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Wednesday, November 30, 2005 "'85 Alito memo outlines stealth strategy against Roe": Stephen Henderson and Howard Mintz of Knight Ridder Newspapers provide this report. And Thursday's edition of The Philadelphia Inquirer will contain an article headlined "Alito to face questioning on affirmative action, voting rights." In Thursday's edition of The Washington Post: Charles Lane will have an article headlined "Roberts Seeks Middle Ground; Court Hears Appeal on Parental Notification of Abortion." And a front page article will report that "Alito Helped Craft Reagan-Era Tack To Restrict 'Roe'; Supreme Court Nominee Wrote Memo In 1985 as Justice Department Lawyer." In Thursday's edition of The New York Times: Linda Greenhouse will have an article headlined "For New Court, Abortion Case Takes Old Path." And in other news, "Reagan-Era Files Show Alito Role on Abortion Law." "Justices weigh parental notification law": Jan Crawford Greenburg of The Chicago Tribune provides this news update. Additional coverage from Ms. Greenburg can be accessed here (transcript with link to audio) via the PBS program "The NewsHour with Jim Lehrer." Allen Pusey of The Dallas Morning News provides an update headlined "Little drama as high court gets abortion cases; Roberts appears to back letting N.H. broaden notification exception." Bill Adair of The St. Petersburg Times provides a news update headlined "Court skips big abortion questions; The New Hampshire parental notification dispute is not the 'monumental' case some had predicted." Thursday's edition of The Guardian (UK) reports that "Appeal will test US supreme court's line on abortion under new chief justice." Thursday's edition of The Independent (UK) reports that "Supreme Court to hear pro-abortion challenge." The Associated Press reports that "Ayotte says she expected tough questions." And Thursday in The Washington Post, Dana Milbank's "Washington Sketch" column will be entitled "A Chip Off the Old Bloc." "Hooked on the Web: Help Is on the Way." This article will appear Thursday in The New York Times. Posted at 10:04 PM by Howard Bashman "Justices shy away from fight on abortion": Patti Waldmeir will have this article in Thursday's edition of Financial Times. Posted at 08:58 PM by Howard Bashman "Supreme Court hears abortion case": The Knight Ridder Newspapers provide this report. Posted at 07:58 PM by Howard Bashman On this evening's broadcast of NPR's "All Things Considered": The broadcast contained segments entitled "High Court Hears Arguments on Abortion Consent" (featuring Nina Totenberg); "Alito Documents: 'We Disagree With Roe v. Wade'"; and "RIM Shares Fall on Blackberry Patent Ruling." RealPlayer is required to launch these audio segments. Posted at 07:54 PM by Howard Bashman "Nibbling Away at Roe v. Wade: For the Supreme Court, Ayotte is an hors d'oeuvre." Dahlia Lithwick has this Supreme Court dispatch online at Slate. Posted at 07:45 PM by Howard Bashman "High Court Weights Notification for Teen Abortions": This segment (RealPlayer required) appeared on today's broadcast of NPR's "Talk of the Nation." Posted at 05:35 PM by Howard Bashman "Government rebuffed on Padilla": At "SCOTUSblog," Lyle Denniston has a post that begins, "The Fourth Circuit Court of Appeals, apparently nettled by the Justice Department's shift in position on terrorism suspect Jose Padilla, refused on Wednesday to order his immediate release from military custody and threatened to cast aside its ruling in the government's favor in the case." Posted at 05:24 PM by Howard Bashman "Roberts signals support for abortion curbs; In high court argument, chief justice hints at upholding New Hampshire law": Tom Curry, national affairs writer for MSNBC, provides this report. Posted at 05:15 PM by Howard Bashman "Supreme Court Weighs New Hampshire Parental Notification Law; Abortion-rights case is the first heard in five years and the first under new Chief Justice John Roberts": law.com's Tony Mauro provides this news update. Posted at 04:40 PM by Howard Bashman "Wisdom from Judge Carnes on post-Booker appellate review": The blog "Sentencing Law and Policy" offers this post about an interesting concurring opinion that the U.S. Court of Appeals for the Eleventh Circuit issued today. Posted at 04:18 PM by Howard Bashman "High Court Hears New Hampshire Abortion Case": This segment (RealPlayer required) featuring Dahlia Lithwick appeared on today's broadcast of NPR's "Day to Day." Posted at 03:54 PM by Howard Bashman "Supreme Court Hears First Abortion Case in 5 Years; At Issue: N.H. Law Requiring Parental Notification for Underage Women Seeking Abortions." Charles Lane of The Washington Post provides this news update. Posted at 03:20 PM by Howard Bashman In news from Hawaii: The Honolulu Star-Bulletin today contains articles headlined "'Ice' addict cleared of killing newborn; The state Supreme Court rules an unborn child is not a 'person'" and "Ruling stirs debate but won't change laws on unborn." And The Honolulu Advertiser today reports that "Meth mother's conviction overturned." I provided links to the ruling in this post from yesterday evening. "Justices Stay Evenhanded on Abortion Case": David G. Savage of The Los Angeles Times provides this news update. Posted at 03:11 PM by Howard Bashman "Supreme Court Oral Argument: Ayotte v. Planned Parenthood of Northern New England." C-SPAN has posted the oral argument online here (RealPlayer required). From the length of the oral argument audiotape, it would appear that counsel for respondents only used twenty of her allotted thirty minutes for oral argument and that the Chief Justice allowed New Hampshire Attorney General Kelly A. Ayotte to reserve "the balance of her time for rebuttal" when that balance equaled zero. Update: In addition, The Associated Press has posted the audio online here (RealPlayer required). "A look at Judge Alito's rulings on eligibility for Social Security disability benefits," featuring Robert Schwaneberg, legal affairs correspondent for The Newark Star-Ledger: This segment (RealPlayer required) appeared on today's broadcast of C-SPAN's "Washington Journal." Posted at 03:00 PM by Howard Bashman "Judge deals RIM blow in BlackBerry case": Reuters provides this report. Posted at 02:48 PM by Howard Bashman "Top court reviews abortion notice law": James Vicini of Reuters provides this report. Posted at 02:45 PM by Howard Bashman "The adjudication of these cases at the administrative level has fallen below the minimum standards of legal justice." Seventh Circuit Judge Richard A. Posner has more harsh words for those who adjudicate immigration cases at the administrative level in this opinion issued today on behalf of a unanimous three-judge panel. Posted at 02:30 PM by Howard Bashman "Alito Urged U.S. to Seek to Limit Abortion Rights": Bloomberg News provides this report. Bloomberg News also reports that "U.S. Supreme Court Justices Seek Middle Ground in Abortion Case." In news updates available online from The Toronto Globe and Mail: The newspaper offers updates headlined "RIM suffers another blow" and "Judge lifts Homolka release restrictions." Posted at 02:18 PM by Howard Bashman "Abortion: narrowing the focus." Lyle Denniston has this post at "SCOTUSblog." Posted at 02:15 PM by Howard Bashman Do not pass go, do not collect $200: Today, a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued a decision holding that a previously deported alien does not commit the federal criminal offense of attempted illegal reentry into the United States when he crosses the border separating the United States from Mexico with the intent only to be imprisoned in the United States. Posted at 01:05 PM by Howard Bashman "Documents Reveal More About Alito's Views": Jesse J. Holland of The Associated Press provides a report that begins, "As a Reagan administration lawyer in 1985, Samuel Alito made clear his hope that the Supreme Court would one day overturn a landmark ruling that established abortion rights." I linked to the documents in question in this earlier post. Posted at 12:55 PM by Howard Bashman "Court Considers Limits to Abortion Protests": The Associated Press provides this report. Posted at 12:33 PM by Howard Bashman C-SPAN has just begun its broadcast of the oral argument audio in Ayotte v. Planned Parenthood: The broadcast began nine minutes earlier than expected. Links to C-SPAN's broadcast are here (three posts below). Posted at 12:06 PM by Howard Bashman "US appeals court delays Padilla jail transfer": Reuters provides this report. Posted at 12:05 PM by Howard Bashman "Justices Weigh Parental Notification Law": Gina Holland of The Associated Press provides this updated report. Posted at 12:04 PM by Howard Bashman Listen online to the audiotape of this morning's U.S. Supreme Court oral argument in Ayotte v. Planned Parenthood: In approximately fifteen minutes from now, C-SPAN will broadcast the oral argument audio. You can listen using either RealPlayer or Windows Media Player. Posted at 12:00 PM by Howard Bashman "Demonstrators Out in Force for Abortion Case": The AP provides this report. Posted at 11:40 AM by Howard Bashman The Associated Press is reporting: Jesse J. Holland reports that "Alito Favors Exercise of Judicial Restraint." Gina Holland reports that "Justices Step Into Abortion Rights Case." And in other news, "Appeals Court Holds Up Padilla Transfer." Access online Third Circuit Judge Samuel A. Alito, Jr.'s responses to the Senate Judiciary Committee's questionnaire: National Review Online has posted the document at this link. Posted at 11:08 AM by Howard Bashman "Records Pertaining to Judge Samuel A. Alito, Jr. -- Record Group 60: Department of Justice." The U.S. National Archives and Records Administration has just posted online two sets of new documents, "Files of the Attorney General, Edwin Meese III" and "Files of Charles Cooper." Update at 11:20 a.m.: Likely to garner much attention is a document described as "Memorandum concerning Thornburgh v. American College of Obstetricians & Gynecologists, No. 84-495 and Diamond v. Charles, No. 84-1379 from Samuel A. Alito to the Solicitor General, (May 30, 1985)." What appears to be the final draft of that memo is available here. "Harvard Law On A Heterodox Spree, Listing To Right; In Age of John Roberts, New Kind of Legal Expert Sought by Elena Kagan": Anna Schneider-Mayerson has this article in the December 5, 2005 issue of The New York Observer. Posted at 10:45 AM by Howard Bashman "Justices weigh retardation safeguard in death penalty cases": The Newark Star-Ledger contains this article today. Posted at 10:42 AM by Howard Bashman "The not-so-dirty bomber": This editorial appears today in The St. Petersburg Times. Posted at 10:40 AM by Howard Bashman Available today from National Review Online: Clarke D. Forsythe has an essay entitled "Supreme Opportunity: Will the Court fix its abortion mess?" And Kathryn Jean Lopez has an essay entitled "Meet Jane: Portrait of a teenager protected by New Hampshire's parental-notification law." "Rocking the Bus: A Colorado woman takes a stand against arbitrary ID checks." Jacob Sullum has this essay online today at Reason. In the essay, Sullum writes, "A civil case raising similar issues in the context of airport ID checks is scheduled to be heard by the U.S. Court of Appeals for the 9th Circuit the day before Davis' arraignment." Posted at 10:25 AM by Howard Bashman "House budget sleeper splits the 9th Circuit": The San Francisco Chronicle today contains an article that begins, "A little-noticed provision in the massive House budget bill would fulfill the longtime goal of conservatives to split the San Francisco-based U.S. Court of Appeals for the Ninth Circuit, creating a new 12th circuit appellate court and allowing President Bush to name a slate of new federal judges." Posted at 10:22 AM by Howard Bashman "How the Building Crumbles: Could bird poo have made a chunk of marble fall off the Supreme Court Building?" Daniel Engber has this explainer essay online at Slate. Posted at 10:15 AM by Howard Bashman "Justices Step Into Abortion Rights Case": Gina Holland of The Associated Press provides this report. And James Vicini of Reuters reports that "Top court reviews abortion notice law." In today's edition of The Concord (N.H.) Monitor: An article reports that "Abortion case hits high court; New Hampshire law could tighten access." From The Associated Press, "Supreme Court a familiar stop for N.H. cases; Current case not state's first time in spotlight." And an op-ed is entitled "Counting votes and giving Ayotte the benefit of the doubt." "High Court to Weigh Parental Notification for Abortion": Nina Totenberg had this report (RealPlayer required) on today's broadcast of NPR's "Morning Edition." Posted at 09:00 AM by Howard Bashman "Justices Take Up Rule Against 'Tying' Products; The high court leans toward making it harder for competitors to sue over the sales practice": David G. Savage has this article today in The Los Angeles Times. Posted at 07:33 AM by Howard Bashman "Alito Showed Even Keel in Court Dispute": The Associated Press provides this report, which focuses on proposed Federal Rule of Appellate Procedure 32.1. The Washington Times reports today that "Alito foes focus on drug case as omen on privacy." And The Badger Herald reports that "Law panel deliberates on Alito's nomination." In commentary, Newsday contains an op-ed by Rosario A. Iaconis has an op-ed entitled "Alito can be proud of his heritage; Critics of the court nominee are resorting to anti-Italian smears, but he has a majestic patrimony behind him." In The Oregonian, Nick Fish has an op-ed entitled "The Alito nomination: On the wrong side of history for women." And in The Philadelphia Daily News, Rotan E. Lee has an op-ed entitled "A Brave New Court, Part I." "Justices to weigh parental notice for abortions": This article appears today in The Baltimore Sun. The New York Sun reports today that "Health Exception Seen as Central To High Court Case." Gallup News Service reports that "Americans Favor Parental Involvement in Teen Abortion Decisions; Think laws should require parental consent." The Boston Globe reports that "Abortion case puts spotlight today on Roberts's queries; The scope may color Alito's possible impact." The Manchester Union Leader reports that "In 12 years since law school, Ayotte's career has taken off." The Burlington Free Press reports that "N.H. abortion case has Vermont roots." The Lawrence (Kan.) Journal-World reports that "Status quo at stake; New generation may face abortion questions." And The Winston-Salem Journal reports that "N.C. one of first states to allow abortion; Procedure legalized in 1967; if Roe was overturned, push for changing law probable." In commentary, The New York Times contains an editorial entitled "The Next Abortion Decision." And those with TimesSelect can access an item entitled "Talking Points: The Waning Power of Roe v. Wade." The Washington Times contains an editorial entitled "Abortion and the Roberts court." In The Denver Post, columnist Al Knight has an op-ed entitled "Cases could define new direction of high court." And in The Chicago Tribune columnist John Kass has an op-ed entitled "Parents are the only judges who matter." "Former clerk discusses Supreme Court procedures": The Daily Princetonian contains this article today. Posted at 07:12 AM by Howard Bashman "Sidestepping Courts in the War on Terrorism; U.S. seeks leverage by moving detainees or changing their status before scheduled hearings; Critics call it legal dodge ball": This article appears today in The Los Angeles Times. Posted at 07:10 AM by Howard Bashman "One Person, One Filibuster? Judge Alito's Controversial Comment on a Supreme Court Voting Rights Case." Law Professor Richard L. Hasen, author of the "Election Law" blog, has this essay today at FindLaw. Posted at 06:45 AM by Howard Bashman Tuesday, November 29, 2005 "An Eminent Domain High Tide: Riviera Beach, Fla., wants to displace about 6,000 of its residents and raze their homes to build a yachting and residential complex." The Los Angeles Times today contains an article that reports, "In what has been called the largest eminent-domain case in the nation, the mayor and other elected leaders want to move about 6,000 residents, tear down their homes and use the emptied 400-acre site to build a waterfront yachting and residential complex for the well-to-do" Posted at 11:35 PM by Howard Bashman "Abortion-notification case could test changing court": Joan Biskupic will have this article Wednesday in USA Today, along with an article headlined "High court case may signal shift on abortion." Meanwhile, on Thursday evening, you can see and hear Biskupic speak at the National Constitution Center in Philadelphia. In Wednesday's edition of Financial Times, Patti Waldmeir reports that "The US Supreme Court will today hear its first major abortion case in five years - the first big test of how the new chief justice, John Roberts, will rule on this controversial issue." And FOXNews.com reports that "Precedent at Stake in Supreme Court Abortion Case." "Pa. Justices Sued for Alleged Violation of Due Process; Attorney aims at use of dismissal to enforce appellate issue limits": law.com tonight has made Shannon P. Duffy's article, which I mentioned here earlier today, freely available at this link. Posted at 11:14 PM by Howard Bashman "Supreme Court to hear 2 abortion cases": Allen Pusey will have this article tomorrow in The Dallas Morning News. Posted at 10:14 PM by Howard Bashman "The Supreme Court Tackles Abortion: A Look at Mandatory Parental Involvement Laws." That was the title of last week's broadcast of NPR's "Justice Talking," which you can listen to online here (Windows Media) and here (mp3). Posted at 09:02 PM by Howard Bashman Sealed Appellee 1 defeats Sealed Appellant 1: The U.S. Court of Appeals for the Fifth Circuit today issued its ruling in Sealed Appellant 1 v. Sealed Appellee 1. The second 1 won. All celebration of victory and bemoaning of loss will occur under seal. Posted at 08:42 PM by Howard Bashman "Splitting the 9th Circuit": This editorial appears today in The Fairbanks Daily News-Miner. Yesterday, The Register-Guard of Eugene, Oregon contained an editorial entitled "A court divided." And The Honolulu Star-Bulletin recently published an editorial entitled "Splitting 9th Circuit would hurt Hawaii." "25th Annual Federalist Society Student Symposium, Columbia Law School--February 24 & 25, 2006": Details here. Posted at 08:33 PM by Howard Bashman "Eskridge, Polsby Debate Solomon Amendment Case": You can access the debate via this link, at "ACSBlog." Posted at 08:30 PM by Howard Bashman "Pregnant woman's manslaughter conviction reversed": The Honolulu Advertiser provides a news update that begins, "The Hawai'i Supreme Court this morning reversed the manslaughter conviction for a 32-year-old woman whose use of crystal methamphetamine during her final days of pregnancy in 2001 led to the death of her two-day-old son. In a 38-page opinion, the court ruled that state law does not permit the prosecution of a mother's prenatal conduct that causes the death of her baby. The prosecution was the first of its kind in Hawai'i and lawyers believed the court would be the only one in the country to uphold that type of conviction." Today's ruling of the Supreme Court of Hawaii can be accessed online (opinion of the court; concurring opinion; and additional concurring opinion). "Third time the charm? Scheidler case goes back to high court Nov. 30." This article appears in the current issue of The Catholic New World. And The Fort Worth Star-Telegram recently published a related editorial entitled "It keeps going and going." "Solomon's Choice -- Or Hobson's?" Paul Horwitz has this post at "PrawfsBlawg." And that blog's founder, Dan Markel, today has a jurisprudence essay entitled "Innocents Lost: Who needs David Gale when you have Ruben Cantu?" online at Slate. "A one-stop shop for the 'best' blogs; By gathering an elite group of widely read bloggers, a young media company hopes to make them more attractive to advertisers": This article will appear Wednesday in The Christian Science Monitor. Posted at 05:45 PM by Howard Bashman "Injured fan's Phillies suit tossed out": The Harrisburg Patriot-News today contains an article that begins, "More than two years after catching a thrown baseball with his face, Jeremy Loughran struck out in his quest for damages from the Philadelphia Phillies. The state Superior Court in Harrisburg, in a 2-1 decision last week, upheld last year's Philadelphia County Court ruling that Loughran, of Holland, Bucks County, assumed the risk of getting injured when he attended a July 5, 2003, game between the Phillies and the Atlanta Braves at Veterans Stadium." You can access last week's ruling of the Superior Court of Pennsylvania at this link. "Women drop sexual harassment suit against gorilla's caretaker": CourtTV.com provides a report that begins, "Two women who claimed they were pressured to show their breasts to Koko, the famous gorilla who communicates with humans through sign language, have dropped their sexual harassment lawsuit after reaching a settlement agreement earlier this week." And Justin Scheck of CalLaw.com reports that "Gorilla Lawsuit Nippled in the Bud." Posted at 05:05 PM by Howard Bashman "Litigation Group Argues 50th Supreme Court Case": The organization Public Citizen has issued a press release that begins, "Public Citizen Litigation Group argued its 50th case in front of the Supreme Court on Monday, November 28, in Will v. Hallock, an important case involving citizen access to the courts." Posted at 04:42 PM by Howard Bashman "National Archives to Release Online Materials Relating to Samuel Alito": More documents tomorrow, according to this press release issued today. Posted at 04:30 PM by Howard Bashman "Abortion debate makes Republicans fear for votes": This article will appear in Wednesday's edition of Financial Times. And BBC News provides a report headlined "US abortion rights in the balance?" "EBay Arrives at Supreme Court: A Landmark Patent Case." The blog "Patently-O: Patent Law Blog" provides this post. In advance of the actual oral argument, the case will be mooted before a bench consisting of bobblehead U.S. Supreme Court Justices purchased at auction on eBay, and whichever side appears to receive more nods of agreement from the bench will be adjudged the winner. Posted at 04:05 PM by Howard Bashman "High Court Seems Ready to Dismiss Market-Power Precedent": law.com's Tony Mauro provides a news update that begins, "The Supreme Court on Tuesday seemed ready to hand a victory to patent holders in a closely watched antitrust case that could have a broad impact on intellectual property law." In earlier coverage, Mauro reported that "High Court to Hear Case on 43-Year-Old Antitrust Precedent." And Daniel B. Ravicher has an op-ed entitled "They've Got the Power: The Supreme Court should stick by the antitrust presumption that patents create market power" in the current issue of Legal Times. "BlackBerry Held Hostage: Pay Up--or You're Done For; Patent cases have always been costly; Could they now be fatal too?" The December 12, 2005 issue of Fortune magazine contains an article that begins, "What would Osama bin Laden give to be able to knock out every BlackBerry in America and achieve an instant, sweeping disruption of commerce? The good news is he can't do it. The weird and disconcerting news is that a company called NTP can and, unless it's paid off, probably will sometime before Christmas." Posted at 03:25 PM by Howard Bashman "Court weighs girls' access to abortion; The tribunal hears a case Wednesday on a state's parental-notification law": Warren Richey will have this article in Wednesday's edition of The Christian Science Monitor. And CNN.com reports that "Abortion returns to high court's docket; Justices to hear two high-profile cases this week." "Alito's Appeals Court Record on Race, Gender": This segment (RealPlayer required) appeared on today's broadcast of NPR's "Day to Day." The audio segment seems to conclude with the drum track from The Knack's "My Sharona." Update: In actuality, the music at the end of the segment was "This One" by Scanty Sandwich. Posted at 03:12 PM by Howard Bashman "Liberals Can't Solidify Alito Opposition": The Associated Press provides this report. Posted at 03:08 PM by Howard Bashman Two interesting Seventh Circuit opinions issued today written by Circuit Judge Frank H. Easterbrook: In United States v. Cannon, the court holds that a mandatory third-strike sentence of life imprisonment without parole for cocaine possession with intent to distribute cannot be avoided by a federal district court's finding that the defendant's two earlier felony drug offenses were relatively minor. And in Gates v. Towery, the court examines whether named plaintiffs who have initiated a federal civil rights class action challenging the procedures that Chicago uses for dealing with property that the police seize when making custodial arrests remain viable class representatives after the City provides them with checks for the money that was taken from them upon their arrests and the promise of interest. "Abortion Case Offers U.S. Chief Justice Chance to Reshape Law": Bloomberg News provides this report. Posted at 02:23 PM by Howard Bashman "Abortion and Alito": This segment (RealPlayer required) featuring Law Professor Jack M. Balkin, whose blog you can access here, appeared on today's broadcast of the public radio program "Here & Now." Posted at 02:08 PM by Howard Bashman "Time Warner's Stupid Gag Order: Which Lloyd Grove spits out." Online at Slate, Jack Shafer has a press box essay that begins, "What on earth did Time Warner Chairman Richard D. Parsons have in mind when he waited until the last minute to declare the Nov. 21 interview of Justice Antonin Scalia by Time Inc. Editor in Chief Norman Pearlstine before 100 journalists and businessmen at Time Warner's New York headquarters as 'off the record'?" Posted at 01:48 PM by Howard Bashman "N.H. AG to argue parental notification case": Foster's Daily Democrat contains this article today, along with an article headlined "Even in pro-choice N.H., public favors the law to keep parents involved." Meanwhile, in commentary, The Concord (N.H.) Monitor today contains an editorial entitled "Having a child must not be a punishment." And The Manchester (N.H.) Union Leader contains an editorial entitled "Ayotte's big case: AG makes a name for herself." "Moussaoui's Prosecutors Draft Slew of Questions for Jury Pool": This article appears today in The Washington Post. Posted at 11:50 AM by Howard Bashman "Parents Ask Ninth Circuit to Rehear Sex Survey Case; Liberty Counsel filed a petition requesting the entire Ninth Circuit to rehear the case": The organization Liberty Counsel has issued this press release today. Posted at 11:14 AM by Howard Bashman "Justices Side With Landlord Over Renters": The Associated Press provides this report. Posted at 10:54 AM by Howard Bashman "Pa. Justices Sued for Alleged Violation of Due Process; Epstein Aims at Use of Dismissal to Enforce Appellate Issue Limits": Today in The Legal Intelligencer, Shannon P. Duffy has an article (subscription required) that begins, "Attorney Alan B. Epstein and his firm, Spector Gadon & Rosen, have filed a federal civil rights suit alleging that the Pennsylvania Superior Court violated their due process rights when it dismissed their appeal of a $1.7 million judgment against them on the grounds that they had raised too many appellate issues. The suit was filed by attorneys Richard A. Sprague, Joseph R. Podraza Jr. and Thomas E. Groshens of Sprague & Sprague and names all seven justices of the Pennsylvania Supreme Court as defendants." The Pennsylvania Superior Court ruling about which this newly-filed federal lawsuit complains can be accessed here. The Legal Intelligencer's earlier coverage of that ruling came in an article headlined "Court Tosses Appeal After Finding Lawyers Filed 'Preposterous' Number of Issues." And I focused on that ruling in my January 2005 monthly appellate column, also published in The Legal Intelligencer, entitled "Attempting To Preserve 104 Issues For Appeal Results
In The Preservation Of None." "Clumsy tactics: Fight against military recruitment farfetched." The Independent Florida Alligator, the student newspaper of the University of Florida, today contains this Solomon Amendment-related editorial. Posted at 10:20 AM by Howard Bashman Today's U.S. Supreme Court opinion in an argued case: At "SCOTUSblog," Lyle Denniston has a post titled "Court clarifies jurisdictional issue." Today's unanimous ruling, delivered by Justice Ruth Bader Ginsburg, comes in the case of Lincoln Property Co. v. Roche, No. 04-712 (oral argument transcript here). Posted at 10:00 AM by Howard Bashman "Al Franken Overrules Antonin Scalia": John Nichols has this post at his blog "The Online Beat," hosted by The Nation. Posted at 09:58 AM by Howard Bashman "8th Circuit finds Missouri abortion law unconstitutional": The St. Louis Post-Dispatch contains this article today. And The Kansas City Star reports today that "Panel rules against abortion law." "Top Court to hear N.J. border fight": This article appears today in The Newark Star-Ledger. And The Gloucester County Times reports today that "Border dispute headed to court." "High Court to Tackle Death Penalty Appeals": Gina Holland of The Associated Press provides this report. Posted at 09:44 AM by Howard Bashman "Pa. Supreme Court expenses reviewed; But tighter rules on justices' spending may not save money": This article appears today in The Pittsburgh Post-Gazette. Posted at 07:30 AM by Howard Bashman "Justices Reject F.B.I. Translator's Appeal on Termination": Linda Greenhouse has this article today in The New York Times, along with an article headlined "Justices Agree to Consider EBay Appeal in Patent Case." The Washington Post reports today that "Supreme Court Will Hear eBay Appeal." The Toledo Blade reports that "Richey death sentence is reinstated; U.S. Supreme Court sides with Ohio in 1986 arson murder case." The Lima News reports that "Supreme Court reinstates death penalty against Richey." And The Wilmington News Journal reports that "Supreme Court to rule on gas pier; Del. says N.J. plant would be on its turf." "Jose Padilla's America": This editorial appears today in The Los Angeles Times. Posted at 07:22 AM by Howard Bashman "Case Reopens Abortion Issue for Justices": Linda Greenhouse has this article today in The New York Times. In The San Francisco Chronicle, Bob Egelko reports today that "High court revisits state abortion laws; At issue is N.H. statute that parents must be notified." And The Sacramento Bee reports that "Stakes high for court on abortion." Meanwhile, in commentary, Martha Davis has an op-ed entitled "Conflicting rights" in The Boston Globe. "Offering Abortion, Rebirth: Yes, an Arkansas doctor says, he destroys life; But he believes the thousands of women who have relied on him have been 'born again.'" This lengthy front page article appears today in The Los Angeles Times. Posted at 07:12 AM by Howard Bashman Supreme Court loses its marble: The Washington Post today contains an article headlined "Omen on the High Court? Marble Falls From Building's Facade, Spurring Theories of Symbolism." The Washington Times today contains an article headlined "Supreme Court descent." And The Rutland Herald reports that "High court stones likely quarried in Vermont." "Alito Sided With Federal Authorities; The high court nominee, in 1986 memos, said the FBI could investigate government employees and the IRS could secretly record talks": David G. Savage has this article today in The Los Angeles Times. The New York Times reports today that "Alito Memos Supported Expanding Police Powers." The Boston Globe reports that "Alito, in '80s, had an expansive view of police powers; Voiced stance under Reagan." The Chicago Tribune contains an article headlined "Should Alito's philosophy be fair game? Foes agree nominee is `bright, capable,' but not acceptable." The Newark (N.J.) Star-Ledger reports that "Alito said FBI reach trumped 2 courts; Justice Dept. releases his opinions from '80s." And The New York Sun reports that "The City Council Eyes Resolution Opposing Alito." In commentary, The St. Petersburg Times contains an editorial entitled "Follow the leader: Supreme Court nominee Samuel Alito has shown conspicuous deference to lower courts and a reluctance to recognize racial discrimination." In The Washington Times, John R. Lott Jr. has an op-ed entitled "Biden's risky business." And in The Philadelphia Daily News, columnist John Baer has an op-ed entitled "Arlen sticks to the points, etc." Monday, November 28, 2005 "'86 Alito Memo Argues Against Foreigners' Rights; Work for Justice Dept. Points to Views That May Affect Anti-Terrorism Rulings on High Court": This article will appear Tuesday in The Washington Post. Posted at 11:30 PM by Howard Bashman Available online from law.com: T.R. Goldman has an article headlined "Inside the Alito Memo." And in other news, "Ruling Clears Way for Payment of Austrian Holocaust Claims." In news from Great Britain: Tuesday's edition of The Times of London reports that "Death-row Scot's appeal overturned by Supreme Court." Tuesday's edition of The Scotsman reports that "Richey thrown back on Death Row." Tuesday's edition of The Independent (UK) reports that "Briton could return to death row after US court overrules decision." Tuesday's edition of The Telegraph (UK) reports that "Supreme Court blocks ruling on death row Briton." And Tuesday's edition of The Guardian (UK) reports that "Death row Scotsman's conviction is upheld." "RIM keeps an eye on patent appeal": Tuesday's edition of The Toronto Globe and Mail will contain this article. Posted at 10:04 PM by Howard Bashman "Gambling foes lose big hand; U.S. Supreme Court declines to hear suit challenging New York State's right to OK casinos on Indian land": This article will appear Tuesday in Newsday. Posted at 10:01 PM by Howard Bashman "Lethal landmark for America's death penalty; Tomorrow will mark the 1,000th execution since 1977": This article appears in Tuesday's edition of The Telegraph (UK). Posted at 09:55 PM by Howard Bashman The Associated Press is reporting: Now available online are articles headlined "U.S. Supreme Court agrees to hear NJ suit against Delaware"; "U.S. Supreme Court declines to hear case against newspaper"; and "Jackpot! Court refuses to hear gambling case; U.S. Supreme Court's refusal could open up New York to more casinos on tribal lands." Posted at 09:50 PM by Howard Bashman "Strip-Search Case a Likely Topic at Alito Hearing": FOXNews.com provides this report. Posted at 09:45 PM by Howard Bashman "US Supreme Court to look at patent injunctions": Patti Waldmeir will have this article Tuesday in Financial Times. Posted at 09:10 PM by Howard Bashman "Moore Makes More Now Than As Ala. Justice": The Associated Press provides this report. Posted at 08:15 PM by Howard Bashman "Both Sides of Abortion Debate Speculate on Alito": This segment (RealPlayer required) appeared on this evening's broadcast of NPR's "All Things Considered." Posted at 08:12 PM by Howard Bashman Watch out for the falling granite, Anna Nicole: The U.S. Supreme Court today issued its calendar for the oral argument session beginning February 21, 2006. The calendar reveals that the case of Marshall v. Marshall (previewed here) will be argued on February 28, 2006. Posted at 05:30 PM by Howard Bashman "The Costs of Doing Business": Will Baude's post today at "PrawfsBlawg" about a recent Seventh Circuit ruling that I previously noted in a post titled "The rental cars may be on a budget, but the legal fees apparently are not" has spawned some interesting comments. Posted at 05:24 PM by Howard Bashman "Alito Faulted Government Ethics Office": The Associated Press provides a report that begins, "As a Justice Department lawyer, Samuel Alito quarreled with the head of the government ethics office over proposed requirements on personal financial disclosures, according to documents released Monday." Posted at 04:58 PM by Howard Bashman "Liability Waivers Flawed; Top Court Says Facilities Answerable For Negligence": Today in The Hartford Courant, Lynne Tuohy has an article that begins, "Gregory Hanks and his children had planned a simple day of snow tubing, not launching an epic legal battle." Posted at 04:50 PM by Howard Bashman "Death row Richey's appeal setback; The US Supreme Court has overturned a decision to quash the conviction of a Briton on death row for 18 years": BBC News provides this report. Posted at 04:30 PM by Howard Bashman "Campbell alumnus breaks the mold": Campbell University today issued a news release that begins, "A military brat who never even graduated from an Ivy League school, David Bragdon was more than a little overwhelmed when he got the news he'd been selected to clerk for U.S. Supreme Court Justice Clarence Thomas." Posted at 04:10 PM by Howard Bashman "Appeals court upholds decision striking down Missouri abortion ban": The Associated Press provides this report. Posted at 03:55 PM by Howard Bashman "Should girls have to tell their parents? Teenagers, young women weigh in on abortion case." The Concord (N.H.) Monitor contains this article today. Posted at 03:54 PM by Howard Bashman "Death row: Does personal reform count? A clemency request in California revives the debate over rehabilitation's role." This article will appear Tuesday in The Christian Science Monitor. Posted at 03:50 PM by Howard Bashman "Practicing for the real thing: Mock arguments held for 'Don't Ask, Don't Tell' case headed for Supreme Court." This article, reporting on a recent moot court appearance of mine, appeared in Bay Windows. And on a somewhat related note, the blog "Frequent Citations" offers a post titled "Nonsense and High Ideals." Federal government obtains extension until December 16, 2005 of the due date for its Brief in Opposition to Jose Padilla's cert. petition: The current U.S. Supreme Court docket entries can be viewed at this link. Before the extension was granted, today had been the due date for the federal government's BIO. Posted at 03:30 PM by Howard Bashman "Jurors' Religion Issue in Moussaoui Trial": The Associated Press provides this report. The proposed jury questionnaire that the federal government filed today in the U.S. District Court for the Eastern District of Virginia can be accessed here. Unanimous three-judge Second Circuit panel rejects Fourth Amendment challenge against New York's DNA statute, which requires certain classes of convicted felons to provide DNA samples to be maintained in a state database: You can access today's ruling at this link. The ruling totals 71 pages because each judge on the panel issued an opinion. Posted at 03:00 PM by Howard Bashman Jane Doe regains her anonymity [see correction appended to this post]: The U.S. Court of Appeals for the Seventh Circuit today has taken off-line the Brief for Appellant in the case I previously reported on here, here, and here. I suspect that the brief will be put back on-line once the Circuit Rule 26.1 disclosure statement revealing the plaintiff's actual name is redacted or removed. Correction: Further review of the Seventh Circuit's web site discloses that all that has happened is that the court deactivated the original link for the Brief for Appellant (where that brief had been accessible since it was originally posted online in early June 2005) and last week reposted the brief (in its entirety, including the disclosure statement) at this new link. "Law student argues before U.S. Supreme Court justice": This article appears today in The Journal News of Westchester, New York. Posted at 02:05 PM by Howard Bashman "U.S. Argues to Protect Agents From Suit": The Associated Press provides this report on a case argued today at the U.S. Supreme Court. Posted at 02:00 PM by Howard Bashman Unanimous three-judge Eighth Circuit panel affirms federal district court's grant of summary judgment holding unconstitutional Missouri's ban on "partial-birth" abortion: You can access today's ruling at this link. Posted at 11:25 AM by Howard Bashman "Blawg Review #34": Available here, at the blog "PHOSITA." Posted at 11:15 AM by Howard Bashman BREAKING NEWS -- "Part of Supreme Court Facade Collapses": The Associated Press reports here that "Part of the marble facade on the front of the Supreme Court collapsed Monday morning, falling onto the steps leading into the venerable building. No injuries were reported." Update: Additional details are available in an updated AP report headlined "Pieces of Marble Fall From Court Facade." You can view photos here, here, here, here, here, here, here, here, here, and here. And in case anyone was worried, Lyle Denniston at "SCOTUSblog" has a post titled "The Court is NOT falling down." Today's U.S. Supreme Court Order List and per curiam summary reversal: Today's Order List can be accessed here. The Court today granted review in three cases and asked for the views of the Solicitor General in an additional case. Also, the Court issued a unanimous per curiam summary reversal in Bradshaw v. Richey, No. 05-101. At "SCOTUSblog," Lyle Denniston provides an early report in a post titled "Court to hear three new cases." And in news coverage, Gina Holland of The Associated Press reports that "Court Throws Out Ohio Death Case Ruling." The AP also reports that "Supreme Court Denies FBI Translator's Case" and "Supreme Court Passes Up PLO Case." James Vicini of Reuters reports that "Court allows punishment sign for mail thief" and "Supreme Court rejects appeal by fired FBI linguist." Reuters also reports that "Supreme court to hear eBay patent appeal" and "Court seeks gov't view on Weyerhaeuser." "Group To Study Solomon; HLS students will examine ways to curb effects of the Solomon Amendment": This article appears today in The Harvard Crimson. And The Arbiter of Boise State University today contains an article headlined "BSU has not joined national debate about military recruitment on campus." "Liberal concerns about abortion: Pro-choicers need to face the reality of abortion today; In too many cases, it's not a sign that women are in control; It's a sign that they aren't." Garance Franke-Ruta has this essay (pass-through link) in today's issue of The New Republic. Posted at 09:35 AM by Howard Bashman At the risk of being one of those blogs that highlights earlier posts for readers who may have missed them: This past Wednesday night, on the eve of the Thanksgiving holiday weekend, Justice Stephen G. Breyer appeared on CNN's "Larry King Live." As I noted in this earlier post, a transcript of the broadcast can be accessed here. Posted at 09:33 AM by Howard Bashman "Being Quoted 'on the Record' on What You Might Have Said": The New York Times today contains an article that begins, "The journalistic phrase 'off the record' seemed to lose all meaning last week at an event featuring Justice Antonin Scalia of the Supreme Court. He was the latest guest in a Time Warner series of interviews conducted by Norman Pearlstine, the departing editor in chief of Time Inc. Just before the program began on Monday, Richard D. Parsons, chairman of Time Warner, told the audience of more than 100 journalists and businesspeople that what was said was off the record. But both The New York Daily News and The New York Post subsequently ran articles about the event, quoting Mr. Scalia and reflecting his views on a range of subjects." The referenced items can be accessed here (NY Daily News) and here (NY Post). "Rulings spur proposal to break up court; Its reversals of death-penalty cases open old wounds for police, families": The Press-Enterprise of Riverside, California today contains an article that begins, "The 9th U.S. Circuit Court of Appeals is the nation's largest judicial circuit, with 28 judgeships covering nine states, including California. It handles three times more appeals than the average for the other federal circuits. A proposal in Congress aims to break it up." Posted at 09:15 AM by Howard Bashman "Will Roberts steer court to protect rights of gays?" Columnist Deb Price has this op-ed today in The Detroit News. Posted at 09:05 AM by Howard Bashman "Exemptions for health prove murky; In practice, abortion laws that include provision can be tricky": The Concord (N.H.) Monitor today contains an article that begins, "The state's parental notification law is being challenged before the U.S. Supreme Court because it doesn't give a minor the opportunity to bypass the law and get an abortion if her health is at risk. But even in states that provide such an exemption, the definition of a heath risk can change from one doctor to the next." And in commentary, The Free Lance-Star of Fredericksburg, Virginia today contains an editorial entitled "Dissent on consent; Parental rights at issue in Supreme Court abortion case." "A clash of traditions: Lawyers vs. cowboys; Man's death in bullring at Mexican-style rodeo brings American-style reaction in Lake County." This article appears today in The Chicago Tribune. Posted at 08:50 AM by Howard Bashman "Judge in Indian Case Holds Little Back": The Associated Press provides a report that begins, "U.S. District Judge Royce Lamberth may have long ago chosen to work in straight-laced Washington, but he radiates his love for his home state of Texas." The article goes on to state, "Lamberth's decisions, however, have been anything but boring. Fans and detractors alike have marveled at how this cowboy has sided with the Indians." Posted at 08:15 AM by Howard Bashman "Alito's Record Provides a Target, Creates Risks for Democrats": Bloomberg News provides this report. Meanwhile, in commentary, The Salem Statesman Journal today contains an editorial entitled "Oregon cases show impact of justice selections; Much of national debate over Samuel Alito is off the mark." The Allentown Morning Call contains an editorial entitled "Ads that use emotion, distort Alito record are a dis-service to confirmation process." The Times Argus of Barre, Vermont contains an editorial entitled "Who's the sucker?" In The Baltimore Sun, Law Professors Steven Lubet and David McGowan have an op-ed entitled "Judicial temperament." And in The South Florida Sun-Sentinel, Gary Cass has an op-ed entitled "Alito fits mold of mainstream." "The stage is set: As local players line up on either side, New Hampshire's attorney general on Wednesday will try to persuade US Supreme Court justices to reinstate a controversial abortion notification law." This article appears today in The Boston Globe. Posted at 06:30 AM by Howard Bashman "Alito and Abortion: Roe v. Wade was wrongly decided, but he shouldn't say if he'd overturn it." Roger Pilon has this op-ed today in The Wall Street Journal. Posted at 06:20 AM by Howard Bashman Sunday, November 27, 2005 "Poll: Americans back abortion limits, oppose ban; Supreme Court set to hear cases on notification, clinic protests." CNN.com provides this report. Posted at 11:33 PM by Howard Bashman "Alito keeps favor of conservatives, moderates": This article will appear Monday in USA Today. And in somewhat related news, Monday's edition of The New York Times will contain a profile headlined "Intense, Yes, but Not Always Hugely Successful" of Steve Schmidt, described as among other things "chief White House strategist in charge of selling the Supreme Court nomination of Judge Samuel A. Alito Jr. on Capitol Hill." Monday's edition of The New York Times reports on foreign judges: Tomorrow's newspaper will contain articles headlined "Tribunal Leader in Hussein's Case Is Target of Plot" and "A Judge Tests China's Courts, Making History." Posted at 10:55 PM by Howard Bashman "Advocacy Groups Targeting Vulnerable Senators on Alito Vote": This article will appear Monday in The Washington Post. Posted at 10:50 PM by Howard Bashman "Court considers expense account revisions; Changes could be implemented in January": The Harrisburg Patriot-News today contains an article that begins, "One month after The Patriot-News reported on spending by the state's top court justices, Supreme Court Chief Justice Ralph Cappy wrote an e-mail suggesting revisions to the judges' expense accounts." Posted at 07:52 PM by Howard Bashman "Judicial Independence: Packing the courts." This editorial will appear Monday in The Seattle Post-Intelligencer. Posted at 07:50 PM by Howard Bashman "The Solomon choice: By standing up for the right to oppose the military's 'don't ask, don't tell' policy, some fear law schools could undermine two landmark civil rights laws." The Boston Globe today contains this article. And Minnesota Public Radio today provides a written report headlined "Universities and federal government at odds over military recruiting." "Abortion Wars, Once Again: The case being argued this week before the Supreme Court may determine just how far state restrictions can go." This article will appear in the December 5, 2005 issue of U.S. News & World Report. Posted at 06:30 PM by Howard Bashman "Court guide on abortion limits access; Rules keep judicial review to work hours": The Concord Monitor today contains an article that begins, "Attorney General Kelly Ayotte is defending the state's abortion law by arguing that it doesn't need a health exception because girls who can't tell a parent they need an emergency abortion can ask a judge for permission at any hour, even on weekends and holidays. But the rules the state Supreme Court has approved for a 'judicial bypass' do not give a pregnant girl or her doctor anything close to the access Ayotte envisions. The rules allow a doctor to fax a bypass request for an emergency abortion to a court at any time, but they clearly state that the fax machine would not be checked until the next business day." Posted at 06:20 PM by Howard Bashman In news and commentary from Hawaii: The Honolulu Advertiser yesterday contained an article headlined "Court rejects group's cave danger claim." And The Honolulu Star-Bulletin yesterday contained an op-ed entitled "Don't rely on court to uphold aerial ban." "Splitting 9th Circuit bad for Ariz." Columnist Jim Kiser has this op-ed today in The Arizona Daily Star. Last Monday, The Arizona Republic contained an op-ed by Roxie Bacon and Don Bivens entitled "Rhetoric, not 9th Circuit, is what's overloaded." In response to that op-ed, the newspaper yesterday printed a letter to the editor under the heading "'9th Circus' is a court full of clowns." And in somewhat related news, The Seattle Times yesterday published an article headlined "Once again, Magnuson the talk of Washington." "Parents, Children, Sex and Judges": Columnist Ruth Marcus has this op-ed today in The Washington Post. Posted at 03:25 PM by Howard Bashman "Medical marijuana case heads back to court": Thursday's edition of The Contra Costa Times contained this article. Posted at 03:24 PM by Howard Bashman "Abortion case could hinge on a vote by Alito": This article appears today in The Washington Times. The Boston Globe today contains an editorial entitled "Alito's attitudes." And in The Los Angeles Times, Law Professor Goodwin Liu has an op-ed entitled "Life and death and Samuel Alito: All the attention being paid to the nominee's position on abortion has diverted attention from his history with capital punishment." "Abortion law troubles both sides; Florida's law requiring a teen to win judicial permission for an abortion without notifying her parents has critics questioning its efficacy": The Miami Herald contains this article today. Posted at 08:20 AM by Howard Bashman "USU twins helped put Roberts on high court; Which one is which? Both land jobs on the Judiciary Committee and cause some double takes." This article appears today in The Salt Lake Tribune. Posted at 08:17 AM by Howard Bashman "Why keep cameras out of the court? We can watch Paris having sex, but we can't see our Supreme Court justices deliberate; Weird." Columnist Steve Chapman has this op-ed today in The Chicago Tribune. Posted at 08:15 AM by Howard Bashman Saturday, November 26, 2005 The Associated Press is reporting: Now available online are articles headlined "Alito's Abortion Stance Tough to Decipher" and " |
