"Republicans target red-state Dems on Judge Southwick":
Wednesday's issue of The Hill will contain an article
that begins, "Senate Republicans and their conservative allies on Tuesday were targeting red-state Democrats in a last-ditch bid to win a confirmation battle over the most contentious judicial nominee of the 110th Congress, Leslie Southwick."
"Financing Mistrial Adds to U.S. Missteps in Terror Prosecutions":
Adam Liptak and Leslie Eaton will have this news analysis
Wednesday in The New York Times.
"Microsoft Is Yielding in European Antitrust Fight": This article
appears today in The New York Times.
The Washington Post reports today that "Microsoft Yields to European Regulators; Software Giant Ends Years-Long Antitrust Fight."
Jim Puzzanghera of The Los Angeles Times reports that "Microsoft ends 9-year battle with European regulators; The software giant, running out of legal options, agrees to make highly guarded code available at low prices."
And The Seattle Post-Intelligencer reports that "Microsoft drops EU battle; Company agrees to concessions, won't pursue antitrust appeal."
"Prosecutors: Qwest had a pact; Assertion shoots hole in Nacchio's secret info stance."
The Rocky Mountain News contains this article
And The Washington Post reports today that "Papers Contradict Nacchio's Defense; Qwest Was Considered for NSA Contract."
In related coverage, Denver's NBC news affiliate 9NEWS reported yesterday that "2nd investigation of federal judge launched after disabled parking violation."
And The Associated Press reports that "Judge Nottingham accused of parking in handicapped spot."
You can access online both the judicial misconduct complaint and the judge's response thereto.
Judge who filed suit against dry cleaner for losing his pants will soon be losing his judgeship:
The Washington Post reports today that "Judge Set to Lose Job, Sources Say; Panel Reportedly Votes Against Reappointment
"Senators Say White House Cut Deal With Panel on FISA; Documents Said to Be Traded for Telecom Immunity": This article
appears today in The Washington Post.
In addition, the newspaper contains an editorial entitled "The Price of Admission: The White House will share details on telecommunications firms' immunity, but only with those who agree with it."
"Top Court in Georgia Again Delays an Execution":
The New York Times contains this article
And The Atlanta Journal-Constitution reports today that "No execution today, state high court rules."
"A Dead Spy, a Daughter’s Questions and the C.I.A." This article
about a case now pending before the U.S. Court of Appeals for the Second Circuit
appears today in The New York Times.
"Immigrant fights to keep $59,000 U.S. confiscated":
Yesterday's edition of The South Florida Sun-Sentinel contained this article
reporting on a case now pending on appeal before the U.S. Court of Appeals for the Eleventh Circuit
And Reuters reports that "Guatemalan migrant fights U.S. for his wages."
"Companies Seeking Immunity Donate to Senator":
The New York Times today contains an article
that begins, "Executives at the two biggest phone companies contributed more than $42,000 in political donations to Senator John D. Rockefeller IV this year while seeking his support for legal immunity for businesses participating in National Security Agency eavesdropping."
"Death Penalty Is Thrown Out in Wendy's Killings":
The New York Times provides a news update
that begins, "Closing a chapter on one of the bloodiest crimes in recent New York City history, the state's highest court today tossed out the death sentence imposed on a man for his role in the murders of five workers at a Wendy's restaurant in Queens seven years ago. The man, John B. Taylor, was the last remaining inmate on New York State's death row. The divided decision by the Court of Appeals not only ordered the trial court to resentence Mr. Taylor -- almost certainly to life in prison without parole -- but it also reaffirmed a landmark decision in 2004 that effectively invalidated the state's death penalty law."
My earlier coverage of today's New York State Court of Appeals ruling appears at this link.
Latest crop of Higazy-related posts:
The blog "Wash Park Prophet" has a post titled "FBI Coverup Thwarted
The blog "Donkey Punch" has a post titled "Your Tax Dollars at Work."
Matthew Yglesias offers these thoughts.
The blog "Educated Guesswork" has a lengthy post titled "Information wants to make you look foolish" in which the post's author concludes, "I'm not a lawyer, but I must admit to being a little puzzled as to why this is an appropriate matter to seal. If Templeton hadn't worked for the FBI and threatened a confession out of someone would that be sealable? If not, doesn't the public have a pretty significant interest in knowing what their law enforcement officials do? Whatever the reason, once you've made the mistake of posting this to a web site somewhere, trying to take it back just makes you look stupid."
And the blog "Petunias" has a post titled "Higazy and Coerced Confessions."
"An ancient wrong and the Constitution":
Lyle Denniston has this interesting post
this evening at "SCOTUSblog" about a case involving the tort of alienation of affection.
"NY Court: Police Can Pose As Children."
The Associated Press provides a report
that begins, "Law enforcement officers investigating sexual predators can pose as children to catch their prey, a federal appeals court ruled Monday, saying the First Amendment provides no refuge for such criminals."
You can access yesterday's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
"We have consolidated for decision four intertwined cases that present nine questions under the Fair Debt Collection Practices Act, several of which have engendered considerable controversy at the circuit level and even some circuit splits."
So begins an opinion
that Circuit Judge Richard A. Posner
issued today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit
Several of the questions ask whether the Act should be applied in the same manner where the consumer is represented by, and being contacted through, a lawyer as where the consumer is being contacted directly by the debt collector.
"Highest court upholds change to death penalty law":
The Times Union of Albany, New York provides a news update
that begins, "The state's highest court today upheld a 2004 ruling that effectively overturned New York's death penalty law."
You can access today's 4-3 ruling of the Court of Appeals of New York at this link.
Majority on partially divided three-judge Sixth Circuit panel strikes down as facially unconstitutional the recordkeeping requirements federal criminal law places on producers of images of "actual sexually explicit conduct" to verify the ages of those depicted in the images:
Describing the federal statute at issue
, the majority opinion explains, "The plain text, the purpose, and the legislative history of the statute make clear that Congress was concerned with all child pornography and considered recordkeeping important in battling all of it, without respect to the creator's motivation." The majority proceeds to hold the statute facially overbroad and then strikes down the law as unconstitutional.
You can access today's ruling at this link. Even the dissenting judge agrees that the statute is overbroad, but he believes that judicial narrowing of the statute can save it from being unconstitutional.
This decision is a significant First Amendment ruling that directly implicates the controversial subjects of legal adult pornography and illegal child pornography. I expect that the ruling will receive plenty of attention.
"Vote Expected This Week on Judge Southwick Nomination to Circuit Court":
FOXNews.com provides this report
And Politico.com reports that "Vote to indicate heft of Southwick baggage."
"Lawbreaker in Chief":
Today in The New York Times, Law Professor Jed Rubenfeld
has an op-ed
that begins, "At his confirmation hearings last week, Michael B. Mukasey, President Bush's nominee for attorney general, was asked whether the president is required to obey federal statutes."
"European Court Strikes Down 'Volkswagen Law'":
The New York Times provides a news update
that begins, "The European Court of Justice in Luxembourg today struck down a 47-year-old German law that was the only roadblock standing between Porsche and its long-sought goal of taking over Volkswagen."
The Wall Street Journal provides a news update headlined "EU Court Overturns Law That Shields Volkswagen."
BBC News provides reports headlined "'Volkswagen law' is ruled illegal; The European Union's highest court has said a German law protecting carmaker Volkswagen from takeovers is illegal" and "Porsche expected to take control of VW."
The Telegraph (UK) provides a news update headlined "EU ruling may trigger Porsche bid for Volkswagen."
Reuters reports that "EU's top court strikes down VW law."
And The Associated Press reports that "EU Court Strikes Down VW Law."
You can access today's ruling of the European Court of Justice at this link. That court today also issued a press release summarizing the ruling.
"The War for the Constitution : The anniversary of Robert Bork's failed nomination reminds us what's at stake in the coming election."
Gary L. McDowell has this op-ed
today in The Wall Street Journal.
"Due Process for Exxon":
Today in The Wall Street Journal, Theodore J. Boutrous, Jr. has an op-ed
that begins, "It has been nearly two decades since the Exxon Valdez ran aground in Alaska, spilling 258,000 barrels of crude oil. The company long ago paid dearly for the catastrophic accident: some $3.4 billion in clean-up costs, natural resource damages, claims payments, fines and penalties. Now the Ninth Circuit Court of Appeals has ordered Exxon Mobil Corp. to pay $2.5 billion in punitive damages, the largest such award affirmed by a federal court in history."
"A Former Florida Professor, Al-Arian, Again Rebuffed Over Contempt Citation":
Today in The New York Sun, Josh Gerstein has an article
that begins, "A federal judge has rebuffed another bid by a former Florida college professor, Sami Al-Arian, to end a contempt of court citation stemming from his refusal to testify before a grand jury investigating Islamic charities in Virginia, one of Al-Arian's daughters said yesterday."
Available online from law.com:
Jonathan Ringel reports that "Ginsburg Notes Israeli Judges' Ban on Torture
In other news, "Rough Seas Forecasted for Mukasey: Can attorney general nominee pilot the Justice Department through turbulent waters?"
And this week's installment of Tom Goldstein's "Conference Call" column is headlined "Exxon Appeals Award to High Court; Justices consider challenge of a $2.5 billion decision."
"The Second Circuit's Stunning Reversal, in Two Suits Involving the Alien Tort Claims Act":
Anthony J. Sebok has this essay
, part one of a two-part series, today at FindLaw.