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Thursday, June 30, 2005 "Judge Blocks New S.D. Abortion Law": The Associated Press provides this report. Posted at 11:22 PM by Howard Bashman Decalogue blog: From Georgia, The Athens Banner-Herald today contains an article headlined "No decision yet on Barrow display; Ten Commandments suit" and an editorial entitled "Barrow should give up fight for commandments." The Gwinnett Daily Post reports today that "Barrow commission to hold meeting on Commandments." And The Associated Press reports that "Commissioners delay action on Commandments display." From Indiana, in The Indianapolis Star, columnist Ruth Holladay has an op-ed entitled "Commandments issue is a monumental mess." From Pennsylvania, The York Daily Record contains an article headlined "Is Hanover's monument safe? A Supreme Court ruling seems to protect the Ten Commandments display." And in The Philadelphia Inquirer, Jane Eisner has an op-ed entitled "The court's delicate dance between church and state." From South Dakota, The Associated Press provides a report headlined "State's attorney: Ten Commandments statue legal in Watertown." From Texas, in The Fort Worth Star-Telegram, columnist Linda Campbell has an op-ed entitled "Supremely confusing: The Founders' thought." Finally for now, from Wisconsin, The Milwaukee Journal Sentinel on Friday will contain an editorial entitled "Thou shalt not split hairs." "Republican Lawmakers Fire Back at Judiciary": Friday's edition of The New York Times will contain an article that begins, "Stepping up their assault on the federal judiciary, Congressional Republicans announced efforts on Thursday directed at overturning two recent Supreme Court decisions, one that allowed government to claim private property for economic development and another that stripped Kentucky courthouses of the Ten Commandments." And Friday's issue of The Washington Post will contain a front page article headlined "House Votes To Undercut 5-4 Ruling On Property; Federal Funds Tied To Eminent Domain." In news from Kansas: The Lawrence Journal-World today contains an article headlined "School finance plan OK'd on one condition; House makes funding contingent on amendment limiting court power" that begins, "Kansas schools would get more funding under a bill advanced Wednesday in the House, but only if the Legislature adopts a constitutional amendment prohibiting the Kansas Supreme Court from ordering lawmakers to increase school funding." And The Topeka Capital-Journal today contains articles headlined "Change in constitution key to ending deadlock; GOP needs House Democrats' help to pass change"; "'What if' scenarios abundant for court"; and "Two-step, Kansas style; House OKs school bill, tied to limit on courts." "Time Inc. to Yield Files on Sources, Relenting to U.S." Adam Liptak will have this article Friday in The New York Times. Tomorrow's issue of that newspaper will also contain a related article headlined "Top Editor at Time Inc. Made the Decision His Own." "Victims of '86 Flood Finally Get Payday; After a 19-year battle, the state agrees to pay $428 million to 3,000 people who suffered losses when a Yuba River levee broke": This article appears today in The Los Angeles Times. Posted at 10:20 PM by Howard Bashman "Judge orders federal takeover of state prison health care system": Claire Cooper, legal affairs writer for The Sacramento Bee, has a news update that begins "A federal judge on Thursday placed himself in charge of California's troubled prison health care system, saying he was driven to act by 'stunning testimony' that medical malpractice or negligence has been causing, on average, one death each week." The San Francisco Chronicle provides a news update headlined "Judge orders takeover of state's prison health care system." And The Los Angeles Times provides a news update headlined "California Loses Control of Prison Healthcare." Available online from law.com: Jeff Chorney reports that "For 9th Circuit: Lots of Scrutiny and 9-0 Reversals by High Court." Marcia Coyle has an article headlined "Supreme Court's Takings Hat Trick: In three cases, justices deny challenges." In other news, "2nd Circuit Rejects Infringement Claim Triggered by 'Pop-Up' Internet Ads." And an article reports that "California High Court Leaves Domestic Partners Ruling Intact." "The U.S. Supreme Court's Holding in Kelo v. City of New London: An Interview that Reveals an Insider's Perspective." FindLaw commentator John W. Dean's column, bearing tomorrow's date, consists of an interview with Institute for Justice attorney Dana Berliner. Posted at 09:08 PM by Howard Bashman "Great Falls prayer battle garners support of town; Wynne says she's getting silent treatment after court ruling": This article appears today in The Herald of Rock Hill, South Carolina. Who would have predicted that a Wiccan whose lawsuit forced her town's council to stop invoking Jesus Christ's name in its invocations would receive the cold shoulder from other townfolk? Posted at 09:02 PM by Howard Bashman "Supremely Inconsistent: The Supreme Court can't make up its mind about the moral capacities of kids." David L. Tubbs has this essay today at National Review Online. Posted at 09:00 PM by Howard Bashman Even one more reason not to leave your infant seemingly unattended on a Manhattan street while you are dining inside an adjacent restaurant: As this ruling that the U.S. Court of Appeals for the Second Circuit issued yesterday demonstrates, doing so could give rise to seemingly complex questions of appellate jurisdiction. CNN.com reported on the international incident at the heart of this litigation here and here. Posted at 07:25 PM by Howard Bashman "Time Inc. Decides to Hand Over Notes of Reporter Facing Prison": Adam Liptak of The New York Times provides this news update. Posted at 06:08 PM by Howard Bashman "'Time' Will Yield Reporter's Notes to Grand Jury": This segment (RealPlayer required) appeared on this evening's broadcast of NPR's "All Things Considered." Posted at 06:04 PM by Howard Bashman "House lashes out at high court's property ruling": Thomas Ferraro of Reuters reports here that "The Republican-led U.S. House of Representatives, a frequent critic of the federal judiciary, lashed out at the U.S. Supreme Court on Thursday in voting to limit a recent ruling that curbed property rights. On a largely party-line vote of 231-189, the House approved legislation that would ban use of certain federal funds to upgrade private property seized under last week's Supreme Court ruling." And Jesse J. Holland of The Associated Press reports that "Congress Working on Property-Seizure Bills." In case you're looking for evidence that Chief Justice William H. Rehnquist retired yesterday: Yesterday was the first day this week that "The Supreme Court Nomination Blog" failed to report that Chief Justice Rehnquist hadn't retired (cf. here and here). Proving that, sometimes, the dog that didn't bark doesn't even bother to show up. Posted at 05:45 PM by Howard Bashman "Breyer Restraint: The Court's eminent domain and Ten Commandments decisions were practical and farsighted." This editorial (pass-through link) will appear in the July 11, 2005 issue of The New Republic. Posted at 05:28 PM by Howard Bashman Are Halloween costumes eligible for copyright protection under federal law? The U.S. Court of Appeals for the Second Circuit tackles that frightful question in this opinion issued today. Posted at 05:10 PM by Howard Bashman "Prosecutor to seek new trial against Richey": LimaOhio.com provides this news update on a matter I mentioned here earlier today. Posted at 04:50 PM by Howard Bashman "A Heap of Precedents: Slippery slopes, stare decisis, and popular opinion." Online at Reason today, Julian Sanchez has an essay that begins, "Last week, on the heels of the decision in Raich vs. Gonzales giving federal drug laws precedence over a California medical marijuana statute, the Supreme Court ruled in Kelo v. New London that a home owner has no rights that a city planner is bound to respect." Posted at 04:44 PM by Howard Bashman "Groups Seek Backing of Judicial Nominees": The Associated Press provides a report that begins, "Conservative groups pressed Thursday for the confirmation of the only two of President Bush's appellate court judicial nominees excluded from a Senate agreement on the filibuster." Posted at 04:40 PM by Howard Bashman "Patent Lawyers Push Whyte for Circuit": The Recorder of of San Francisco, California today contains an article that begins, "Members of the patent bar are lobbying to get U.S. District Judge Ronald Whyte of San Jose appointed to the next opening on the Federal Circuit U.S. Court of Appeals, which has nationwide jurisdiction over patents, international trade and government contracts." Posted at 03:25 PM by Howard Bashman "Time Inc. to comply with Plame inquiry; N.Y. Times says it is 'deeply disappointed' in decision": MarketWatch provides this report. Today's broadcast of NPR's "Day to Day" contained a segment entitled "Reporter's Notes Surrendered in CIA Outing Case" (RealPlayer required). And yesterday evening's telecast of the PBS program "The NewsHour with Jim Lehrer" contained a segment entitled "Journalists and the Law" (transcript with links to audio and video). "Rehnquist's court, but liberals gain; The just-finished term yielded a string of rulings that set back conservatives": Warren Richey will have this article in Friday's edition of The Christian Science Monitor. The July 2, 2005 issue of The Economist contains an article headlined "Rehnquist's legacy: Amid rumours that the chief justice is to retire, conservatives and liberals are arming for a stupendous fight." The U.S. Department of State has issued a report headlined "U.S. Supreme Court Completes 2004-2005 Term; Justices rule on separation of church and state, death penalty, jail sentences." And yesterday, the American Enterprise Institute hosted its "Fifth Annual Supreme Court Review." You can view the event online by clicking here (Windows Media format). "Supreme Court Narrowly Protects Key Civil Rights and Liberties in 2004-2005 Term; Large number of 5-4 rulings underscores importance of future justices": People For the American Way issued this press release today announcing the publication of its analysis of the Court's non-criminal cases decided this Term. Posted at 12:23 PM by Howard Bashman "Graham denies interest in Supreme Court seat": The Greenville News today contains an article that begins, "Whether President Bush nominates U.S. Sen. Lindsey Graham for the Supreme Court or not, the mention of his name as a possible candidate raises his profile in the selection of the next justice, experts said Wednesday." Posted at 12:10 PM by Howard Bashman "Court sides with Seattle Times in JOA dispute": The Seattle Post-Intelligencer provides a news update that begins, "Washington's highest court this morning sided with The Seattle Times Co. in its dispute with the Seattle Post-Intelligencer's owner, ruling that The Times can count financial losses incurred during a strike toward those needed to end the business agreement under which the papers have been published for the past two decades." And The Seattle Times offers a news update headlined "State Supreme Court rules for Seattle Times in JOA dispute." You can access today's unanimous ruling of the Washington State Supreme Court at this link. Two western appellate courts deal setbacks to judicially-ordered banishments of murderers: The Seattle Times reports today that "Court disallows banishing of murderer." You can access yesterday's ruling of the Court of Appeals Division II of the State of Washington at this link. And from Montana, The Associated Press reports that "High court says murderer can't be banished from county." You can access Wednesday's ruling of the Supreme Court of Montana at this link. "Ruling gives lift to appeal in Inland murder case; The U.S. Supreme Court has made it easier to sustain a racial-bias claim in the dismissal of a juror": This article appears today in The Press-Enterprise of Riverside, California. Posted at 11:55 AM by Howard Bashman In news from Australia: Friday's edition of The Age of Melbourne contains articles headlined "The frontyard abortion: The abortion of a 32-week-old foetus has provoked a bitter clash over the ethics of late-term termination and a patient's claims on privacy; It's far from finished" and "Senator rejects abortion fear." Posted at 11:50 AM by Howard Bashman "In Rhode Island, Uncertainty About Medical Marijuana Law": This article appears today in The New York Times. Posted at 11:45 AM by Howard Bashman "Web service price war seen despite ruling": The Chicago Tribune today contains an article that begins, "Despite fears of a price hike for high-speed Internet service in the wake of a Supreme Court ruling this week siding with cable companies, experts say the opposite is more likely." Posted at 11:44 AM by Howard Bashman "Goff's bid for retrial stands; Court refuses to hear prosecutors' appeal in case of man who impregnated stepdaughter with syringe": This article appears today in The Akron Beacon Journal. Posted at 11:40 AM by Howard Bashman "Souter plan draws smirks, smiles in Weare": The Manchester Union Leader today contains an article that begins, "Even as late as yesterday afternoon, residents here were scratching their heads over the commotion a one-page fax from thousands of miles away had caused Tuesday." Posted at 11:35 AM by Howard Bashman "Judge: No right to hunt clay pigeons; A Nelson County judge rules that Constitution doesn't extend to target shooting." The Roanoke Times today contains an article that begins, "A Nelson County judge shot down the argument Wednesday that shooting at clay pigeons falls under Virginians' constitutional right to hunt. In what is believed to be the nation's first ruling in a right-to-hunt case, Circuit Judge Michael Gamble upheld the county board of supervisors' denial of a conditional use permit for a shotgun sports center at Orion Estate, an exclusive hunting preserve." You can access yesterday's ruling by a Virginia state trial court at this link. "Abortion law ruling expected today": From South Dakota, The Associated Press reports here that "U.S. District Judge Karen Schreier said she will rule by the end of the day Thursday whether to prevent a new state law on abortions from taking effect Friday." Posted at 11:22 AM by Howard Bashman "Ruling Thursday on papers' JOA; State high court's decision to shape dispute's direction": The Seattle Post-Intelligencer today contains an article that begins, "The dispute between the owners of Seattle's daily newspapers could reach a pivotal moment Thursday with an expected ruling from Washington's highest court on a central issue in their 26-month- old lawsuit. The opinion from the state Supreme Court may not end the legal fight between the owners of The Seattle Times and the Seattle Post-Intelligencer. But the ruling, focusing on a disputed contract clause, will shape the direction of the conflict -- potentially determining the fate of both papers." Posted at 11:12 AM by Howard Bashman "Activist Tries a Grab for Jurist's Property; A foe of the high court's eminent domain ruling wants to apply it to seize David H. Souter's home": This article appears today in The Los Angeles Times. Posted at 11:05 AM by Howard Bashman "Your home can be Pfizer's castle": Today in The San Francisco Chronicle, columnist Debra J. Saunders has an op-ed that begins, "Americans who want to keep government out of the bedroom, beware." Posted at 10:50 AM by Howard Bashman "'Death row' Briton faces decision; A Scot who has spent 18 years on death row in the United States for killing a two-year-old child is to learn whether he is to be released or retried": BBC News provides this report, along with a related item headlined "Kenny Richey: Serving time." You can access at this link the ruling of the U.S. Court of Appeals for the Sixth Circuit in this case. Posted at 10:40 AM by Howard Bashman "Green guilty on single charge of mail fraud; Prosecutors ponder whether to retry him on other counts": The Times-Picayune of New Orleans today contains an article that begins, "State Judge Alan Green, the only defendant who chose to go to trial to fight racketeering charges stemming from a federal probe of Jefferson Parish Courthouse corruption, was convicted Wednesday of mail fraud involving two $5,000 cash payments he took from Bail Bonds Unlimited." Posted at 10:35 AM by Howard Bashman "Senate minority chief offers his court picks": This article appeared yesterday in The Sacramento Bee. Posted at 09:48 AM by Howard Bashman "State's domestic partner law survives a legal challenge": Bob Egelko has this article today in The San Francisco Chronicle. And The Los Angeles Times reports today that "State Justices Won't Hear Challenge to Partners Law." "Time Magazine to Hand Over Reporter Notes": The Associated Press provides a report that begins, "Time Inc. said Thursday it would comply with a court order to deliver the notes of a reporter threatened with jail in the investigation of the leak of an undercover CIA officer's name." Update: Now available online is the "Time Inc. Statement on Handing Over Documents." "Supreme Court notebook: Is Friday a good day to retire?" The Associated Press provides this report. Posted at 08:58 AM by Howard Bashman "Girls Gone Wild" and State Farm v. Campbell: The Virginian-Pilot today contains an article headlined "Beach woman wins lawsuit against 'Girls Gone Wild'" that begins, "A jury on Wednesday ordered the company that produces the 'Girls Gone Wild' videos to pay $60,150 for filming and using the image of a Virginia Beach woman without her written consent. The jury ordered Mantra Films Inc. to pay $150 in compensatory damages and $60,000 in punitive damages." (Via "Obscure Store.") Posted at 08:44 AM by Howard Bashman "2nd Circuit Reverses $248 Million Cayuga Award": law.com provides this report. Additional press coverage can be found in this post at "Overlawyered." Posted at 08:38 AM by Howard Bashman "Judge Warns Reporters They Face Jail in a Week": In today's edition of The New York Times, Adam Liptak has an article that begins, "With mounting frustration and a hint of anger, a federal judge said at a hearing Wednesday that he would send two reporters to jail in one week if they did not agree to testify before a grand jury about their confidential sources in the meantime. Lawyers for the reporters, Judith Miller of The New York Times and Matthew Cooper of Time magazine, said their clients would accept jail time rather than testify. The judge, Thomas F. Hogan of Federal District Court here, added that he would also impose very large fines against Time Inc., in an effort to force the company to obey a court order directing it to turn over documents in the investigation." In other coverage, The Los Angeles Times reports today that "Reporters Get 1 Week to Name Sources; A federal judge says he'll then jail journalists for Time magazine and the New York Times." And The Washington Post reports that "2 Reporters in Leak Case Given 48 Hours to Argue Against Jailing." Yesterday, the U.S. District Court for the District of Columbia posted online court filings it received from lawyers for the reporters and the federal government. "The High Court, Between the Lines": Today in The Los Angeles Times, CBS News legal analyst Andrew Cohen has an op-ed that begins, "There are memorable Supreme Court terms and then there are Supreme Court terms like the one we have just witnessed." Posted at 07:14 AM by Howard Bashman "Friendly Pa. senators at odds in stem cell debate; Never wanting to fault the other, GOP's Specter, Santorum now face bitter fight": This article appears today in USA Today. Posted at 07:10 AM by Howard Bashman Modest Mouse thanks Justice David H. Souter for the mention; "He can live in our tour bus if his house is seized for commercial redevelopment," band's leader says: Inexplicably, none of the matters discussed in the heading to this post merited mention in this review, published today in The Chicago Sun-Times, of the band's performance Tuesday night. Posted at 06:55 AM by Howard Bashman "Bridge ladies will show all their cards to save courthouse": The Star Press of Muncie, Indiana today contains an article that begins, "Call them the Courthouse Girls. Seven women - with a combined age of 590 years - will bare it all in an effort to raise money and continue the fight to save the Randolph County Courthouse." In case you'd like to purchase a calendar featuring nude women whose average age is 84 to raise money for courthouse restoration, the article provides ordering instructions. A photograph of the courthouse can be viewed here, while earlier press coverage of this matter can be accessed here, here, and here. "It's Not the Heat, It's the Uncertainty; Washington's staffers and activists suspend summer vacation plans, anxiously awaiting a Rehnquist retirement that has yet to occur": This article appears today in The Los Angeles Times. The Chicago Tribune today contains an article headlined "Bracing for a nomination battle like no other." And in The Washington Post, Dana Milbank's "Washington Sketch" is headlined "Only Vacancy Is in Supreme Court News." Even more news coverage of Sandra O'Connor's retirement: This article appears today in The Baltimore Sun. I first noted the retirement announcement yesterday in a post that can be accessed here. Posted at 06:24 AM by Howard Bashman  
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