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Saturday, September 30, 2006 "Clemens, Others Implicated in Banned Drug Case": The Los Angeles Times on Sunday will contain an article that begins, "Roger Clemens, 44, one of professional baseball's most durable and successful pitchers, is among six players accused by a former teammate of using performance-enhancing drugs, The Times has learned. The names had been blacked out in an affidavit filed in federal court. Others whose identities had been concealed include Clemens' fellow Houston Astros pitcher, Andy Pettitte, and former American League Most Valuable Player Miguel Tejada of the Baltimore Orioles." And in other baseball news, the quest of the Philadelphia Phillies for a wild card playoff spot has ended unsuccessfully for this season. "Fair and Balanced? A former New York Times ombudsman says Linda Greenhouse's political comments aren't necessarily a bad thing." Newsweek provides this web exclusive report. Posted at 11:15 PM by Howard Bashman "Justices to Hear Abortion, Integration Cases; 'Partial-Birth' Procedure and Schools' Race Policies to Dominate Court's Agenda": Charles Lane will have this article Sunday in The Washington Post. Posted at 11:14 PM by Howard Bashman "Campaign Cash Mirrors a High Court's Rulings": In Sunday's edition of The New York Times, Adam Liptak and Janet Roberts will have a lengthy article that begins: In the fall of 2004, Terrence O'Donnell, an affable judge with the placid good looks of a small-market news anchor, was running hard to keep his seat on the Ohio Supreme Court. He was also considering two important class-action lawsuits that had been argued many months before.You can also access online two related graphics (here and here);a sidebar written by Liptak headlined "Case Studies: West Virginia and Illinois"; an article explaining "How Information Was Collected"; and a "Response From Ohio Justice Terrence O'Donnell" [PDF document]. Finally, by clicking here, you can watch a short video in which Liptak explains the study and its findings. "4th Circuit nominees wait again; The fates of Boyle and Haynes remain unclear in Senate": The Richmond Times-Dispatch today contains an article that begins, "Two of President Bush's controversial nominations for the Richmond-based appeals court appeared all-but-dead after a Senate panel took no action on them yesterday." Meanwhile, The Associated Press reports that "Bush nominates 3 to federal bench in North Carolina." Interestingly, William L. Osteen, Jr. yesterday was nominated to replace U.S. District Judge William L. Osteen, Sr., who took senior status earlier this year. No word yet on whether William L. Osteen, III exists and, if so, whether we can count on him to someday hold this same federal district court judgeship. (Thanks to "Confirm Them" for the pointer.) "Officials Plan to Move Quickly for Terrorism Trials in Spring": Neil A. Lewis has this article today in The New York Times. And The Los Angeles Times today contains articles headlined "Tribunal Bill Sets Up an Ironic Legal Limbo; Detainees deemed less of a threat might go untried yet be unable to challenge detention" and "Detainee Bill Boosts the GOP; Its passage on President Bush's terms renews public focus on an issue that has been a political winner for Republicans since 9/11." "Legislating Violations of the Constitution": Online today at washingtonpost.com, Law Professor Erwin Chemerinsky has an essay that begins, "With little public attention or even notice, the House of Representatives has passed a bill that undermines enforcement of the First Amendment's separation of church and state." Posted at 01:45 PM by Howard Bashman "Expert: Man executed may have been awake." Claire Cooper, legal affairs writer for The Sacramento Bee, today has this article in that newspaper. Today in The San Francisco Chronicle, Bob Egelko reports that "Prisoner possibly conscious at death; Testimony done; ruling possible in November." In The Los Angeles Times, Henry Weinstein and Maura Dolan report that "Judge Concludes Hearings on Lethal Injection." Also, Colin Dayan has an op-ed entitled "'Cruel and Unusual' Execution Debate; How the 8th Amendment became germane to death penalty law." And in The San Jose Mercury News, Howard Mintz has an article headlined "One court's ruling; many lives at stake." "A federal appeals court has ordered a new hearing to be held in the contempt case against Greg Anderson, Barry Bonds' weight trainer, who was jailed for a second time last month for refusing to answer questions about the baseball slugger." So begins an article published today in The San Francisco Chronicle My earlier coverage appears here. Posted at 01:35 PM by Howard Bashman "Pagans Sue on Emblem for Graves": This article appears today in The New York Times. Posted at 01:33 PM by Howard Bashman "Gay couple from R.I. wins Mass. ruling; Superior Court judge says longtime partners can marry": The Boston Globe contains this article today. The Providence Journal reports today that "Mass. judge says R.I. law doesn't ban gay marriage; While the ruling paves the way for same-sex couples in Rhode Island to marry in Massachusetts, Attorney General Lynch says it doesn't allow for gay marriage in the Ocean State." The New York Times reports that "Rhode Island Couple Wins Same-Sex Marriage Case." And The Washington Times reports that "Judge rules R.I. gays can 'marry.'" You can access yesterday's ruling at this link. "Memo Fueled Deep Rift in Administration on Detainees": This article will appear Sunday in The New York Times. Posted at 01:10 PM by Howard Bashman The Associated Press is reporting: Now available online are articles headlined "Supreme Court Faces Same Divisive Issues" and "Ohio Documents Hours Before Execution." Posted at 01:04 PM by Howard Bashman "U.S. terrorism trials face court challenges": James Vicini of Reuters provides this report. Posted at 01:02 PM by Howard Bashman "What Supreme Court? Many Americans lack basic Supreme Court knowledge." USNews.com provides this report. Posted at 09:25 AM by Howard Bashman The Virginia Law Weekly is reporting: Now available online are articles headlined "SCOTUS Blogger Discusses Supreme Court Practice" and "Leo, Klarman Debate Supreme Court Nominations of Roberts and Alito." In addition, the blog "TJ's Double Play" offers this post comparing and contrasting the two events. "Professor discusses abortion; He explains upcoming cases on procedure to UR law students": The Richmond Times-Dispatch contains this article today. The professor in question is Erwin Chemerinsky. Posted at 09:18 AM by Howard Bashman "Roberts Addresses Judicial Freedom; Political, Judicial Figures Headline Law Center Conference on Courts": This article appeared yesterday in The Georgetown Hoya. My earlier post linking to video from the conference can be accessed here. Posted at 09:15 AM by Howard Bashman Bill Mears of CNN's Washington Bureau is reporting: Now available online are articles headlined "Justice Kennedy works on his swing" and "Supreme Court journal: Getting up close and personal." Posted at 09:10 AM by Howard Bashman "The U.S. Supreme Court so far has filled half of its 2006-2007 docket with business cases, cutting a wide swath across important legal issues for the corporate world." So begins this report from MarketWatch. Posted at 09:08 AM by Howard Bashman Available online from law.com: Tony Mauro reports that "Roberts, Gonzales Speak on Judicial Independence." And the brand new installment of my "On Appeal" column is headlined "How Many Issues Should You Raise on Appeal? Beware the trap of raising too many issues." Friday, September 29, 2006 "Detainee Bill Shifts Power to President": Scott Shane and Adam Liptak will have this news analysis Saturday in The New York Times. Posted at 10:30 PM by Howard Bashman McClatchy Newspapers are reporting: Stephen Henderson has an article headlined "Abortion, race, environment on Supreme Court's agenda." And an article reports that "Detainee law may not provide total immunity for CIA interrogators." Available online from Georgetown University Law Center: A news release headlined "Fair and Independent Courts: A Conference on the State of the Judiciary" begins, "On September 28, Georgetown University Law Center welcomed retired Justice Sandra Day O'Connor, six sitting Supreme Court justices, and hundreds of other nationally recognized leaders in law, government, business, journalism, academia and the nonprofit sector when it hosted and co-sponsored a unique two-day conference that addressed the independence of the nation's courts." You can access the conference program, with links to video of various presentations, at this link. And on Monday of this week, Georgetown Law hosted a program entitled "Georgetown Law Supreme Court Institute Annual Press Briefing" (providing links to video and audio of the briefing). "Military Trials to Affect Few Detainees": The Associated Press provides this report. Posted at 09:10 PM by Howard Bashman On this evening's broadcast of NPR's "All Things Considered": The broadcast contained audio segments entitled "Congress Gives Final OK to Detainee Bill"; "Bill Lets U.S. Citizens Be Held as Enemy Combatants"; and "Mass. Judge: Out-of-State Gay Couple Can Marry" (RealPlayer required). Posted at 09:05 PM by Howard Bashman "The Supreme Court in Bondage: Constitutional Stare Decisis, Legal Formalism, and the Future of Unenumerated Rights." Law Professor Lawrence B. Solum has this essay (abstract with link for download) online at SSRN. Posted at 05:45 PM by Howard Bashman In contempt of court appeal brought by personal trainer for Barry Bonds, U.S. Court of Appeals for the Ninth Circuit concludes that the factual findings and record are in one respect not adequate for appellate review: You can access yesterday's non-precedential ruling at this link. The Ninth Circuit has remanded the case to the federal district court for additional proceedings to be conducted within one week of yesterday. Yesterday's ruling also rejected five other claims that the personal trainer was making on appeal. In related coverage, The Associated Press reports that "Court Grants Feds' Request in Bonds Case." The opening brief for appellant can be accessed at this link. Yesterday's ruling allowed the federal government to file its Brief for Appellee under seal. The PFAW report's "evaluation of judges in light of their supposedly least hospitable decisions strikes me (even as an employee advocate) as reaching for a predestined conclusion. In the interest of balance, let us give some of the same judges credit for their more progressive employment decisions during the same time period studied." At his "Daily Developments in EEO Law" blog, Paul Mollica today has a post responding to the People For the American Way report that I linked to here earlier today. Posted at 04:11 PM by Howard Bashman "Scalia Begins Third Decade on Court": The Associated Press provides this report. Posted at 02:40 PM by Howard Bashman "Accessories to Torture": This editorial will appear in the October 16, 2006 issue of The Nation. Posted at 02:35 PM by Howard Bashman "Michigan judicial nominees clear U.S. Senate committee": The AP provides this report. Posted at 02:22 PM by Howard Bashman The Associated Press is reporting: Now available online are articles headlined "Gonzales Cautions Judges on Interfering" and "Mass. Judge OKs Marriage for R.I. Gays." Posted at 12:54 PM by Howard Bashman "Keep 9th Circuit intact": This editorial appeared yesterday in The Register-Guard of Eugene, Oregon. Posted at 12:15 PM by Howard Bashman An appellate ruling that Tom Sawyer would surely admire: Today, the majority on a divided three-judge panel of the U.S. Court of Appeals for the Eighth Circuit has ruled, in an opinion you can access here, that the Fair Labor Standards Act requires the City of Aberdeen, South Dakota to pay overtime wages to firefighters who are scheduled to work more hours than the FLSA permits an employee to work without receiving overtime pay and who succeed in persuading other employees to work those overtime shifts on their behalf. In other words, if Firefighter A is scheduled to work overtime, but persuades Firefighter B to work those extra hours instead, Firefighter A under today's ruling is nevertheless entitled to recover overtime pay from the City of Aberdeen. Today's opinion explains that "When a substitution occurs, the employer pays the scheduled employee and not the substitute; the amount that the substitute receives is fixed by private agreement between the two employees." Senior Circuit Judge C. Arlen Beam dissents from what he views as an improper whitewashing of the FLSA's plain language. Just how bad are those George W. Bush-appointed appellate judges? PFAW issues an updated report providing its answer to that question: Yesterday, the organization People For the American Way issued a press release entitled "Bush Judges Confirm Opponents' Fears; Report Documents Impact of Bush-Nominated Appeals Court Judges." You can access the newly updated 102-page report, also issued yesterday, at this link. Readers of this blog may recall that on January 23, 2004, I linked here to PFAW's 33-page preliminary report bearing a similar title. "Court Allows Workers to Sue Carpet Plant": The Associated Press provides a report that begins, "A federal appeals court ruled Thursday that one of the world's largest carpet makers can be sued under racketeering laws over allegations of hiring thousands of illegal immigrants and depressing wages." My earlier coverage appears at this link. And, for what it's worth, the ruling in question issued on Wednesday. On today's broadcast of NPR's "Morning Edition": The broadcast contained audio segments entitled "Retired Justice O'Connor Champions Judicial Independence" (featuring Nina Totenberg); "Senate Passes Detainee Rights Bill"; and "Detainee Legislation Gives President New Powers." Real Player is required to launch these audio segments. Posted at 09:23 AM by Howard Bashman "Supreme Court Justices Reflect on Judicial Independence": Tuesday's broadcast of the PBS program "The NewsHour with Jim Lehrer" contained an interview (transcript with links to audio and video) with Justices Stephen G. Breyer and Sandra Day O'Connor. Posted at 08:48 AM by Howard Bashman Not the one who the ABA says is unanimously unqualified to serve on the Fifth Circuit: Liz Smith reports here that "You can see Mike Wallace talking with Supreme Court Justice Ruth Bader Ginsburg on the CBS Sunday Morning show" this upcoming Sunday. Posted at 08:45 AM by Howard Bashman "Bob, bob, bobble along; Baseball stars make good bobbleheads, but you can be one, too": This article appeared Wednesday in The Kansas City Star. And thus we are one step closer to solving the mystery of the John G. Roberts, Jr. bobblehead doll. And early yesterday east coast time, a Justice Antonin Scalia bobblehead doll sold at auction on eBay for $311.00. One year ago today: As The Associated Press notes here, one year ago today John G. Roberts Jr. was sworn in as the 17th Chief Justice of the United States. Both one year ago today and one year ago tomorrow, this blog provided extensive coverage. In somewhat related news, Middlebury College this week issued a news release titled "Chief Justice of the United States John G. Roberts Jr. to speak at Middlebury College Oct. 24." "Q & A with Sandra Day O'Connor": Time.com provides this item. And The Old Gold & Black, the student newspaper of Wake Forest University, reports that "Justice O'Connor speaks at Wait." "Doctor testifies in defense of execution method; Anesthesiologist doubts reports of extended breathing": Bob Egelko has this article today in The San Francisco Chronicle. Today in The San Jose Mercury News, Howard Mintz reports that "Doctor details execution dilemma." And in The Sacramento Bee, legal affairs writer Claire Cooper reports that "Consciousness level key in execution hearing." "House Approves Power for Warrantless Wiretaps": The New York Times contains this article today. And The Los Angeles Times reports today that "House OKs Expanded Wiretap Program; The bill would allow easier monitoring of e-mails and phone records of U.S. citizens during terror probes." "Senate Approves Detainee Bill Backed by Bush; Constitutional Challenges Predicted": This front page article appears today in The Washington Post. The newspaper also contains a news analysis headlined "Many Rights in U.S. Legal System Absent in New Bill." And a related article reports that "Canadian Police Official Apologizes for Mistakes; Errors Led to Torture of Innocent Man." Today in The Los Angeles Times, David G. Savage and Richard Simon report that "Legal Battle Over Detainee Bill Is Likely; The Senate approves Bush's plan for military tribunals; Limits on terror suspects' options for appeal could lead to a Supreme Court ruling." The New York Times reports that "Senate Approves Broad New Rules to Try Detainees." The Chicago Tribune reports that "Tribunal bill OKd by Senate; Bush's legislative victory comes amid concerns." The Boston Globe reports that "Senate's passage of detainee bill gives Bush a win; Democrats say GOP capitulated." And The Washington Times reports that "Senate OKs detainees tribunal bill." "High Tech for High Court: The Supreme Court takes an important step in posting same-day transcripts on the Internet." The Los Angeles Times contains this editorial today. Posted at 08:05 AM by Howard Bashman "Ashcroft Is Denied Immunity in Case": This article appears today in The Washington Post. My earlier coverage is at this link. Posted at 07:58 AM by Howard Bashman "Court Secrecy May Be Reduced; Borden Would Allow Greater Scrutiny": Lynne Tuohy has this article today in The Hartford Courant. Posted at 07:54 AM by Howard Bashman "Lawyer in Terror Case Apologizes for Violating Special Prison Rules": The New York Times today contains an article that begins, "Lynne F. Stewart, the once brashly defiant radical defense lawyer who was convicted in a federal terrorism trial last year, has acknowledged in a personal letter to the court that she knowingly violated prison rules and was careless, overemotional and politically naive in her representation of a terrorist client." Posted at 07:45 AM by Howard Bashman "Term should indicate new justices' influence; Environment, abortion among high court issues": Joan Biskupic has this article today in USA Today. Posted at 07:38 AM by Howard Bashman "Abortion, Race Cases Will Challenge Roberts' Goal of Consensus": law.com's Tony Mauro provides this report. Posted at 07:35 AM by Howard Bashman Thursday, September 28, 2006 "SCOTUS Preview": This audio segment (RealPlayer required) appeared on today's broadcast of the public radio program "Here & Now." Posted at 08:12 PM by Howard Bashman "Man charged with defamation after boss' suicide; Ex-Jefferson staffer routed private e-mails, officials say": This article appears today in The Milwaukee Journal Sentinel. Posted at 08:10 PM by Howard Bashman "Photo Finish: How the Abu Ghraib photos morphed from scandal to law." Dahlia Lithwick has this jurisprudence essay online at Slate. Posted at 08:00 PM by Howard Bashman Available online from National Public Radio: Today's broadcast of "Talk of the Nation" contained an audio segment entitled "A Look Ahead at the Supreme Court Docket." And this evening's broadcast of "All Things Considered" contained audio segments entitled "Senate Votes to Approve Detainee Treatment Bill"; "Details of the Senate's Detainee Bill"; "A New Detainee Bill, and the Fate of Guantanamo"; and "Inmate Questions California's Lethal Injections." RealPlayer is required to launch these audio segments. "Senate OKs Detainee Interrogation Bill": The Associated Press provides this report. You can access the official roll call vote tally by clicking here. "Alabama's Justice Parker responds to O'Connor's criticism in WSJ": The Birmingham Business Journal provides this report. My earlier coverage appears at this link. "Ohio's abortion pill law rejected; Judge: Legislation restricting RU-486 unconstitutional." This article appears today in The Cincinnati Enquirer. I have posted online at this link yesterday's ruling of the U.S. District Court for the Southern District of Ohio. "Pa. Court Says Father Can Teach Polygamy": The AP provides a report that begins, "A father may teach his young daughter about his religious belief in polygamy despite his ex-wife's objections, the Pennsylvania Supreme Court said Thursday." Yesterday's ruling of the Supreme Court of Pennsylvania consists of a majority opinion, a concurring opinion, and a dissenting opinion. The majority opinion begins, "We granted allocatur in this case to consider the extent to which courts can limit parents from advocating religious beliefs that, if acted upon, would constitute criminal conduct." "7-Day Stay Granted in Surveillance Case": The Associated Press provides a report from Detroit that begins, "The federal judge who struck down President Bush's warrantless surveillance program turned aside a government request for an indefinite stay Thursday but said the government could have a week to appeal." Posted at 03:35 PM by Howard Bashman "Seventh Circuit Appears Ready to Ground Retired Pilots' Challenge to United Airline's Confirmation Order": "The Bankruptcy Litigation Blog" offers this post about an appellate oral argument that took place on Tuesday. Posted at 02:55 PM by Howard Bashman "Prison drugs are at issue; Witness at death penalty hearing accuses San Quentin officials of lax oversight of barbiturates": Claire Cooper, legal affairs writer for The Sacramento Bee, today has this article in that newspaper. Earlier today, I collected additional related news coverage at this link. Posted at 02:35 PM by Howard Bashman Ninth Circuit grants rehearing en banc to consider whether RICO claims against Microsoft and Best Buy arising out of the promotion of MSN Internet access service subscriptions at Best Buy stores were properly dismissed: Today's order granting rehearing en banc can be accessed at this link. It appears that rehearing en banc has been granted before the original three-judge panel assigned to decide the case has issued an opinion. The case was originally argued on November 16, 2005 before a panel consisting of Circuit Judges Stephen Reinhardt, William A. Fletcher, and Jay S. Bybee. You can download the audio of that oral argument via this link (Windows Media format). Additional background about the case, now pending as a class action in state court, can be accessed here. "Proposed class representatives of Vietnamese bank depositors seek to recover the dollar value of bank deposits made in Saigon, South Vietnam, before April 1975." So begins an opinion that a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued today. Today's ruling affirms the federal district court's dismissal of the case as time-barred. Posted at 01:35 PM by Howard Bashman "The Roberts Court: One-Year Out." The Wolfson Center for National Affairs at The New School last night hosted a seminar featuring some leading scholars and journalists who cover the U.S. Supreme Court. You can view archived video of the event by clicking here (RealPlayer required). Thanks to WSJ.com's "Law Blog" for the pointer. "Two military lawyers assigned to Gitmo defense seek private counsel": Next week's issue of The National Law Journal will contain an article (free access) by Pamela A. MacLean that begins, "Two military lawyers defending Guantanamo Bay detainees have sought their own private lawyers in a looming ethical fight over the right of detainees to self-representation and to refuse appointed counsel." Posted at 10:44 AM by Howard Bashman "The dispute in this case involves the collection of information regarding internet protocol (IP) addresses and their linkage to universal resource locators (URLs) that facilitate use of the internet." Today, a unanimous three-judge panel of the U.S. Court of Appeals for the Sixth Circuit, in an opinion written by Circuit Judge Martha Craig Daughtrey, affirmed the dismissal of a putative class action challenge brought against Comcast Cable Communications under the Protection of Subscriber Privacy provision of the Cable Communications Policy Act of 1984. Posted at 10:38 AM by Howard Bashman Please hold your applause until all of the appellate attorneys have presented oral argument: The author of the blog "Eminent Domain" has listened to the oral argument audio (available online here in mp3 format) from the Seventh Circuit in the slave reparations lawsuit, and he writes that "My favorite part is halfway through when people in the courtroom start clapping after the plaintiffs' lawyers are finished." The post goes on to describe how the three-judge panel, consisting of Circuit Judges Richard A. Posner, Frank H. Easterbrook, and Daniel A. Manion, reacted to the applause. My earlier coverage of yesterday's oral argument can be accessed here and here. "Woman charged over 'vile' Web stories": The Pittsburgh Post-Gazette today contains an article that begins, "A Donora woman who federal prosecutors say posted fictional stories online about the rape, torture and murder of children was indicted this week on six charges of distributing obscene materials over the Internet. Unlike typical obscenity cases, though, Karen Fletcher, 54, of Meldon Avenue, is charged with violating the law through simple writing, and not with pictures or movies." And The Pittsburgh Tribune-Review reports today that "Woman charged in porn case." At "The Volokh Conspiracy," Eugene Volokh has a post titled "Text as Obscenity." "New U.S. top court term has abortion, race cases": James Vicini of Reuters provides this report. Posted at 08:30 AM by Howard Bashman "New day in court for reparations; Plaintiffs appeal ruling in suit seeking pay for slaves' descendants": The Chicago Tribune contains this article today. And The Chicago Sun-Times reports today that "Court hears appeal of reparations suit; African-American judge recuses self from panel." My earlier coverage appears at this link. "Detainee Bill Now Goes to Senate; The House measure bars torture but not specific techniques; Approval is expected and appears to be part of the GOP's election strategy": This article appears today in The Los Angeles Times, along with an editorial entitled "Don't Suspend Habeas Corpus: Any bill that denies that basic right to detainees should be rejected" and an op-ed by Law Professor Bruce Ackerman entitled "The White House Warden: Congress may give the president the power to lock up almost anyone he thinks is a terror threat." The Boston Globe reports today that "Legal residents' rights curbed in detainee bill." The New York Times reports that "Legislation Advances on Terrorism Trials." And an editorial is entitled "Rushing Off a Cliff." The Washington Post contains a front page article headlined "House Approves Bill on Detainees; 253 to 168 Vote Backs Bush on Prosecution Of Terrorism Suspects." The Washington Times reports that "House approves Bush proposal on tribunals for Gitmo suspects." USA Today reports that "Rules for terror detainees near final passage; House sends bill on interrogations, trials to Senate." And The Hartford Courant reports that "Terror Trial Rules Advance; Bill Creates System To Deal With Detainees." "In court, blogs can come back to dog the writers; Use as evidence increases": The Boston Globe contains this article today. Posted at 08:10 AM by Howard Bashman "Bag on Lawn Leads to Evacuation; Federal Courthouse Emptied While Building Is Searched": This article appears today in The Washington Post. Posted at 08:05 AM by Howard Bashman "State's 'No Child' Lawsuit Still Alive; A Federal Judge Dismisses 3 Of Connecticut's 4 Complaints Against The Law's Cost, But Leaves Room For The Case To Proceed": The Hartford Courant contains this article today. And The New York Times reports today that "Connecticut Lawsuit Is Cut Back." My earlier coverage appears at this link. "As Bonds Finishes Play, Grand Jury Is at Work": This article appears today in The New York Times. Posted at 07:50 AM by Howard Bashman "Sedation May Fail in California Executions, Doctor Testifies; Anesthesiologist testifies that state has flawed lethal injection procedures, poorly trained employees": Maura Dolan and Henry Weinstein have this article today in The Los Angeles Times. Today in The San Francisco Chronicle, Bob Egelko reports that "Doctor describes chaotic handling of executions; Anesthesiologist testifies that methods used on San Quentin's Death Row aren't conducive to prisoner's pain-free death." And in The San Jose Mercury News, Howard Mintz reports that "Witness assails state's methods of lethal injection." "The New Supreme Court Term: Justice Kennedy's Pivotal Role in Abortion and Race Cases." Edward Lazarus has this essay online today at FindLaw. Posted at 06:44 AM by Howard Bashman Wednesday, September 27, 2006 Available online from law.com: An article reports that "Discrimination Case Opens Door to Internet ADA Claims; Judge's ruling moves case forward against Target Corp." My earlier coverage is here. And in other news, "2nd Circuit Rejects Malpractice Suit Against Plaintiffs Firms." "Justices to hear bond case; U.S. Supreme Court agrees to rule on Guam borrowing": This article appears in Thursday's edition of The Pacific Daily News of Guam. Posted at 09:45 PM by Howard Bashman "Judge Rejects Ashcroft's Immunity Claim": The Associated Press provides a report that begins, "Former U.S. Attorney General John Ashcroft could be called to testify in a lawsuit that claims a student was wrongly imprisoned in a computer terrorism case, a federal judge ruled Wednesday." I have posted online at this link today's ruling of the U.S. District Court for the District of Idaho. "Lesbian asks court to grant status as boy's third parent; Case could grant London woman's partner the same rights as child's biological father": This article appears today in The Toronto Globe and Mail. Posted at 09:30 PM by Howard Bashman "The Blind Leading the Willing: A compromise between those who don't care and those who don't want to know." Dahlia Lithwick has this jurisprudence essay online at Slate. Posted at 09:24 PM by Howard Bashman "Judges in blackmail case face dismissal": Thursday's edition of The Times of London contains an article that begins, "Two immigration judges were facing the prospect of dismissal last night after a lurid blackmail trial exposed their love triangle with a Brazilian cleaner who worked illegally for both of them." Thursday's newspaper also contains articles headlined "The judge, the other judge, their cleaner and her hitman husband; The pair's sexual shenanigans are unlikely to prompt an inquiry, but some judges think the judiciary has been tainted"; "Revelations that destroyed two legal reputations"; and "She started by marrying a serial killer." BBC News reports that "Cleaner found guilty of blackmail; A cleaner has been convicted of blackmailing a female judge and stealing intimate videos from her male colleague." Thursday's edition of The Guardian (UK) contains articles headlined "Guilty: the cleaner, the thief, the blackmailer and the lover" and "Sex, drugs and videotape: flammable mix that provided ammunition for blackmail; Immigration judges' cleaner in UK illegally; Husband is serving jail sentence for murder." Thursday's edition of The Independent (UK) contains an article headlined "Sex, lies, and the stolen videotapes that sent a cleaner to jail." And The Telegraph (UK) on Thursday contains an editorial headlined "Missing identities make a mockery of the law" that begins, "It was a case that had everything -- two judges who were lovers allegedly being blackmailed by a sultry Brazilian who became the mistress of one of them, spiced up (as if further spice were needed) with claims of drug-taking, sex videos and talk of a hired killer. What a heady mix." "Pa. Woman Indicted on Obscenity Charges": The AP provides a report that begins, "A woman who authorities say ran a Web site that published graphic fictional tales about the torture and sexual abuse of children has been indicted on federal obscenity charges." Posted at 07:54 PM by Howard Bashman "Slave Descendants Try to Revive Lawsuit": The Associated Press provides a report that begins, "Lawyers for slave descendants asked a federal appeals court Wednesday to a revive a landmark reparations case that demands 17 of the nation's insurers and banks publicize and pay for their roles in the country's slave trade." The case was argued today before a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit consisting of Circuit Judges Richard A. Posner, Frank H. Easterbrook, and Daniel A. Manion. You can download the oral argument audio by clicking here (mp3 format). And you can access the briefs and appendices filed in the case via this link. "Legislating Supreme Court TV": Bruce Peabody will have this op-ed Thursday in The Christian Science Monitor. My earlier law.com essay on this topic was headlined "Should Congress Mandate Supreme Court TV? Will original understanding go high-definition?" Religious protesters opposed to removal of Ten Commandments monuments lose court challenge to U.S Marshals Service's limitation on demonstrations at Washington, DC "Red Mass" ceremony for judges: U.S. District Judge Royce C. Lamberth of the U.S. District Court for the District of Columbia issued this decision today. Posted at 05:12 PM by Howard Bashman Federal district court dismisses all but one claim asserted in the State of Connecticut's lawsuit challenging the federal No Child Left Behind Act as an unlawful unfunded mandate that costs more than the State received in federal aid: You can access today's ruling by U.S. District Judge Mark R. Kravitz at this link. The Connecticut Attorney General's web site provides access to additional documents filed in the case. "1 First Amendment case on Court docket": Tony Mauro has this essay online at the First Amendment Center. Next up, the Second Amendment Center will complain that there are zero Second Amendment cases on the U.S. Supreme Court's docket. Posted at 04:38 PM by Howard Bashman "Detainee Bill in Final Stages; White House Appears to Be Winning Wide Legal Latitude": The Washington Post today contains this article, along with an article headlined "No Compromise On Wiretap Bill; Focus Now on House Version." In addition, the newspaper contains an editorial entitled "Rush to Error: Congress should not allow itself to be pushed into approving a flawed plan for holding terrorist suspects," while William H. Taft IV has an op-ed entitled "Accounting for the Detainees." And The New York Times reports today that "Deal Likely on Detainees but Not on Wiretapping." "Wacky Tobacco Lawsuit: The class-action suit alleges that smokers were duped by 'light' cigarette marketing." This editorial appears today in The Los Angeles Times. Posted at 04:30 PM by Howard Bashman "Abortion Vote in House May Be Too Late to Boost GOP; The Senate may not act on the consent measure, sought by conservatives, before the fall election": The Los Angeles Times today contains an article that begins, "Scrambling to pass anti-abortion legislation before they recess for fall congressional elections, House Republicans on Tuesday won passage of a bill that would make it a federal crime to evade one state's parental consent laws by taking a minor to another state for an abortion." Posted at 04:10 PM by Howard Bashman "House Passes Measure on Religion Suits": The Washington Post today contains an article that begins, "The House passed a bill yesterday that would bar judges from awarding legal fees to the American Civil Liberties Union and similar groups that sue municipalities for violating the Constitution's ban on government establishment of religion." Posted at 04:05 PM by Howard Bashman "Blogging the Hand That Feeds You": The New York Times contains this article today. Posted at 04:00 PM by Howard Bashman "Texas Case Involving Marital Counseling Is Latest to Test Line Between Church and State": This article about a case argued yesterday before the Supreme Court of Texas appears today in The New York Times. The Austin American-Statesman reports today that "Lawyers argue over pastor's role; Texas Supreme Court to decide whether lower court can hear case against pastor." And The Fort Worth Star-Telegram reports that "Justices hear arguments in suit against pastor." Via the Supreme Court of Texas' web site, you can access online the docket entries, the briefs filed in the case, and the oral argument audio (mp3 format). "Kerkorian Appeals Ruling Backing Daimler-Chrysler Merger": The New York Times contains this article today. I observed this oral argument yesterday before the U.S. Court of Appeals for the Third Circuit (this case was argued first; my client's appeal was third on the argument list), and I am predicting affirmance in the main appeal, although on the cross-appeal the $550,000 fine for the late submission of significant documents will likely be reversed. Posted at 03:40 PM by Howard Bashman "How a Reviled Court System Has Outlasted Critics": This article appears today in The New York Times. Posted at 03:28 PM by Howard Bashman Three generations of mistrials are enough? The New York Times provides a news update headlined "Judge Declares 3rd Mistrial in Gotti Case." You can also access online that newspaper's coverage of the first and second mistrials. Posted at 03:25 PM by Howard Bashman On remand from the U.S. Supreme Court, the U.S. Court of Appeals for the Eleventh Circuit issues its ruling in Williams v. Mohawk Industries, Inc.: You can access today's ruling at this link. Once upon a time (see here and here), this case was viewed as an important vehicle for further refinement of the Supreme Court's RICO jurisprudence. And then, all of the sudden, it wasn't. The Associated Press is reporting: Now available online are articles headlined "Hurdles Cleared for Detainee Legislation" and "Kan. AG Alarms Abortion-Rights Groups." Posted at 03:00 PM by Howard Bashman "Washington Courthouse to Reopen": The Associated Press provides a report that begins, "A federal courthouse within sight of the Capitol was set to reopen early Wednesday afternoon after authorities determined that an abandoned suitcase at the building entrance did not contain a bomb." Posted at 12:15 PM by Howard Bashman "The Threat to Judicial Independence": Today in The Wall Street Journal, Justice Sandra Day O'Connor has an op-ed (pass-through link) in which she writes that "the breadth and intensity of rage currently being leveled at the judiciary may be unmatched in American history." Posted at 12:14 PM by Howard Bashman Perhaps the appellant still qualified for non-meaningful appellate review? One talent that an appellate lawyer is supposed to have is the ability to phrase issues on appeal in a manner that requires those issues to be resolved in favor of the client. More problematic, perhaps, is when a court of last resort, in granting discretionary appellate review, frames the issue in a case in a manner where the issue can only be resolved one way. In such an instance, what's the use of hearing argument on the matter? What brings these thoughts to mind is the Pennsylvania Supreme Court's phrasing of its own question presented in an order granting review issued last Thursday. The order presents the following question for resolution: Did Appellant waive her right to appellate review by raising a quantity of issues sufficient to impair meaningful appellate review?I guess the question as phrased allows the party opposing waiver to contend that just because the quantity of issues raised was sufficient to impair meaningful appellate review does not mean that the quantity necessarily succeeded in impairing meaningful appellate review. Perhaps the party opposing waiver could argue that it nevertheless retained an ability to receive non-meaningful appellate review, instead of no appellate review whatsoever. Or, consider the related argument that the mere impairment of appellate review is no reason to preclude it entirely. I wrote about this general subject in the January 2005 installment of my monthly "Upon Further Review" column published in The Legal Intelligencer under the headline "Attempting To Preserve 104 Issues For Appeal Results In The Preservation Of None." "ABA, White House at Odds over Judicial Nominee": This audio segment (RealPlayer required) appeared on today's broadcast of NPR's "Morning Edition." And today in The Houston Chronicle, columnist Cragg Hines has an op-ed entitled "Super-bad Bush nominees get a needless day in court." "Justices to clarify deportation rules; Court's decision will help determine what crimes are enough to expel legal immigrants": Patty Reinert has this article today in The Houston Chronicle. Posted at 11:28 AM by Howard Bashman "Del. judge gets Senate panel's OK; Jordan clears hurdle toward lifetime appointment to 3rd Circuit Court of Appeals": This article appears today in The News Journal of Wilmington, Delaware. And The Herald-Sun of Durham, North Carolina reports today that "Quorum lacking for N.C. judicial nominee." "Abortion, Race Cases Test Roberts, Alito Adherence to Precedent": Greg Stohr of Bloomberg News provides this report. Posted at 07:45 AM by Howard Bashman "Judicial nominee defends himself before Senate panel; Jackson lawyer one of several controversial figures being considered": The Clarion-Ledger of Jackson, Mississippi contains this article today. Posted at 07:44 AM by Howard Bashman "Soros favors curbs on judges' travels": This article appears today in The Washington Times. Posted at 07:42 AM by Howard Bashman "Some suffering permissible during execution, judge says": Howard Mintz has this article today in The San Jose Mercury News. Today in The San Francisco Chronicle, Bob Egelko reports that "Execution method not good enough for a dog, experts say." In The Los Angeles Times, Henry Weinstein and Maura Dolan have an article headlined "Sparring Over Lethal Injection in California; At a hearing on how California inmates are executed, an expert says they might awaken during the process and die painfully." And in The Sacramento Bee, Claire Cooper reports that "Experts testify on drugs for execution." "Seeking Judicial Control; Panel Urged To Switch Rule-Making Power To Legislature": Today in The Hartford Courant, Lynne Tuohy has an article that begins, "Speakers at a public hearing before the Governor's Commission on Judicial Reform Tuesday overwhelmingly urged members to recommend a constitutional amendment to strip the judicial branch of its rule-making authority and vest it in the legislature instead." Posted at 07:35 AM by Howard Bashman "Justices to Hear Case on Use of Union Fees": Linda Greenhouse has this article today in The New York Times. Today in The Washington Post, Charles Lane reports that "Justices to Decide on Use Of Union Fees for Politics." And in The Los Angeles Times, David G. Savage reports that "High Court Takes Deportation Case; It will decide whether auto theft is a felony that warrants expelling an immigrant in California." Tuesday, September 26, 2006 Linda Greenhouse makes controversial public remarks in speech accepting an award at Radcliffe in June 2006, and National Public Radio attempts to make a big deal of it now: This evening's broadcast of NPR's "All Things Considered" contained an audio segment entitled "Critics Question Reporter's Airing of Personal Views" (RealPlayer required). You can access the text of Greenhouse's remarks at this link. You can view video of Greenhouse's remarks by clicking here (RealPlayer required; the remarks begin 27 minutes into video segment). And NPR has posted online audio of Greenhouse's remarks at this link (RealPlayer required). On June 8, 2006, Radcliffe issued a press release entitled "Linda Greenhouse ’68 Wins 2006 Radcliffe Institute Medal; New York Times Correspondent to Be Honored June 9 at Radcliffe Day Luncheon." And the June 15, 2006 issue of the Harvard Gazette contained an article headlined "Greenhouse sings the blues; Radcliffe medalist decries lack of activism." "Part of Bush's Anti-Terror Plan Stalled": The Associated Press provides this report. Posted at 08:27 PM by Howard Bashman "Doctor's call-up by Army is halted; She opposes war, seeks discharge": The Boston Globe contains this article today. Posted at 08:20 PM by Howard Bashman "A last hurdle for bill on detainees: access to US court; Votes are expected by week's end on trials for war-on-terror suspects." This article will appear Wednesday in The Christian Science Monitor. Posted at 06:05 PM by Howard Bashman Fifth Circuit nominee Michael B. Wallace has just concluded his testimony before the Senate Judiciary Committee: Still to come on the agenda, the testimony of the critics and supporters of Fifth Circuit nominee Michael B. Wallace. You can view the hearing live, online by clicking here (RealPlayer required). Posted at 05:30 PM by Howard Bashman Available online from National Public Radio: Today's broadcast of "Day to Day" contained an audio segment entitled "Court to Tackle Tough Cases in New Session" featuring Dahlia Lithwick. And today's broadcast of "Morning Edition" contained an audio segment entitled "Security Bills Eyed Ahead of Campaign Break." RealPlayer is required to launch these audio segments. "Forget Nuremberg: How Bush's new torture bill eviscerates the promise of Nuremberg." Law Professor David J. Luban has this jurisprudence essay online at Slate. Posted at 05:20 PM by Howard Bashman "Children's Hearsay Statements and Probable Cause": Juan Non-Volokh has this post today at "The Volokh Conspiracy" concerning an interesting decision that the U.S. Court of Appeals for the Sixth Circuit issued today. Posted at 05:12 PM by Howard Bashman Today's Third Circuit oral argument: Just wanted to write a quick note about today's oral argument, which I thought went well. Today was my first appearance before Circuit Judge Michael A. Chagares, whose tenure on the Third Circuit began in April of this year. I was impressed with his understanding of my case and his pleasant demeanor. I think he will do a fine job replacing one of my favorite former Third Circuit judges, Michael Chertoff. Circuit Judge Marjorie O. Rendell, who presided over today's oral arguments, seemed to have a better grasp of the record in most of today's cases than the lawyers who were arguing the cases. This is especially impressive, because Judge Rendell in her spare time serves as First Lady of Pennsylvania. And, for reasons that a simple Westlaw search will reveal, I am always glad to see Senior Judge Jane R. Roth on my Third Circuit panel. I was very pleased to see that the Third Circuit's main oral argument courtroom, the Albert Branson Maris Courtroom, now is home to the portrait of the judge for whom I clerked. It also appears that you no longer need to be a deceased Third Circuit judge to have your portrait on the walls of one of its courtrooms, as the Maris Courtroom now includes the portrait of one of the Third Circuit's female judges. The final case argued today looks quite interesting, but because my case was argued second to last, I did not get a chance to stay for that oral argument. Finally, let me thank my client's trial counsel who so kindly provided me after the argument with a six-pack of Czechvar, the beer known throughout most of the world as Budweiser Budvar Czech Premium Lager. The gift was in commemoration of this blog's sporadic coverage of the ongoing USA Budweiser vs. Czech Budweiser trademark dispute. Update: A reader who works in the Third Circuit's library emails to advise that the portrait of the female judge on display in the Maris Courtroom is of Third Circuit Judge Carol Los Mansmann, who died in 2002. The Associated Press is reporting: Now available online are articles headlined "House Won't Open Courts in Land Cases"; "Judge to Weigh Evidence in CIA Leak Case"; and "Courtroom Interpreters in Short Supply." Posted at 03:58 PM by Howard Bashman "More Details of Wone Investigation": Legal Times provides a news update (free access) that begins, "Police have seized computers and other electronics from the Dupont Circle home in Northwest Washington where lawyer Robert Wone was stabbed to death Aug. 2, according to an affidavit in a search warrant for the house that was recently made public." Posted at 03:55 PM by Howard Bashman Today's U.S. Supreme Court Order List: You can access the Order List at this link. The Court today granted review in nine cases. At "SCOTUSblog," Lyle Denniston reports that "Court grants nine cases." The Associated Press provides reports headlined "High Court to Hear Case About Union Dues"; "Justices to Weigh Deportation Authority"; "Court Accepts Ariz. Death Penalty Appeal"; and "Court to Hear Credit Notification Appeal." Reuters provides reports headlined "US court to hear appeal by insurers on credit law" and "Top court to decide death penalty lawyer case." This afternoon's Senate Judiciary Committee confirmation hearing for two quite controversial nominees is now underway: You can watch the hearing, live online, by clicking here (RealPlayer required). The hearing began just twelve minutes ago and the nominees are now being introduced. My earlier coverage of this afternoon's hearing can be accessed via this link. Posted at 03:42 PM by Howard Bashman Perhaps not the best day to be named "The Paris Hilton of the Federal Judiciary": Today, David Lat has this post at his new blog, "Above the Law," identifying the "winner" of that title. Also today, The Associated Press reports that "Paris Hilton Charged With DUI in Calif." Programming note: I'll be presenting oral argument today to a three-judge panel of the U.S. Court of Appeals for the Third Circuit. Additional posts will appear here this afternoon. As noted in this post at "SCOTUSblog," the Supreme Court of the United States could issue an Order List today announcing grants of review from the Court's "long conference." If that in fact occurs today, "SCOTUSblog" undoubtedly will provide prompt coverage. Once the Court posts the Order List online, you can access that document via this link (or, perhaps, directly by clicking here). "O'Connor 'Conversation' is Candid, Inspiring": Wake Forest University School of Law issued this news release yesterday. Posted at 07:48 AM by Howard Bashman "Video Maker Pleads Guilty; The case stems from the use of underage girls in soft-core 'Girls Gone Wild' footage; The judge imposes a $500,000 fine": This article appears today in The Los Angeles Times. Posted at 07:47 AM by Howard Bashman "U.S. Judge to Open Rigorous Review of Lethal Injection; Federal judge will open four days of hearings focusing on a killer's claim that lethal injection is cruel and unusual punishment": Henry Weinstein has this article today in The Los Angeles Times. Posted at 07:44 AM by Howard Bashman "Judges React To Court Access Proposals": Lynne Tuohy has this article today in The Hartford Courant. Posted at 07:35 AM by Howard Bashman "Judge rules up to 50M can sue in tobacco case; Class-action status granted to suit over ‘light' smokes": USA Today contains this article today. And The New York Sun today contains an editorial entitled "Blowing Smoke." "Detainee Measure to Have Fewer Restrictions; White House Reaches Accord With Lawmakers": This front page article appears today in The Washington Post. The newspaper also contains an editorial entitled "A Case for Appeal: Abuse of foreign detainees cannot be checked if courts are denied supervision." The New York Times today contains articles headlined "G.O.P. Reaches Tentative Deal on Domestic Spying Legislation" and "Security and War Take Center Stage as Campaign Break Nears." The Los Angeles Times contains articles headlined "Wiretap, Tribunal Bills Get Senatorial Shuffle; Specter wants to amend detainee legislation. Three in the GOP get on board for wiretapping" and "Guantanamo's Uneasy Ramadan; Tensions and religious teaching mix at prison, as a court challenge calls for Muslim chaplains." USA Today reports that "Deal on terror suspects hits new snag; Provision on access to courts criticized." And DeWayne Wickham has an op-ed entitled "Two terror cases expose Bush's double standard." "Lynne Stewart Eavesdropping Request Revisited": The New York Sun today contains an article that begins, "A lawyer for the federal government told a federal judge yesterday that attorney Lynne Stewart, who faces prison time for aiding a terrorist whom she represented, does not have 'a need to know' whether the government eavesdropped on her without a warrant." Posted at 06:40 AM by Howard Bashman Bob Egelko is reporting: Today in The San Francisco Chronicle, he has articles headlined "Written ruling reiterates plan to jail reporters; Law requires they reveal confidential source, judge says" (I have posted online a copy of the ruling at this link) and "Judge debating state execution procedure respected by lawyers." Posted at 06:33 AM by Howard Bashman "J.P. Morgan & Co. Sued for Profiting From Slavery": Dow Jones Newswires provide a report that begins, "J.P. Morgan Chase & Co. and Bank of America Corp. are among 18 corporate defendants named in a slave-reparations case to be heard tomorrow in the Seventh Circuit Court of Appeals in Chicago." Posted at 06:30 AM by Howard Bashman "Censored Affidavit Issued in National Security Case": The New York Times contains this article today. Posted at 06:27 AM by Howard Bashman "Delivering Small-Town Justice With a Mix of Trial and Error": This article appears today in The New York Times. Posted at 06:23 AM by Howard Bashman In commentary available online from FindLaw: Joanne Mariner has an essay entitled "Gagging the Detainees." And Aziz Huq has an essay entitled "How The Military Commissions Act of 2006 Threatens Judicial Independence: Attempting to Keep the Courts Out of the Business of Geneva Conventions Enforcement." Monday, September 25, 2006 "Wiretap Bill Moves Closer to Passage; After Changes, Senate Holdouts Pledge Support": The Washington Post on Tuesday will contain this article. And McClatchy Newspapers report that "Specter and Congress will finish interrogation, surveillance, immigration work." "Tobacco Makers Lose Key Ruling on Latest Suits": This article will appear Tuesday in The New York Times. |
