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Thursday, November 19, 2009 "The Real Price of Trying KSM: Defense lawyers will inevitably create bad law." David Feige has this jurisprudence essay online at Slate. Posted at 08:50 PM by Howard Bashman "Fla. jury awards $300 million in ex-smoker's suit": The Associated Press has this report. Posted at 07:28 PM by Howard Bashman "U.S. Senate confirms Hoosier nominee": The Indianapolis Star has this news update. The Journal Gazette of Fort Wayne, Indiana has a news update headlined "Hoosier judge confirmed to appeals court." Warren Richey of The Christian Science Monitor reports that "Senate OK's David Hamilton to be US appeals court judge; Judge David Hamilton is elevated to the US appeals court, after GOP effort to stall a vote failed; Republican resistance signals more political fights are likely over Obama's nominees to the federal bench." Bloomberg News reports that "Senate Confirms Obama Federal Appeals Court Nominee." And Politico.com reports that "Senate confirms controversial judge." "Jesus vs. Allah: The fight over God's secular title." Dahlia Lithwick will have this essay in the November 30, 2009 issue of Newsweek. Posted at 07:10 PM by Howard Bashman "Senate confirms controversial judge": The Associated Press has a report that begins, "The Senate has confirmed David Hamilton for the Chicago-based federal appeals court after Democrats stopped a Republican filibuster. Conservatives targeted Hamilton, labeling him a liberal activist. Hamilton, a U.S. district judge from Indiana, was approved 59-39 and became the eighth of President Barack Obama's judicial nominees to win confirmation. He is the third nominee confirmed to serve on an appeals court." You can access the U.S. Senate's official roll call vote tally at this link. Ninth Circuit upholds order refusing to allow Campaign for California Families to intervene in lawsuit challenging the constitutionality of Proposition 8, a state ballot initiative restricting the definition of marriage to the union of a man and a woman: You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link. Posted at 02:44 PM by Howard Bashman The paragon of recusal: The Associated Press reports that "6 Ala. judges recuse themselves from Paragon suit." Posted at 12:18 PM by Howard Bashman "Court Upholds Recognition of Gay Marriages in Narrow Ruling": The "City Room" blog of The New York Times has a post that begins, "The state's highest court rejected a challenge by opponents of same-sex marriage to policies that recognize same-sex marriages performed in other states, though the decision gives gay advocates a small victory because it applies to a relatively limited number of people." And The Associated Press has a report headlined "NY court: Married gay couples entitled to benefits." You can access today's ruling of the New York State Court of Appeals -- that State's highest court -- at this link. "Kennedy's School-Press Incident Wasn't the First": Today in The Wall Street Journal, Jess Bravin has an article that begins, "Justice Anthony Kennedy got into a messy situation this month after a widely circulated report that his office made a school newspaper get permission before running an article about the justice. It turns out the incident at New York's Dalton School wasn't the only such case. In October, student press at George Washington University faced a similar requirement when covering Justice Kennedy's Oct. 15 lecture to a law school audience." Additional related coverage can be accessed via this post of mine from last night. "Holder Defends Decision to Use U.S. Court for 9/11 Trial": Charlie Savage has this article today in The New York Times. The Washington Post reports today that "Holder answers to 9/11 relatives about trials in U.S.; Views mixed Attorney general also faces questions in Senate hearing." The Los Angeles Times reports that "Obama and Holder defend plans to try Sept. 11 suspects; Republican lawmakers question whether a civilian trial would be successful and say it might again make New York a terrorist target; Holder counters: 'We need not cower in the face of this enemy.'" Warren Richey of The Christian Science Monitor has an article headlined "Holder: 'Failure not an option' in New York 9/11 terror trial; But Attorney General Eric Holder also told senators Wednesday that accused 9/11 mastermind Khalid Sheikh Mohammed could be detained indefinitely if acquitted in a New York terror trial." The Monitor also reports that "New York divided over 9/11 terror trials; New York has seen seven major terror trials in the past, the most of any city in America; But residents -- both ordinary citizens and elected officials -- appear to be split over the decision to try the perpetrators of the 9/11 attacks in the city." USA Today reports that "Obama predicts execution in 9/11 case; President confident in justice system." Evan Perez of The Wall Street Journal reports that "Holder Is Confident of 9/11 Convictions." James Rosen of McClatchy Newspapers reports that "GOP senators, Holder clash over New York trials for 9/11 plot." And The Washington Times reports that "Holder suggests acquittal won't free terrorist; Defends trial in New York." Meanwhile, from the Guantanamo Bay Navy Base in Cuba, Carol Rosenberg of The Miami Herald has articles headlined "Broken deadline not a surprise at Guantanamo; No reinforcements, and no surprise at Guantanamo, as word spread that President Barack Obama confirmed the White House will miss its closure deadline" and "Guantanamo war court back in session." "Some Courts Raise Bar on Reading Employee Email; Companies Face Tougher Tests to Justify Monitoring Workers' Personal Accounts; Rulings Hinge on 'Expectation of Privacy'": Dionne Searcey has this article today in The Wall Street Journal. Posted at 09:24 AM by Howard Bashman "Texas marriages in legal limbo because of constitutional amendment, candidate says": In yesterday's edition of the Fort Worth Star-Telegram, Dave Montgomery had an article that begins, "Texans: Are you really married? Maybe not. Barbara Ann Radnofsky, a Houston lawyer and Democratic candidate for attorney general, says that a 22-word clause in a 2005 constitutional amendment designed to ban gay marriages erroneously endangers the legal status of all marriages in the state." Posted at 09:20 AM by Howard Bashman "4 for the 4th Circuit; Obama Moves Quickly to Fill Vacancies, But Will Nominees Change Court's Conservative Outlook?" David Ingram of The National Law Journal has this report. Posted at 09:00 AM by Howard Bashman "Judge orders compensation for gay couple who were denied healthcare, other benefits; Skirting the Defense of Marriage Act, a 9th Circuit judge orders that a federal attorney be reimbursed the costs associated with the denial of coverage for his husband": Carol J. Williams has this article today in The Los Angeles Times. Today in The San Francisco Chronicle, Bob Egelko reports that "Ruling favors married gay federal lawyer." Denny Walsh of The Sacramento Bee reports that "Judge rules same-sex couple must be repaid after denial of benefits." And The Associated Press has a report headlined "Judge: Feds must grant gay lawyer insurance pay." Circuit Judge Stephen Reinhardt is the author of yesterday's order of the U.S. Court of Appeals for the Ninth Circuit.  
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