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Tuesday, June 16, 2009 "Senate Lawyers Toil Behind the Scenes in Preparation for Sotomayor Hearings": law.com has this report. Posted at 11:14 PM by Howard Bashman Fourth Circuit denies rehearing en banc of decision affirming conviction for sending obscene textual email: You can access yesterday's order of the U.S. Court of Appeals for the Fourth Circuit denying rehearing en banc, accompanied by a concurring and a dissenting opinion, at this link. In news coverage of yesterday's order, The Associated Press reports that "Appeals court won't hear Richmond obscenity case." My earlier coverage of the divided three-judge panel's ruling appears at this link. "Supreme Court takes up property-rights case; The high court announced Monday it would hear a case involving a Florida beach restoration project": Warren Richey of The Christian Science Monitor has this report. Posted at 10:57 PM by Howard Bashman "Supreme Court rejects final appeal in 'Cuban Five' spy case; The U.S. Supreme Court denied a bid by five convicted Cuban men to hear their Miami spy case, closing the book on their appeal": The Miami Herald contains this article today. And Warren Richey of The Christian Science Monitor reports that "Convicted 'Cuban Five' spies lose bid for new trial; The Supreme Court refused Monday to hear their appeal; Their lawyers had argued they couldn't receive a fair trial in Miami." "High court strikes down Valdez tax on oil tankers; City had imposed it to make up for declining property taxes": This article appears today in The Anchorage Daily News. Posted at 10:52 PM by Howard Bashman "Exxon must pay $480 million in interest over Valdez oil tanker spill; The federal appeals court ruling adds to the $507.5-million punitive damage award to victims of the devastating 1989 accident in Alaska; The firm is also ordered to pay $70 million in court costs": Carol J. Williams has this article today in The Los Angeles Times. And law.com reports that "Exxon Plaintiffs Win on Interest, Appeal Costs." My earlier coverage of yesterday's Ninth Circuit ruling appears at this link. "Western states want reins on federal power; An expanded federal role prompts declarations of state sovereignty; Montana goes further with a gun bill defying U.S. firearm restrictions; The goal: Keep Washington on its side of the fence." This article appears today in The Los Angeles Times. Posted at 10:44 PM by Howard Bashman "Supreme Change: As Sonia Sotomayor Strives for the High Court, Her Childhood Neighborhood No Longer Houses Opportunity." The Washington Post contains this article today. Posted at 10:40 PM by Howard Bashman "CIA Fights Full Disclosure of Detainee Report; White House Urged to Maintain Secrecy": This article will appear Wednesday in The Washington Post. Posted at 10:37 PM by Howard Bashman "Bush-era lawyer could stand trial for penning 'torture memos'; John Yoo can be held responsible for the alleged torture of detainee Jose Padilla, a judge ruled Friday": Warren Richey of The Christian Science Monitor has this report. My earlier coverage of the ruling appears at this link. "Tobacco Regulation Is Expected to Face a Free-Speech Challenge": This article appears today in The New York Times. Posted at 10:30 PM by Howard Bashman "Conflicting Rulings on Guns Open Way to Supreme Court Review": John Schwartz will have this article Wednesday in The New York Times. Posted at 10:20 PM by Howard Bashman In news coverage of yesterday's most noteworthy rulings of the Supreme Court of Georgia: The Ledger-Enquirer of Columbus, Georgia reports today that "Columbus wins Expedia lawsuit; Georgia Supreme Court rules online travel service should pay lodging taxes." And Bill Rankin of The Atlanta Journal-Constitution today has an article headlined "Court: Online travel sites must pay city sales tax." You can access yesterday's ruling in Expedia, Inc. v. City of Columbus at this link. The Atlanta Journal-Constitution also contains a front page article by Rankin headlined "Court throws out ban on exposing children to gays." You can access yesterday's ruling in Mongerson v. Mongerson at this link. Finally, The Augusta Chronicle reports that "Teacher sex case reversed over consent defense; State's highest court rules age of consent an allowable defense." And, in The Atlanta Journal-Constitution, Rankin has an article headlined "Court overturns teacher's sex conviction; Student's reaching age of consent should have been factor in trial." You can access yesterday's ruling in Chase v. State at this link. "Sotomayor answers GOP as Senate braces for debate": The Associated Press has this report. The nominee's supplemental response from late yesterday can be accessed here, while the attachments to the supplemental response can be viewed online via this link. At "The BLT: The Blog of Legal Times," David Ingram has a post titled "Thurgood Marshall Also Called Prejudiced, Leahy Says." And online yesterday at National Journal, Amy Harder had an article headlined "Where Will Obama Turn For The Next Justice? The President Will Again Have To Consider A Complicated Political Calculus." John Roberts (no, not that John Roberts) interviews Anita Hill (yes, that Anita Hill): CNN.com has a report headlined "Anita Hill on Sotomayor: Tough, tenacious." Posted at 02:25 PM by Howard Bashman "Sotto Voce:The Sonia Sotomayor you don't know." Law professor Jeffrey Rosen will have this essay in the July 01, 2009 issue of The New Republic. Posted at 02:20 PM by Howard Bashman A real sleeper of a Ninth Circuit en banc case: Today, the U.S. Court of Appeals for the Ninth Circuit issued an order granting en banc review in the case of United States v. Nevils, No. 06-50485. Back on November 21, 2008, I had the following post about the three-judge panel's divided ruling in the case: Only in the Ninth Circuit? The Metropolitan News-Enterprise today contains an article headlined "Ninth Circuit Reverses Sleeping Felon's Firearm Possession Conviction" that begins, "A divided panel of the Ninth U.S. Circuit Court of Appeals yesterday reversed a man's felon-in-possession-of-firearms conviction because he was asleep when police officers found him on a couch in an abandoned apartment with one gun on his lap and another leaning against his leg."The introduction to Circuit Judge Jay S. Bybee's dissent from the three-judge panel's ruling certainly makes for an interesting read. Posted at 02:15 PM by Howard Bashman Some recently filed appellate briefs: Two Fridays ago, I filed this Brief for Appellees in a case in which the Superior Court of Pennsylvania is being asked to decide whether skill or luck predominates in determining success in the game known as Texas hold 'em poker. In addition, Tom Goldstein, Chris Egleson, and the Akin Gump law firm filed this amicus brief for the Poker Players Alliance in support of appellees. Back in February 2009, The Pittsburgh Tribune-Review reported on the case in an article headlined "High court to play its Texas Hold'em hand." And last week, I signed an amicus brief written by Paul Wolfson, Rachel Brand, and Steve Lehotsky of WilmerHale on behalf of the Institute for Justice filed in the Supreme Court of Pennsylvania in a case presenting the question whether Pennsylvania's Private Road Act is an unconstitutional taking of property for a private purpose in violation of the Pennsylvania Constitution. You can access the Pa. Supreme Court's order granting review at this link, and the ruling of the Pa. Commonwealth Court in the case can be accessed here. "Sotomayor Defends Ties to Association": Charlie Savage and David D. Kirkpatrick have this article today in The New York Times. In addition, Tom Goldstein of "SCOTUSblog" has an op-ed entitled "Her Justice Is Blind." Today in USA Today, John Fritze and Joan Biskupic report that "GOP's Sessions 'troubled' over court nominees; Worries Obama picks are activist judges." The Washington Times reports that "Sotomayor goes on defense against Republican senators." And at Politico.com, Kenneth P. Vogel and Josh Gerstein report that "Sonia Sotomayor defends all-women's group."  
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