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Thursday, August 17, 2006 "Petition For Cert Filed In Establishment Clause Standing Case": As noted in this post at the "Religion Clause" blog, the federal government has filed a petition for writ of certiorari in Grace v. Freedom from Religion Foundation, Inc. seeking review of the Seventh Circuit's ruling in that case. My coverage of that ruling and the order denying rehearing en banc can be accessed here and here, respectively. Posted at 11:08 PM by Howard Bashman "Big Tobacco Lied to Public, Judge Finds' Industry Escapes Huge Penalties, but Ordered to Correct False Advertising": This front page article will appear Friday in The Washington Post. And The New York Times on Friday will report that "New Limits Set Over Marketing for Cigarettes." "The 'Bloggership' audio": Ann Althouse writes here today that "I'm only noticing just now * * * that the audio of my panel at the Harvard 'Bloggership' conference is available on line. " Since I was on the same panel as Ann, that's my panel too. You can download the 40MB mp3 file via this link. Posted at 10:50 PM by Howard Bashman "Election Law at the High Court: Big Cases Leave Little Footprints." Law Professor Edward B. Foley has this essay at law.com. Posted at 10:44 PM by Howard Bashman "NSA Surveillance and the First Amendment": Daniel J. Solove has this post at "Concurring Opinions." Posted at 10:40 PM by Howard Bashman "Arrest in Ramsey Case Presents More Questions": According to an article that will appear Friday in The New York Times, "But by day’s end, it remained unclear whether Mr. Karr’s confession was genuine or the product of a troubled, attention-seeking man who had already exhibited a fervent fascination in the sexual abuse of children in general, and in the death of JonBenet Ramsey in particular." Posted at 10:38 PM by Howard Bashman "U.S. Judge Finds Wiretap Actions Violate the Law": Adam Liptak and Eric Lichtblau will have this article Friday in The New York Times. The Washington Post on Friday will have a front page article headlined "Judge Rules Against Wiretaps; NSA Program Called Unconstitutional." And McClatchy Newspapers report that "Judge strikes down the warrantless eavesdropping program." Available online from National Public Radio: Today's broadcast of "All Things Considered" contained audio segments entitled "Bush's Wiretaps Ruled Unconstitutional" and "Cigarette Makers: They Deceived the Public for Years." And today's broadcast of "Day to Day" contained an audio segment entitled "Warrantless Eavesdropping Ruled Unconstitutional" featuring Nina Totenberg. RealPlayer is required to launch these audio segments. Tenth Circuit rejects legal challenge to the Food and Drug Administration's regulation banning Ephedra sales in the United States: You can access today's ruling at this link. More background on Ephedra can be accessed here via the National Institutes of Health. In early press coverage, The Salt Lake Tribune provides a news update headlined "Federal appeals court upholds ban on ephedra; ruling reverses Utah judge." "A jury returned a nearly $9 million judgment against Ford Motor Company for injuries sustained by Barry William Muth Sr. while traveling in a 1996, four-door Ford Crown Victoria." So begins an opinion that a unanimous three-judge panel of the U.S. Court of Appeals for the Fifth Circuit issued today. Today's ruling affirms that judgment, arising from an automobile accident that occurred in Riyadh, Saudi Arabia. Because the appeal was not heard in the Sixth Circuit, no Saudi-born appellate judges were on the panel. Posted at 09:00 PM by Howard Bashman "Snakes In A Ballpark (Friday, Lakewood BlueClaws, South Atlantic League)": In response to this post from earlier today noting that tomorrow night my son and I will be attending the home game of the Phillies single-A affiliate, the Lakewood BlueClaws, a reader emails to note that tomorrow night's Blue Claws promotion is titled "Snakes In A Ballpark." As described further here, "On Friday, the much-anticipated suspense-comedy Snakes on a Plane will finally be released to an eager movie-going public. The film stars Samuel L. Jackson and will focus on his heroic attempt to rid an airplane of its unfortunate snake infestation. The BlueClaws have decided to capitalize on this historic pop culture moment and are offering fans the opportunity to interact with real live snakes on the day the movie comes out. Anacondas, pythons and more will be on display at FirstEnergy Ballpark, and fans are invited to touch and take pictures of the slithery reptiles." The official home page of the movie is at this link. (Via "Deadspin"). "Businesses Sit Out Fight Over Splitting the 9th Circuit": Lawrence Hurley has this article today in The Daily Journal of California. Posted at 08:28 PM by Howard Bashman "Detroit judge rules Bush spying program unconstitutional": The Detroit News provides this update. The Detroit Free Press provides a news update headlined "Bush surveillance program violates Constitution, judge rules." Henry Weinstein of The Los Angeles Times provides a news update headlined "Judge Orders Halt to Domestic Spying." The Associated Press reports that "Judge Nixes Warrantless Surveillance." Reuters reports that "Court rules secret wiretaps violate rights." Bloomberg News reports that "Judge Bars Warrantless Anti-Terrorism Surveillance." And at "SCOTUSblog," Lyle Denniston has a post titled "NSA program struck down by judge." At "The Volokh Conspiracy," Eugene Volokh has a series of posts about the ruling that you can access via this link, and Orin Kerr is threatening to post there about the ruling in the very near future. Also, at "Balkinization," Jack Balkin offers these thoughts. Both the opinion and injunctive order that U.S. District Judge Anna Diggs Taylor of the Eastern District of Michigan issued today are available online. Earlier this month, as I previously noted here, The Detroit Free Press published a profile of Judge Taylor headlined "Judge could alter war on terror; Taylor is to rule soon in spying case." "Judge: Tobacco Firms Deceived Smokers." The Associated Press provides a report that begins, "A federal judge ruled Thursday that the nation's top cigarette makers violated racketeering laws, deceiving the public for years about the health hazards of smoking." Reuters reports that "Tobacco firms avoid stiff damages in U.S. case." And Bloomberg News reports that "Cigarette Makers Lose in U.S. Racketeering Lawsuit." Fortunately, today's ruling by U.S. District Judge Gladys Kessler of the U.S. District Court for the District of Columbia is a mere 1653 pages in length (along with 89 other pages of exhibits and such), so there's no reason why you shouldn't hurry to read the whole thing for yourself. Even if you only read one page per day, you can still finish the opinion in just over four and a half years from now. The final judgment and remedial order, by contrast, clock in at a mere eighteen pages. New York Mets 7, Philadelphia Phillies 2: A series sweep for the Phillies was not meant to be, and so the Phillies will have to settle for having taken three out of four games in the most recent series against the division-leading Mets. One bit of good news for the Phillies -- the Cincinnati Reds also lost today, so the Phillies remain only two and a half games behind in the race for the wild card. You can access the box score of today's game at this link, while wraps are available here and here. On deck tomorrow night for me and my son -- a trip to see the Lakewood BlueClaws, a single A affiliate of the Phillies. Programming note: I have an out-of-the-office event to attend this afternoon. Thankfully I'm not a trial court judge (see here and here). Additional posts will appear later today. Posted at 10:35 AM by Howard Bashman "Woman reluctantly returned to jail; Judge says lawyers in her murder trial failed in their defense but says other rulings tied his hands": This article appears today in The Detroit News. And The Detroit Free Press reports today that "Reluctant judge orders woman convicted of murder back to prison." "County deciding where to appeal Bible display case; Plaintiff's lawyer says the verdict to stand, whatever court is selected": The Houston Chronicle contains this article today. My earlier coverage appears here and here. Posted at 09:55 AM by Howard Bashman "Boyle can't be Bush recess appointment": This news brief appears today in The Raleigh News & Observer. I believe the headline is incorrect in stating that U.S. District Judge Terrence W. Boyle cannot be recess appointed to the Fourth Circuit merely because the U.S. Senate has returned his nomination to the White House, although the nomination's return may deny to Judge Boyle any financial compensation for serving as a recess appointee. Also, there is no indication that Judge Boyle is willing to give up his current life-tenured post as a U.S. District Judge for a recess appointment to the Fourth Circuit that is guaranteed to expire in the absence of Senate confirmation. On today's broadcast of NPR's "Morning Edition": The broadcast contained audio segments entitled "Judge Orders Medical Supervision for Executions" and "On the Trail of Former Death Row Inmates" (RealPlayer required). Posted at 09:45 AM by Howard Bashman "Court rules against MHSAA; Another appeal possible in fight over girls sports scheduling": This article appears today in The Detroit Free Press. The Detroit News today contains an article headlined "Court: Seasons penalize girls; MHSAA officials say they'll continue to appeal decision and there will be no changes in schedules for 2006-07." And The Grand Rapids Press reports today that "Another appeal likely over girls sports." My earlier coverage appears at this link. "Disorder in Courthouses Poses a Trial; Aging, cramped buildings with balky elevators and bad plumbing often slow the wheels of justice in Los Angeles": The Los Angeles Times today contains an article that begins, "As wind whipped through her hair and sirens blared in the background, Judge Carolyn B. Kuhl put on her black robe Wednesday, squinted in the afternoon sun and called her court to order right at Commonwealth and 6th streets." Had Judge Kuhl been confirmed to the Ninth Circuit, she likely would have missed out on the enjoyment of conducting court on the street corner. "Court Ruling Prompts Ban on Groups Sending Fliers Home With Students": The Washington Post contains this article today. My earlier coverage appears at this link. "Lawyers Try to Expunge Lay Verdict; Recovery of Assets Thrown in Doubt": This article appears today in The Washington Post. And The Houston Chronicle reports today that "Motion for Lay to be opposed; Government still wants assets based on verdict." "Mo. Plans Appeal in Inmate Abortion Case": The Associated Press provides this report. My earlier coverage appears here. Posted at 07:10 AM by Howard Bashman "Black Jack rescinds housing regulation": The St. Louis Post-Dispatch yesterday contained an article that begins, "Fondray Loving, Olivia Shelltrack and their three children are now considered a family by Black Jack officials. The City Council unanimously agreed Tuesday night to change the ordinance that had prevented the unmarried couple from obtaining an occupancy permit for their five-bedroom home, bringing national attention to the north St. Louis County suburb." Posted at 07:05 AM by Howard Bashman "Del. limits on FOIA not legal, court rules; Out-of-staters allowed access to public records": The News Journal of Wilmington, Delaware contains this article today. And The New York Times reports today that "Court Backs Nonresidents’ Right to Obtain Delaware Documents." My earlier coverage appears at this link. "Espionage Acting: The Justice Department is prosecuting lobbyists for what reporters do every day." This editorial (free access) appears today in The Wall Street Journal. Posted at 06:50 AM by Howard Bashman  
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