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Thursday, June 09, 2005 "Federal panel rejects redistricting plan challenge": The Associated Press reports here that "A three-judge federal panel today rejected legal challenges to the 2003 congressional redistricting plan that resulted in a Republican majority in the Texas delegation in Washington." You can access today's ruling of a three-judge U.S. District Court for the Eastern District of Texas at this link. And Law Professor Rick Hasen offers these thoughts on the ruling at his "Election Law" blog. "The Rehnquist Riddle": Lyle Denniston has this post up at "The Supreme Court Nomination Blog." And Lyle's posting appears to overlook one other factor that could be in play -- namely, that there may be no love lost between the Chief Justice and the Bush Administration as a result of how the Administration treated his daughter. See here, here, and here for details. Posted at 08:25 PM by Howard Bashman "The judgment against Zibtluda is demriffa": If only this adult business zoning ordinance opinion issued today had been written by Eleventh Circuit Judge William H. Pryor, Jr. at a time when he enjoyed life tenure, that's how the opinion surely would have ended. Posted at 08:15 PM by Howard Bashman "Senate OKs Pryor, 2 other judicial nominees": James Kuhnhenn of Knight Ridder Newspapers provides this report. The Associated Press reports that "Senate confirms Griffin, McKeague to 6th Circuit Court of Appeals." You can access their official roll call tallies here and here, respectively. And Bloomberg News reports that "William Pryor Confirmed by Senate to Appeals Court." This evening, the White House issued a press release entitled "President Applauds Senate Confirmation of Pryor, Griffin and McKeague." "Senate Approves Pryor for Appeals Court": Jesse J. Holland of The Associated Press provides this report. Posted at 04:30 PM by Howard Bashman The U.S. Senate is now conducting its up-or-down vote on the nomination of William H. Pryor, Jr. to a lifetime post on the U.S. Court of Appeals for the Eleventh Circuit: The outcome of the vote should be announced in approximately thirty minutes from now. Update at 4:26 p.m.: Judge Pryor has been confirmed to a lifetime post on the Eleventh Circuit by a vote of 53-45. The official roll call tally can be accessed at this link. "Overriding the 'Liberal' 9th Circuit; Congress Aims the Real ID Act at So-Called Activist Judges": Peter Blumberg has this interesting news analysis today in The Daily Journal of California. Posted at 03:15 PM by Howard Bashman Today's federal appellate court nude dancing-related decision: Thanks to the U.S. Court of Appeals for the First Circuit, you can access the ruling here. Posted at 03:05 PM by Howard Bashman Access online the audio of the Ninth Circuit's oral argument in appeal filed by high school student suspended for wearing T-shirt condemning homosexuality: You can download the oral argument audio (Windows Media format) in this interesting case by right-clicking on this link and saving the audio file to your computer. My recent post discussing this case can be accessed here. Posted at 03:00 PM by Howard Bashman "Trial Begins for Daughters of Minn. AG": The Associated Press reports here that "The daughters of Minnesota Attorney General Mike Hatch went on trial Wednesday on charges stemming from a scuffle outside a Chicago nightclub last year. Prosecutors alleged during opening statements that Anne Hatch, 22, and her sister Elizabeth Bell Hatch, 23, attacked police and tried to get special treatment during the fight." In other coverage, The Chicago Tribune reports today that "Nightclub aides tell of sisters' behavior." And yesterday, the newspaper reported that "Hatch sisters' case steals spotlight in Chicago court." Today The Chicago Sun-Times contains an article headlined "'You could hear the smack' that officer got, guard testifies." And yesterday, the newspaper reported that "Official's daughters battle cop-fight charges." The Minneapolis Star Tribune offers articles headlined "A trial of 2 tales emerging in Hatch sisters' case"; "Hatch daughters' trial opens"; "Hatch daughters go on trial in Chicago"; and "Hatch's daughters get a day in court." Finally, The St. Paul Pioneer Press yesterday reported that "Hatch daughters' trial set to begin." His acting days are over: Congratulations to Solicitor General Paul D. Clement, whom the U.S. Senate confirmed to that post by voice vote yesterday. Posted at 01:50 PM by Howard Bashman The attorney-client privilege and internet-based solicitations for clients: Circuit Judge Andrew J. Kleinfeld, on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit, issued this interesting decision today. Posted at 01:44 PM by Howard Bashman "Neb. AG Wants Gay Marriage Ban Restored": The Associated Press reports here that "Nebraska's attorney general filed an appeal Thursday aimed at restoring the state's broad ban on gay marriage. Attorney General Jon Bruning's appeal will be heard by the St. Louis-based 8th U.S. Circuit Court of Appeals." Posted at 01:40 PM by Howard Bashman "Media companies look for ownership resolution": Reuters provides this report. Posted at 12:05 PM by Howard Bashman Criminal trial of law professor charged with aggravated assault with a deadly weapon for having used her automobile to strike a lawyer on a bicycle begins in Dallas: The Dallas Morning News today contains an article headlined "Officer: SMU prof admitted 'tap'; He says she denied trying to run down bicyclist." Back in July 2004, I first noted this matter in a post titled "Law professor gains first-hand experience in criminal law and torts." "Senate confirms Brown as appeals court judge; One Democrat joins GOP senators in confirming Bush nominee 56-43": Tom Curry, national affairs writer for MSNBC, provides this report. In other coverage, The Sacramento Bee today reports that "2 years later, Brown gets Senate approval." And Claire Cooper, legal affairs writer for that newspaper, reports that "Search for new judge begins; Governor faces a crucial decision in replacing Brown." "Senators Expected to Confirm Pryor": Jesse J. Holland of The Associated Press provides this report. Two other federal appellate court nominees were on the agenda for this morning's executive business meeting of the Senate Judiciary Committee. "Quebec Private Health Insurance Ban Nixed": The Associated Press reports here that "Canada's Supreme Court on Thursday struck down a Quebec law that banned private insurance for services covered under Medicare, a landmark decision that could affect the country's universal health-care system." Canadian Press reports that "Supreme Court strikes down Quebec law banning private health care." You can access today's ruling of the Supreme Court of Canada at this link. "The Ninth Circuit's Revenge: In Gonzales v. Raich, the circuit court won big." Law Professor Randy Barnett has this interesting essay today at National Review Online. (See also Randy's related post here this morning at "The Volokh Conspiracy.") And The New Republic has posted online today an editorial entitled "Joint Venture: The Court's marijuana decision is reason to celebrate; But the three dissenters provide reason to fear." "Ex-topless dancer is elected to the bench": This article appeared yesterday in The Las Vegas Sun. Posted at 10:25 AM by Howard Bashman "Activists Priming for Supreme Court Battle": The Associated Press provides this report, along with a list of "Possible Supreme Court Nominees." Posted at 10:15 AM by Howard Bashman "Court weighs objection to execution procedure": The Tennessean today contains an article that begins, "The Tennessee Supreme Court is weighing whether there is enough risk of unnecessary pain and suffering involved in the state's lethal injection process to change steps and drugs used by an overwhelming majority of other states. Associate deputy attorney general Joe Whalen told the five justices yesterday that the state's death penalty protocol is sound, a point challenged by lawyers for condemned killer Abu-Ali Abdur'Rahman." In other coverage, The Associated Press reports that "Tenn. Weighs Lethal Injection, Suffering." Today at 4 p.m., the U.S. Senate will hold an up-or-down vote on the nomination of William H. Pryor, Jr. to a lifetime seat on the U.S. Court of Appeals for the Eleventh Circuit: See page two of today's Senate Executive Calendar. Yesterday's motion to invoke cloture on the nomination passed by a vote of 67-32. The Senate will debate the nomination when it resumes work at 9:30 a.m. today. You can view the Senate's proceedings live online via C-SPAN2 by clicking here. My round-ups of recent judicial confirmation news coverage can be accessed here and here. "Award Limit in Tobacco Case Sets Off a Strenuous Protest": The New York Times contains this article today. The Los Angeles Times reports today that "Shift in Tobacco Suit Is Assailed; Some Democratic lawmakers demand a probe into possible political meddling." And The Washington Post reports that "Tobacco Witnesses Were Told To Ease Up; Justice Dept. Sought Softened Sanctions." "Gay Rights Battlefields Spread to Public Schools": This article appears today in The New York Times. Posted at 08:40 AM by Howard Bashman "Hearing granted on new trial for Raiders; State's top panel to review ruling that dismissed suit": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "The state Supreme Court agreed Wednesday to decide whether the Oakland Raiders should get a new trial of their $1.2 billion suit that accused the National Football League of forcing the team out of Los Angeles in 1995 by undermining plans for a new stadium." The Los Angeles Times today reports that "Raiders Receive Good News on Legal Front; State Supreme Court to review lower court's dismissal of team's appeal of lawsuit." And David Kravets of The Associated Press reports that "Court to Review Raiders' Lawsuit vs. NFL." "Judicial free speech praised, questioned at forum; Campaign rules changing in state": This article appears today in The Louisville Courier-Journal. Posted at 07:20 AM by Howard Bashman "In Canada, an Outcast Family Finds Support; U.S. Detention of Teen Draws Concern": The Washington Post contains this front page article today. Posted at 07:17 AM by Howard Bashman "Judge's lawyers say paper fake; Hillsborough Circuit Court Judge Gregory Holder is accused of plagiarizing a research paper he wrote in 1998 for a seminar at the MacDill Air Force Base": This article appears today in The St. Petersburg Times. And The Tampa Tribune reports today that "Witnesses Say No Evidence Of Plot To Discredit Holder." "Perdue makes historic pick for high court": Today in The Atlanta Journal-Constitution, Bill Rankin has an article that begins, "Gov. Sonny Perdue named his top legal adviser to the state Supreme Court in the first appointment by a Republican governor to Georgia's highest court in 137 years. Harold D. Melton, 38, becomes the third African-American on the seven-member court." Posted at 07:04 AM by Howard Bashman "Justice Brown confirmed for appeals post; Senate votes 56-43 after partisan fight over California jurist": This article appears today in The San Francisco Chronicle. The San Jose Mercury News today contains articles headlined "Some see controversial D.C. judge on path to high court" and "Key judicial choice awaits governor; 'Timely' action vowed on high court opening." The Los Angeles Times reports that "Senate Approves Brown; The California justice is confirmed to the D.C. appeals court after nearly two years; Schwarzenegger will pick her replacement." The New York Times contains an article headlined "Latest Confirmed Nominee Sees Slavery in Liberalism" that begins, "Janice Rogers Brown, the African-American daughter of Alabama sharecroppers who was confirmed Wednesday to the federal appeals court here, often invokes slavery in describing what she sees as the perils of liberalism." In USA Today, Kathy Kiely and Joan Biskupic have an article headlined "Senate confirms Brown for U.S. court." The Washington Times reports that "Senate OKs Brown for judgeship." The Houston Chronicle reports that "Race underscores vote on Brown; GOP senators wooing minorities; Democrats worry about her record." The Atlanta Journal-Constitution reports that "Senate confirms controversial jurist Brown." Newsday reports that "After delay, judge wins confirmation." The Pittsburgh Post-Gazette reports that "2nd Bush court pick is approved." The Montgomery (Ala.) Advertiser reports that "Brown OK'd; Pryor vote next." In The Boston Globe, Charlie Savage and Rick Klein have an article headlined "Senate weighs 3d controversial pick for bench; Ethics allegations likely in Pryor fight." And The Birmingham News contains an article headlined "Senate gives up; Pryor vote due today" and an editorial entitled "Ugly, false rhetoric spews to the end."  
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