeopardy, a federal district court exercising habeas corpus review agreed with the defendant and granted habeas relief. Today, a divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit reverses, thereby upholding the conviction. You can access today's ruling at this link. In dissent, Circuit Judge Ronald Lee Gilman writes: "Certainly, the trial judge's instincts to safeguard Walls's presumptive innocence are laudable. But attempting to understand how the attacks of September 11 would have prejudiced the jury against Walls strains the imagination. The two have nothing in common. Hijacking jetliners for use as guided missiles versus robbing a residence at gunpoint, although both violent criminal acts, are otherwise incomparable. The September 11 terrorists sought the death of American lives and the destruction of recognizable symbols of American power. Walls's alleged actions sought only money. The terrorists' attacks killed approximately 3,000 people. Walls's alleged actions resulted in no deaths at all. Finally, regarding more tangible indices such as physical appearance that typically account for 'spillover effect,' those responsible for the September 11 attacks were of Middle Eastern origin and Islamic beliefs. Nothing in the record indicates that Lawrence Walls was of either." "We are aware of only two cases in the federal courts of appeals addressing the question whether a party has waived the psychotherapist-patient privilege." So states the decision, issued today, of a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit. As a result of today's ruling, the number of cases discussing waiver of that privilege increases to three. Posted at 10:55 AM by Howard Bashman "Retired justice O'Connor has a lot on her docket; Seeks to renew faith in courts": Joan Biskupic has this article today in USA Today. Posted at 09:03 AM by Howard Bashman "Justices curb unions' political use of fees; Public employee groups need a member's explicit approval before use dues for advocacy, Supreme Court rules unanimously": David G. Savage has this article today in The Los Angeles Times. In today's edition of USA Today, Joan Biskupic reports that "Supreme Court upholds fee burden on unions; Non-members can stay apolitical." The Seattle Times reports that "Court rules against unions in fee case." And The Washington Times reports that "States can put rules on use of union fees." "U.S. Supreme Court Supports New York City's Effort to Collect Taxes on Some U.N. Missions": Linda Greenhouse has this article today in The New York Times. And today in The New York Sun, Joseph Goldstein has an article headlined "Tax Win for City at High Court; U.N. Missions 'Must Pay Their Fair Share.'" "Southwick vote postponed; Key Republican seeks time to sway Dems to send nomination to Senate floor": This article appears today in The Clarion-Ledger of Jackson, Mississippi. And CQ Today reports that "Judiciary Chairman Says Court Nominee Will Not Get Out of Committee." Thursday, June 14, 2007 "Justices, 5-4, Accept No Excuses From Inmate for Mistaken Late Filing of an Appeal": Linda Greenhouse will have this article Friday in The New York Times. Posted at 11:54 PM by Howard Bashman "High Court Upholds Curb on Political Use of Union Fees": Charles Lane will have this article Friday in The Washington Post. Posted at 11:20 PM by Howard Bashman Available online from law.com: Shannon P. Duffy has an article headlined "There's No Sugarcoating the Splenda Settlement Spat." And in other news, "McDermott Chairman to Offer Firm's Apologies for Partner's Remark to Judge." The Associated Press is reporting: Now available online are articles headlined "Ashcroft Can Remain in Detainee's Suit"; "ACLU Presses Case to Unseal Bush Papers": and "Slaughterhouse Can Stay Open Longer." Posted at 11:00 PM by Howard Bashman "These interlocutory appeals present several issues concerning the defense of qualified immunity in the aftermath of the events of 9/11." So begins the lengthy ruling that a three-judge panel of the U.S. Court of Appeals for the Second Circuit issued today in Iqbal v. Hasty. Back in October 2006, The New York Times covered the Second Circuit's oral argument in an article headlined "Judges Zero In on Treatment of a Detainee." That article begins, "In sharp questioning, a three-judge panel yesterday challenged arguments by federal officials seeking dismissal of a Pakistani man's suit charging that because of his religion, race or national origin, he, like others, was held for months after 9/11 in abusive solitary confinement before being cleared of links to terrorism and deported. In the mahogany and marble splendor of the Second Circuit Court of Appeals in Lower Manhattan, lawyers for former Attorney General John Ashcroft and other government officials argued that the officials were entitled to immunity from the lawsuit filed by the man, Javaid Iqbal, who had been known as 'the cable guy' to his Long Island customers before he was swept into a federal detention center in Brooklyn as were hundreds of other Muslim immigrants in the New York area." I collected additional news coverage of that oral argument in this earlier post. The federal district court's ruling can be accessed here. In coverage of that ruling, The Associated Press provided a report headlined "Detainee Abuse Suit Can Continue; Judge: Men Held After 9/11 Can Challenge U.S. Officials In Lawsuit." As reported in this later New York Times article, the United States government has already paid $300,000 to settle the claims of Iqbal's co-plaintiff. Additional coverage from The New York Times appeared in articles headlined "2 Men Charge Abuse in Arrests After 9/11 Terror Attack"; "Held in 9/11 Net, Muslims Return To Accuse U.S.": and "Top Officials Told to Testify In Muslims' Suit" (TimesSelect subscription required). "Ga. High Court to Hear Teen Sex Case": The Associated Press provides a report that begins, "Georgia's Supreme Court agreed Thursday to hear the state's arguments for keeping in prison a man who had consensual sex with a 15-year-old girl when he was 17. The attorney general later said his release could open the floodgates for hundreds of incarcerated child molesters looking for a way out." And The Atlanta Journal-Constitution provides a news update headlined "Wilson attorney blasts Douglas DA office; Prosecutors tape mother of victim after she speaks with media." Upon further reflection, perhaps U.S. District Judge Reggie B. Walton won't be calling on these twelve law professors for additional amicus input in other less high-profile cases: According to this post at "The BLT: The Blog of Legal Times," today Judge Walton said of the law professors and their amicus brief, "They are very bright people but the submission was not something I would expect from a first year law student." Previously, in a snide footnote to his order granting permission to file the amicus brief, Judge Walton wrote that he looked forward to calling on "these luminaries" for additional amicus assistance in the future. Apparently he has reconsidered the usefulness of doing so. Posted at 04:45 PM by Howard Bashman "Low-Profile Supreme Court Case Offers Glimpse of Sharp Divide": law.com's Tony Mauro provides this news update. Posted at 04:23 PM by Howard Bashman "Pete Williams just quoted 'How Appealing' by name on MSNBC, discussing the pants lawsuit!" So emails a reader. My post today about that lawsuit is titled "Do these pants make me look stupid?" Update: "skippy the bush kangaroo" provides some additional details. "MLB Takes Fantasy League to Court": The Associated Press provides a report that begins, "Attorneys representing Major League Baseball argued Thursday that online fantasy baseball companies cannot operate without paying license fees to MLB to compensate players for the use of their names. A federal appeals panel of three judges seemed skeptical that MLB could take financial control of a game that uses publicly available statistics and widely known names of players." The appeal was argued today before a three-judge panel of the U.S. Court of Appeals for the Eighth Circuit consisting of Chief Judge James B. Loken, Circuit Judge Steven M. Colloton, and Senior Circuit Judge Morris S. Arnold. You can access the oral argument audio via this link (12MB mp3 file). "The question presented in this People's appeal is whether the Fourth Amendment requires police officers to corroborate an anonymous tip before contacting the occupant of a residence and seeking consent to enter and search." So begins a decision that the Supreme Court of California issued today. The very next sentence of that court's unanimous opinion states, "We conclude it does not and reverse the judgment of the Court of Appeal." Posted at 02:54 PM by Howard Bashman In news updates available online from The Washington Post: An update reports that "Judge Won't Delay Libby's Prison Term for Appeal." And an update headlined "DOJ Investigates if Gonzales Tried to Influence Aide's Testimony" begins, "The Justice Department is investigating whether Attorney General Alberto R. Gonzales sought to influence the testimony of a departing senior aide during a March meeting in Gonzales's office, according to correspondence released today." "Supreme Court rules against public employee unions": David G. Savage of The Los Angeles Times provides this news update. Posted at 02:40 PM by Howard Bashman "High court limits union use of nonmember fees": Reuters provides this report, along with an article headlined "US top court allows lawsuits on UN property taxes." And Greg Stohr of Bloomberg News reports that "Nations Must Face Property-Tax Suits, U.S. Court Says." "Bush Detainee Plans Under Fire": The Associated Press provides a news analysis that begins, "President Bush's global war on terror is drawing heavy fire on the home front, both from Congress and the courts." Posted at 02:35 PM by Howard Bashman "Legislators vote to defeat same-sex marriage ban": The Boston Globe provides a news update that begins, "A proposed constitutional ban on same-sex marriage was defeated today by a joint session of the Legislature by a vote of 45 to 151, eliminating any chance of getting it on the ballot in November 2008. At least 50 votes were needed to advance the measure." And The Associated Press reports that "Mass. keeps gay marriage ban from voters." "Judge Won't Delay Libby Prison Term": The Associated Press provides this report. According to the article, "Libby's newly formed appellate team - Lawrence S. Robbins and Mark Stancil - will seek an emergency order delaying the sentence." Posted at 01:45 PM by Howard Bashman "CIA Leak Trial Judge Received Threats": The Associated Press provides a report that begins, "The federal judge who oversaw I. Lewis 'Scooter' Libby's CIA leak trial said Thursday that he received threatening letters and phone calls after sentencing the former White House aide to prison." Posted at 12:10 PM by Howard Bashman Trashing the Fourth Amendment: Does a person have an expectation of privacy in his garbage that society recognizes as reasonable? By a vote of 3-2, the Supreme Court of South Dakota yesterday answered that question "no" in a decision that you can access here. The majority opinion begins, "Law enforcement officers in Rapid City conducted a trash pull of defendant's garbage over five months after obtaining information that led them to believe he was committing a crime. After finding evidence of a controlled substance in the trash, the officers obtained a warrant to search defendant's home. The search revealed more evidence, and defendant was indicted. Defendant moved to suppress the evidence claiming that he had a protected privacy interest in his trash and the officers did not have reasonable suspicion to search it. The circuit court suppressed the evidence. The State appeals, and we reverse." "Southwick vote delayed again": The Clarion-Ledger of Jackson, Mississippi provides a news update that begins, "An anticipated vote today on the nomination of Mississippi judge Leslie Southwick for a seat on 5th U.S. Circuit Court of Appeals was delayed for the third time because of controversy over his record." Posted at 11:53 AM by Howard Bashman "Teacher Who Talked Peace Appeals Firing": The Associated Press provides a report that begins, "An elementary school teacher who says she was fired for talking to her students about peace activism has appealed her dismissal to the U.S. Supreme Court. Deb Mayer's attorney said he wants the high court to resolve lower-court disagreements about how much free-speech protection teachers have when they speak in class." My earlier coverage of this Seventh Circuit ruling appeared at this link. "Warner, Webb pick five for posts": The Richmond Times-Dispatch today contains an article that begins, "In a show of bipartisanship, Virginia's senators have recommended five candidates for two vacancies on the Richmond-based federal appeals court." The Daily Progress of Charlottesville, Virginia reports today that "Webb, Warner back Albro for judge." The name of this particular potential Fourth Circuit nominee is Thomas E. Albro, who should not be confused with sitting Third Circuit Judge Thomas L. Ambro. The Roanoke Times reports that "2 judges in valley up for appeals court posts; Virginia's senators have chosen five candidates for two spots on a federal appeals court." And The Associated Press reports that "Warner, Webb announce recommendations for 4th Circuit." Additional biographical information about the potential nominees can be accessed via this post at "Confirm Them." "Girl's mother defends Wilson; Penalty too severe, and sex was consensual, she says; prosecutors suspect that defendants' supporters have been pressuring her": Today's edition of The Atlanta Journal-Constitution contains an article that begins, "Genarlow Wilson should never have been criminally charged and imprisoned for receiving oral sex from a 15-year-old girl at a New Year's Eve party more than three years ago, the girl's mother says." Posted at 10:54 AM by Howard Bashman "Senate panel to debate Southwick appointment today; Civil and human rights groups oppose confirmation": The Clarion-Ledger of Jackson, Mississippi contains this article today, along with an editorial entitled "Southwick: Consider the person, not politics." And FOXNews reports that "New Fight Heats Up in Senate Over Bush Judicial Nominee." "Fractured 10th Court of Appeals a hotbed for dissent, animosity": This interesting article appeared Sunday in The Waco Tribune-Herald. The article reports on the 10th Court of Appeals of Texas, and not on the U.S. Court of Appeals for the Tenth Circuit. Posted at 10:33 AM by Howard Bashman "Court rules foreign governments not immune to some taxes": Lyle Denniston has this post at "SCOTUSblog." Justice Clarence Thomas issued today's ruling for a 7-2 majority in Permanent Mission of India to United Nations v. City of New York, No. 06-134. You can access the opinion here and the oral argument transcript here. Justice Thomas also issued the ruling on behalf of a 5-4 majority in Bowles v. Russell, No. 06-5306, a case involving federal appellate court jurisdiction and the timeliness of a notice of appeal. You can access the opinion here and the oral argument transcript here. Today's final ruling issued in Davenport v. Washington Ed. Assn., No. 05-1589. Justice Antonin Scalia delivered the opinion of the Court, in which the result was unanimous, although there were three partially concurring votes. You can access the opinion here and the oral argument transcript here. In early news coverage, The Associated Press reports that "Unions Lose on Political Fee Issue"; "Justices Side With NYC Over Embassies"; and "Convicted Murder's Appeal Dismissed." "Former Bush aides subpoenaed; A showdown between the White House and Congress is seen as the pair are called to testify on U.S. attorney firings": This article appears today in The Los Angeles Times. And USA Today reports today that "Congress subpoenas 2 former Bush administration figures." Do these pants make me look stupid? Reuters reports that "Man suing over trousers aims to fund more cases." Today in The Washington Post, Metro columnist Marc Fisher has an essay entitled "Wearing Down the Judicial System With a Pair of Pants." And The New York Times reports today that "Dry Cleaner Calls $54 Million Lawsuit Over Pants a 'Nightmare.'" "Judge to Rule on Libby's Request to Remain Free": The Washington Post provides this news update. And The Associated Press reports that "Libby in Court to Try to Stall Sentence." "Alito Calls Free-Speech Limits 'Dangerous' as Court Considers Cases": Robert Barnes has this article today in The Washington Post. Posted at 08:35 AM by Howard Bashman "Court limits towns' power to seize land; 'Underused' designation deficient in S. Jersey eminent domain case": The Newark (N.J.) Star-Ledger contains this article today, along with an article headlined "Ruling gives hope to property owners; Cases also pending in Newark, Long Branch." The New York Times reports today that "Town Went Too Far in Trying to Take Land, Court Says." And The Philadelphia Inquirer reports that "N.J. court tightens land-seizure rules; It backs a landowner in a long fight with Paulsboro." My earlier coverage of yesterday's ruling of the Supreme Court of New Jersey appeared at this link. "Nomination of Chief Justice Raises Questions in Trenton": This article appears today in The New York Times. And The Newark (N.J.) Star-Ledger reports today that "Gill keeps block on Rabner for court; Won't list objections to justice nominee." "Bork v. Bork": The New York Times today contains an editorial that begins, "There are many versions of the cliche that 'a conservative is a liberal who has been mugged,' and Robert Bork has just given rise to another. A tort plaintiff, it turns out, is a critic of tort lawsuits who has slipped and fallen at the Yale Club." Posted at 08:10 AM by Howard Bashman "F***, S*** and Other Typos: On keeping polite society separate from Paulie Walnuts society." Daniel Henninger has this op-ed (free access) today in The Wall Street Journal. Posted at 08:05 AM by Howard Bashman Wednesday, June 13, 2007 Available online from law.com: An article reports that "2nd Circuit Upholds Congress' Power to Pass Anti-Bootlegging Law." My earlier coverage of today's Second Circuit ruling appears at this link. And in news from Georgia, "Contrasting Cases Show Murkiness of Sex Law; Genarlow Wilson's win made the news, but another teen sex case looms." "Judge Sues Cleaners for $54 Million for Lost Pants": This audio segment (RealPlayer required) appeared on this evening's broadcast of NPR's "All Things Considered." Posted at 11:05 PM by Howard Bashman "Justice Dept. Reshapes Its Civil Rights Mission": In Thursday's edition of The New York Times, Neil A. Lewis will have an article that begins, "In recent years, the Bush administration has recast the federal government's role in civil rights by aggressively pursuing religion-oriented cases while significantly diminishing its involvement in the traditional area of race." In addition, the newspaper will contain an article headlined "2 Committees Subpoena Ex-Officials on Dismissals." The Washington Post on Thursday will contain a front page article headlined "2 Former Aides to Bush Get Subpoenas; Miers, Taylor Had Roles in Firings Of U.S. Attorneys." The Los Angeles Times provides a news update headlined "Former White House officials subpoenaed in U.S. attorney inquiry; Harriet Miers and Sara Taylor both called to testify next month." McClatchy Newspapers provides reports headlined "White House subpoenas ratchet up confrontation with Congress" and "Ex-Justice Dept. lawyer can't recall his role in controversial policies." And this evening's broadcast of NPR's "All Things Considered" contained an audio segment entitled "Ex-Bush Aides Subpoenaed in Fired-Attorney Inquiry" (RealPlayer required). The Associated Press is reporting: Now available online are articles headlined "Alito Offers Support for Speech Rights"; "Horse Slaughterhouse Fights to Stay Open"; "Pants Plaintiff: Customer Always Right"; and "Mass. Lobbyists Prep for Marriage Vote." Posted at 10:00 PM by Howard Bashman In today's edition of The Christian Science Monitor: Warren Richey reports that "Detainee ruling rejects Bush terror-war tactic; An appeals court said Monday it retains jurisdiction to decide military-custody issue." And an article is headlined "Beyond Gonzales: Scrutiny in US attorneys case may shift to Bush staff; The White House could become the new target in the controversy surrounding the dismissal of federal prosecutors." On today's broadcast of NPR's "Day to Day": The broadcast contained audio segments entitled "Supreme Court: Remaining Cases" (featuring Dahlia Lithwick) and "Thurgood Marshall's Historic Appointment." RealPlayer is required to launch these audio segments. Posted at 05:37 PM by Howard Bashman "Muslim Phila. Police Officer Loses Suit Over Head Scarf": Shannon P. Duffy of The Legal Intelligencer has a news update (free access) that begins, "A Muslim woman who works as a Philadelphia police officer is not entitled to wear a religious head scarf, a federal judge has ruled, because the department's policy that forbids religious garb is designed to maintain 'religious neutrality.'" I have posted online at this link yesterday's ruling of the U.S. District Court for the Eastern District of Pennsylvania. In the Sunday, June 17, 2007 issue of The New York Times: In the forthcoming issue of the Sunday Book Review, Orlando Patterson will have a review headlined "Thomas Agonistes" (TimesSelect temporary pass-through link) of the book "Supreme Discomfort: The Divided Soul of Clarence Thomas," by Kevin Merida and Michael Fletcher. And this forthcoming Sunday's issue of The New York Times Magazine will contain a cover story article headlined "Doctor or Drug Pusher." The article begins, "Ronald McIver is a prisoner in a medium-security federal compound in Butner, N.C. He is 63 years old, of medium height and overweight, with a white Santa Claus beard, white hair and a calm, direct and intelligent manner. He is serving 30 years for drug trafficking, and so will likely live there the rest of his life. McIver has not been convicted of drug trafficking in the classic sense. He is a doctor who for years treated patients suffering from chronic pain." "Court Opinion Becomes Cause for Congress; Democrats Rally Against Dismissal of Woman's Bias Claim": Lawrence Hurley has this article today in The Daily Journal of California. The Associated Press reports that "Ala. worker testifies to Congress on pay discrimination." And The Montgomery Advertiser today contains an editorial entitled "Supreme Court guts equal pay law." C-SPAN has posted the video of yesterday's hearing online at this link (RealPlayer required). "This case presents the question of whether sec. 201(c) of the Copyright Act accords a magazine publisher a privilege to produce a digital compilation that contains exact images of its past magazine issues." So begins an opinion that the U.S. Court of Appeals for the Eleventh Circuit issued today. The Eleventh Circuit's earlier ruling in this case, from March 2001, can be accessed here. Wired News covered this case in articles headlined "Magazine Appeals for CD Archive" and "Mr. Tasini, Meet Mr. Greenberg." "Crisis of Confidence: The latest terror ruling suggests that the courts do pretty well in a crisis." Dahlia Lithwick has this jurisprudence essay online at Slate. Meanwhile, at National Review Online, you can access an editorial entitled "Courting the Enemy." And Andrew C. McCarthy has an essay entitled "Lawfare Strikes Again: The Fourth Circuit's combatant case heralds the return of September 10th." "N.J. Supreme Court sides with Gloucester County man in eminent domain case": The Philadelphia Inquirer provides a news update that begins, "In a decision that could make it harder for towns around the state to seize land, the New Jersey Supreme Court this morning sided with a Paulsboro landowner who had argued that the Gloucester County borough could not seize his land merely because it was vacant. The high court ruled that it is unconstitutional to seize land only because it is 'not fully productive' and could be better used. " You can access today's ruling of the Supreme Court of New Jersey at this link. "White House officials subpoenaed in U.S. attorneys probe": CNN.com provides this report. Bloomberg News reports that "Former White House Officials Miers, Taylor Subpoenaed." And The Associated Press provides a report headlined "Officials: Subpoenas for Bush Figures." U.S. Court of Appeals for the Second Circuit overturns federal district court ruling that struck down a 1994 federal law banning the sale of bootleg recordings of live music: You can access today's Second Circuit ruling in United States v. Martignon at this link. The federal district court decision that struck down the federal anti-bootleg law can be accessed here. In July 2005, Inside Counsel magazine published an article headlined "N.Y. Record Store Takes On Anti-Bootlegging Statute; Second Circuit To Rule On Constitutionality Of Law." law.com covered the federal district court's ruling in an article headlined "Anti-Bootlegging Statute Ruled Unconstitutional." The Associated Press reported that "N.Y. judge strikes down anti-bootleg law." And MTV News reported that "Judge Overturns 1994 Law Prohibiting Sale Of Bootlegs; However, ruling just applies to federal law: Bootlegging is still illegal under state laws." Finally, you can access at this link an amicus brief of thirty-one intellectual property and constitutional law professors urging affirmance of the federal district court's decision. "For Criticized Georgia AG, Law's the Law": The Associated Press provides a report that begins, "The angry protests that followed Thurbert Baker's refusal to release an inmate serving a 10-year sentence for a consensual sex act between teens was nothing new for Georgia's attorney general." Posted at 10:33 AM by Howard Bashman "Chronicle sues chief justice": The Kane County Chronicle today contains an article that begins, "The Kane County Chronicle filed a federal lawsuit Tuesday against the chief justice of the Illinois Supreme Court over a defamation verdict that the newspaper says it cannot fairly appeal." The Chicago Tribune reports today that "Newspaper sues judges over lost libel case." The Chicago Sun-Times reports that "Newspaper sues justice over $4 mil. libel case; Accuses him of violating its civil rights." And The Daily Herald of Arlington Heights, Illinois reports that "Newspaper sues state Supreme Court." I have posted online a copy of the newspaper's complaint initiating suit in federal court, and you can access it via this link. And my most relevant recent earlier coverage of this matter can be accessed here and here. The San Francisco Chronicle is reporting: Today's newspaper contains articles headlined "Jailhouse grub gets a bum rap; Paris snubs it, but inmate food must be nourishing, appealing" and "Gay military service out for all to see." Posted at 09:08 AM by Howard Bashman "You Are So F--ing Obscene: The president says it, you say it, your kids say it all the time; So what's the f--ing problem?" SF Gate columnist Mark Morford has this essay online today. Posted at 09:00 AM by Howard Bashman "Camera, legal action! The making of a kung fu flick on Guam turns into court battles on both sides of the sea." The Los Angeles Times contains this article today. Posted at 08:59 AM by Howard Bashman "Padilla jurors listen to wiretaps": This article appears today in The Washington Times. Posted at 08:57 AM by Howard Bashman "Step one: close Guantanamo; Shutting down the prison is a good way for Congress to start restoring American values and international standing." The Los Angeles Times contains this editorial today. Posted at 08:50 AM by Howard Bashman "Georgia will allow lethal execution; Killer to be put to death June 26; nine states have placed such executions on hold over constitutionality": This article appears today in The Atlanta Journal-Constitution. Posted at 08:45 AM by Howard Bashman "Wilson to stay in prison at least till July": Today's edition of The Atlanta Journal-Constitution contains an article that begins, "Genarlow Wilson will remain behind bars at least until next month, when a judge will decide whether he should be released from prison pending an appeal in his child molestation case. A bond hearing has been set for July 5 for Wilson, who was sentenced to 10 years in prison for receiving consensual oral sex in 2003 from a 15-year-old girl when he was 17." And Bloomberg News columnist Ann Woolner today has an essay entitled "When Teens Get Jailed for Sex, Justice Takes a Hit." "Nifong had doubts, witness says; An investigator in the Duke lacrosse case tells a State Bar proceeding the DA's private and public demeanor were at odds": This article appears today in The News & Observer of Raleigh, North Carolina. The Durham Herald-Sun today contains articles headlined "Officer testifies Nifong pressed case with inadequate evidence" and "DA backer ejected from court for alleged threats." The New York Times contains an article headlined "Ethics Hearing for Duke Prosecutor." The Los Angeles Times reports that "D.A. in Duke rape case testifies at ethics trial; The North Carolina bar accuses him of misleading the media, lying to judges and withholding evidence." And The Washington Post reports that "Prosecutor Opens Defense of Actions in Duke Case." "Judge Who Seeks Millions for Lost Pants Has His (Emotional) Day in Court": Today in The Washington Post, Metro columnist Marc Fisher has this essay. Posted at 08:30 AM by Howard Bashman "Bush Weighs In Against Investors In Fraud Case": This article appears today in The Washington Post. Posted at 08:27 AM by Howard Bashman "Bush Aides Helped Respond to Firings, E-Mails Show": The Washington Post today contains an article that begins, "Several high-ranking White House officials were closely involved in crafting a public response to the uproar over the firing of a group of U.S. attorneys, according to documents released late yesterday." In addition, columnist Harold Meyerson has an op-ed entitled "Stuff Happens at Justice." And The New York Times today contains an editorial entitled "Silence in the Senate" that begins, "The most remarkable thing about the debate on Attorney General Alberto Gonzales this week was what didn't happen." "Vote-Fraud Demagogues: Americans overwhelmingly support voter ID; Are they are all racists?" John Fund has this op-ed (free access) today in The Wall Street Journal. Posted at 08:04 AM by Howard Bashman "Terror War Legal Edifice Weakens; Courts Chip Away at Bush Administration Detainee Policies": Jess Bravin has this article (free access) today in The Wall Street Journal. Today in The New York Times, Adam Liptak has a news analysis headlined "The Line Between Civilian and Soldier." And The Washington Post contains an editorial entitled "Dealing With Mr. Marri: A court delivers another blow to the administration's untenable rules for suspected terrorists." Tuesday, June 12, 2007 "Judge Tries Suing Pants Off Dry Cleaners": This article will appear Wednesday in The New York Times. Posted at 11:17 PM by Howard Bashman "Officials rebuked for disclosing Rove's connection to firing of U.S. attorney": McClatchy Newspapers provide this report. Posted at 11:15 PM by Howard Bashman Available online from law.com: Tony Mauro reports that "Business Community, ACLU Share Distaste for High Court Rule Changes." And in other news, "Firms Said to Be Readying Lawsuit if N.Y. Judges Don't Get Raises." "Chronicle files federal lawsuit against Supreme Court justice": The Associated Press provides a report that begins, "A suburban Chicago newspaper filed a federal civil rights lawsuit Tuesday against the Illinois Supreme Court’s chief justice, claiming it can’t fairly appeal a multimillion defamation verdict awarded to the judge because he heads the court. Chief Justice Robert Thomas infected the state judiciary with a 'constitutional cancer' by pursuing a defamation claim 'in the friendly confines of the state legal system he dominates,' according to a lawsuit filed by the Kane County Chronicle’s parent company, Shaw Suburban Media Group, Inc., and former columnist Bill Page." And The Reporters Committee for Freedom of the Press provides a report headlined "Newspaper asks federal court to block libel award; Citing improper influence of the state's chief justice, an Illinois newspaper says it cannot get a fair hearing in state appeals courts." Counsel for the federal plaintiffs issued this news release and this backgrounder. I have posted online a copy of the complaint initiating the federal lawsuit, and you can access it via this link. "Judge Suing Dry Cleaner Cries Over Pants": The Associated Press provides a report that begins, "A judge had to leave the courtroom with tears running down his face Tuesday after recalling the lost pair of trousers that led to his $54 million lawsuit against a dry cleaner." And Washington Post columnist Marc Fisher provides an update headlined "In Pearson v. Custom Cleaners, Dissatisfaction Guaranteed." "Supreme Leader: Justice Anthony Kennedy has strong opinions on everything from Dr. Seuss to the female psyche; And, as the Court's swing vote, he can't wait to impose them on America." Law Professor Jeffrey Rosen has this cover story in the June 18, 2007 issue of The New Republic. Posted at 07:58 PM by Howard Bashman "Bush Gave Policy Views on Top Court Case": The Associated Press provides a report that begins, "In a lawsuit that harks back to the Enron scandal, the Bush administration is at odds with the federal agency that oversees securities markets as well as with state attorneys general and consumer and investor advocates. President Bush personally weighed in with his views before the administration decided not to support investors whose securities fraud case is now before the Supreme Court." Posted at 06:09 PM by Howard Bashman "Wilson Case Raises Questions About Age of Consent": The Genarlow Wilson case was the subject of this audio segment (RealPlayer required) on today's broadcast of NPR's "Talk of the Nation." Posted at 05:37 PM by Howard Bashman "Supreme Court Chief Justice John Roberts gives the commencement address at Holy Cross College in Worcester, MA": If you missed this past Saturday's broadcast of C-SPAN's "America & the Courts" program, you can view it online by clicking here (RealPlayer required). My earlier coverage of this commencement address appeared at this link. "How Bush Became the Curser in Chief": The current issue of Time magazine contains an article that begins, "President George W. Bush has not exactly been a hero to civil libertarians, what with the data mining, wiretapping and library snooping. But he may just have redeemed himself. Thanks in part to the efforts of Bush and Vice President Dick Cheney, it is now safe for Nicole Richie to drop the F bomb on broadcast TV. On June 4, the Second Circuit Court of Appeals ruled in favor of broadcasters in a challenge against Federal Communications Commission sanctions for indecent and profane language." And this past Saturday morning's broadcast of C-SPAN's "Washington Journal" featured Brooks Boliek, Washington correspondent for Hollywood Reporter, discussing the decision. During his appearance, Boliek claims to have once programmed his television's V-Chip to only allow programming that contained sex and violence. You can view the segment by clicking here (RealPlayer required). His coverage of the ruling appeared in an article headlined "Appeals court throws out FCC indecency ruling." "Tobacco ruling could revive case in Madison County": Today's edition of The St. Louis Post-Dispatch contains an article that begins, "Lawyers and cigarette makers disagree on whether the U.S. Supreme Court's ruling Monday in a tobacco class action case from Arkansas will revive a $10.1 billion class action verdict from Madison County that was tossed out by the Illinois Supreme Court." Posted at 03:22 PM by Howard Bashman "Genarlow Wilson's battle to get out of prison may take months; For now, he's seeking bond in oral sex case": The Atlanta Journal-Constitution provides this news update. And The Associated Press reports that "July Bond Hearing Set for Teen Sex Case." Eleventh Circuit refuses to recognize, in federal discrimination cases, an evidentiary privilege for documents relating to medical peer review proceedings: You can access today's ruling at this link. Posted at 03:02 PM by Howard Bashman "EU Court Upholds Budweiser Trademarks": The Associated Press provides this report. The European Union's Court of First Instance has issued this press release announcing today's ruling. "Prosecutors seek start of war crimes trials": Lyle Denniston has this post at "SCOTUSblog." Posted at 12:15 PM by Howard Bashman "Prosecutor Wants Libby Imprisoned Now": The Associated Press provides this report. Posted at 11:25 AM by Howard Bashman "Justice Department Suffers Double Blow": This audio segment (RealPlayer required) appeared on today's broadcast of NPR's "Morning Edition." Posted at 09:45 AM by Howard Bashman "Nifong's misconduct trial starts today": Today's edition of The News & Observer of Raleigh, North Carolina contains an article that begins, "Durham District Attorney Mike Nifong, under fire for his handling of the Duke lacrosse case, begins his battle this morning against professional misconduct charges brought by the N.C. State Bar." A related article is headlined "Lacrosse case panel needs 12th person; Durham Mayor Bill Bell has said he wants the committee to start its work next week." And on Sunday, the newspaper published an article headlined "Nifong, bar will both be judged; Recent lapses put regulators on spot." The Washington Times reports today that "Duke prosecutor facing disbarment." And The Durham Herald-Sun reports today that "Police delayed talking to accuser in lacrosse case." WRAL.com plans to provide live streaming coverage of the hearing, which is scheduled to get underway at 10 a.m. "As milestone nears, Bonds probe drags; Home run chase renews questions about perjury inquiry": Mark Fainaru-Wada and Lance Williams have this article today in The San Francisco Chronicle. And in baseball-related news that strikes a bit closer to home for me, The New York Times today contains an article headlined "Milestone Marks What Phillies Fans Already Knew." Bob Egelko is reporting: Today in The San Francisco Chronicle, he has articles headlined "War crimes charges hinge on whether combatants lawful; Bush administration: Captives not POWs" and "Solano County killer loses bid to overturn conviction; Justices decline to consider relevance of excluded evidence." Posted at 09:17 AM by Howard Bashman "Accused Al Qaeda operative can't be jailed indefinitely, appeals court rules; In a landmark decision, a federal panel rejects Bush's 'enemy combatant' policy; The Arab immigrant has been in a South Carolina military brig for four years": This article appears today in The Los Angeles Times. The Chicago Tribune today contains an article headlined "Detention ruled unlawful; Court: Terror suspect, U.S. resident can't be held indefinitely." McClatchy Newspapers report that "Pentagon can't hold 'enemy combatant,' court rules." In The New York Sun, Joseph Goldstein reports that "Court Rules Bush Lacks Power To Detain Suspects Indefinitely." The Washington Times reports that "Court says Bush lacks authority to detain indefinitely." The Richmond Times-Dispatch reports that "Enemy combatant can't be indefinitely detained, court rules." And The Charleston (S.C.) Post and Courier reports that "Court rejects terror policy." My earlier coverage of yesterday's Fourth Circuit ruling appears here, here, and here. "Voter ID challenge tossed by state court; Issue not over: Federal suit over 2006 law revived; identification not needed in various June 19 elections." The Atlanta Journal-Constitution contains this article today. My earlier coverage of yesterday's ruling of the Supreme Court of Georgia appeared at this link. "Virginia high court justice says she'll retire; Selection of Lacy by Baliles in 1988 was first of woman": This article appears today in The Richmond Times-Dispatch. Posted at 08:50 AM by Howard Bashman "State argues: No freedom; Judge says Genarlow Wilson has served enough time for consensual teen sex offense, but attorney general fights ruling." The Atlanta Journal-Constitution contains this article today. The newspaper also contains an editorial entitled "Justice mocked again: A judge says Genarlow Wilson should go free, but state attorney general will fight to prevent it." And Georgia Attorney General Thurbert Baker has an op-ed entitled "Wilson case: Law governs." Elsewhere, The Los Angeles Times today contains an article headlined "'Miracle' rescinded by appeal; A Georgia judge voids a 10-year term in a teen sex case, but the state files an objection, so the offender isn't freed." And USA Today reports that "Judge orders man in Ga. sex case freed; Imprisoned for act at age 17 with girl, 15." "Bid to shift tobacco cases to US courts denied; Supreme Court ruling a blow to entire industry": This article appears today in The Boston Globe. Posted at 08:37 AM by Howard Bashman "1st Amendment Lawyer Abrams Sees Loss Of Press Freedoms": The Hartford Courant today contains an article that begins, "Floyd Abrams may have been able to prevent the government from censoring The New York Times, but he couldn't keep it from throwing Judith Miller in jail. Decades ago, the legendary First Amendment lawyer found himself winning most of his cases, like the famous Pentagon Papers case. But in recent years, as the times and the law have changed, he has been more often on the losing side, he said - and journalists have paid the price." Posted at 08:30 AM by Howard Bashman "Public Defenders Appeal Sniper's Convictions": The Washington Post today contains an article that begins, "Sniper John Allen Muhammad's attorneys are appealing his murder convictions in Montgomery County, arguing that the trial judge erred by allowing him to conduct his defense and by not giving his former defense attorneys a 'meaningful opportunity' to prove that he was not competent to stand trial." Posted at 08:27 AM by Howard Bashman "A Unanimous Court": The New York Sun today contains an editorial that begins, "What a remarkable situation is emerging on the highest court in the land." Posted at 08:20 AM by Howard Bashman "Senators Block Vote on Gonzales; Republicans Thwart No-Confidence Bid": This front page article appears today in The Washington Post. Dana Milbank's "Washington Sketch" column is headlined "A Jolly Good Show, but the Wrong Side of the Pond." And an editorial is entitled "Misplaced Confidence: Alberto Gonzales survives a Senate vote as new evidence of his own partisan politics emerges." The New York Times reports today that "In Senate Vote, G.O.P. Fights Off Gonzales Rebuke." The Los Angeles Times reports that "Gonzales avoids a no-confidence vote in Senate; Democrats fail to cut off debate as most Republicans close ranks behind the attorney general; The confrontation is linked to the controversial firing of eight federal prosecutors." McClatchy Newspapers report that "Majority of senators seek 'no confidence' vote on Gonzales." USA Today reports that "Republicans block Gonzales no-confidence vote; GOP leader decries 'meaningless' resolution as partisan politics." The newspaper also contains an editorial entitled "Loyal to a fault, Bush keeps attorney general in power; Senate GOP blocks 'no confidence' vote; now it's time for subpoenas," while Tony Snow has an op-ed entitled "Gonzales deserves better: Senate has more important things to do than play partisan politics." And The Washington Times reports that "Democrats' bid to rebuke Gonzales fails." "Court to Weigh Disparities in Cocaine Laws": Linda Greenhouse has this article today in The New York Times. And today in The Los Angeles Times, David G. Savage reports that "Supreme Court to reconsider long mandatory prison terms for crack cocaine dealers; Those selling rock cocaine are usually sent to prison for 50% longer than those selling powder cocaine; Critics see a racial disparity." "High Court Rules Against Home Aide on Wages": Steven Greenhouse has this article today in The New York Times. Today in The Los Angeles Times, David G. Savage reports that "Justices say home healthcare aides not entitled to minimum wage, overtime; The Supreme Court decision on a rule for 'companionship services' could prod Congress to amend the law." In The Washington Post, Robert Barnes reports that "Court Rejects Overtime Pay For Home-Care Workers; Justices Also Deny Venue Change in Tobacco Suit." In USA Today, Joan Biskupic has an article headlined "Justices agree: No overtime for home-care work; NYC says pay would make costs soar; AARP says help will get scarce." In The New York Sun, Joseph Goldstein reports that "Supreme Court Rejects Home Care Wage Suit." And The Chicago Tribune contains an article headlined "Setback on pay for home care workers; Groups vow to carry wage fight to Congress." "Bush Administration Rebuffs Investors in Enron-Related Case": Greg Stohr of Bloomberg News provides a report that begins, "The Bush administration dealt a setback to lawsuits that accuse Enron Corp.'s investment banks of helping defraud shareholders out of billions of dollars, refusing to back investors in a similar case at the U.S. Supreme Court. The Justice Department allowed yesterday's midnight deadline to pass without filing a brief at the high court in support of investors in a securities-fraud case the justices will consider later this year. The department declined to comment on its decision not to submit the brief. The administration still has the option of backing the defendants in the case, Motorola Inc. and Cisco Systems Inc., by filing later on." The Associated Press reports that "Justice Dept. Won't Back Shareholders." And The Washington Post reports today that "Investors Lose Key Advocate In Case on Financial Crimes." "Divide and Litigate: The ACLU sues an American company for helping the war effort." David B. Rivkin Jr. and Lee A. Casey have this op-ed (free access) today in The Wall Street Journal. Posted at 06:45 AM by Howard Bashman "The Fortieth Anniversary of Loving v. Virginia: The Legal Legacy of the Case that Ended Legal Prohibitions on Interracial Marriage." Joanna Grossman has this essay online today at FindLaw. Posted at 06:32 AM by Howard Bashman Monday, June 11, 2007 "Day of Split Outcomes in Teenage Sex Case": The New York Times on Tuesday will contain an article that begins, "A judge on Monday ordered the release of a man who is serving a widely criticized 10-year prison sentence without parole for having consensual oral sex with a 15-year-old girl when he was 17. But just after the ruling was announced, Georgia's attorney general, Thurbert E. Baker, said he was appealing it, and the prisoner, Genarlow Wilson, remained behind bars." Posted at 11:50 PM by Howard Bashman "Judges Say U.S. Can’t Hold Man as 'Combatant'": Adam Liptak will have this article Tuesday in The New York Times. The newspaper will also contain an editorial entitled "A Ruling for Justice." And The Washington Post on Tuesday will contain a front page article headlined "Judges Rule Against U.S. On Detained 'Combatant.'" On this evening's broadcast of NPR's "All Things Considered": The broadcast contained audio segments entitled "Appeals Court Strikes at 'Enemy Combatant' Policy"; "Loving Decision: 40 Years of Legal Interracial Unions"; and "Republicans Block No-Confidence Vote on Gonzales" (RealPlayer required). Posted at 11:37 PM by Howard Bashman "The way they were: A typical day at the Justice Department circa 2005." You can access this week's installment of Tom Tomorrow's "This Modern World" cartoon by clicking here. Posted at 08:50 PM by Howard Bashman "Flipping Off the FCC: Community standards at the federal level?" Peter Suderman has this essay today at National Review Online. Posted at 08:45 PM by Howard Bashman "Are Alito and company really such heartless, pro-discrimination brutes? Hardly." So writes Stuart Taylor Jr. today in the National Journal in an essay headlined "'Injustice 5, Justice 4,'" responding to this recent New York Times editorial. Posted at 08:25 PM by Howard Bashman "Judge Throws Out Sentence in Teen Sex Case": The New York Times provides a news update that begins, "A Georgia Superior Court judge today ordered the release of Genarlow Wilson, who has served two years of 10-year prison sentence for having consensual oral sex with another teenager at a party when he was 17. Prosecutors said they would appeal the order." Posted at 08:20 PM by Howard Bashman "No-Confidence Vote on Gonzales Fails in the Senate": The New York Times provides this news update. The Washington Post provides a news update headlined "No-Confidence Resolution Against Gonzales Fails in Senate." The Los Angeles Times provides a news update headlined "Gonzales no-confidence vote defeated." The Associated Press reports that "GOP Blocks Gonzales No-Confidence Vote." Reuters reports that "Senate Republicans block vote on Gonzales." And Bloomberg News reports that "Senate Republicans Block Vote on Alberto Gonzales." You can access today's U.S. Senate roll call vote tally on the cloture motion at this link. "Court Says Military Cannot Hold 'Enemy Combatant'": Adam Liptak of The New York Times provides this news update. Posted at 08:03 PM by Howard Bashman "Supreme Court to Review Judges' Discretion in Cocaine Sentences": Charles Lane will have this article Tuesday in The Washington Post. Posted at 07:55 PM by Howard Bashman "Philip Morris can't shift lawsuit to federal court, justices rule": Michael Doyle of McClatchy Newspapers provides this report. Posted at 07:54 PM by Howard Bashman "Court Ruling Boosts Case of Ousted Judge": From Islamabad, The Associated Press provides a report that begins, "Pakistan's top judge got a boost Monday when the Supreme Court allowed him to contest his suspension by President Gen. Pervez Musharraf in a case that has fueled widespread protests of the government." Posted at 05:30 PM by Howard Bashman "Butts Charged With Stealing Toilet Paper": The Associated Press provides a report that begins, "Police blame a woman named Butts for stealing toilet paper from a central Iowa courthouse, and while they're chuckling, the theft charge could put her in prison." And The Times-Republican of Marshalltown, Iowa reports that "Toilet paper bandit could face three years in prison." "Judge's critique pounds system; Suspension fails to calm Mathesius": Yesterday's edition of The Trenton (N.J.) Times contained an article that begins, "If anyone thought a monthlong suspension without pay would cure Mercer County Judge Bill Mathesius of his irreverent outspokenness and sarcastic courtroom demeanor, they were wrong. Six months after the state Supreme Court ordered Mathesius to take time off to ponder his caustic judicial manner, the self-proclaimed 'impolite and impolitic' jurist has published his reflections in a scathing critique of the state judicial system. Posted online by New Jersey Lawyer, a trade publication, the missive accuses the state's highest court of an 'assault on judicial independence' and calls its disciplinary panel 'a judicial SWAT team of scolds.'" And New Jersey Lawyer has today posted online an article headlined "Mathesius: Sitting judge rips the judiciary and the justices." The complete text of New Jersey state court Judge Bill Mathesius' written remarks appear under the headline "Reflections of a disreputer -- (Guaranteed: 85% of this story is 100% true)." You can also access the remarks in PDF format by clicking here. "Philip Morris Loses U.S. High Court Case on Suit Site": Greg Stohr of Bloomberg News provides this report. And Reuters reports that "Top court rules against Philip Morris." "Appeal blocks release in teen sex case": CNN.com provides a report that begins, "A judge on Monday threw out the 10-year sentence against a 21-year-old for a consensual sex encounter he had as a teenager. But the state attorney general quickly filed a notice of appeal, keeping Genarlow Wilson in prison for the time being." Posted at 02:25 PM by Howard Bashman "Senate Vote May Not Dislodge Gonzales": This audio segment (RealPlayer required) appeared on today's broadcast of NPR's "Morning Edition." Today's broadcast of the public radio program "Here & Now" contained an audio segment entitled "No Confidence in Gonzales?" (RealPlayer required). And KYW Newsradio 1060 in Philadelphia reports that "Sen. Specter Says 'No' to Gonzales." "Supreme Court says wage rules don't apply to home healthcare workers": David G. Savage of The Los Angeles Times provides this news update. And Robert Barnes of The Washington Post provides a news update headlined "Court Rules Against Home Care Workers." "Federal Court Rules in Favor of 'Enemy Combatant'": The Washington Post provides this news update. My earlier coverage of today's Fourth Circuit ruling appears immediately below. "Man labeled 'enemy combatant' wins court case": James Vicini of Reuters provides a report that begins, "President George W. Bush cannot order the military to seize and indefinitely detain a Qatari national and suspected al Qaeda operative, the only person being held in the United States as an 'enemy combatant,' an appeals court ruled on Monday. In a major setback for Bush's policies in the war on terrorism adopted after the September 11 attacks, the appellate panel ruled 2-1 the U.S. government had no evidence to treat Ali Saleh Kahlah al-Marri as an 'enemy combatant.' The court ordered him released from military custody." The Associated Press reports that "Court Rules in Favor of Enemy Combatant." And at "SCOTUSblog," Lyle Denniston has a post titled "President denied authority to detain civilians in U.S." You can access today's ruling of the U.S. Court of Appeals for the Fourth Circuit at this link. "Even the Recused Judge Agreed With This Appeal's Outcome": Today's installment of my "On Appeal" column for law.com can be accessed here. Posted at 12:30 PM by Howard Bashman "Judge frees teen imprisoned for consensual oral sex": The Atlanta Journal-Constitution provides a news update that begins, "A judge today ordered that Genarlow Wilson be freed from prison, where he has spent more than two years for receiving consensual oral sex from a 15-year-old girl when he was 17. Monroe County Superior Court Judge Thomas Wilson also amended Wilson's felony conviction to a misdemeanor without the requirement that he register as a sex offender." Posted at 12:27 PM by Howard Bashman "Ga. Supreme Court rejects challenge to voter ID law; Reverses ruling that found it unconstitutional": Bill Rankin of The Atlanta Journal-Constitution provides a news update that begins, "The Georgia Supreme Court on Monday threw out a challenge to the state's voter ID law, ruling that the plaintiff who brought the case did not have legal standing to do it. The court's decision reverses a ruling last September by a Fulton County judge who found the law unconstitutional." And The Associated Press reports that "Ga. Court Tosses Voter ID Challenge." You can access today's ruling of the Supreme Court of Georgia at this link. "Judge says Genarlow Wilson should be released": The Atlanta Journal-Constitution provides a news bulletin that begins, "A judge on Monday voided a 10-year sentence for a man accused of having consensual oral sex with a 15-year-old girl when he was 17. He instead gave Genarlow Wilson a 12-month misdemeanor sentence with credit for time already served. The state is likely to appeal the ruling." And The Associated Press provides a report headlined "Judge: No 10-Year Sentence for Teen Sex." The Associated Press is reporting: In early coverage of today's U.S. Supreme Court rulings, Pete Yost has articles headlined "Court Allows Recovery of Cleanup Costs" and "Court Rules Against Home Care Workers." In addition, The AP also provides reports headlined "Court Rules Against Philip Morris"; "Court to Review Cocaine Sentencing Case"; "Court Goes Against Labor in Pension Case." "Court to hear cocaine sentence case; issues five unanimous rulings": Lyle Denniston has this post at "SCOTUSblog." The five argued cases in which the Court today issued decisions are: 1. Long Island Care at Home, Ltd. v. Coke, No. 06-593 (opinion here; oral argument transcript here); 2. Watson v. Philip Morris Cos., No. 05-1284 (opinion here; oral argument transcript here); 3. United States v. Atlantic Research Corp., No. 06-562 (opinion here; oral argument transcript here); 4. Fry v. Pliler, No. (opinion here; oral argument transcript here); and 5. Beck v. PACE Int’l Union, No. 05-1448 (opinion here; oral argument transcript here). You can access today's Order List at this link. The Court granted review in three cases and called for the views of the Solicitor General in one case. "Roberts Court Discord Rises Over Abortion, Death-Penalty Cases": Greg Stohr of Bloomberg News provides this report. Posted at 09:58 AM by Howard Bashman Programming note: I'll be off-line until 11 a.m. eastern time meeting with a potential new appellate client. For prompt coverage of today's U.S. Supreme Court opinions and orders, please visit "SCOTUSblog." Posted at 09:55 AM by Howard Bashman "IQ debate unsettled in death penalty cases; The Supreme Court ruled against executing the mentally retarded, but defining that group has proved difficult": David G. Savage has this article today in The Los Angeles Times. Posted at 08:22 AM by Howard Bashman "Gay marriage vote to test DiMasi's clout; House members weighing positions": This article appears today in The Boston Globe. Posted at 08:20 AM by Howard Bashman "A %$#@ slippery slope on raw talk? Some wonder how far broadcasters will go in the wake of a court ruling easing limits on 'unscripted expletives.'" Jim Puzzanghera has this article today in The Los Angeles Times. Posted at 08:19 AM by Howard Bashman "Weeding out the innocents: Just because a vast majority of prisoners were rightly convicted doesn't mean we shouldn't look for those who weren't." Law Professor Samuel R. Gross has this op-ed today in The Los Angeles Times. Posted at 08:17 AM by Howard Bashman "Judge to rule today on Genarlow Wilson sentence": The Atlanta Journal-Constitution provides a report that begins, "A Monroe County judge is expected to issue a ruling Monday on a request to free 21-year-old Genarlow Wilson, who is serving a 10-year prison sentence for a sexual encounter with an underage girl when he was 17. Wilson's attorney appealed to a judge last week to free Wilson from prison and throw out his conviction for receiving consensual oral sex from a 15-year-old girl when he was 17." And today's edition of The Los Angeles Times contains an article headlined "Sex landed teen in prison, and in limbo; A consensual encounter meant a 10-year sentence for Genarlow Wilson; The law has since changed, but that may not help him." "Judge's role in plea overturns sentence": The Washington Times today contains this article reporting on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued last Tuesday. Posted at 08:05 AM by Howard Bashman "Suit to decide workplace 'hate speech'": The Washington Times today contains an article that begins, "The words 'natural family,' 'marriage' and 'union of a man and a woman' can be punished as 'hate speech' in government workplaces, according to a lawsuit that is being appealed to the U.S. Supreme Court." Posted at 08:03 AM by Howard Bashman "No signs of phaseout for Guantanamo": This article appears today in The Boston Globe. And The Los Angeles Times today contains an article headlined "Powell: It's time to close Guantanamo; The onetime secretary of State says the prison is only damaging the United States in the eyes of the world." "Libby's Supporters Who Wrote to Judge Learn That Letters Take on New Life on the Web": The New York Times today contains an article that begins, "In what may be a sign of things to come, the lawyers for I. Lewis Libby Jr. last month invoked the rarely used courtroom tactic: the 'bloggers can be mean' defense." And The Washington Post reports today that "Dozen Top Legal Scholars Line Up for Libby Appeal." "A Test of the Senate": The New York Times today contains an editorial that begins, "The Senate has scheduled a no-confidence vote today on Attorney General Alberto Gonzales." And The Los Angeles Times reports today that "Vote on Gonzales marks juncture in probe; The next step for the inquiry of the U.S. attorney firings is unclear as the Senate takes up a no-confidence motion, which Tony Snow calls 'purely a symbolic act.'" "Trial this week for prosecutor in Duke case; Mike Nifong to face ethics charges": This article appears today in USA Today. Posted at 06:45 AM by Howard Bashman "Vietnamese, Americans Appeal Rulings on Use of Agent Orange": Today in The New York Sun, Joseph Goldstein has an article that begins, "A federal appeals court will soon hear oral arguments in lawsuits brought by citizens of Vietnam and American Vietnam War veterans who say their health has suffered from exposure to the defoliant Agent Orange." Posted at 06:42 AM by Howard Bashman Sunday, June 10, 2007 "Southwick opposition steeped in hypocrisy": Sid Salter has this op-ed today in The Clarion-Ledger of Jackson, Mississippi. Posted at 11:15 PM by Howard Bashman "Reading the Constitution Right: Clarence Thomas's fidelity to our founding documents is making its mark on the Supreme Court.." Law Professor Stephen B. Presser has this article in the Spring 2007 issue of City Journal. Posted at 11:10 PM by Howard Bashman "Charles Pickering Gets the Last Word: A maligned civil rights hero, the changing South, and the future of the courts." City Journal has today posted online an essay by Harry Stein that begins, "Mention the name Charles Pickering to anyone but the most committed news junkie, and you're apt to get a blank look or, at best, one of dim recognition. In the era of the 24-hour news cycle aimed at the ever-shortening attention span, the bitter Senate battles over the federal judiciary in which Pickering played so dramatic a part a few years back can seem like ancient history." Posted at 11:05 PM by Howard Bashman In commentary from The Chicago Tribune: Today's newspaper contains an editorial entitled "Detainees and delays." And yesterday's newspaper contained an editorial entitled "Bad words and the FCC." "Justices on Trial: Can Senate confirmation ever be less tortuous?" In the June 18, 2007 issue of The Weekly Standard, Edward Whelan will have this review of Benjamin Wittes's book, "Confirmation Wars: Preserving Independent Courts in Angry Times." Posted at 10:05 PM by Howard Bashman "Immigration Judges Often Picked Based On GOP Ties; Law Forbids Practice; Courts Being Reshaped": This front page article will appear Monday in The Washington Post. Posted at 09:54 PM by Howard Bashman "Inconvenient Truth": In tomorrow's issue of CQ Weekly, columnist Kenneth Jost will have an essay that begins, "As Justice Clarence Thomas recounted the case, Jeffrey Landrigan was an uncooperative murder defendant who gave his lawyer no help in finding evidence to spare him the death penalty." Posted at 09:44 PM by Howard Bashman "Powell Calls for Closure of Military Prison at Guantanamo": This article will appear Monday in The Washington Post. Posted at 08:42 PM by Howard Bashman "Conservatives Worry About Court Vacancies": Today in The Washington Post, Robert Barnes and Michael Abramowitz have an article that begins, "A White House failure to move quickly to fill judicial openings around the country is fueling concern among conservative allies that President Bush may miss an opportunity to use his final months in office to continue putting his stamp on the federal judiciary." The article reports, among other things, that U.S. Senator Arlen Specter (R-PA) has asked the White House to nominate attorney Carolyn P. Short for the Philadelphia-based vacancy that now exists on the U.S. Court of Appeals for the Third Circuit. "Pakistan's suspended judge to face new complaint": Reuters provides a report that begins, "Pakistan's government has prepared a new misconduct complaint against the suspended chief judge, the law minister said on Sunday, raising the stakes in a three-month-old dispute that has sparked street protests." Posted at 07:52 PM by Howard Bashman In Monday's issue of The Christian Science Monitor: Tomorrow's newspaper will contain articles headlined "From Gitmo cell to 'freedom' in Albania: Abu Muhammad, an Algerian doctor, is one of eight former Guantanamo detainees who were granted asylum in Albania" and "Unlikely popular heroes of Pakistan's opposition: lawyers; Thousands of lawyers have taken to the streets to protest Musharraf's controversial dismissal of the chief justice of the Supreme Court." Posted at 07:32 PM by Howard Bashman The Associated Press is reporting: Now available online are articles headlined "Loving Reflects on Interracial Marriage"; "Powell Calls for Closing Guantanamo Bay"; "Studies Say Death Penalty Deters Crime"; "Jailed Chinese Reporter Joins Yahoo Suit"; "Durham DA Heads to Trial Over Duke Case"; and "Prisons Ban Books Over Fear of Radicals." Posted at 07:25 PM by Howard Bashman "Stacking juries toward death": The Boston Globe contains this editorial today. Posted at 08:40 AM by Howard Bashman Paris Hilton is not appealing: So reports The Associated Press. Update: And The Los Angeles Times reports today that "Paris Hilton says she will not file appeal; Heiress issues a statement saying that she intends to fulfill the remainder of her 23-day sentence in jail." "Chinese Leave Guantanamo for Albanian Limbo": The New York Times contains this article today. Posted at 12:15 AM by Howard Bashman "F.B.I. Agent Tells Padilla Jury of Coded Plans for Jihad": This article appeared Saturday in The New York Times. Saturday's edition of The Los Angeles Times reported that "Padilla jury hears him talk in cryptic decade-old call; In it, the terrorism defendant tells his alleged recruiter that he is ready for his mission." And The South Florida Sun-Sentinel reported on Saturday that "Calls tie Padilla to terror, prosecutors say." Saturday, June 09, 2007 "Besieged White House Reinforces Counsel's Office": The Washington Post contains this article today. Posted at 11:59 PM by Howard Bashman "Microsoft Finds Legal Defender in Justice Dept." This article will appear Sunday in The New York Times. Posted at 11:57 PM by Howard Bashman Harrisburg Senators 9, Altoona Curve 6: My son and I spent this delightful spring evening in Harrisburg, Pennsylvania, watching from two rows behind the Senators dugout a AA minor league baseball game between two Eastern League rivals. After squandering a two-run lead in the top of the seventh, and facing a three-run deficit in the bottom of the seventh, the Senators managed to answer the five runs that the Curve scored in the top of that inning with five runs of their own. You can access the box score at this link, while game recaps are here and here. Thanks to home plate umpire Cory Blaser for tossing a baseball to my son as the umps were exiting the field at the conclusion of the game. Earlier today, my son's little league team was eliminated in the semifinal round of the playoffs for teams consisting of fifth and sixth graders. Although that was a sad development, the team was the only one of multiple teams from our township to make it to the semifinal round. My son played well today, reaching base safely on two out of three trips to the plate. And on defense, he played very well, handling two opportunities at second base (a grounder and a line drive), and in left field catching the third out on a sharply hit fly ball when the opposing team had runners on second and third who surely would have scored had the ball not been caught. Our baseball-filled weekend will conclude tomorrow, as we head to Baltimore to watch the Orioles host the Colorado Rockies and to obtain a bobblehead doll. "2 courts apply same experience-and-logic test, get different results": Online at the First Amendment Center, Douglas Lee has an essay that begins, "Experience and logic, it appears, also are in the eyes of the beholder. No other explanation exists for the diametrically opposed holdings in Pennsylvania v. Long and U.S. v. Black, in which one court recognized a First Amendment right of access to jurors' names and another did not. While both courts applied the 'experience and logic' test required by the U.S. Supreme Court, their applications could not have been more different." Posted at 02:23 PM by Howard Bashman "Hamdan seeks new court review": Lyle Denniston has this post at "SCOTUSblog." Posted at 02:17 PM by Howard Bashman "A Bill of Rights without borders: A 50-year-old court decision on constitutional protections overseas comes into play in the war on terror." Law Professor Kal Raustiala has this op-ed today in The Los Angeles Times. Posted at 02:15 PM by Howard Bashman "Campbell claims unjust sentencing; Attorney says judge punished ex-mayor for some things of which he was acquitted": This article, reporting on an appeal argued yesterday before the U.S. Court of Appeals for the Eleventh Circuit, appears today in The Atlanta Journal-Constitution. Posted at 02:13 PM by Howard Bashman "Ruling Likely to Spur Convictions in Capital Cases": Adam Liptak has this article today in The New York Times. Posted at 08:13 AM by Howard Bashman Friday, June 08, 2007 "It's Subpoena Time": The New York Times today contains an editorial that begins, "For months, senators have listened to a parade of well-coached Justice Department witnesses claiming to know nothing about how nine prosecutors were chosen for firing." Posted at 11:20 PM by Howard Bashman "Hilton release unusual, lawyers say; People remain in custody even with heart problems, AIDs or emotional difficulties, criminal attorneys say": Maura Dolan has this article today in The Los Angeles Times. Posted at 11:14 PM by Howard Bashman Available online from law.com: An article reports that "Assault Launched on High Court's Pay Disparity Ruling; Congress urged to undo decision that bars many unequal pay claims; Ledbetter is scheduled as witness in Tuesday hearing." Shannon P. Duffy reports that "3rd Circuit Overturns Lifetime Computer Ban; Federal appeals court rules sentence too harsh in pornography case." My earlier coverage of Tuesday's Third Circuit ruling appears here. An article reports that "Doctor's Blog Sinks Malpractice Defense." In news from Texas, "Attorney to Seek New Trial After Theft Conviction for Demanding Payment From Wife's Lovers." My most recent earlier coverage appears at this link. And the brand new installment of my "On Appeal" column is headlined "Even the Recused Judge Agreed With This Appeal's Outcome." "Ruling hits 2 media giants; Mexico's high court nullifies parts of a law that would have helped solidify TV Azteca's and Televisa's control": This article appears today in The Los Angeles Times. And The New York Times reports today that "Mexico's Court Limits Reach of Big Media." "Senate begins push for trials at Gitmo; A panel takes first step to restore habeas corpus; But that won't help resolve how to weed out the dangerous detainees from the rest": David G. Savage has this article today in The Los Angeles Times. In addition, columnist Rosa Brooks has an op-ed entitled "At Gitmo, it all hinges on a word: If military tribunals can only try 'unlawful' enemy combatants, they may have no authority over Guantanamo detainees." And The Washington Post reports today that "Senate Committee Approves Bill for Detainee Hearings." "Artificial Sweetener Rivals Renew a Heated Court Fight": The New York Times contains this article today. And Shannon P. Duffy of The Legal Intelligencer has an article headlined "Is Equal-Splenda Settlement Dissolving?" "Teen's search for justice: Genarlow Wilson's 10-year sentence for consensual sex ought to be thrown out by judge." This editorial appears today in The Atlanta Journal-Constitution. Posted at 09:48 PM by Howard Bashman "Campbell attorney argues for reduced prison time": The Atlanta Journal-Constitution provides a news update that begins, "Former Atlanta Mayor Bill Campbell filled another courtroom Friday, although the erstwhile pol spent the day in the minimum security prison in Florida where he has lived since last August. His appeals attorney, who Campbell found over the Internet after his conviction, argued in federal appeals court that a judge wrongly sidelined one of his attorneys and was 'unreasonable' in sentencing the former mayor to 30 months in prison. Douglas A. Berman contended that U.S. District Judge Richard W. Story disregarded the jury's acquittal of Campbell on corruption charges when determining the sentence." Posted at 09:45 PM by Howard Bashman "Hearing on FEC Pick Could Add Fuel to Debate Over Justice Dept." This article appears today in The Washington Post. Posted at 09:30 PM by Howard Bashman "Notification repeal bound for governor; Senate votes against abortion restriction": The Concord (N.H.) Monitor today contains an article that begins, "The state's flawed parental notification law, which has spent its four years tied up in a court battle, is now the governor's call. The state Senate voted 15-9 late last night to repeal the law rather than fix it. The House took the same route months ago. And Gov. John Lynch has already said he'd sign a repeal, thereby ending a costly and long court fight that went to the U.S. Supreme Court and is now pending in the local federal court." And The New York Times reports today that "New Hampshire to Repeal Parental Notification Law." "Protests Rage Against Musharraf; Aides Criticize Justice He Ousted": This article appears today in The New York Times. Posted at 09:17 PM by Howard Bashman "Court Okays Crackdown on Alien IDs": Today in The New York Sun, Joseph Goldstein has an article that begins, "New York's highest court is weighing in on the national debate on immigration, ruling that the state's Department of Motor Vehicles can act to prevent illegal immigrants from getting driver's licenses." My earlier coverage of yesterday's New York State Court of Appeals ruling appears at this link. "Bork v. Yale Club: Jurist Seeks Redress Over a Fall." This article appears today in The New York Times. And The New York Post today contains an article headlined "$1 Mil Bork Chop: Judge Sues Yale Club." Via WSJ.com's "Law Blog," you can access the complaint initiating suit at this link. "Embryos at the center of bitter custody battle; Texas high court may look at case of woman who wants a family, and her ex, who does not": The Houston Chronicle published this article last week. And The Associated Press reports that "Top Texas Court Gets Embryo Custody Case." "For 'Don't Ask, Don't Tell,' Split on Party Lines": This article appears today in The New York Times. And Stephen Benjamin has an op-ed entitled "Don't Ask, Don't Translate." "Supreme Court justices: Well-off, well-traveled; Only two justices reported assets under $1M, while a number of them spent time traveling to far-flung locales." Bill Mears of CNN.com provides this report. Posted at 08:27 PM by Howard Bashman "Justices Report Their 2006 Finances": Mark Sherman of The Associated Press provides this report. Posted at 05:15 PM by Howard Bashman "The Supreme Court's Step Back for Women": Reynolds Holding will have this article in the June 18, 2007 issue of Time magazine. Posted at 04:15 PM by Howard Bashman Who will protect the First Amendment right of bail bondsmen to solicit potential customers? The Fifth Circuit, that's who, although not to exactly the same degree as did a federal district judge whose decision the Fifth Circuit reviews in an opinion issued today. Moreover, today's ruling apparently applies to Texas-based bail bondspeople of whatever gender. Posted at 03:57 PM by Howard Bashman U.S. District Judge Reggie B. Walton grants permission for law professors to file amicus brief in support of "Scooter" Libby's motion for bail pending appeal: Don't miss what appears to be a disparaging footnote found in today's order. Posted at 03:40 PM by Howard Bashman "Hanford zoning decision reversed; State's top court sides with the city in a ruling some say could hurt big-box retailers": The Fresno Bee today contains an article that begins, "The state's highest court sided with the city of Hanford on Thursday in a land-use case that some hail as a victory for local government -- but others say could be used against big-box retailers." Today in The San Francisco Chronicle, Bob Egelko reports that "Court backs local control over big-box sites; Cities, counties can decide type of stores they prefer." And Metropolitan News-Enterprise reports that "S.C. Approves Ordinance Designed to Protect Downtown Businesses; Court Unanimously Rejects Merchants’ Argument That Law Unconstitutionally Stifled Competition." You can access yesterday's ruling of the Supreme Court of California at this link. "Gay Lawyers Come Out as Clients Demand More Diversity": Bloomberg News provides this report. Posted at 03:25 PM by Howard Bashman "Screaming Paris Hilton Sent Back to Jail": The Associated Press provides this report. Posted at 03:15 PM by Howard Bashman "Law and Orders: How should the president's lawyers advise a reluctant White House?" Law Professor Dawn Johnsen has this jurisprudence essay online at Slate. Posted at 03:12 PM by Howard Bashman "In this appeal we consider whether a statutory scheme compelling California pistachio growers to fund generic advertising through the California Pistachio Commission violates the First Amendment." So begins a decision that a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued today. The Ninth Circuit's ruling vacates a preliminary injunction forbidding the California Pistachio Commission from collecting and using the challenged assessments until the litigation is resolved on the merits. Posted at 02:24 PM by Howard Bashman "Death leads to dismissal of key Supreme Court case": The St. Louis Post-Dispatch yesterday contained an article (via "Sentencing Law and Policy") that begins, "Investigators are still sorting out why Mario Claiborne was following a stolen pickup last week and just how the pursuit led to gunfire and Claiborne's death. But the killing has created other legal twists, as it forced the dismissal of Claiborne's closely watched case before the U.S. Supreme Court, which was expected to rule within the next few weeks. Justices were to clarify how much discretion federal judges have when applying sentencing guidelines." Posted at 02:11 PM by Howard Bashman The Associated Press is reporting: Now available online are articles headlined "Pentagon to Appeal Guantanamo Decisions"; "Former Atlanta Mayor Appeals Sentence"; and "White House Expands Its Legal Team." Posted at 02:05 PM by Howard Bashman "Professors Back Libby on Appeal; Group Includes Dershowitz, Bork": Josh Gerstein of The New York Sun provides a news update that begins, "A dozen legal scholars, including a noted civil libertarian, Alan Dershowitz, are coming to the aid of a convicted White House aide facing a 2 1/2-year prison sentence. The scholars submitted an amicus brief Thursday to Judge Reggie Walton arguing that that there are serious constitutional questions about the legal authority of the special prosecutor who pursued Libby on obstruction of justice, perjury and false statement charges, Patrick Fitzgerald." And The Associated Press reports that "Leak Prosecutor's Authority Questioned." You can access the law professors' amicus brief at this link. U.S. Court of Appeals for the Second Circuit has issued its eagerly awaited ruling in Ehrenfeld v. Bin Mahfouz: You can access today's ruling at this link. [Update: The Second Circuit originally posted the opinion at that link, but then took the decision off-line. I'm told that the ruling should be back online soon. Second update at 11:58 a.m.: The opinion is once again available from the Second Circuit's web site. I've posted a back-up copy of today's ruling at this link.] Today's ruling certifies a jurisdictional question to New York State's highest court for resolution, thereby vacating the trial court's dismissal of one of the plaintiff's two claims. The dismissal of the other claim is affirmed. The trial court's ruling that is the subject of today's Second Circuit decision can be accessed here. The New York Sun on November 9, 2006 published Joseph Goldstein's coverage of the Second Circuit's oral argument in an article headlined "A British Court's Libel Judgment Is Reviewed by American Judges; Saudi Sued Ehrenfeld Over Allegations." Back in April 2005, The New York Times reported on the author's initiation of litigation in the United States in an article headlined "Seeking U.S. Turf for a Free-Speech Fight." In August 2005, Jeffrey Toobin had this Talk of the Town essay in The New Yorker about the dispute. On November 7, 2006, The Boston Globe published an op-ed by Samuel A. Abady and Harvey Silverglate entitled "'Libel tourism' and the war on terror." That op-ed begins, "An important question will be argued tomorrow before the federal Court of Appeals in Manhattan: should American journalists who write about controversial issues be subjected to legal intimidation from abroad? More precisely, will American courts halt the growing practice of 'libel tourism' whereby wealthy foreigners sue American writers and publishers in England, despite little chance of enforcing the judgment in this country?" On May 19, 2005, The Times of London published an article headlined "Libel and money - why British courts are choice of the world; The £30,000 damages won by a Saudi billionaire over 23 copies of an American book but imported to Britain is being contested by the author." The article begins, "US publishers might have to stop contentious books |
