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Tuesday, June 07, 2005 "Padilla's Case Returns to Supreme Court; Alleged 'dirty bomber' asks high court to take his case and decide whether U.S. has right to detain him": law.com provides this report. Posted at 11:00 PM by Howard Bashman The court battle over the office of Governor of Washington State comes to an end: The Seattle Post-Intelligencer today contains articles headlined "Rossi ends the fight; Judge upholds Gregoire's election victory" and "After spending millions, challenger loses 4 votes." The Seattle Times today contains articles headlined "Rossi loses in court, won't appeal ruling"; "Judge dissects Republican claims one by one in ruling against suit"; "What does the future hold? Everybody's got an opinion"; and "Barbs from bench for King County." The Olympian contains articles headlined "Ruling ends GOP's election challenge"; "Rossi says fight is over"; "Case could affect future strategies"; "Observers stress need for change"; and "GOP governors association calls for Gregoire to resign." The New York Times reports that "Judge Dismisses Lawsuit Over Washington Election." The Washington Post reports that "Judge Upholds Win For Wash. Governor." And The Los Angeles Times reports that "Democrat's Win Upheld in Washington; A judge rules Christine Gregoire's victory as governor is valid; Republican Dino Rossi concedes after months of legal wrangling." "Liberals Rethinking Senate Filibuster Deal": This article will appear Wednesday in The Washington Post. And The New York Times on Wednesday will report that "Bush Judicial Nominee Nears Confirmation." "Kentucky says every blawg post is an ad": The blog "f/k/a" provides this post tonight. Posted at 10:28 PM by Howard Bashman "Senate Ends Debate on Another Judicial Nominee": The New York Times provides this news update. The Los Angeles Times provides a news update headlined "Senate Ends Filibuster on Justice Brown." And James Kuhnhenn of Knight Ridder Newspapers reports that "Senate moves toward vote on Brown nomination." On this evening's broadcast of NPR's "All Things Considered": The broadcast contained segments entitled "Bush Judicial Nominee Moves Forward" and "Court Ruling a Blow to Marijuana Legalization Movement." RealPlayer is required to launch these audio clips. Posted at 08:45 PM by Howard Bashman "State's high court hears arguments on vouchers": The Miami Herald provides this news update. Posted at 08:40 PM by Howard Bashman In news from Michigan: The Ann Arbor News reports today that "U-M's minority enrollment looking up; Paid deposits from black students rise by 20% over last year." The Detroit Free Press reports today that "Minority enrollment bounces back at U-M." And The Detroit News reports today that "Minority enrollment surges 15% at U-M; More black, Hispanic freshmen sign up, two years after court ruling changed admission rules." "Fallout of marijuana verdict: This week's high-court ruling nudges legislators into the thick of medical-use debate." This article will appear Wednesday in The Christian Science Monitor. Posted at 05:52 PM by Howard Bashman "Man With Chain Saw Allowed to Enter U.S.": The Associated Press provides a report that begins, "On April 25, Gregory Despres arrived at the U.S.-Canadian border crossing at Calais, Maine, carrying a homemade sword, a hatchet, a knife, brass knuckles and a chain saw stained with what appeared to be blood. U.S. customs agents confiscated the weapons and fingerprinted Despres. Then they let him into the United States." In related coverage, The Patriot Ledger of Quincy, Massachusetts last month contained an editorial entitled "Alert police work." And The Standard-Times of New Bedford reported yesterday that "Boots link man to double slaying, police say." And even earlier last month, Canadian Press reported that "N.B. justice officials seek to extradite murder suspect." Ninth Circuit hears oral argument in appeal filed by high school student suspended for wearing T-shirt condemning homosexuality: Yesterday, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit heard oral argument in Harper v. Poway Unified School District. Today, C-SPAN2 has aired video of the oral argument several times, but the audio from the argument is not yet available over the Ninth Circuit's web site. The three-judge panel assigned to decide the case consists of Circuit Judges Stephen Reinhardt, Alex Kozinski, and Sidney R. Thomas. The decision that has been appealed, denying the student's request for a preliminary injunction, can be accessed here. The complaint initiating suit is here, and photographs of the T-shirt can be viewed at this link. After suit was filed, The Associated Press reported that "Student sues over suspension for wearing anti-gay shirt." When the oral argument becomes available online (either from C-SPAN, the Ninth Circuit, or both), I'll post a link to it. "T.R. Goldman of Legal Times discusses the status of judicial nominations in the Senate and the expected debate on confirmation of next Supreme Court justice": T.R. appeared on today's broadcast of C-SPAN's "Washington Journal," and you can view the clip by clicking here (RealPlayer required). Posted at 05:00 PM by Howard Bashman On today's broadcast of NPR's "Talk of the Nation": The broadcast contained segments entitled "Patients, States Adjust to New Marijuana Ruling" and "Finding Room for the 10 Commandments." RealPlayer is required to launch these audio segments. Posted at 04:55 PM by Howard Bashman "Fla. Supreme Court hears school voucher challenge": Reuters provides this report. Posted at 04:42 PM by Howard Bashman "If Client Wants Long-Shot Appeal, Lawyer Must File It; Panel Says Lawyer Must File Client's Long-Shot Appeal": Peter Blumberg has this article today in The Daily Journal of California. The article reports on two rulings that the U.S. Court of Appeals for the Ninth Circuit issued yesterday: United States v. Sandoval-Lopez and United States v. Harrington. The wire services are reporting: Reuters reports that "US judge questions remedies sought in tobacco case." And The Associated Press offers articles headlined "Prosecutors End Case Against Tobacco Cos." and "Court Upholds Fla. Sex Offender Registry." In today's edition of The Sacramento Bee: The newspaper contains articles headlined "U.S. medical pot ban OK'd; Justices rule state cannot trump federal drug laws" and "Patients in state pledge to go right on puffing." And in other news, "Judge's secretary accused of theft; The former aide to a federal jurist allegedly took at least $94,000." Penumbras, formed by emanations, at 40: Today is the fortieth anniversary of the U.S. Supreme Court's ruling in Griswold v. Connecticut. People For the American Way has today issued a press release titled "40th Anniversary of Griswold Highlights Threat to Privacy Rights from Future Supreme Court Nominees; Far-Right Justices Reject Constitutional Right to Privacy." In news coverage and commentary that marks today's anniversary, The Milwaukee Journal Sentinel today reports that "After 40 years, tiny pill still leads big debate; Some prefer natural family planning." The Wisconsin State Journal reports today that "Birth control in jeopardy, some lawmakers say." In The Minneapolis Star Tribune, Elizabeth Borg has an op-ed entitled "The fight that won us the right to birth control." And in The Atlanta Journal-Constitution, Adrienne Burns has an essay entitled "Birth control rights must be protected." "This judge is more right-wing than Thomas": Today in The Hill, Simon Lazarus and Lauren Saunders have an op-ed that begins, "Senate Republicans apparently are ready to confirm California Supreme Court Justice Janice Rogers Brown to the D.C. Circuit Court of Appeals today, based on assurances from Republican leaders that the staunchly conservative Brown's views are 'mainstream.'" And today in Roll Call, Douglas T. Kendall and Jennifer Bradley have an op-ed entitled "If Republicans Look at Her Record, They Will Vote Brown Down." "High Court's pot mistake; Lost in Supreme shuffle: $14 billion in benefits we're missing by not legalizing and taxing pot." Allen Wastler has this essay online today at CNN/Money. Posted at 03:02 PM by Howard Bashman "Another Bush judge nominee nears confirmation vote": Thomas Ferraro of Reuters provides this report. Posted at 02:30 PM by Howard Bashman "Post-ABC Poll: Bush Ignoring Public Concern." The Washington Post provides this news update, in which judicial nominations and confirmations figure prominently. The Post promises to publish online the complete poll results at 5 p.m. today. Update: The poll results can be viewed at this link. "State's Evidence: The problem with yesterday's Supreme Court ruling on medical marijuana." Will Baude has this essay online today at The New Republic. Posted at 02:20 PM by Howard Bashman "US court rules for Endo in OxyContin patent fight": Reuters provides this report on a ruling that the U.S. Court of Appeals for the Federal Circuit issued today. And Reuters reports here that "Purdue Pharma LP will ask the full appeals court to review a decision by three members that found patents on its painkiller, OxyContin, were unenforceable, a company spokesman said on Tuesday." Posted at 12:44 PM by Howard Bashman "Senate Ends Brown Nomination Filibuster": Jesse J. Holland of The Associated Press provides this report. Posted at 12:40 PM by Howard Bashman The U.S. Senate invokes cloture on the nomination of Janice Rogers Brown to serve on the U.S. Court of Appeals for the D.C. Circuit: The vote in favor of cloture was 65-32. An up-or-down vote on the nomination is scheduled for 5 p.m. tomorrow. Update: The official roll call tally can be accessed here. "Speculators eye Cornyn for Supreme Court post; Texas senator fits the profile but says he is not actively looking": This article appears today in The Houston Chronicle. Posted at 12:04 PM by Howard Bashman The U.S. Senate is now voting on whether to invoke cloture on the nomination of Janice Rogers Brown to serve on the U.S. Court of Appeals for the D.C. Circuit: I will post the outcome of the vote when it becomes available, which should be in about thirty minutes from now. Posted at 12:00 PM by Howard Bashman "High court turns away Title IX suit; Wrestling coaches argue that anti-bias law sets quotas in men's sports": This article appears today in The Baltimore Sun. Posted at 11:58 AM by Howard Bashman "High Court Says Disabilities Act Can Apply to Foreign Cruise Ships": Jess Bravin has this article (pass-through link) today in The Wall Street Journal. Earlier today, I collected additional coverage here. Posted at 11:45 AM by Howard Bashman "Supreme Court Rejects State Laws Allowing Medical-Marijuana Use": Jess Bravin has this article (pass-through link) today in The Wall Street Journal. Earlier today, I collected a bit of additional coverage in a post you can access here. Posted at 11:15 AM by Howard Bashman "Federalism, Up in Smoke? The Supreme Court upholds a sweeping justification of federal power." Law Professor Jonathan H. Adler has this essay today at National Review Online. Posted at 10:55 AM by Howard Bashman "Rabbi lauds ruling in battle over home services": The Orlando Sentinel today contains this article reporting on a recent ruling of the U.S. Court of Appeals for the Eleventh Circuit, which I first noted here. Posted at 10:30 AM by Howard Bashman "School voucher case in court's hands; The Florida Supreme Court is scheduled to hear arguments today on whether the state should be using public money to help students attend religious schools -- a case that's drawing national attention": This article appears today in The Miami Herald. Video of the oral argument can be accessed via this link. In related commentary, today in The Orlando Sentinel, columnist Mike Thomas has an essay entitled "Voucher fight is as political as things get." "Ex-Professor Is Called Terrorist Leader": The New York Times contains this article today. The Washington Post reports today that "Terrorism Trial Opens for Fired Professor in Fla." The Los Angeles Times reports that "Line Between Ideas, Aid Is at Issue as Terrorism Trial Begins." Josh Gerstein of The New York Sun reports that "Al-Arian Prosecutor Promises Inside Look at Terror." The Miami Herald reports that "Prosecution, defense paint very different portraits of Al-Arian; Amid very tight security, the long-awaited trial of former USF professor Sami Al-Arian -- accused by the government of supporting a terrorist organization -- began Monday." The Orlando Sentinel reports that "Al-Arian described as 'shrewd'; Prosecutor: The former USF professor led a double life." The St. Petersburg Times reports that "Al-Arian's case opens with questions of terror; The prosecution tries to link the former USF professor to killings in Israel; the defense says there's no connection." And The Tampa Tribune today contains articles headlined "Both Sides Bring Up Jihad" and "All Involved Agree Case Is About Justice." And yesterday, in addition to the articles I previously noted here, the newspaper published an article headlined "Israeli Couple Comes To Tampa For Trial." "Judicial Committee Hears Circuit Judge's Plagiarism Case": This article appears today in The Tampa Tribune. And The St. Petersburg Times reports today that "Plagiarism tip scrutinized; A prosecutor who said he received the claim against Hillsborough Circuit Judge Gregory Holder faced heavy questioning on the first day before the Judicial Qualifications Commission." "Supreme Court Rules That Disabilities Act, in Part, Applies to Foreign Cruise Ships": Linda Greenhouse has this article today in The New York Times. Charles Lane of The Washington Post reports today that "Court Rules Ships Must Obey Laws On Disabled." David G. Savage of The Los Angeles Times reports that "Justices Extend Disabled Act to Cruises; Foreign ships sailing from U.S. ports can't charge higher fares or provide a lower level of service, a split Supreme Court says." In USA Today, Joan Biskupic has an article headlined "Justices: Disabilities act applies to foreign cruise ships." Michael McGough of The Pittsburgh Post-Gazette reports that "Disabled travelers boosted; Foreign cruise ships docking in U.S. must comply, court rules." The Houston Chronicle reports that "Cruise ruling backs access for disabled; But high court does not require vessel retrofitting." The Miami Herald reports that "Court extends disabled rights; A Supreme Court ruling Monday gave disabled cruise ship passengers new rights, saying U.S. laws apply to foreign-flagged ships." The South Florida Sun-Sentinel reports that "Supreme Court says cruise ships must provide better wheelchair access." Florida Today reports that "Cruise ships must boost access; Disabled happy, industry warns of costly effects." And The Leaf-Chronicle of Clarksville, Tennessee reports that "Local woman wins cruise line case; Court applies ADA to foreign ships; Wheel Me On lawsuit will proceed." "Another Bush Judicial Choice Nears Vote": The New York Times contains this article today. The U.S. Senate's debate on the nomination of Janice Rogers Brown to serve on the U.S. Court of Appeals for the D.C. Circuit is resuming at this moment. Live coverage is available online via C-SPAN2. A cloture vote on this nomination is scheduled for noon today. "State loses lawsuit over Glacier Bay; U.S. government owns land underneath park, not the state, justices rule": This article appears today in The Anchorage Daily News. Posted at 09:40 AM by Howard Bashman On today's broadcast of NPR's "Morning Edition": This morning's broadcast contained segments entitled "Medical Marijuana Ruling Has Far-Reaching Impacts" (featuring Nina Totenberg); "Senate to Vote on Controversial Bush Judicial Nominee"; and "Florida High Court Reviews School Vouchers." Posted at 09:35 AM by Howard Bashman "R.I. high court dismisses suit challenging chief justice; Lawyer Keven A. McKenna had argued that Frank J. Williams was no longer the state's chief justice because he had accepted a federal appointment to a military tribunal review commission": This article appears today in The Providence Journal. Yesterday's ruling of the Supreme Court of Rhode Island can be accessed at this link. The Los Angeles Times is reporting: Today's newspaper contains articles headlined "U.S.' Years-Long Battle With Tobacco Firms Nears an End; Billions of dollars are at stake in a lawsuit as closing remarks start; A ruling may take months" and "Difficult Task for Jackson Jurors; The panel may find it impossible to follow the 98 pages of rules set by the judge, analysts say." Posted at 08:10 AM by Howard Bashman "Appeals court backs KC police; $2 million judgment tossed out": The Kansas City Star today contains this article reporting on yesterday's en banc ruling of the U.S. Court of Appeals for the Eighth Circuit, which I first noted here. Posted at 07:30 AM by Howard Bashman "Senate Begins Debate on Bush Judicial Pick; The filibuster deal is expected to clear Janice Rogers Brown's path to the federal bench": Maura Dolan has this article today in The Los Angeles Times, along with a lengthy and interesting profile of the nominee headlined "Judge Appears to Follow Own Conservative Path." The Washington Times reports today that "Cloture vote expected on Brown nomination." And The Washington Post today contains an editorial entitled "Reject Justice Brown." "Justices Say U.S. May Prohibit the Use of Medical Marijuana": Linda Greenhouse has this article today in The New York Times. The newspaper also reports that "Drug's Users Say Ruling Won't End Their Efforts." In The Washington Post, Charles Lane has an article headlined "A Defeat For Users Of Medical Marijuana; State Laws No Defense, Supreme Court Rules." A related article is headlined "User of Medical Marijuana Says She'll Continue to Fight." In The Los Angeles Times, David G. Savage reports that "Justices Rule U.S. Can Ban Medical Pot; The high court says federal anti-marijuana statutes override laws in California and other states that allow the plant's use to ease illness." A related article reports that "Marijuana Patients Remain Defiant." In USA Today, Joan Biskupic has an article headlined "Court: Let Congress legalize it." Related articles are headlined "Patients who use marijuana fear worst if forced to stop; Their dilemma: Break law or be in pain" and "Pot studies difficult to organize, analyze." In The San Francisco Chronicle, Bob Egelko reports that "Medical pot users say they won't stop; Court's ruling: States can't shield patients from U.S. law." Related articles are headlined "Legal impact: Consensus is enforcement won't increase" and "Plaintiffs say they won't stop fighting -- or lighting; Lobbying Congress, more legal wrangling to follow court ruling." In The Chicago Tribune, Jan Crawford Greenburg reports that "Top court rejects marijuana for sick; U.S. laws trump states' statutes." Jan was also among those who discussed the ruling (transcript with link to audio) on yesterday evening's broadcast of PBS's "The NewsHour with Jim Lehrer." law.com's Tony Mauro reports that "Justices' Ruling in Medical Marijuana Case Marks Shift for States' Rights." The Washington Times reports that "Court rules state can't protect medical pot users." In The Baltimore Sun, Gail Gibson reports that "Medicinal use of marijuana dealt setback; Supreme Court upholds federal prosecutions; Medical merits not considered." Michael McGough of The Pittsburgh Post-Gazette reports that "Medical marijuana users lose out in Supreme Court ruling." In related coverage, the newspaper contains an article headlined "Science murky on marijuana's effects; Is it more effective than medications?" In The San Jose Mercury News, Howard Mintz reports that "High court rules U.S. pot laws trump states." The newspaper also reports that "Ruling worries Santa Cruz group; Local medicinal marijuana providers, users fear being targeted by federal law agents." In The Oakland Tribune, Josh Richman reports that "High court says 'no' to pot; Ruling in Oaklander's case lets feds prosecute medical marijuana users; advocates turn to House." The San Diego Union-Tribune reports that "Medical pot users can be prosecuted, justices rule; Supreme Court decision trumps California law." The Press-Enterprise of Riverside, California reports that "States' pot laws eclipsed; Relief outweighs arrest risk, Inland medical-pot users say." The Oroville Mercury-Register reports that "Oroville plaintiff says she'll keep growing pot." The Los Angeles Daily News reports that "Court snuffs medical pot use." The San Francisco Examiner reports that "Fear of pot club raids arises; Officials: State laws on medical use still rule"; "Local facilities still open"; and "Decision upsets county supporters." The New York Daily News reports that "High court rejects pot as medicine." The Denver Post contains an article headlined "Court: states' pot prosecutions okay." The Rocky Mountain News contains articles headlined "Medicinal pot suffers setback; Local users unlikely to face arrest, say Colorado prosecutors"; "Pot users see ruling as restraint on liberties"; and "Congress unlikely to step in; Chances for Udall's bill to let states rule deemed 'none, zero.'" The Houston Chronicle reports that "Ruling deals setback to marijuana medical use; Justices say users are still subject to federal prosecution." The Arizona Republic reports that "Court snuffs medicinal pot; Federal law prevails over Ariz., 11 other states." The Oregonian reports that "Court rejects medical pot laws; U.S. justices rule that patients who use marijuana risk federal prosecution, but it's unclear if drug agents will pursue them." The Salem (Ore.) Statesman Journal reports that "Impact of medical-marijuana ruling on Oregon unclear." The Seattle Post-Intelligencer reports that "High court deals blow to medical marijuana; Users can be prosecuted under federal drug laws." The Anchorage Daily News reports that "For Alaska, marijuana situation status quo, officials indicate." The Toronto Globe and Mail reports that "Top court lets U.S. ban medicinal pot; Sick people who use marijuana for pain no longer protected by state law, judges say." "At long last, Owen takes federal oath; After four years at center of debate, judge is sworn in surrounded by family and friends": This article appears today in The Houston Chronicle. The Fort Worth Star-Telegram reports today that "Owen joins court, offers thanks to supporters." The San Antonio Express-News reports that "After a long wait, Owen is sworn in." And The Daily Texan reports that "With Senate filibuster lifted, Owen sworn in to appeals court; Gov. Perry praises Owen for 'lesson in civility.'"  
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