How Appealing

Saturday, December 31, 2005


"Batting About .500 on Review; Sometimes High Court Agreed With Alito, Sometimes Not": This article will appear Sunday in The Washington Post.
Posted at 10:12 PM by Howard Bashman



"A New Justice, an Old Plea: More Money for the Bench." In Sunday's edition of The New York Times, Linda Greenhouse will have an article that begins, "Chief Justice John G. Roberts Jr., delivering his first year-end report after three months on the job, took up the call often heard from his predecessor for increased pay for federal judges."
Posted at 08:20 PM by Howard Bashman



"Alito, In and Out of the Mainstream; In Analysis, Nominee Defies Portrayals by Left and Right": This lengthy front page article will appear Sunday in The Washington Post.

Accompanying the article are an item headlined "About the Analysis"; some charts; "Alito's Votes by Case"; and "Alito's Votes by Issue."
Posted at 08:15 PM by Howard Bashman




The blog "Underneath Their Robes" is no longer underneath the thumb of the U.S. Department of Justice: David B. Lat, who blogged under the pseudonym "Article III Groupie," is no longer employed by the Article II U.S. Department of Justice. The Newark (N.J.) Star-Ledger today contains an article headlined "Mystery blogger quits U.S. Attorney's Office; Spokesman: Author of spicy judiciary Web column not forced out." And, in an amazing coincidence, the blog "Underneath Their Robes" is now back online.

It is too soon to know whether new substantive posts will be appearing online at "UTR." Lat, who ironically just left essentially the same job as an appellate attorney with the New Jersey U.S. Attorney's Office that U.S. Supreme Court nominee Samuel A. Alito, Jr. once held in the late 1970s, may find it difficult to refrain from blogging Judge Alito's confirmation hearing, which is scheduled to get underway in a little over one week from now.

I would have posted about this news sooner, except that I coincidentally spent most of the day in snowy northern New Jersey, where word on the street was that Lat may also soon be operating a second blog under the pseudonym "Guy Who Really, Really, Honest to Goodness Wasn't Fired for Secretly Operating a Gossipy Blog about the Federal Judiciary while Employed as an AUSA."

Update: In regional coverage from The Associated Press, "Author of sassy judiciary Web log leaves U.S. Attorney's Office." The nationwide AP article is currently headlined "Spicy Blogger Leaves Attorney's Office."

Elsewhere in the blogosphere, you can access coverage from "Althouse," "Appellate Law & Practice," "Blawg Review," "Concurring Opinions," "The Volokh Conspiracy," and "Workplace Prof Blog."
Posted at 07:55 PM by Howard Bashman




"School officials will pay for D.C. trip": The Trenton Times today contains an article that begins, "Stung by accusations they were abusing the public trust, school officials said yesterday they will not use district money to pay for their upcoming trip to Washington, D.C., for the Supreme Court confirmation hearings of Judge Samuel A. Alito Jr. Now they will pay for the trip with their own money."
Posted at 08:35 AM by Howard Bashman



Best wishes for a happy, healthy, and rewarding 2006: Thanks so much to the thousands upon thousands of readers who visited "How Appealing" in 2005, and extra special thanks to those of you who took the time to email information, ideas, links, or attachments that led to postings here.

2006 promises to be an exciting year for this web log. Before the end of April, this site will experience a redesign and will also move to a new online address. Those who arrive here via appellateblog.com will continue to be taken directly to this blog's updated front page, while I'll do my best to provide plenty of notice for everyone else.

On January 9, 2006, the confirmation hearing for U.S. Supreme Court nominee, and the Third Circuit's own, Samuel A. Alito, Jr. will begin. Stay tuned for complete coverage. Also on that date, I'll officially become a weekly columnist for law.com. So, instead of not having anything to write about once a month, as evidenced by five years' worth of columns for The Legal Intelligencer, I'll get to experience that panic four times as often. At least the pay will be infinitely better.

2005 included blog-related speaking trips to California, Illinois, Massachusetts, Michigan, and Texas. Thanks to all of the fans of this site who took the time to visit with me and make those trips so memorable.

2005 also marked the first full year in which my solo appellate boutique was in operation, and this year's results far exceeded my law firm's fine results from 2004. Being able to practice appellate litigation at an office located five minutes from home for a most appreciative and diverse collection of clients is an incredibly rewarding experience. And I offer special thanks to those readers of this blog who sent appellate work to me in 2005.

In May 2006, "How Appealing" will celebrate its fourth anniversary. When I began this blog on May 6, 2002, I had no idea I was on the verge of creating a site that would turn out to be the one place on the internet where information is transmitted instantaneously to this Nation's entire community of appellate judges and practitioners, not to mention federal judicial nominees, journalists, law professors, and law students. It is both an honor and a responsibility to be the author of this site, and I can only hope that in the future I will perform that function at least as well as I have in the past.

In conclusion, I wish all the best for 2006 to all of this web log's many readers. Thank you for encouraging me in this endeavor and for making it worthwhile.
Posted at 08:30 AM by Howard Bashman




"A Chorus of Hoover Critics; More conservatives join the call to take his name off the FBI Building": The Los Angeles Times today contains an article that begins, "Every year for the last three years, Rep. Dan Burton, a Republican from Indiana, has introduced a bill to strip J. Edgar Hoover's name from the FBI's headquarters -- an initiative that has been largely ignored. Now, however, amid headlines about possibly illegal government surveillance of Americans inside the United States, the effort to rename the Hoover building is starting to attract more supporters, most recently U.S. Circuit Judge Laurence H. Silberman, a Republican who was a leader of the presidentially appointed commission on pre-Iraq-war intelligence."
Posted at 08:02 AM by Howard Bashman



"California nominee for top court praised": Bob Egelko has this article today in The San Francisco Chronicle.
Posted at 08:00 AM by Howard Bashman


Friday, December 30, 2005


"Hinckley Can Leave D.C. Area for First Time; Judge Allows Va. Visits For Reagan Assailant": This article will appear Saturday in The Washington Post.
Posted at 10:52 PM by Howard Bashman



In Saturday's edition of The New York Times: An article will report that "Criminal Inquiry Opens Into Spying Leak."

Neil A. Lewis will have an article headlined "Padilla Lawyers Urge Supreme Court to Block Transfer."

And Adam Liptak will have an article headlined "So, Guy Walks Up to the Bar, and Scalia Says...." A related graphic is here.
Posted at 10:45 PM by Howard Bashman




"Facts Still in Dispute in Evolution Sticker Case; 11th Circuit seeks Georgia board's timeline of disclaimer program": law.com provides this report.
Posted at 10:40 PM by Howard Bashman



"Dover and Out: The Dover ruling sends a message across the country." Jerry Coyne has this essay (pass-through link) online at The New Republic.
Posted at 05:25 PM by Howard Bashman



Jose Padilla is willing to stay in military custody for a few more weeks if that's what it takes to get his cert. petition granted: Padilla's attorneys this afternoon filed this response in the U.S. Supreme Court to the federal government's "Application Respecting the Custody and Transfer of Jose Padilla."

Update: At "SCOTUSblog," Lyle Denniston has a post titled "Padilla urges Court to wait on release."
Posted at 03:54 PM by Howard Bashman




Chief Justice John Jay bobblehead doll not included: You can preview The Green Bag Almanac and Reader 2006, which is scheduled to be available for purchase in just a few weeks, by clicking here.
Posted at 03:45 PM by Howard Bashman



"What Is 'Cruel and Unusual'?" Benjamin Wittes has this article in the December 2005/January 2006 issue of Policy Review, a publication of the Hoover Institution.

The essay begins, "The Eighth Amendment is a jurisprudential train wreck. Its proudly humane language banning 'cruel and unusual punishments' may remain among the Bill of Rights' most famous sound bites, but nobody today has the faintest clue what it means. The reason is as simple as it is sad: The Supreme Court's case law has left the amendment without coherent meaning."

Thanks to "Sentencing Law and Policy" for the pointer.
Posted at 02:20 PM by Howard Bashman




"Since a jury verdict must be unanimous, a jury united as to guilt but divided as to an affirmative defense (such as insanity) is necessarily a hung jury." Circuit Judge Alex Kozinski, on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit, issued this interesting opinion today. In the opinion, the Ninth Circuit answers in the affirmative the question "whether a jury must unanimously reject an affirmative defense before it can find a defendant guilty."
Posted at 02:00 PM by Howard Bashman



"Justices say spanking went overboard": The Justices serving on the Supreme Court of South Dakota know an unreasonable spanking when they see it, The Associated Press reports here. Wednesday's ruling can be accessed at this link.
Posted at 11:45 AM by Howard Bashman



"Trademark office OKs 'Dykes on Bikes'; Motorcycle group's name on its way to becoming registered": This article appeared earlier this month in The San Francisco Chronicle. And The Bay Area Reporter contains an article headlined "Dykes on Bikes scores legal win." The trademark application's current status can be accessed here.
Posted at 11:28 AM by Howard Bashman



Supreme Court of Pennsylvania reaffirms harsh, bright-line appellate waiver ruling, even though that approach is contrary to the applicable Pennsylvania Rule of Appellate Procedure: My monthly appellate column from June 2004, titled "Waiving Goodbye To Your Best Issues On Appeal," provided this background:
Pennsylvania Rule of Appellate Procedure 1925(b) provides that after a party files a notice of appeal, the trial court "may enter an order directing the appellant to file of record in the lower court and serve on the trial judge a concise statement of the matters complained of on the appeal.... A failure to comply with such direction may be considered by the appellate court as a waiver of all objections to the order, ruling or other matter complained of."

Rule 1925(b) has a laudable purpose: the rule allows the trial court to determine whether a sufficient explanation of the reasons for the ruling or rulings to be challenged on appeal already exists in the record. If the trial court concludes that additional explanation is merited, the trial court can issue a new opinion in support of the ruling(s) being challenged on appeal.

As written, Rule 1925(b) is unobjectionable. Unfortunately, judicial decisions finding waiver under Rule 1925(b) apply that rule of procedure far more broadly than its plain language dictates. Perhaps the most significant departure from Rule 1925(b)'s plain language came in the Supreme Court of Pennsylvania's ruling in Commonwealth v. Lord (1998). There, Pennsylvania's highest court held, notwithstanding Rule 1925(b)'s plain language that an appellate court "may" find waiver if the rule's requirements are not complied with, that a failure to comply with Rule 1925(b) mandates a finding of waiver.

Yesterday, the Supreme Court of Pennsylvania issued two rulings that reaffirmed, by identical votes of 6-1, the court's 1998 decision in Lord. Both of yesterday's rulings are available online (first majority opinion; first dissenting opinion; second majority opinion; second dissenting opinion).
Posted at 11:15 AM by Howard Bashman



"Should the 9th Circuit be split?": Law Professor Carl W. Tobias has this op-ed today in The Washington Times.
Posted at 11:04 AM by Howard Bashman



"Court upholds GM on religion; No bias in refusal of Christian group": The Chicago Tribune today contains an article that begins, "A born-again Christian who sued General Motors Corp. when the automaker denied his request to form a company-sponsored Christian group lost his appeal Thursday in a lawsuit claiming religious discrimination." And The Associated Press reports that "Court Rules GM Program Not Discriminatory."

My earlier coverage of yesterday's ruling of the U.S. Court of Appeals for the Seventh Circuit can be accessed here.
Posted at 10:33 AM by Howard Bashman




"In 2005, the California Supreme Court issued decisions in 26 death penalty appeals, affirming all 26 death sentences." So begins this post today at "Criminal Appeal."
Posted at 10:24 AM by Howard Bashman



"Fort Trumbull: City Still Unsure Where Gov. Rell Stands On Plan." The Day of New London, Connecticut today contains an article that begins, "City officials continue to grapple with what some see as mixed signals from the administration of Gov. M. Jodi Rell about her support for the redevelopment of the Fort Trumbull neighborhood."
Posted at 10:00 AM by Howard Bashman



In today's edition of The Boston Globe: An article reports that "Same-sex couple's lawsuit a test of tolerance in Ireland; Tax case seeks marital recognition."

And Law Professor Charles Fried has an op-ed entitled "The case for surveillance."
Posted at 09:50 AM by Howard Bashman




"Green groups oppose Alito bid": The Washington Times contains this article today.
Posted at 07:33 AM by Howard Bashman



"Woman files suit over sex assault; Nineteen-year-old seeks unspecified damages from Gregory Haidl, his two friends, his father and others": This article appears today in The Orange County Register.

And The Los Angeles Times reports today that "O.C. Sex Assault Victim Sues Her 3 Attackers."
Posted at 07:28 AM by Howard Bashman




"Democrats Try To Block Kavanaugh Bid": The New York Sun today contains an article that begins, "With so much attention focused on Supreme Court nominee Samuel Alito, President Bush's lower-court nominees have drawn relatively little notice in recent months. But a quiet maneuver last week by Senate Democrats aimed at blocking one of the president's closest advisers from the federal bench has set the stage for a potentially ferocious battle early next year."
Posted at 07:18 AM by Howard Bashman


Thursday, December 29, 2005


"Magna Cum Saudi": This Solomon Amendment-related editorial appears today in Investor's Business Daily. The editorial begins, "Representatives of autocratic theocracies that finance terror, oppress women and consider homosexuality a capital crime are welcomed at Harvard and other campuses. But not the U.S. Marines."
Posted at 10:33 PM by Howard Bashman



"U.S. Marshals Provide Wide Range of Services": This segment (RealPlayer required) appeared on this evening's broadcast of NPR's "All Things Considered."
Posted at 10:20 PM by Howard Bashman



Available online from law.com: Mary M. Cheh has a commentary entitled "After 25 Years of Work, Conservatives Demand Their Justices."
Posted at 10:15 PM by Howard Bashman



Is the very existence of the Oregon Court of Appeals unlawful? Not surprisingly, the judges on that court don't seem to think so: The blog "OrCon Law" offers a post titled "Oregon Court of Appeals Confirms its own Existence" about this ruling issued yesterday.
Posted at 09:10 PM by Howard Bashman



Bork sued by two girls who were suspended from a Christian high school on suspicion that they were lesbians: The Press-Enterprise of Riverside, California last week published articles headlined "Ousted girls sue church school; The lawsuit says they were suspended because the principal suspected they were gay" and "Judge: Teens' names cannot be released; Two girls say a private school expelled them because they were suspected of being gay." Defendant Bork is not former D.C. Circuit Judge Robert H. Bork; rather, it's the school's principal, Pastor Gregory Bork.

In other coverage, The Associated Press reports that "Calif. Teens Accused of Being Lesbians Sue."
Posted at 09:04 PM by Howard Bashman




"Slate's Jurisprudence: The Year In Law." This segment (RealPlayer required) featuring Dahlia Lithwick appeared on today's broadcast of NPR's "Day to Day."
Posted at 04:28 PM by Howard Bashman



Delaware-based U.S. District Court properly denied confirmation of Armstrong World Industries' bankruptcy reorganization plan, U.S. Court of Appeals for the Third Circuit rules: Those interested in asbestos-related bankruptcy proceedings and/or the law of "cram down" may find today's ruling of interest.
Posted at 04:15 PM by Howard Bashman



Today's rulings of note from the U.S. Court of Appeals for the Seventh Circuit: Notwithstanding recent coverage in The New York Times, the problem persists. Today, Circuit Judge Richard A. Posner, on behalf of a unanimous three-judge panel, issued an opinion that begins, "At the risk of sounding like a broken record, we reiterate our oft-expressed concern with the adjudication of asylum claims by the Immigration Court and the Board of Immigration Appeals and with the defense of the BIA's asylum decisions in this court by the Justice Department's Office of Immigration Litigation."

And a separate ruling issued today holds that General Motors' Affinity Group Guidelines, which prohibit the conferral of Affinity Group status on any group promoting or advocating a religious position, did not constitute discrimination on the basis of religion by GM against an employee who sought to initiate a Christian Employee Network.
Posted at 04:11 PM by Howard Bashman




"Like the wheels on a bus, this issue has gone round and round the bankruptcy courts." The U.S. Court of Appeals for the Fifth Circuit yesterday issued an opinion (posted online today) that begins:
This case concerns the classification of a school bus under the Louisiana statute that outlines exemptions available in a bankruptcy. Specifically, the question is whether a school bus is a tool or a motor vehicle under the state's exemption statute. Like the wheels on a bus, this issue has gone round and round the bankruptcy courts. For the reasons stated below, we hold that a school bus is a motor vehicle under Louisiana's exemption statute.
Circuit Judge Fortunato P. Benavides is the opinion's author.
Posted at 04:00 PM by Howard Bashman



Attorney's willful failure to pay income taxes did not justify order disbarring him from practice in the U.S. District Court for the Eastern District of Virginia, Fourth Circuit panel rules: Today's ruling of the U.S. Court of Appeals for the Fourth Circuit -- holding that willful failure to pay income taxes is not a "serious crime" -- can be accessed here.
Posted at 03:50 PM by Howard Bashman



"Adult store gives up 6-year fight; The city said Christal's was in a prohibited area; Its owners lost a U.S. Supreme Court ruling in 2004 but kept fighting; Mounting fines apparently led to the closure": The Denver Post contains this article today. The U.S. Supreme Court's ruling from June 2004 can be accessed here.
Posted at 03:40 PM by Howard Bashman



"Flour in condoms sent her to jail; A college student spent 3 weeks in jail after a field test said she was carrying drugs; She filed a lawsuit": This article appears today in The Philadelphia Inquirer.
Posted at 02:14 PM by Howard Bashman



"The Professor of Terror: Why Sami al-Arian got off this time." Ronald Radosh has this essay in the January 2, 2006 issue of The Weekly Standard.
Posted at 02:00 PM by Howard Bashman



"Hunt is on for the blawgger of Ealing; An anonymous London magistrate is lifting the lid on what the courts are really like": The Times of London today contains this article reporting on the blog "The Law West of Ealing Broadway." The article begins, "It is a question that is exercising some of Britain's greatest legal minds: who is the blogging magistrate from West London baring almost all in his online diary?" The article closes with a note recounting the story of Article III Groupie and the now-defunct "Underneath Their Robes" blog.
Posted at 01:54 PM by Howard Bashman



"Disability act raised in capital case; Condemned inmate's lawyers raise novel angle in appeal to governor": The Sacramento Bee today contains an article that begins, "State executioners will be violating the Americans with Disabilities Act if they make the aged and infirm Clarence Ray Allen walk the final steps to his death, the condemned murderer's attorneys say."
Posted at 01:38 PM by Howard Bashman



Death and taxes: Back in September 2004, "TaxProf Blog" had a post titled "District Court Stops Sale of 'Tax Toolbox.'" Today the "Tax Toolbox" is one step closer to death as the U.S. Court of Appeals for the Sixth Circuit has issued a ruling affirming the permanent injunction that prohibits its creator from promoting, marketing or selling the program. Some additional information is available in this USDOJ press release from September 2004.
Posted at 11:48 AM by Howard Bashman



Colorado-based federal district judge preliminarily enjoins certain federal regulations imposing record-keeping requirements on the producers of pornography: The Free Speech Coalition has issued a press release entitled "Judge Miller Has Issued a Ruling on Plaintiff's Motion for a Preliminary Injunction in Free Speech Coalition v. Gonzales."

You can access yesterday's ruling of the U.S. District Court for the District of Colorado at this link. Adult Video News reports that "Judge Rules in Favor of Industry On 2257 Case." And The Associated Press provides additional coverage.
Posted at 11:23 AM by Howard Bashman




"New Papers Released on Supreme Court Nominee Alito": This segment (RealPlayer required) featuring Tom Goldstein appeared on today's broadcast of NPR's "Morning Edition."
Posted at 09:12 AM by Howard Bashman



"Judge Alito and Executive Power": At "Balkinization," Sandy Levinson has a post this morning that begins, "Samuel Alito may turn out, perhaps fortunately for the rest of us, to be a victim of cruel fate, being the wrong person in the wrong place at the wrong time."
Posted at 07:20 AM by Howard Bashman



"Alito Urged Government Not to Appeal Black Panther Case": Charles Lane has this article today in The Washington Post.

In The Boston Globe, Charlie Savage reports that "Black Panther case shifts a debate on Alito; Nominee once argued that civil rights suit shouldn't be blocked." The newspaper also contains an editorial entitled "Scales of justice tipped."

The Newark (N.J.) Star-Ledger reports that "Alito urged U.S. to back off plea in Panther case."

In The Pittsburgh Post-Gazette, Michael McGough reports that "Feds release more Alito files as Reagan aide."

The New York Sun reports that "Documents Show Alito As Cautious."

The Washington Times reports that "New documents show Alito challenged Justice bosses."

The Trenton Times reports that "Trip to Alito hearings draws fire."

And The Associated Press reports that "Former Students Say Alito Is Open-Minded."
Posted at 07:15 AM by Howard Bashman




The Los Angeles Times is reporting: Today's newspaper contains articles headlined "Justices Are Asked to Act on Padilla" and "Gospel According to Gullah; In the Sea Islands off South Carolina, descendants of slaves help translate the Bible into the rich language of their ancestors."
Posted at 07:04 AM by Howard Bashman



"Pacific Bell bias verdict upheld; Company denied job to ex-mental patient": Bob Egelko has this article today in The San Francisco Chronicle.
Posted at 06:58 AM by Howard Bashman



In today's edition of The Chicago Tribune: Jan Crawford Greenburg has a lengthy article headlined "How focus on Roe pushes aside other court issues."

In other news, "When jail time just won't do, the judge may opt to humiliate you."

And an article reports that "Prosecutor to fight strip-search court ruling; Will County Jail frisks called unconstitutional."
Posted at 06:50 AM by Howard Bashman




"Chief justice transformed bench; Under his leadership, Supreme Court gave states' rights a boost": Today in USA Today, Joan Biskupic has an article that begins, "In the fall of 1971, William Rehnquist was a Justice Department lawyer known for his disdain for Supreme Court rulings that he believed coddled criminal defendants."
Posted at 06:44 AM by Howard Bashman


Wednesday, December 28, 2005


"Jury Award Is Upheld in Firing Case": In Thursday's issue of The New York Times, Adam Liptak will have this article about the recent Ninth Circuit ruling that I noted here yesterday. And in other coverage, David Kravets of The Associated Press reports that "Court upholds $500,000 jury award to one-time mentally ill man."
Posted at 11:30 PM by Howard Bashman



"Death Row Inmate Campaigns Against Alito's Nomination to Court": This article will appear in Friday's issue of The Forward.
Posted at 10:20 PM by Howard Bashman



"Supreme Court Is Asked to Rule on Terror Trial": The New York Times on Thursday will contain an article that begins, "The Bush administration asked the Supreme Court on Wednesday to allow for the immediate transfer of Jose Padilla from a military brig to civilian custody to stand trial on terrorism charges, a move that came in response to an appellate court ruling last week that blocked the transfer."

And The Washington Post on Thursday will report that "U.S. Defends Conduct in Padilla Case; Supreme Court Asked To Overrule 4th Circuit."
Posted at 10:14 PM by Howard Bashman




"Alito Writings Fuel Debate Over High Court Nomination": This segment (transcript with link to audio) featuring Stuart Taylor Jr. and Jeffrey Rosen appeared on this evening's broadcast of the PBS program "The NewsHour with Jim Lehrer."
Posted at 10:10 PM by Howard Bashman



Available online from law.com: An article reports that "'Functionality' of Hooters Girls at Issue in IP Appeal."

And in other news, "Winning Intelligent Design Case Puts Plaintiffs Attorneys in Public Eye."
Posted at 10:00 PM by Howard Bashman




"Top court's Judge Smith works outside the box": The Rochester Democrat and Chronicle yesterday contained an article that begins, "On more than one occasion when the partners of the hotshot Paul, Weiss Manhattan law firm sat down to vote, Robert S. Smith found himself on the wrong end of a 99-to-1 tally. That pattern hasn't changed much since Smith became a judge on New York's top court."
Posted at 08:20 PM by Howard Bashman



"Chief Justice Roberts wins early praise; Lighter tone, camaraderie at U.S. Supreme Court": CNN.com provides this report.
Posted at 08:11 PM by Howard Bashman



"New Papers Reinforce Alito's Judicial Conservatism": This segment (RealPlayer required) appeared on this evening's broadcast of NPR's "All Things Considered."
Posted at 07:55 PM by Howard Bashman



"Group defies artifacts order": The Honolulu Advertiser today contains an article that begins, "The leader of a Native Hawaiian organization yesterday was ordered jailed by U.S. District Judge David Ezra until the precise whereabouts of 83 priceless cultural artifacts are disclosed or the items are recovered."

And The Honolulu Star-Bulletin today reports that "Hui Malama leader in jail for 'indeterminate amount of time'; The group refuses to reveal the location of artifacts during an emotional hearing."
Posted at 05:30 PM by Howard Bashman




So you're traveling to New Orleans for a Fifth Circuit oral argument? The web site of the U.S. Court of Appeals for the Fifth Circuit provides these travel tips. And yesterday's official New Orleans situation report is available here.
Posted at 04:55 PM by Howard Bashman



"Government seeks Padilla's transfer": At "SCOTUSblog," Lyle Denniston has this new post reporting on today's developments in the case.

Update: Via "PrawfsBlawg," you can access a copy of today's filing by the Solicitor General at this link.
Posted at 04:28 PM by Howard Bashman




"Book violated McKennitt's privacy, judge rules; Decision in the case of the singer's former friend may give celebs more protection of their private -- and public -- lives": The Toronto Globe and Mail today contains an article that begins, "Virtually unseen, a British court has issued a judgment in a case involving Canadian folk icon Loreena McKennitt that may have far-reaching implications for biographers, photographers and journalists."

In other coverage, The Hampstead and Highgate Express (UK) on Saturday contained an article headlined "Landmark ruling in writer's battle with music icon" that begins, "A judge has made a landmark ruling on a privacy case which is likely to have major repercussions for authors and journalists everywhere."

Canadian Press reports that "Loreena McKennitt wins London privacy case against former friend."

And CBC News reports that "Publicity-shy singer wins privacy claim."
Posted at 04:25 PM by Howard Bashman




"More Documents Detail Judge Alito's Legal Views": This segment (RealPlayer required) appeared on today's broadcast of NPR's "Day to Day."
Posted at 03:10 PM by Howard Bashman



In news from Boston: The Boston Herald today reports that "Palatial SJC may get pricier: Builders seek $40M more for courthouse."

And The Boston Globe reports today that "SJC bars a type of prints at trial; Ruling a setback for forensic tool." You can view yesterday's fingerprint-related ruling of the Supreme Judicial Court of Massachusetts at this link.
Posted at 02:54 PM by Howard Bashman




The Associated Press is reporting: Jesse J. Holland has an article headlined "Alito Advised Against Panther Case Appeal."

And in other news, "Padilla's Lawyers Ask for Review of Powers" and "Lawyer Questions Evidence in Terror Case."
Posted at 02:40 PM by Howard Bashman




"A constitutional duty to recuse?" At "SCOTUSblog," Lyle Denniston has a post that begins, "Should an elected judge, who accepts large campaign donations, sit on a case that directly affects the financial or business interests of the donors and their associates?"

My earlier coverage of this matter can be accessed here and here, and I discussed the question in my article published in the Spring 2005 issue of The Journal of Appellate Practice and Process.

Earlier this month, The Chicago Tribune published an article headlined "Philip Morris law firms, supporters backed judge" that begins, "Lawyers for Philip Morris USA contributed $16,800 to help elect a judge who cast a deciding vote in Thursday's Illinois Supreme Court decision favoring the tobacco giant. The judge also received $1.2 million in campaign money from a group that filed an amicus brief supporting the cigarette-maker. Yet no one suggested that Judge Lloyd Karmeier recuse himself from a closely watched case in which he voted with three others to strike down a $10.1 billion judgment, handing a huge victory to Philip Morris."
Posted at 11:15 AM by Howard Bashman




"Ohio Judge Reprimanded for Drunk Driving": The AP provides a report that begins, "A panel of state appellate judges publicly reprimanded Ohio Supreme Court Justice Alice Robie Resnick on Wednesday, saying her drunken driving conviction violated the state's judicial code of conduct."
Posted at 10:54 AM by Howard Bashman



"300 More Alito Documents Released": The Associated Press provides this report.
Posted at 10:45 AM by Howard Bashman



"Next in line on Death Row seeks stay of execution; 76-year-old Allen is blind and crippled, his lawyers say": Bob Egelko has this article today in The San Francisco Chronicle.
Posted at 10:40 AM by Howard Bashman



"Luttig Blocks Bush's Detainee Dodge: A federal appeals court rebukes the president for evading Supreme Court review." Jacob Sullum has this essay online today at Reason.
Posted at 10:35 AM by Howard Bashman



"Court to rule on raises' legality; Top justices also take case of judge who wants state hikes reinstated": This article appears today in The Harrisburg Patriot-News.

The Philadelphia Inquirer reports today that "Top court will hear pay-raise lawsuits; It will judge both the act increasing salaries, and the one repealing the raises; The issue is mired in politics."

The Pittsburgh Post-Gazette reports that "Pa. Supreme Court to rule on legality of pay raise."

And The Pittsburgh Tribune-Review reports that "Pay-raise suit on to high court."
Posted at 10:33 AM by Howard Bashman




U.S. District Court enters order in state prisoner's habeas corpus case reopening time to appeal until February 27, 2004, prisoner files notice of appeal on February 26, 2004, and yet today the U.S. Court of Appeals for the Sixth Circuit holds that the appeal came two days too late: You can access today's Sixth Circuit ruling dismissing the appeal for lack of appellate jurisdiction at this link.
Posted at 10:25 AM by Howard Bashman



"Judge voids order against Letterman": This article appears today in The Santa Fe New Mexican.
Posted at 09:18 AM by Howard Bashman



Access online the documents pertaining to U.S. Supreme Court nominee Samuel A. Alito, Jr. that the National Archives has just released: They are available via this link.
Posted at 09:00 AM by Howard Bashman



"Jersey appeals panel cites employer in child-porn lawsuit": The Newark Star-Ledger today contains an article reporting on a decision that the New Jersey Superior Court, Appellate Division, issued yesterday. According to the article, "The 31-page decision could potentially be a landmark ruling for corporations about how to handle Internet privacy issues in the workplace. The wide-ranging opinion clearly puts the burden on employers to investigate reports of Internet abuse by workers."
Posted at 07:14 AM by Howard Bashman



"Alito sought consensus as chairman of federal rules committee": Robert Schwaneberg has this article today in The Newark Star-Ledger.

The Trenton Times reports today that "Old-times pal will stump for Alito."

The Argus Leader reports that "State senator proposes resolution backing Alito; S.D. vote would do nothing, Democrat says."

In The Los Angeles Times, Dahlia Lithwick has an op-ed entitled "Justice vs. politics."

And in The Rochester Democrat and Chronicle, Bernie Todd Smith and Virginia Hoveman have an op-ed entitled "Alito's Supreme Court nomination endangers reproductive rights."
Posted at 07:10 AM by Howard Bashman




"Jailed for their words: A law passed during World War I pitched Montanans into prison for critical remarks; law students are seeking clemency for them." This article appears today in The Chicago Tribune.
Posted at 07:00 AM by Howard Bashman



"Britain Appeals Terror Suspect Citizenship": The Associated Press provides a report that begins, "Britain has appealed a court decision that would confer citizenship on an Australian terror suspect seeking to change his nationality in hopes of securing his freedom from the U.S. prison camp at Guantanamo Bay, a Home Office official said Tuesday."
Posted at 06:54 AM by Howard Bashman



"Roberts leads court with wit, aggressiveness": Joan Biskupic has this article today in USA Today.
Posted at 06:50 AM by Howard Bashman



"High Court Urged to Hear Padilla Case; U.S. Citizen Has Been Held Since 2002, Indicted Last Month on Terrorism Charges": The Washington Post contains this article today.
Posted at 06:44 AM by Howard Bashman


Tuesday, December 27, 2005


"ACLU suit challenges classroom Pledge of Allegiance law": This article appeared last Friday in The South Florida Sun-Sentinel. And today, that newspaper contains an editorial entitled "Free Speech: A local teen is suing for the right to sit down during the Pledge of Allegiance."
Posted at 11:15 PM by Howard Bashman



Available online from law.com: Justin Scheck reports that "Rehiring Falls Under ADA, 9th Circuit Rules."

And in other news, from California, "Pot Club Lawyers File Motions to Dismiss Over 'Selective Prosecution.'"
Posted at 11:08 PM by Howard Bashman




"Defense Lawyers in Terror Cases Plan Challenges Over Spy Efforts": This article will appear Wednesday in The New York Times.
Posted at 11:00 PM by Howard Bashman



"Padilla tells Court of 'manipulation'": At "SCOTUSblog," Lyle Denniston provides this post.
Posted at 10:50 PM by Howard Bashman



"Business Has Nice Words To Say About Supreme Court Nominee": Investor's Business Daily provides this report.
Posted at 10:48 PM by Howard Bashman



Was it Sarah Silverman who said, during the Roast of Pamela Anderson, that Pam's "true hair color is bald"? Indeed so (QuickTime required; link not safe for work, and one might find Ms. Silverman's remarks offensive). Yet, according to The Associated Press, "Bald is hair color in Montana." In any event, this evening law.com offers an AP article headlined "Playmate Gets a Boost From Bush in Supreme Court Fight."

Reacting to that news, "Wonkette" offers this post.
Posted at 10:44 PM by Howard Bashman




Crooks likely to remain on Supreme Court of Wisconsin: The Associated Press reports that "State justice remains unopposed; Challengers for Crooks have week to enter election race."

And The Wisconsin State Journal today contains an editorial entitled "Wanted: Supreme Court candidates."
Posted at 10:25 PM by Howard Bashman




"Death-Row Septuagenarian Seeks Clemency": This segment (RealPlayer required) appeared on this evening's broadcast of NPR's "All Things Considered."
Posted at 10:02 PM by Howard Bashman



"National Archives Opens Additional Samuel Alito Records": The documents will be made available online tomorrow at 9 a.m. eastern time, according to this press release from the U.S. National Archives and Records Administration.

By the way, has anyone figured out why it would irreparably harm the federal government's ability to obtain frank and honest legal advice if a D.C. Circuit nominee's Solicitor General files are opened to the press and the public, but not if a U.S. Supreme Court nominee's Solicitor General files are opened to the press and public? In other words, does the executive branch's willingness to open otherwise secret files depend on the post to which a judicial nominee has been proposed for, or is there some greater principle at work here that I haven't yet discerned?
Posted at 09:04 PM by Howard Bashman




"Secret court modified wiretap requests; Intervention may have led Bush to bypass panel": This article appeared Saturday in The Seattle Post-Intelligencer.
Posted at 08:52 PM by Howard Bashman



"DJ's lawsuit award isn't so sweet anymore; Former WYCD host's lawyer will fight federal judge's trim of $10.6M verdict to $814,000": The Detroit News today contains an article that begins, "An ex-country music DJ's court victory -- in which she won $10.6 million after she claimed she was sickened by a fellow radio host's use of French perfume -- no longer smells as sweet."
Posted at 08:50 PM by Howard Bashman



News updates available online from The Legal Intelligencer: Asher Hawkins reports that "State High Court to Hear King's Bench Pay Raise Appeal."

And Gina Passarella reports that "Lawyers Discuss Their Roles In Intelligent Design Case."
Posted at 06:00 PM by Howard Bashman




And the judge's ruling was replete with coded messages: The Associated Press reports that "Restraining Order Against Letterman Tossed."
Posted at 05:45 PM by Howard Bashman



Divided three-judge Ninth Circuit panel affirms finding of Americans with Disabilities Act violation against PacBell for refusing to reinstate a service technician who did not disclose on his employment application that he had been found not guilty of attempted murder by reason of insanity: That'll teach the phone company to only ask prospective employees "Have you ever been convicted of, or are you awaiting trial for a felony or misdemeanor?" You can access today's Ninth Circuit ruling at this link.

Circuit Judge Consuelo M. Callahan's dissenting opinion begins, "As presented to us, this case requires that Pac Bell reinstate as a service technician a person it believes may pose a danger to its customers. I dissent because unless it is determined that Pac Bell's concern that Josephs is dangerous is unreasonable, Pac Bell should not be required to send him into its customers' homes."

The decision is also interesting because it upholds liability on a "regarded as" disabled claim.
Posted at 05:40 PM by Howard Bashman




Pepsi Free plus seawater equals COGSA claim: Pepsi Free, as its name implies, ought to be free of seawater. Yet a shipment of Pepsi Free concentrate -- traveling by boat from Puerto Rico to Elizabeth, New Jersey (also known as Sam Alito country) -- became submerged under seawater during the journey. Today, a three-judge panel of the U.S. Court of Appeals for the Second Circuit, in an opinion by Circuit Judge Guido Calabresi, examines whether the claim brought by Pepsi's insurer against the shipper was properly dismissed.
Posted at 05:30 PM by Howard Bashman



"Pa. Supreme Court takes up pay-raise lawsuits": The Associated Press provides a report that begins, "The Pennsylvania Supreme Court has agreed to consider whether the pay raise law that passed last summer -- and was repealed last month -- was constitutional, and whether state and county judges should get the additional salary anyway."

And in somewhat related news coverage, The Philadelphia Inquirer on Sunday contained an article headlined "Rendell's high court pick: A respected jurist; Smart, energetic, not political, associates say; Cynthia Baldwin would replace the ousted Nigro."
Posted at 04:05 PM by Howard Bashman




I'm not the only person filing an appellate brief today: Moments ago, Jose Padilla filed in the U.S. Supreme Court this reply brief in support of his petition for writ of certiorari. His petition for writ of certiorari and the federal government's brief in opposition thereto are also available online.
Posted at 03:45 PM by Howard Bashman



In news from Canada: The Toronto Globe and Mail today contains a front page article headlined "Liberal resigns over vulgar blog; Executive VP of Ontario wing posted racially charged remarks about candidates."

The Ottawa Citizen reports today that "Senior Liberal resigns over 'tasteless' blog; Party organizer compared NDP's Olivia Chow to a dog."

CBC News reports that "Liberal executive resigns after disparaging NDP politicians on blog."

And Canadian Press reports that "Liberal exec resigns amid blog controversy."
Posted at 12:05 PM by Howard Bashman




"Ala. Governor's Race Is Must-See Politics": The Associated Press provides a report that begins, "The cast: A Republican incumbent who alienated his base with a proposal to raise taxes. A chief justice who lost his job over his Ten Commandments stand. A former governor under indictment. A lieutenant governor who helped her ex-husband run for governor."
Posted at 11:40 AM by Howard Bashman



"Tax Court Reinstates Trial Judge's Report in Ballard & Kanter": "TaxProf Blog" provides this post, following up on a decision that the U.S. Supreme Court issued earlier this year.
Posted at 11:38 AM by Howard Bashman



"If you cherish your rights, this nominee bears questioning": Today's edition of USA Today contains an editorial that begins, "When Samuel Alito was a Justice Department lawyer in the 1980s, he wrote that he saw no legal problem with a police officer shooting and killing an unarmed 15-year-old who was fleeing from a $10 burglary."
Posted at 11:33 AM by Howard Bashman



In today's edition of The Boston Globe: Charlie Savage has an article headlined "Foes cite Alito's stance on liberty; Say he targeted issue key to Roe."

And Washington Bureau Chief Peter S. Canellos has an essay entitled "Bush's counsel on spying now under close scrutiny."
Posted at 11:30 AM by Howard Bashman




"Justices brave the DeLay show; The U.S. Supreme Court will review cases that revolve around Tom DeLay's effort to overturn a court-ordered redistricting plan for Texas": The St. Petersburg Times contains this editorial today.
Posted at 11:22 AM by Howard Bashman



"Senate Confirms Seven Judges in Waning Hours of Session; But Nomination of Controversial Justice Department Official Is Returned to Bush": This article appeared Friday in The Metropolitan News-Enterprise.
Posted at 11:15 AM by Howard Bashman



Still to come -- the D.C. Circuit's ruling against Judicial Watch, Inc. in a lawsuit against the judiciary: Last Friday, as I then noted here, the D.C. Circuit ruled against Judicial Watch, Inc. in a lawsuit against the U.S. Senate. Today, the D.C. Circuit has ruled against Judicial Watch, Inc. in a lawsuit the group brought against the U.S. Department of Justice, which of course is part of the executive branch. You can access today's ruling at this link.
Posted at 11:05 AM by Howard Bashman



"Lawsuit against Bush? The attorney for the only known target of NSA eavesdropping says his client would be happy to sue the president." Michael Scherer has this article online at Salon.com.
Posted at 07:04 AM by Howard Bashman



"Daschle's Words Aid Padilla": Josh Gerstein has this article today in The New York Sun.
Posted at 06:55 AM by Howard Bashman


Monday, December 26, 2005


"S.D. Makes Abortion Rare Through Laws And Stigma; Out-of-State Doctors Come Weekly to 1 Clinic": Tuesday's edition of The Washington Post will contain this front page article.
Posted at 10:22 PM by Howard Bashman



"Hometown Snubs Schwarzenegger Over Death Penalty": This article will appear Tuesday in The New York Times.
Posted at 10:18 PM by Howard Bashman



The Miami Herald is reporting: Today's newspaper contains an article headlined "Padilla case weaves web of risks for government; The terrorism case of Jose Padilla, dubbed the 'dirty bomber' after his arrest in 2002, poses a complex legal challenge for the Justice Department."

And yesterday's newspaper contained a news analysis headlined "Congress may prevail on war power; Despite White House claims that war powers authorize domestic spying and the special detention of terror suspects, Congress may well settle the issue."
Posted at 10:14 PM by Howard Bashman




"Carter Phillips on Sam Alito": At "The Volokh Conspiracy," Orin Kerr has a post that begins, "C-Span's 'America and the Courts' series has a fascinating interview with Carter Phillips, one of the top members of the Supreme Court bar, about his friend and former co-worker Sam Alito. The interview begins at the 23-minute mark and lasts about 35 minutes." You can view the program online by clicking here (RealPlayer required).
Posted at 05:14 PM by Howard Bashman



"The war on terror should not supersede the laws of the land": Dante Chinni will have this essay in Tuesday's issue of The Christian Science Monitor.
Posted at 05:00 PM by Howard Bashman



"Faith in Theory: Why 'intelligent design' simply isn't science." James Q. Wilson has this essay online today at OpinionJournal.
Posted at 04:55 PM by Howard Bashman



"Fallout From A Nuclear Summer: The conflict over judicial nominations threatened to sidetrack the Senate; But who really won?" T.R. Goldman has this article (free access) in this week's issue of Legal Times.
Posted at 03:40 PM by Howard Bashman



As does the use of scare-quotes by The Washington Times: The Washington Times today reports that "Gay 'marriage' battles rage on into third year."
Posted at 03:35 PM by Howard Bashman



"Effort to speed executions stalls in Senate; Provision unrelated to security had been added to Patriot Act": Bob Egelko had this article in yesterday's edition of The San Francisco Chronicle.
Posted at 01:44 PM by Howard Bashman



The Sacramento Bee is reporting: Today's newspaper contains a front page article headlined "Higher execution rate is predicted" that begins, "California's capital punishment debate - ignited by the execution of Stanley Tookie Williams - will likely intensify as the state prepares to carry out death sentences at a pace unseen in more than a generation."

And yesterday's newspaper contained an article headlined "Death case a mission for prosecutor; He has pursued Clarence Allen for 24 years and is now prepared to watch him die" profiling Ward Campbell, a long-time friend of "How Appealing."
Posted at 01:40 PM by Howard Bashman




"Blawg Review Awards 2005": This week's brand new installment of "Blawg Review" can be accessed here.
Posted at 10:20 AM by Howard Bashman



"Montanans back Alito confirmation": This article appears today in The Billings Gazette.
Posted at 10:08 AM by Howard Bashman



One for the birds: The Chicago Tribune reported yesterday that "Racing pigeons are kept grounded; Court denies appeal by club of city ban."

And Saturday's edition of The Chicago Sun-Times reported that "U.S. court upholds city's ban on sport pigeons in residences."

You can access Thursday's ruling of the U.S. Court of Appeals for the Seventh Circuit at this link.
Posted at 10:05 AM by Howard Bashman




"The public starts SLAPPing back; States enact relief for sued dissenters": This article appears today in The Chicago Tribune.
Posted at 10:00 AM by Howard Bashman



"Courts Criticize Judges' Handling of Asylum Cases": Adam Liptak has this article today in The New York Times. These charts accompany the article.
Posted at 09:58 AM by Howard Bashman



Yoo again: The Washington Post today contains an article headlined "Scholar Stands by Post-9/11 Writings On Torture, Domestic Eavesdropping; Former Justice Official Says He Was Interpreting Law, Not Making Policy" that begins, "John Yoo knows the epithets of the libertarians, the liberals and the lefties. Widely considered the intellectual architect of the most dramatic assertion of White House power since the Nixon era, he has seen constitutional scholars skewer his reasoning and students call for his ouster from the University of California at Berkeley."
Posted at 09:54 AM by Howard Bashman



"White House Aids Playboy Playmate in Court": Gina Holland of The Associated Press provides a report that begins, "Playboy playmate Anna Nicole Smith has an unusual bedfellow in the Supreme Court fight over her late husband's fortune: the Bush administration. The administration's top Supreme Court lawyer filed arguments on Smith's behalf and wants to take part when the case is argued before the justices."
Posted at 09:50 AM by Howard Bashman


Sunday, December 25, 2005


"Intelligent Design Supporters Vow to Fight On": This segment (RealPlayer required) appeared on this evening's broadcast of NPR's "All Things Considered."
Posted at 09:15 PM by Howard Bashman



"Kavanaugh Nomination Bounced Back to White House": The blog "Confirm Them" provides this post. You can confirm this news via the Congressional Record at this link.
Posted at 10:34 AM by Howard Bashman



"Justice in the Balance: The precedent-setting life of the all-important swing vote on the high court." Today in the Book World section of The Washington Post, Law Professor Kathleen M. Sullivan has this review of Joan Biskupic's new book, "Sandra Day O'Connor: How the First Woman on the Supreme Court Became Its Most Influential Justice."
Posted at 10:20 AM by Howard Bashman



In the January 2, 2006 issue of The Weekly Standard: The magazine will contain an editorial entitled "Disorder in the Court."

And Terry Eastland will have an essay entitled "The Power of 55: Senatorial arithmetic is on Alito's Side."
Posted at 10:14 AM by Howard Bashman




"Alito faces harder review; Scrutiny likely on executive power, in light of 1984 memo, NSA spying": Julie Hirschfeld Davis has this article today in The Boston Globe.

And United Press International reports that "Alito momentum alarms liberal groups."
Posted at 10:08 AM by Howard Bashman




Chief Justice William H. Rehnquist bobblehead doll sells at eBay auction for $3,007.56: The auction ended yesterday. The bidding history is here.
Posted at 10:00 AM by Howard Bashman



"Detainees Face Limited Access to Courts; But Bill Awaiting Bush Signature Would Shield Terror Suspects from U.S. Abuse": This article appeared yesterday in The Washington Post.
Posted at 09:45 AM by Howard Bashman


Saturday, December 24, 2005


"In Criminal Cases, a Court Nominee Hews to Rules": Sunday's edition of The New York Times will contain an article that begins, "If Samuel A. Alito Jr. had been on the Supreme Court back in January, Ronald Rompilla might well be a dead man."
Posted at 09:05 PM by Howard Bashman



"Alito to Face Queries on Executive Power Stance": This segment (RealPlayer required) appeared on this evening's broadcast of NPR's "All Things Considered."
Posted at 07:48 PM by Howard Bashman



"Liberal Groups Gear Up to Oppose Confirmation of Alito; Campaign Includes Forums on His Record": This article will appear Sunday in The Washington Post.
Posted at 07:44 PM by Howard Bashman



"Animal cruelty suit on behalf of reindeer": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "On the day before Christmas Eve, President Bush was sued by reindeer."
Posted at 01:45 PM by Howard Bashman



"Alito Memo in '84 Favored Immunity for Top Officials": Adam Liptak and David E. Rosenbaum have this article today in The New York Times. The newspaper also contains an editorial entitled "Alito's Zeal for Presidential Power."

Today in The Los Angeles Times, David G. Savage and Richard A. Serrano report that "Alito Backed Immunity for Wiretapping; A 1984 memo on a suit against a Nixon-era official may complicate his confirmation."

The Chicago Tribune reports that "Alito gave argument on illegal wiretaps; Papers also reveal plan to fight Roe vs. Wade."

In The Boston Globe, Charlie Savage reports that "Alito backed immunity in wiretap case."

In The Pittsburgh Post-Gazette, Michael McGough reports that "Alito memo on wiretaps likely to draw questioning in Supreme Court nomination hearing."

Newsday contains an article headlined "Alito's view on wiretaps: Memo he wrote in '84 reveals he backed official who ordered warrantless wiretap of group in 1970."

The Newark (N.J.) Star-Ledger reports that "Alito supported wiretaps without warrants in memo; Documents from Reagan administration show new evidence of anti-abortion views."

The Washington Times reports that "Democrats score Alito view on spying."

And in The Washington Post, Howard Kurtz's Media Notes column is headlined "Alito 'Scoop': What's Old Is News Again; Media Rehash Alito's 'Roe' Document."
Posted at 10:00 AM by Howard Bashman




Available online from OpinionJournal: Yesterday's edition of The Wall Street Journal contained an editorial entitled "Padilla Put-Down: Forcing the White House to defend its own convictions."

And in today's edition of The Wall Street Journal, Melanie Kirkpatrick has an interview headlined "Home for Christmas -- Susette Kelo's story: from humble abode to eminent domain."
Posted at 09:44 AM by Howard Bashman



Friday, December 23, 2005


Available online from National Public Radio: This evening's broadcast of "All Things Considered" contained a segment entitled "Alito Advocated Immunity for U.S. Wiretap Use."

And today's broadcast of "Talk of the Nation" contained a segment entitled "Penn. Trial Sends Intelligent Design Out of Class."

RealPlayer is required to launch these audio segments.
Posted at 10:35 PM by Howard Bashman




"Alito Urged Wiretap Immunity; Memo Offers Look at Nominee on Privacy": This front page article will appear Monday in The Washington Post.
Posted at 10:30 PM by Howard Bashman



Available online from The New York Times: Saturday's newspaper will contain articles headlined "Spy Agency Mined Vast Data Trove, Officials Report" and "China Indicts Times Researcher, Saying He Disclosed State Secrets."

And Adam Liptak and David E. Rosenbaum have a news update headlined "Alito Defended Wiretap Protections in 1984 Memo."
Posted at 10:28 PM by Howard Bashman




"In 1984 memo, Alito defends wiretapping protections for officials": Jonathan S. Landay of Knight Ridder Newspapers provides this report.
Posted at 10:21 PM by Howard Bashman



The Associated Press is reporting: Now available online are articles headlined "Alito Defended Ordering Domestic Wiretaps" and "Judge Lets Man Change Name to Jesus Christ."
Posted at 10:20 PM by Howard Bashman



Available online from law.com: Tony Mauro reports on "The Tug of War Over O'Connor: She was to retire this year, but she's still there -- even as the battle over her legacy rages."

And Lauren Gelman has an essay entitled "The Virtue of an Activist Judge in a Time of Terror."
Posted at 10:15 PM by Howard Bashman




"Yes, Virginia, there really is a Bob Loblaw Law Blog": Steve Johnson has this post today at his blog "Internet critic" hosted by The Chicago Tribune. My earlier coverage is here.

Update: The "Bob Loblaw law blog" video clip from "Arrested Development" can be viewed via this link.
Posted at 05:00 PM by Howard Bashman




University of Chicago Law Professor Albert Alschuler offers criticism of this week's federal court "intelligent design" ruling: At that law school's "Faculty Blog," he has posts titled "The Dover Intelligent Design Decision, Part I: Of Motive, Effect, and History" and "The Dover Intelligent Design Decision, Part II: Of Science and Religion." You can access the ruling at this link.
Posted at 04:45 PM by Howard Bashman



"Supreme Court is asked to reconsider Richey case": The Toledo Blade today contains an article that begins, "Kenneth Richey's attorneys planned to ask the U.S. Supreme Court last night to reconsider a November decision reinstating his murder conviction and death sentence while sending part of his appeal back to a lower court."

An even more recent report from The Associated Press is headlined "British death-row inmate seeks Supreme Court review."

And The Press Association (UK) reports that "Death-row inmate seeks court review."
Posted at 04:00 PM by Howard Bashman




"Santorum's comments a surprise; A Christian law center's counsel blames politics; The senator's rival calls him a 'flip-flopper' on Dover case": This article appears today in The Philadelphia Inquirer.
Posted at 03:30 PM by Howard Bashman



"Little Help From Justices on Spy Program": Adam Liptak has this article today in The New York Times.
Posted at 02:32 PM by Howard Bashman



"China Moves to Put Jailed Times Researcher on Trial": The New York Times provides this news update.
Posted at 02:30 PM by Howard Bashman



"Wal-Mart Plans to Appeal $172M Judgment": David Kravets of The Associated Press provides this report. No word yet on whether attorneys for Wal-Mart working on the appeal will be permitted to take lunch breaks.
Posted at 02:08 PM by Howard Bashman



Article III Groupie, gone but not forgotten: See the attorney listed last at the bottom of page 2 of this order amending opinion that the U.S. Court of Appeals for the Third Circuit issued today.
Posted at 01:44 PM by Howard Bashman



"Nun freed after serving 3 years for war protest": The Baltimore Sun today contains an article that begins, "Sister Ardeth Platte, 69, walked out of a federal prison in Danbury, Conn., yesterday morning filled with peace and joy, but not a bit of remorse for her crime."

The Denver Post reports today that "3rd pacifist nun who defaced Weld missile silo is released."

The Rocky Mountain News reports that "Peace activist nun gets out of prison."

And The Danbury News-Times reports that "Pacifist nun out of prison; Dominican sister says time at FCI was 'sacred.'"
Posted at 12:18 PM by Howard Bashman




"U.S. attorney hopeful backs out; Cites year-long process": This article appears today in The Denver Post.

And The Fort Collins Coloradoan reports today that "VanMeveren pulls nomination; Former DA decides not to pursue U.S. attorney post."
Posted at 12:11 PM by Howard Bashman




"David Letterman Gets Laughs From Restraining Order": News Talk Radio 580 CFRA provides this report. According to the report, "A New Mexico state judge granted a termporary restraining order against Letterman to stay way from Colleen Nestler, who believes Letterman was sending her coded messages. In Thursday night's monologue, Letterman said a joke he had just told wasn't really a joke, but a 'coded message.' However, Letterman didn't specifically mention the restraining order or Nestler."

You can listen to last night's Late Show monologue by clicking here (RealPlayer required).

Today, The Santa Fe New Mexican contains an article headlined "Advocate: Letterman order a 'mistake.'" The article contains links to various court filings in the case, including "PDF of Letterman's Motion to Quash TRO."
Posted at 12:00 PM by Howard Bashman




"Wiretaps said to sift all overseas contacts; Vast US effort seen on eavesdropping": Today in The Boston Globe, Charlie Savage has an article that begins, "The National Security Agency, in carrying out President Bush's order to intercept the international phone calls and e-mails of Americans suspected of links to Al Qaeda, has probably been using computers to monitor all other Americans' international communications as well, according to specialists familiar with the workings of the NSA."
Posted at 11:50 AM by Howard Bashman



"Alito Defended Officials From Wiretap Suits": The Associated Press provides this report. The documents that the National Archives released today are available via this link.
Posted at 11:44 AM by Howard Bashman



"An intelligent decision: A Republican judge does the nation a favor by revealing intelligent design as creationism renamed and an attempt to put religion in the science classroom." The St. Petersburg Times contains this editorial today.

And online at Reason, Ronald Bailey has an essay entitled "Christian Science: Trial exposes intelligent design as the religion it is."
Posted at 11:42 AM by Howard Bashman




"Mr. Padilla in Captivity": This interesting editorial appears today in The Washington Post.
Posted at 11:40 AM by Howard Bashman



"Judge blocks video game limits": Claire Cooper, legal affairs writer for The Sacramento Bee, has this article today.

The San Francisco Chronicle today contains articles headlined "Judge blocks ban on sale of violent video games to minors" and "Shoppers call judge's video ruling irrelevant; Minors say they'll get the games they want, legal or not."

And The Los Angeles Times contains an article headlined "Judge Halts Limits on Game Sales to Kids; Once civil liberties advocate observes that the ruling follows a pattern of '...law passes, gets challenged, gets struck down; Rinse, lather, repeat.'"
Posted at 11:30 AM by Howard Bashman




"Courthouse Epithet: No excuse for this outburst." The Philadelphia Inquirer contains this editorial today. My earlier coverage is here.
Posted at 11:15 AM by Howard Bashman



"Alito Examined Rehnquist Ethics Questions": The Associated Press provides this report about a document that the National Archives released today.
Posted at 11:14 AM by Howard Bashman



D.C. Circuit rejects lawsuit brought by Judicial Watch, Inc. arguing that U.S. Senate rule allowing the filibuster of judicial nominations is unconstitutional: You can access today's ruling at this link. Senior Circuit Judge Stephen F. Williams is the author of the court's opinion, and he also has an interesting separate concurrence.

My earlier coverage of the district court's ruling, which reached the same result via somewhat different reasoning, is here.
Posted at 10:30 AM by Howard Bashman




"Alito Argued to Overturn Roe in 1985 Memo": The AP provides this report. Am I wrong in remembering that this memo was already produced in one of the earlier National Archives document releases? Apparently I'm not wrong (see also here).
Posted at 10:24 AM by Howard Bashman



"Supreme Court nominee Samuel Alito said in a 1985 document that the landmark Roe v. Wade ruling legalizing abortion should be overturned." The Associated Press has issued this news alert.

And in other news from The AP, "Bush May Find Allies in Court Nominees."
Posted at 09:45 AM by Howard Bashman




"Kennedy calls for release of CAP archives; Says documents may shed more light on Alito's views": The Daily Princetonian provides this news update.
Posted at 09:10 AM by Howard Bashman



"National Archives Opens Additional Samuel Alito Records": At 9 a.m. eastern time, just moments from now, the U.S. National Archives and Records Administration (as detailed in this press release) is scheduled to make available via this link a new set of documents.
Posted at 08:58 AM by Howard Bashman



"Judges reverse lawsuit awards for LR officers; Panel: Release of files doesn’t reach 'deliberate indifference'": The Arkansas Democrat-Gazette contains this article today. My earlier coverage is here.
Posted at 07:18 AM by Howard Bashman



"Verdict tags Wal-Mart for $172 million; Alameda County jury decides retailer broke 2001 law guaranteeing workers' lunch breaks": This article appears today in The Oakland Tribune.

The San Francisco Chronicle today contains an article headlined "Gigantic verdict against Wal-Mart; Oakland jury orders $172 million paid for lack of lunch breaks."

The Los Angeles Times reports today that "Wal-Mart Workers Win Suit; A jury orders the world's largest retailer to pay $172 million for violations of a California law that requires meal breaks for employees."

The New York Times reports that "Jury Rules Wal-Mart Must Pay $172 Million Over Meal Breaks."

And The Washington Post reports that "Calif. Jury Backs Wal-Mart Workers; Thousands Claimed They Were Denied Lunchtime Breaks."
Posted at 07:15 AM by Howard Bashman




"Unable to End 'Unlawful' Detention, Judge Says": The Washington Post today contains an article that begins, "A federal judge in Washington ruled yesterday that the continued detention of two ethnic Uighurs at the U.S. prison facility at Guantanamo Bay, Cuba, is "unlawful," but he decided he had no authority to order their release."

The memorandum and order that District Judge Judge James Robertson of the U.S. District Court for the District of Columbia issued yesterday are available online.
Posted at 07:10 AM by Howard Bashman



Thursday, December 22, 2005


"Judicial Umbrage Signals New Limit for Bush's War Powers": Lawrence Hurley has this article today in The Daily Journal of California.
Posted at 11:24 PM by Howard Bashman



"Bush administration lays out its legal rationale for domestic spying": Knight Ridder Newspapers provide this report. Via National Review Online, you can access the U.S. Department of Justice's letter at this link.
Posted at 11:15 PM by Howard Bashman



It's all about Yoo: The New York Times on Friday will contain an article headlined "A Junior Aide Had a Big Role In Terror Policy" that begins, "Moments after planes crashed into the World Trade Center and the Pentagon, lawyers in the Justice Department's elite Office of Legal Counsel began crowding into the office of one of the agency's newest deputies, John C. Yoo, to watch the horror unfold on his television set."
Posted at 11:10 PM by Howard Bashman



Available online from law.com: An article reports that "Calif. Justices Snuff Out Free Smokes, but Leave Record Fine in Doubt."

In other news from California, Justin Scheck reports that "Wal-Mart Stuck With $172M Lunch Tab."

And an article reports that "Sidley Austin Loses Another Round in EEOC Suit."
Posted at 11:05 PM by Howard Bashman




"Debating the Limits of Executive Power": This segment (RealPlayer required) featuring Law Professors Doug Kmiec and Akhil Amar appeared on today's broadcast of NPR's "Talk of the Nation."
Posted at 08:30 PM by Howard Bashman



"State court upholds ban on distributing free cigarettes to minors": Claire Cooper, legal affairs writer for The Sacramento Bee, provides this news update.
Posted at 08:27 PM by Howard Bashman



"Ban on Sales of Violent Video Games Suffers Setback": The Los Angeles Times provides this news update. My earlier coverage is here.
Posted at 08:14 PM by Howard Bashman



More Samuel A. Alito, Jr. documents: Tomorrow, a bunch of previously unreleased U.S. Department of Justice documents will be made available, as explained in press releases entitled "National Archives Opens Additional Samuel Alito Records" and "Justice Department to Make Available National Archives Documents Related to Judge Samuel A. Alito Jr."
Posted at 08:10 PM by Howard Bashman



Wal-Mart ordered to pay $172 million for lunch: The San Francisco Chronicle provides a news update headlined "Jury awards $172 mil to Wal-Mart workers."

And David Kravets of The Associated Press reports that "Jury Awards $172M to Wal-Mart Employees."
Posted at 08:05 PM by Howard Bashman




"Terror case challenges White House strategy; An appeals court refused the government's request to have Jose Padilla transferred to Florida for a criminal trial": In Friday's edition of The Christian Science Monitor, Warren Richey will have an article that begins, "Suddenly, terror suspect Jose Padilla seems a lot more dangerous to the Bush administration."
Posted at 05:54 PM by Howard Bashman



"Kennedy Seeks Alito Docs on Princeton Case": The Associated Press provides a report that begins, "Sen. Edward Kennedy is pressing for documents on Supreme Court nominee Samuel Alito's involvement with a conservative group that argued Princeton University lowered its admission standards to accept women and minorities."

Via the web site of U.S. Senator Edward M. Kennedy (D-MA), you can access a press release issued today entitled "Kennedy seeks key documents on Alito involvement in Concerned Alumni of Princeton; Group opposed admittance of women, minorities to Princeton."
Posted at 05:25 PM by Howard Bashman




"California's violent video game ban blocked": The San Francisco Chronicle provides a news update that begins, "A federal judge on Thursday blocked a law banning the sale of violent video games to minors from going into effect on Jan. 1."

You can access yesterday's ruling of the U.S. District Court for the Northern District of California at this link.
Posted at 05:00 PM by Howard Bashman




Two days later, how has news coverage of a Pennsylvania federal district court's "intelligent design" ruling evolved? The Washington Post reports today that "Advocates of 'Intelligent Design' Vow to Continue Despite Ruling."

The Philadelphia Inquirer reports today that "Santorum now critical of Dover case; He denies he is contradicting earlier statements of support for the cause."

The Harrisburg Patriot-News contains articles headlined "Intelligent design ruling gives science's defenders a weapon" and "Prosecutor seeks perjury evidence."

The York Dispatch reports that "Perjury charges rare, hard to prove; 3 plaintiffs willing to move against ex-Dover board members."

And The York Daily Record contains articles headlined "Book is in limbo; 'Of Pandas' remains in Dover's library, but it's unclear where it will be shelved" and "Reactions to testimony mixed; The judge said two former board members lied during the Dover trial."
Posted at 04:45 PM by Howard Bashman




"Courts have set limits on presidential power; Justices may decide if Constitution or Congress granted Bush authority to spy": Michael McGough has this news analysis today in The Post-Gazette.
Posted at 04:38 PM by Howard Bashman



"License plate challenge stalls again": The Times-Picayune today contains an article that begins, "A long-running challenge to Louisiana's anti-abortion license plates met its second defeat of the year Wednesday when the 5th U.S. Circuit Court of Appeals' 16 members deadlocked on whether to review a three-judge panel's move to call a halt to the lawsuit. The 8-8 vote leaves intact the panel's April decision to reverse a 2003 order in which U.S. District Court Judge Stanwood Duval outlawed Louisiana's entire system of issuing prestige license tags." My coverage from earlier today is here.
Posted at 04:33 PM by Howard Bashman



"Texas Redistricting U.S. Supreme Court Cases Resource Center": Jenner & Block LLP provides this useful online resource.
Posted at 04:00 PM by Howard Bashman



"Letterman court date could advance": The Santa Fe New Mexican today contains an article that begins, "The judge who last week granted a local woman's temporary restraining order against talk-show host David Letterman said Wednesday that he might address the case earlier than scheduled."
Posted at 03:38 PM by Howard Bashman



"Lawyer asserts quirk in child sex guidelines": The Mobile Register today contains an article that begins, "A Daphne man pleaded guilty in Mobile's federal court Wednesday to driving to Florida to have sex with someone he thought was a 15-year-old girl. Another Daphne man pleaded guilty to possessing and receiving child pornography in an unrelated case. When both are sentenced in March, the child pornography defendant faces significantly more prison time -- perhaps six times as much -- under advisory sentencing guidelines." (Via "Sentencing Law and Policy.")
Posted at 03:28 PM by Howard Bashman



DeLay appeal delay: The Associated Press reports that "Appeals Court Won't Speed Up DeLay Appeal."
Posted at 02:44 PM by Howard Bashman



Available online today at "TaxProf Blog": You can access, among other things, posts titled "2d Circuit Holds Tax Court Is Real 'Court,' Not IRS Lap Dog" and "Tax Court: Parents Cannot Deduct Payments to Their Children's Religious Schools, Despite Scientology Precedent."
Posted at 02:40 PM by Howard Bashman



"Judge Downey given psychological evaluation; The chief judge says steps were taken to ensure embattled Judge Brandt Downey's fitness": The St. Petersburg Times today contains an article that begins, "Pinellas-Pasco Chief Judge David A. Demers on Wednesday released documents that show steps were taken to ensure embattled Judge Brandt Downey was fit to continue serving on the bench after he was accused of accessing pornography on his chambers computer."

And The Tampa Tribune reports today that "Judge Tested For Addiction To Pornography."

The Investigative Panel of the Florida Judicial Qualifications Commission's "Notice of Formal Charges" against Judge Downey can be viewed online at this link.
Posted at 02:30 PM by Howard Bashman




"Calif. Court Overturns $14.8M Tobacco Fine": David Kravets of The Associated Press provides this report on a ruling that the Supreme Court of California issued today.
Posted at 02:25 PM by Howard Bashman



Over the dissent of eight judges, U.S. Court of Appeals for the Fifth Circuit denies rehearing en banc of decision holding that Tax Injunction Act bars federal court jurisdiction over constitutional challenge to Louisiana's "Choose Life" license plates: Yesterday's order (posted online by the Fifth Circuit today) and the dissenting opinions that accompany it can be accessed here.

Circuit Judge Edith H. Jones's opinion for a unanimous three-judge Fifth Circuit panel, issued back in April 2005, can be accessed here. My posts about that earlier ruling can be found here and here.

Update: Currently the Fifth Circuit has sixteen judges in regular active service, but a majority (meaning nine) must vote for rehearing en banc in order for it to be granted. The lead dissent from the denial of rehearing en banc suggests that this case may be a good prospect for U.S. Supreme Court review, if not on the constitutionality of "Choose Life" license plates, then at least on whether the Fifth Circuit's means of dodging the merits of that issue was appropriate.
Posted at 01:30 PM by Howard Bashman




For this he left a life-tenured judgeship on the U.S. Court of Appeals for the Third Circuit? Former Third Circuit Judge Michael Chertoff is mentioned in a lengthy front page article headlined "Prelude to Disaster: The Making of DHS; Department's Mission Was Undermined From Start" published today in The Washington Post.
Posted at 11:48 AM by Howard Bashman



Eighth Circuit overturns $450,000 jury verdict against City of Little Rock for having given unredacted copies of two police officers' personnel files to counsel for a criminal defendant: Of course, the files -- which contained the police officers' home addresses, social security numbers, the names and addresses of family members, and driver's license numbers -- ultimately ended up in the hands of the criminal defendant himself, allegedly causing the police officers to fear for their safety and the safety of their family members. You can access today's ruling of the U.S. Court of Appeals for the Eighth Circuit, which appears to give rise to a circuit split, at this link.
Posted at 11:35 AM by Howard Bashman



"Terrorism Suspect Padilla to Remain in Military Custody": This segment (RealPlayer required) appeared on today's broadcast of NPR's "Morning Edition."
Posted at 09:28 AM by Howard Bashman



"Bobblehead, C.J., dissenting: Basically a Rational Market After All." Brian Frye offers these thoughts at his blog, "A Young Whig."
Posted at 09:24 AM by Howard Bashman



Orthodox Jews aren't Scientologists, U.S. Tax Court rules: The U.S. Tax Court issued this ruling yesterday. The New York Sun today reports on the ruling in a newsbrief titled "Jewish couple's request for education tax deduction denied." The final paragraph of the newsbrief is here.
Posted at 09:20 AM by Howard Bashman



In news from Detroit: The Detroit News reports today that "Judge rules man can't live with any women; Waterford man convicted on drug charge had long history of domestic violence."

And The Detroit Free Press reports today that "Dad asks court to let girlfriend sleep over; Changes possible for law, child custody."
Posted at 07:30 AM by Howard Bashman




"Top court redefines obscenity; Group sex, swinging, no longer considered bawdy behaviour": The Toronto Globe and Mail today contains this front page article, along with an article headlined "Swinger hot spot declares victory; Clients can be more open, club owners say."

The Montreal Gazette reports today that "Door open to swingers clubs; Supreme court ruling: New definition of indecent behaviour based on harm, not community standards."

And Canadian Press reports that "Supreme Court of Canada says OK to swingers clubs with group sex, swapping."

My earlier coverage is here.
Posted at 07:20 AM by Howard Bashman




"Court Bars Transfer of Padilla To Face New Terrorism Charges": This front page article appears today in The Washington Post.

The Chicago Tribune reports today that "U.S. rebuked in terrorism case; Three-judge panel says the detention status of Jose Padilla can't change until the Supreme Court hears ex-Chicagoan's appeal."

The Miami Herald reports that "Padilla closer to high court; The high-stakes terror case of Jose Padilla could be headed for the U.S. Supreme Court following a major appellate court ruling."

And The Richmond Times-Dispatch reports that "Judges deny request for Padilla transfer."
Posted at 07:15 AM by Howard Bashman




"Judges on Surveillance Court To Be Briefed on Spy Program": The Washington Post contains this front page article today.

The Miami Herald reports today that "Judge resigns seat on spy court; A federal judge who ruled against the Bush administration on Guantanamo quit the secret spy court to protest wiretaps without warrants."

The Los Angeles Times reports that "Federal Judge Quits Foreign-Intelligence Court; A critic of tactics in the war on terrorism, he was reportedly troubled by reports that citizens were being monitored without warrants."

USA Today reports that "Judge's resignation adds to spying furor."

And The Washington Times reports that "'Warrantless' searches not unprecedented."
Posted at 07:12 AM by Howard Bashman




"Courts unlikely to hear wiretap cases, legal scholars say; The reason: Most suspects won't know phones were tapped." This article appears today in USA Today.
Posted at 07:08 AM by Howard Bashman



The Boston Globe is reporting: Today's newspaper contains articles headlined "Petition vs. gay marriage advances; Number of signers breaks state record" and "Judge rues using court stationery in libel suit."
Posted at 07:04 AM by Howard Bashman



"Alito focused on future at Yale": This article appears today in The Washington Times.
Posted at 07:00 AM by Howard Bashman



"Death Sentences Show Decline Nationwide; When they have the option, jurors prefer a sentence of life without parole, experts say": Henry Weinstein has this article today in The Los Angeles Times.
Posted at 06:55 AM by Howard Bashman



"Michigan Is Set To Go to Polls On Race Issue": Today in The New York Sun, Josh Gerstein has an article that begins, "The state of Michigan, which has already spawned two leading Supreme Court cases on affirmative action, may be heading for another showdown on the issue at the ballot box next fall."
Posted at 06:45 AM by Howard Bashman


Wednesday, December 21, 2005


"Judge who resigned from spy court critical of detainees' treatment": This article will appear Thursday in The Miami Herald.
Posted at 10:00 PM by Howard Bashman



"Court Refuses U.S. Bid to Shift Terror Suspect": Neil A. Lewis will have this article Thursday in The New York Times.
Posted at 09:55 PM by Howard Bashman



"Judge Resigns From Secret Surveillance Court": The Los Angeles Times provides this news update.
Posted at 08:35 PM by Howard Bashman



"Uncivil Liberties: Why won't the Bush administration obey the law?" Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 07:28 PM by Howard Bashman



Available online from National Public Radio: This evening's broadcast of "All Things Considered" contained segments entitled "Court Rejects Transfer of Padilla to Civilian Custody"; "Spy Court Judge Resigns to Protest U.S. Surveillance" (featuring Nina Totenberg); and "Intelligent Design Has a Place in the Classroom."

And today's broadcast of "Talk of the Nation" contained a segment entitled "Scopes Trial and Intelligent Design Court Decision."
Posted at 07:14 PM by Howard Bashman




"The Dover Case Decision": This segment (available in RealPlayer and Windows Media formats) appeared on today's broadcast of the public radio program "On Point."
Posted at 07:05 PM by Howard Bashman



"Judge Resigns Over Spying": This segment (RealPlayer required) appeared on today's broadcast of the public radio program "Here & Now."
Posted at 07:00 PM by Howard Bashman



"Tug of war over presidential powers: The domestic spying program is renewing debate among the three branches of government." Linda Feldmann will have this article Thursday in The Christian Science Monitor.
Posted at 06:00 PM by Howard Bashman



"Herald fights $2m libel verdict; Says judge wrote 'bullying' letters": This article appears today in The Boston Globe. The judge referred to in the headline is the plaintiff, and not the trial judge presiding over the case.

In other coverage, The Boston Herald today contains an article headlined "Herald -- Toss libel verdict: Claims judge trying to 'bully' paper into ceding right of appeal."

Update: The Boston Herald has posted a news update headlined "Murphy sorry for using court stationery."
Posted at 05:58 PM by Howard Bashman




Available online at Slate: Brandt Goldstein has a jurisprudence essay entitled "Clinton's Guantanamo: How the Democratic president set the stage for a land without law."

And William Saletan has a human nature essay entitled "Is Creationism Destructible? Where to go from Dover."
Posted at 05:05 PM by Howard Bashman




"Court rules against govt in Padilla case": James Vicini of Reuters provides this report.
Posted at 05:02 PM by Howard Bashman



U.S. Court of Appeals for the Second Circuit holds that U.S. Tax Court is a court: Is there no end to judicial activism in this country? Next thing you know, some U.S. Court of Appeals will hold that the U.S. Tax Court has something to do with the adjudication of tax-related disputes. Today's Second Circuit ruling is here.
Posted at 04:50 PM by Howard Bashman



"Specter Wants Jan. Surveillance Hearings": The AP provides this report.
Posted at 04:44 PM by Howard Bashman



"Appeals Court Refuses to Transfer Padilla": The Associated Press provides this report.

At "SCOTUSblog," Lyle Denniston has a post titled "Fourth Circuit keeps Padilla case alive."

And my earlier coverage is here.
Posted at 04:33 PM by Howard Bashman




"Judge Resigns Over Secret Surveillance": Gina Holland of The Associated Press provides this updated report.
Posted at 03:58 PM by Howard Bashman



The complete text of Seventh Circuit Judge Richard A. Posner's now concluded online chat this afternoon at washingtonpost.com can be accessed here: The chat related to his op-ed entitled "Our Domestic Intelligence Crisis" published today in The Washington Post.
Posted at 03:50 PM by Howard Bashman



"Riley says Moore sought protection for monument": The Mobile Register today contains an article that begins, "During the peak of public protests over removal of the Ten Commandments from the Alabama Judicial Building, state Supreme Court Chief Justice Roy Moore sent an emissary who asked Gov. Bob Riley to call out Alabama National Guard troops to protect the 5,280-pound rock, according to the governor."
Posted at 03:45 PM by Howard Bashman



"Slate's Jurisprudence: BlackBerry Net to Go Dark?" This segment (RealPlayer required) featuring Dahlia Lithwick appeared on today's broadcast of NPR's "Day to Day."
Posted at 03:32 PM by Howard Bashman



In Thursday's edition of The Sydney Morning Herald: The newspaper contains articles headlined "Evolution wins the battle over school science" and "No barriers to local intelligent design lessons."
Posted at 03:28 PM by Howard Bashman



"State responds in death case; Prosecutors say inmate's failing health shouldn't stop execution": The Sacramento Bee today contains an article that begins, "State prosecutors filed a blistering 34-page response Tuesday to Clarence Ray Allen's clemency petition, saying the blind and diabetic 75-year-old condemned killer's age and ill health shouldn't stand in the way of his scheduled Jan. 17 execution."
Posted at 03:22 PM by Howard Bashman



BREAKING NEWS -- U.S. Court of Appeals for the Fourth Circuit denies federal government's motion to transfer Jose Padilla from military custody to the custody of the U.S. Department of Justice: You can access today's decision at this link.

Circuit Judge J. Michael Luttig's opinion for the panel majority begins:

Before the court is the government's motion pursuant to Supreme Court Rule 36 for authorization to transfer Jose Padilla immediately out of military custody in the State of South Carolina and into the custody of federal civilian law enforcement authorities in the State of Florida, together with its suggestion that we withdraw our opinion of September 9, 2005, in which we held that the President possesses the authority under the Authorization for the Use of Military Force to detain enemy combatants who have taken up arms against the United States abroad and entered into this country for the purpose of attacking America and its citizens from within.

Because we believe that the transfer of Padilla and the withdrawal of our opinion at the government's request while the Supreme Court is reviewing this court's decision of September 9 would compound what is, in the absence of explanation, at least an appearance that the government may be attempting to avoid consideration of our decision by the Supreme Court, and also because we believe that this case presents an issue of such especial national importance as to warrant final consideration by that court, even if only by denial of further review, we deny both the motion and suggestion. If the natural progression of this significant litigation to conclusion is to be pretermitted at this late date under these circumstances, we believe that decision should be made not by this court but, rather, by the Supreme Court of the United States.

Circuit Judge William B. Traxler, Jr. concurred in the result.
Posted at 02:48 PM by Howard Bashman



"Monkey See, Monkey Do": CBS News legal analyst Andrew Cohen has this essay today.
Posted at 02:45 PM by Howard Bashman



In news from Canada: The Toronto Globe and Mail provides a news update headlined "Supreme Court opens door for 'swingers' clubs."

Canadian Press reports that "Court says swingers clubs with group sex, swapping are legal."

And Reuters provides a report headlined "Canadians can have group sex in clubs: top court."

Today's rulings of the Supreme Court of Canada can be accessed here and here.
Posted at 02:30 PM by Howard Bashman




As we await the delayed start of Seventh Circuit Judge Richard A. Posner's washingtonpost.com online chat: At "Concurring Opinions," Daniel J. Solove has a post titled "Judge Posner's Troubling Call for Massive Surveillance."
Posted at 02:20 PM by Howard Bashman



"Letterman lawyers: End Santa Fe claim." The Santa Fe New Mexican today contains an article that begins, "Late last week, a Santa Fe District Court judge signed a temporary restraining order against talk-show host David Letterman alleging he has tormented a city resident for more than 10 years by using code words on his television program."

And The Associated Press reports that "Letterman Lawyers Fight Restraining Order."
Posted at 02:15 PM by Howard Bashman




"Historic Pioneer Courthouse Rededicated": The Ninth Circuit's Public Information Office has issued this news release.
Posted at 01:08 PM by Howard Bashman



"Design knocked out; Some hoping for wide impact": The York (Pa.) Daily Record contains this article today, along with articles headlined "New board isn't planning appeal; But members must find a way to pay for the trial their predecessors provoked"; "Judge: Ex-members lied in testimony; Former member Buckingham said board did the right thing"; and "Anniversary couple agrees with judge's ruling; Jack and Marion Schultz celebrated their 59th wedding anniversary at the trial."

The York (Pa.) Dispatch reports today that "Students 'don't care about it'; Inside Dover schools, few teens talk about intelligent design."

The Boston Globe reports that "US judge rejects intelligent design; Broad ruling finds Pa. school board promoted religion." The newspaper also contains an editorial entitled "Intelligent decision."

The Baltimore Sun reports that "Judge rejects Pa. policy on 'design'; Including subject in science class held unconstitutional." The newspaper also contains an editorial entitled "On the ropes."

The Seattle Post-Intelligencer reports that "Ruling may create new interest in intelligent design movement."

The Seattle Times reports that "Discovery Institute work figured in ruling." And columnist Danny Westneat has an op-ed entitled "Institute gets taken to school."

The Detroit Free Press reports that "Antievolution idea can't be public school class, judge rules; Pennsylvania case may renew debate about Michigan's."

The Denver Post reports that "Colo. groups split on ruling."

The Cleveland Plain Dealer reports that "Intelligent design loses; Pa. judge rejects concept; next challenge could target Ohio plan."

The Des Moines Register reports that "I.D. ruling called unlikely to deter Iowa district; Debate on intelligent design in science classes may begin soon, says a Muscatine board member."

The Indianapolis Star contains articles headlined "State lauded for how it teaches evolution; Education group suggests the addition of intelligent design would dilute standards" and "Idea born of some scientists' gnawing doubts about Darwin."

The Louisville Courier-Journal reports that "Ruling to fuel debate on intelligent design; Issue may make way to Ky. legislature."

The Lawrence (Kan.) Journal-World reports that "Judge strikes down intelligent design."

The Tallahassee Democrat reports that "Ruling the right one, local leaders say."

The Wilmington (Del.) News Journal reports that "Court rejects science alternative; Teaching 'intelligent design' theory ruled unconstitutional."

The Contra Costa Times reports that "State embraces evolution curriculum."

The Peoria Journal Star reports that "Concept not being taught in District 150; But area educators say they favor exposing students to new ideas."

The Daily Times of Maryville, Tennessee reports that "Effect of federal ruling on county plans not known."

And The New York Times contains an op-ed by Bruce Feiler entitled "Teach, Don't Preach, the Bible."
Posted at 12:32 PM by Howard Bashman




"Newspaper: Luna tied to missing cash; Faced lie-detector test on $36,000 in evidence." This article appears today in The Lancaster (Pa.) Intelligencer Journal.
Posted at 12:28 PM by Howard Bashman



"The Supreme Court: Allow television coverage." Dick Thornburgh and David R. Fine have this essay in the current issue of The National Law Journal.
Posted at 12:20 PM by Howard Bashman



"Alito nomination: Impact of 'Hamdan.'" Law Professor Carl Tobias has this essay in the current issue of The National Law Journal.
Posted at 12:15 PM by Howard Bashman



"Lawyer found guilty of trying to murder opponent; Severe injury could lead to a harsher punishment": This article appears today in The Seattle Post-Intelligencer.

And The Seattle Times reports today that "Lawyer found guilty in rival's shooting."
Posted at 10:48 AM by Howard Bashman




"Survival of the unfittest: A Pennsylvania judge has ruled that intelligent design is not fit for science classes; But I.D. remains rooted in U.S. schools, where science teachers are pressured to address God in the classroom." Gordy Slack has this essay today at Salon.com.

And at National Review Online, David Klinghoffer has an essay entitled "It's God or Darwin: Competing designs."
Posted at 10:45 AM by Howard Bashman




"Vital Presidential Power: The Supreme Court has never ruled that the president does not ultimately have the authority to collect foreign intelligence--here and abroad--as he sees fit." William Kristol and Gary Schmitt have this essay online at The Weekly Standard.
Posted at 10:40 AM by Howard Bashman



"Why Times Ran Wiretap Story, Defying Bush": The New York Observer provides this report.
Posted at 09:45 AM by Howard Bashman



"Our Domestic Intelligence Crisis": Seventh Circuit Judge Richard A. Posner has this op-ed today in The Washington Post. Today at 2 p.m. eastern time, washingtonpost.com will host an online chat with Judge Posner.

Update: At "Balkinization," Marty Lederman offers these thoughts about Judge Posner's op-ed.
Posted at 09:40 AM by Howard Bashman




"Pinellas judge may lose job over porn; Circuit Judge Brandt Downey could be fined or removed from office if charges that also include inappropriate e-mails are proven": The St. Petersburg Times contains this article today, along with an editorial entitled "Judicial dishonor: Charged with official misconduct, Judge Brandt Downey plans to retire in a year; He shouldn't be allowed to remain on the bench that long."

And The Tampa Tribune today contains an article headlined "Pinellas-Pasco Circuit Judge Faces Removal From Bench."
Posted at 09:30 AM by Howard Bashman




"Intelligent Design Proponents Suffer Setback with Dover Case": This segment (RealPlayer required) appeared on today's broadcast of NPR's "Morning Edition."
Posted at 09:25 AM by Howard Bashman



"Judge Says 'Intelligent Design' Is Not Science; He calls a school board's effort to teach it as an alternative to evolution unconstitutional": Henry Weinstein has this article today in The Los Angeles Times.

The Chicago Tribune reports today that "Intelligent design flunked; In scalding ruling, federal judge denounces challenge to evolution."

USA Today contains articles headlined "'Intelligent design' is religious, judge says; Evolution rival barred in Pa. science classes" and "'ID' ruling traces idea's problems, town's divisions."

In The New York Sun, Josh Gerstein reports that "Intelligent Design Is a 'Religious View,' Judge Rules in Unusually Harsh Terms."

The Philadelphia Inquirer contains articles headlined "Intelligent design is struck down; A judge ruled it a 'relabeling of creationism' and said it had no place in a 9th-grade science class"; "The judge sets forth a preemptive defense"; "Ruling addresses broader controversy"; and "Districts look anew at policies."

The Harrisburg Patriot-News contains articles headlined "'Not science'; Historic ruling orders Dover to rescind policy" and "Residents hope ruling dims spotlight."

The Pittsburgh Post-Gazette reports that "Federal judge rules against intelligent design in science classrooms; Dover, Pa., school board requirement unconstitutional, 'sham,' judge says" and "Darwin's descendant likes how the 'intelligent design' case evolved."

The Allentown Morning Call contains an article headlined "Keep 'design' out of school, judge rules; It's religion, he says, and doesn't belong in science classes; He has harsh words for Dover Area board members."

And The Toronto Globe and Mail contains a front page article headlined "'Intelligent design' nothing but religion, U.S. court rules."
Posted at 07:20 AM by Howard Bashman




"Luna probe looks at lie-test angle; Investigators consider whether prosecutor was worried about passing polygraph exam": The Baltimore Sun contains this article today.
Posted at 07:14 AM by Howard Bashman



"Court allows Mercer display; Judges rule that it's historic, not religious": This article appears today in The Lexington (Ky.) Herald-Leader.

The Louisville Courier-Journal reports today that "Commandments display is upheld; No religious intent in Mercer, court says."

And The Cincinnati Enquirer contains articles headlined "10 Commandments OK'd at courthouse" and "'Time we stood up to ACLU'; Ten Commandments bills gain supporters."
Posted at 07:05 AM by Howard Bashman




"Majority of Americans Support Alito Nomination": The Washington Post provides a news update that begins, "A majority of Americans now support the confirmation of U.S. Appeals Court Judge Samuel A. Alito to the Supreme Court to fill the seat of retiring Associate Justice Sandra Day O'Connor, according to a new Washington Post-ABC News poll." The polling data can be accessed via this link.

Bloomberg News reports that "Alito Would Likely Be Religion's Best Friend on U.S. High Court."

And The Yale Daily News reports that "Law School group releases report on Alito."
Posted at 06:44 AM by Howard Bashman



Tuesday, December 20, 2005


The Associated Press is reporting: Now available online are articles headlined "Affirmative Action Ban Ordered in Mich."; "Boston Herald Appeals $2.1M Libel Decision"; and "Lindh Asks for Lighter Prison Sentence."
Posted at 11:40 PM by Howard Bashman



The Detroit Free Press is reporting: Today's newspaper reports that "Ex-prosecutor is taking over the Fieger case; Cox appoints him on Democrats' recommendation."

And a news update is headlined "Next court test of intelligent design could be in Michigan; Federal judge rules against its teaching in Pennsylvania."
Posted at 11:35 PM by Howard Bashman




"Spy Court Judge Quits In Protest; Jurist Concerned Bush Order Tainted Work of Secret Panel": The Washington Post on Wednesday will contain a front page article that begins, "A federal judge has resigned from the court that oversees government surveillance in intelligence cases in protest of President Bush's secret authorization of a domestic spying program, according to two sources. U.S. District Judge James Robertson, one of 11 members of the secret Foreign Intelligence Surveillance Court, sent a letter to Chief Justice John G. Roberts Jr. late Monday notifying him of his resignation without providing an explanation." Judge Robertson serves on the U.S. District Court for the District of Columbia.

In somewhat related news, Wednesday's edition of The New York Times will report that "Spying Program Snared U.S. Calls."
Posted at 11:10 PM by Howard Bashman




"Judge Rules Against 'Intelligent Design'; Dover, Pa., District Can't Teach Evolution Alternative": This front page article will appear Wednesday in The Washington Post. Tomorrow's newspaper will also contain a news analysis headlined "Defending Science by Defining It."
Posted at 11:04 PM by Howard Bashman



"Former prosecutor guilty in shooting of rival attorney": The Seattle Times provides this news update.

And The Associated Press reports that "Former prosecutor convicted in shooting of rival attorney."
Posted at 11:00 PM by Howard Bashman




"Bar Association objects to police posing as lawyers": The Associated Press provides a report from Seattle, Washington that begins, "The Washington State Bar Association is asking the state Supreme Court to ban police from posing as lawyers - as officers did to obtain DNA evidence in one recent case - saying the practice is unnecessary and damages the credibility of attorney-client relationships."

According to the article, "The issue arose following the conviction of John Athan, a Palisades Park, N.J., man found to have murdered a 13-year-old girl in Seattle in 1982, when he was 14. Though Athan was a suspect in the case, police didn't have the evidence to arrest him and the case went unsolved for two decades. In 2003, police sent him a letter on the stationery of a fictitious law firm, asking if they could represent him in a class-action lawsuit. Athan licked the envelope and returned it, providing the DNA sample investigators needed to link him to semen found on the girl's body."
Posted at 10:54 PM by Howard Bashman




"Judge Rejects Teaching Intelligent Design": This article will appear Wednesday in The New York Times.
Posted at 10:35 PM by Howard Bashman



Available online from law.com: Melissa Nann Burke reports that "Federal Judge Rules Intelligent Design Unconstitutional."
Posted at 10:22 PM by Howard Bashman



"A defeat for 'Intelligent Design'": This segment (transcript with link to audio) appeared on this evening's broadcast of the PBS program "The NewsHour with Jim Lehrer."
Posted at 10:20 PM by Howard Bashman



Available online from National Public Radio: This evening's broadcast of "All Things Considered" contained segments entitled "Pa. Judge Bars Intelligent Design in Science Classes"; "How 'Dover' May Affect U.S. Schools"; "In Favor of Barring Intelligent Design from the Classroom"; "Assessing the Legal Reaches of Executive Power"; and "Behind the 'Times' Publication of U.S. Spying Story."

And today's broadcast of "Talk of the Nation" contained a segment entitled "Pa. Judge Bans Intelligent Design in Schools."

RealPlayer is required to launch these audio segments.
Posted at 10:12 PM by Howard Bashman




"Lynch makes first pick for high court; Gary Hicks has long history as lawyer": The Concord (N.H.) Monitor contains this article today.

And The Manchester Union Leader reports today that "Lynch to nominate Hicks to Supreme Court."
Posted at 09:15 PM by Howard Bashman




"No Coke. Pepsi." This opinion that the U.S. Court of Appeals for the Tenth Circuit issued today describes in quite interesting detail a dispute between a Pepsi-Cola bottler and PepsiCo, Inc.
Posted at 09:08 PM by Howard Bashman



"In the blink of an eye, blogs became big": "How Appealing" reader (and blogger) Daniel Rubin has this article today in The Philadelphia Inquirer.
Posted at 05:48 PM by Howard Bashman



"Judiciary Democrats Want Alito Papers": Jesse J. Holland of The Associated Press provides this report.

And The Bangor Daily News reports today that "Alito foes rally in Portland; Senators urged to reject nominee."
Posted at 05:33 PM by Howard Bashman




"Chief justice asks 17 percent raise for state's judges; Idea gets lukewarm response from Corzine transition team": The Newark (N.J.) Star-Ledger contains this article today.
Posted at 05:28 PM by Howard Bashman



"Banned in biology class: intelligent design; Teaching the theory in public schools violates Constitution, judge rules." This article will appear Wednesday in The Christian Science Monitor.
Posted at 05:20 PM by Howard Bashman



"U.S. appellate court allows commandments display in Mercer County": The Lexington Herald-Leader provides this news update.

And in case anyone feared there might be a dearth of Ten Commandments-related litigation in Kentucky, The Louisville Courier-Journal reports today that "Commandments displays sought in Kentucky; With 2 bills filed, Democrats, Republicans start maneuvering."
Posted at 05:14 PM by Howard Bashman




"Displaced artifacts generate legal heat; The fate of rare items occupies a judge and three native groups": This article appears today in The Honolulu Star-Bulletin.
Posted at 05:08 PM by Howard Bashman



"Polygraph Loomed For Md. Lawyer; Federal Prosecutor Found Dead in '03": The Washington Post today contains an article that begins, "Federal prosecutor Jonathan P. Luna, whose death has confounded authorities for two years, was asked to take a lie detector test in connection with about $36,000 in missing evidence shortly before he was found stabbed and drowned in rural Pennsylvania, according to several sources familiar with the investigation. The previously undisclosed polygraph examination sheds new light on the investigation into the Baltimore prosecutor's death, one of the region's most enduring mysteries. The sources said some investigators view the looming polygraph test as support for the theory that Luna -- whose body was found two years ago this month with 36 stab wounds, most of them superficial -- took his own life. The sources asked not to be identified because the case remains open."

And The Baltimore Sun provides a news update headlined "Source: Luna avoided polygraph before death; Federal prosecutor's 2003 death was ruled a homicide, remains unsolved" that begins, "Investigators looking into the still-unsolved death of Jonathan P. Luna have not ruled out that he took his own life because the federal prosecutor may have worried about passing a polygraph, a source familiar with the probe confirmed today."
Posted at 04:45 PM by Howard Bashman




"Court Issues Troubling Decision In Dover Intelligent Design Case": The Thomas More Law Center issued this news release today.

The American Civil Liberties Union, by contrast, issued a press release titled "ACLU Applauds Decision in 'Intelligent Design' Case."
Posted at 04:33 PM by Howard Bashman




"'01 Resolution Is Central to '05 Controversy": Today in The New York Times, David Johnston and Linda Greenhouse have an article that begins, "At the heart of the debate over the legality of the program to eavesdrop on the international communications of American citizens without a court order is a Congressional resolution passed a week after the Sept. 11, 2001, hijackings that authorized the president to use force against those responsible for the attacks."
Posted at 04:25 PM by Howard Bashman



"Equal Justice Under Scaffolding": The Public Information Office of the U.S. Supreme Court has issued this notice.
Posted at 04:05 PM by Howard Bashman



Auctions of U.S. Supreme Court bobblehead dolls vs. that Court's ruling in Basic Inc. v. Levinson: Today's mail contained the Autumn 2005 issue of The Green Bag, a publication that's so interesting I might subscribe even without the bobblehead dolls. But speaking of bobblehead dolls, the brand new issue of that publication contains a quite interesting letter titled "An Irrational Market" written by Ira Brad Matetsky addressing the topic mentioned at the outset of this post. (Thanks to Ira and The Green Bag for allowing me to upload a copy of his letter.)

While I'm on the subject, the Justice Antonin Scalia bobblehead being auctioned at eBay ended up selling for $370.00 two days ago. And Tom Goldstein's auction of a Chief Justice William H. Rehnquist bobblehead doll that will conclude on Christmas Eve currently reflects a high bid of $2,025.00.
Posted at 04:00 PM by Howard Bashman




The St. Petersburg Times is reporting: Today's newspaper reports that "Judge Downey to retire in 2007; In a statement saying he won't seek re-election, the judge denies sexual harassment allegations that have stirred controversy for months." A related news update is headlined "Judge faces charges; Pinellas Circuit Judge Brandt Downey could be removed if he is found guilty of viewing pornography and improper contact with attorneys."

Elsewhere in today's newspaper, an article reports that "Al-Arian wants charges dropped; There's no point for federal prosecutors to retry him on the charges the jury couldn't decide, Al-Arian's lawyer says."
Posted at 03:50 PM by Howard Bashman




"Courthouse returns to former glory; 130-year-old building gets seismic upgrade and new technology": This article about the Pioneer Courthouse in Portland, Oregon appears today in The Portland Tribune.
Posted at 03:40 PM by Howard Bashman



On today's broadcast of NPR's "Day to Day": The broadcast contained segments entitled "Slate's Human Nature: 'Intelligent Design' Rejected" and "Bush's Legal Basis for Domestic Spying Program." RealPlayer is required to launch these audio segments.
Posted at 03:33 PM by Howard Bashman



If the New York City subway system never resumes operation, perhaps the appeal will be moot: The Associated Press reports that "Group Appeals NYC Subway Search Decision."
Posted at 03:30 PM by Howard Bashman



"ACLJ Gets 10 Commandments Win in Kentucky Case; Federal Appeals Court OK's Constitutional Display": The American Center for Law and Justice has issued this news release today. My earlier coverage is here.
Posted at 03:20 PM by Howard Bashman



Where do Becker and Posner stand on the question of the death penalty for drunk drivers? Responding to recent posts at "The Becker-Posner Blog" that I earlier linked to here, Law Professor Doug Berman in his update to this post at the "Sentencing Law and Policy" blog asks some interesting questions.
Posted at 03:15 PM by Howard Bashman



Claim accusing Westin Los Angeles Airport Hotel of race discrimination in contracting for allowing hotel Grand Ballroom to be used for a Bar Mitzvah instead of an African-American fashion show must be resolved at trial, Ninth Circuit rules: Today's ruling from the U.S. Court of Appeals for the Ninth Circuit, reversing the trial court's grant of summary judgment in favor of the hotel, can be viewed at this link.
Posted at 03:11 PM by Howard Bashman



"The Secrets They Keep: How telling the president what he'd like to hear can be good for your career." Law Professor Bruce Ackerman has this jurisprudence essay online at Slate.
Posted at 03:02 PM by Howard Bashman



"Federal Judge Rules Against 'Intelligent Design'": Henry Weinstein of The Los Angeles Times provides this news update.

The New York Times provides a news update headlined "Judge Bars 'Intelligent Design' From Pa. Classes."

And The Pittsburgh Post-Gazette provides a news update headlined "Judge bars school from mentioning 'intelligent design.'"
Posted at 02:55 PM by Howard Bashman




"Statement of Senator Feinstein on Withdrawal of 9th Circuit Split Provision": U.S. Senator Dianne Feinstein (D-CA) issued this statement yesterday.
Posted at 01:25 PM by Howard Bashman



"Judge rules against Dover school board": The York (Pa.) Daily Record provides this news update.

The Philadelphia Inquirer provides a news update headlined "Federal judge: Intelligent design unconstitutional."

And CNN.com reports that "Judge rules against 'intelligent design' in science class."
Posted at 12:30 PM by Howard Bashman




"The New York Times Legal Aid Society: The newspaper helps a very young pornographer find a lawyer." Jack Shafer has this press box essay online at Slate.
Posted at 11:55 AM by Howard Bashman



"Patent Abuse": Jim Balsillie, chairman and co-CEO of Research In Motion, had this BlackBerry-related op-ed (pass-through link) in yesterday's edition of The Wall Street Journal.
Posted at 11:45 AM by Howard Bashman



"9th Circuit remains intact - for now; A proposal to split the appeals court is trimmed from a budget-cutting bill": This article appears today in The Sacramento Bee.

The San Francisco Chronicle reports today that "Congress drops plan to split Ninth Circuit."

The Arizona Daily Star reports that "Congress rules out breakup of court."

And The Associated Press reports that "Plan to split court dropped; Republicans planned to divide 9th circuit."
Posted at 11:15 AM by Howard Bashman




"Judge Rules Against 'Intelligent Design'": The Associated Press provides this report.
Posted at 11:00 AM by Howard Bashman



BREAKING NEWS -- Pennsylvania federal district court rules that Dover, Pennsylvania's teaching of intelligent design violates the Establishment Clause of the First Amendment: Today's ruling of the U.S. District Court for the Middle District of Pennsylvania can be accessed here. And I have posted a copy of the court's ruling here.

The opinion concludes:

To preserve the separation of church and state mandated by the Establishment Clause of the First Amendment to the United States Constitution, and Art. I, § 3 of the Pennsylvania Constitution, we will enter an order permanently enjoining Defendants from maintaining the ID Policy in any school within the Dover Area School District, from requiring teachers to denigrate or disparage the scientific theory of evolution, and from requiring teachers to refer to a religious, alternative theory known as ID. We will also issue a declaratory judgment that Plaintiffs' rights under the Constitutions of the United States and the Commonwealth of Pennsylvania have been violated by Defendants' actions.
Earlier in today's opinion, U.S. District Judge John E. Jones III writes:
[W]e do not question that many of the leading advocates of ID have bona fide and deeply held beliefs which drive their scholarly endeavors. Nor do we controvert that ID should continue to be studied, debated, and discussed. As stated, our conclusion today is that it is unconstitutional to teach ID as an alternative to evolution in a public school science classroom.

Those who disagree with our holding will likely mark it as the product of an activist judge. If so, they will have erred as this is manifestly not an activist Court. Rather, this case came to us as the result of the activism of an ill-informed faction on a school board, aided by a national public interest law firm eager to find a constitutional test case on ID, who in combination drove the Board to adopt an imprudent and ultimately unconstitutional policy. The breathtaking inanity of the Board's decision is evident when considered against the factual backdrop which has now been fully revealed through this trial. The students, parents, and teachers of the Dover Area School District deserved better than to be dragged into this legal maelstrom, with its resulting utter waste of monetary and personal resources.

In case anyone has difficulty accessing the opinion from the court's web site, I have posted a copy of the ruling here.
Posted at 10:42 AM by Howard Bashman



The Toronto Globe and Mail is reporting: Today's newspaper contains articles headlined "RIM boss says NTP abusing U.S. patent system; Balsillie argues that rival is exploiting system's 'burdens' in BlackBerry dispute" and "Courts will rule on public's right to criticize city hall; Cases focus on libel suits against citizens accused of defaming municipalities."
Posted at 10:28 AM by Howard Bashman



BREAKING NEWS -- U.S. Court of Appeals for the Sixth Circuit refuses to hold unconstitutional a Ten Commandments display identical to the one recently held unconstitutional by the U.S. Supreme Court in McCreary County v. American Civil Liberties Union of Ky.: Today's Sixth Circuit ruling can be accessed at this link. The difference between today's case and the case the U.S. Supreme Court decided earlier this year, according to the two Sixth Circuit judges who joined in the majority opinion, is: "The Mercer County display has a secular purpose. Unlike McCreary County, there is nothing in the legislative history or implementation that tends to prove a religious purpose. Nor does the display have the effect of endorsing religion. The display is therefore constitutional as a matter of law."
Posted at 10:14 AM by Howard Bashman



"When Can Congress Remove Judges?" Law Professors Todd D. Peterson and Saikrishna B. Prakash debate the issue here this week at legalaffairs.org.
Posted at 10:08 AM by Howard Bashman



On today's broadcast of NPR's "Morning Edition": The broadcast contained segments entitled "Wiretapping and the Efficiency of Court Warrants"; "Legality of Bush Eavesdropping Order Questioned"; and "Decision Expected in Intelligent Design Case." RealPlayer is required to launch these audio segments.
Posted at 09:58 AM by Howard Bashman



"Workers' bias suit ends in win, slur; Jurors said a lawyer called them 'crackers'; The school district was told to pay four white men nearly $3 million": The Philadelphia Inquirer today contains an article that begins, "Four white men fired by the Philadelphia School District have won a racial-discrimination lawsuit, and a federal jury awarded them nearly $3 million in damages. After Friday's verdict, Carl E. Singley, a prominent African American lawyer who represented the school district, exchanged words with some members of the all-white jury as they rode a courthouse elevator. He called them 'crackers,' four jurors said in interviews." Sources say that Mr. Singley currently has no articles accepted for and awaiting publication in The Yale Law Journal.
Posted at 09:44 AM by Howard Bashman



"Yale L.J. Refuses to Revoke Acceptance of Article Despite Racist Statements Made by Author While a Student at Harvard": This post appears today at "TaxProf Blog." My earlier coverage is here.
Posted at 09:38 AM by Howard Bashman



Eleventh Circuit reverses dismissal of lawsuit against Second Circuit judge: Yesterday's unpublished Eleventh Circuit ruling can be accessed here (via "Abstract Appeal").
Posted at 09:12 AM by Howard Bashman



"Hershey suit judges book by its cover": The Harrisburg Patriot-News today contains an article that begins, "The Hershey Co. is suing publisher Simon & Schuster, saying the cover of a soon-to-be-released book about Milton S. Hershey resembles a Hershey's chocolate bar."
Posted at 09:08 AM by Howard Bashman



"Evolution ruling expected; The federal lawsuit on intelligent design will likely chart the future of science education": The Philadelphia Inquirer today contains an article that begins, "A decision is expected today in the first-ever federal trial on the teaching of intelligent design - a ruling that will likely have far-reaching impact on the future of science education in the United States." I will link to the ruling just as soon as it becomes available online.
Posted at 09:05 AM by Howard Bashman



"Specter will question Alito on legality of NSA spying": Michael McGough has this article today in The Pittsburgh Post-Gazette.

The Gallup Poll reports today that "Public Still Behind Alito; Democrats slightly more negative."

The Arkansas Democrat-Gazette reports that "Anti-Alito campaign rolls across Arkansas."

In The Oregonian, columnist David Reinhard has an op-ed entitled "Alito nomination: Sleazy ad 'Borks' judge's position on legality of warrants."

And in The Albany Times Union, Paul K. McMasters has an op-ed entitled "A more open view of court is in order."
Posted at 07:20 AM by Howard Bashman




"Bush bypassed compliant court on wiretapping; Warrants rarely denied": Charlie Savage has this article today in The Boston Globe.
Posted at 07:14 AM by Howard Bashman



"Administration Cites War Vote in Spying Case": This article appears today in The New York Times.
Posted at 07:12 AM by Howard Bashman



In today's issue of The Los Angeles Times: Richard B. Schmitt and David G. Savage have a news analysis headlined "Legal Test Was Seen as Hurdle to Spying; Some say the court's tougher standard of 'probable cause' led to the surveillance order."

In other news, "Audit Says Guam Court Secretly Hired Lobbyist."

An article reports that "Prisons to Curtail Racial Segregation; State officials will phase in a new policy in which race will be considered along with gang ties and personal histories in assigning housing."

In local news, "A Public Goodbye for Williams; About 2,000 people turn out to view the body of the killer and writer executed last week despite a high-profile campaign to save his life."

An article headlined "Alleged Videotaping for Extortion Described" begins, "The creator of the 'Girls Gone Wild' video series testified Monday about an alleged shakedown attempt at his Bel-Air mansion, saying that he was 'scared to death' when a Los Angeles man broke in and forced him at gunpoint to partially disrobe and pose for a demeaning videotape."

An editorial entitled "Editor in chief" begins, "One of the perks of being commander in chief is that you get to edit the Constitution, even the Bill of Rights, from time to time. That is in essence the legal justification offered by the Bush administration for its authorization of a secret program to wiretap, without any court order, international communications of individuals within the United States suspected of ties to terrorist groups."

And Law Professor John C. Yoo has an op-ed entitled "A president can pull the trigger."
Posted at 07:05 AM by Howard Bashman




"Rushing to Execute in Texas": This editorial appears today in The New York Times.
Posted at 06:50 AM by Howard Bashman


Monday, December 19, 2005


"Actually, I was going to stay in my office tonight and work on my law blog." That bit of dialogue was spoken by Bob Loblaw, portrayed by actor Scott Baio, on this evening's episode of FOX's "Arrested Development." As a result, tonight the blog "Decision of the Day" is receiving a few more visits than usual. Of course, the "Bob Loblaw's Blawg" joke was anticipated even before the "Decision of the Day" blog sprung into existence with a post about dirty dancing.
Posted at 11:35 PM by Howard Bashman



Available online from law.com: Justin Scheck reports that "9th Circuit Split Dropped in Congress."

Tony Mauro reports that "Alito Speeches Reveal a Warmer, Wittier Nominee." The article links to the texts of the speeches discussed in the article.

In other news, "High Court Will Hear Mohawk's Bid to Toss RICO Suit by Employee; Carpet workers claim company hired illegal aliens to drive wages down."

And Shannon P. Duffy reports that "Dismissal of $4.6 Billion Merck Securities Case Affirmed."
Posted at 11:20 PM by Howard Bashman




"RIM Chairman Hails Patent Office Decision": The Associated Press provides a report that begins, "Research In Motion's chairman says he's heartened that the U.S. patent office is moving faster in re-examining patents at the crux of the bitter legal battle over his company's pioneering BlackBerry wireless e-mail service."
Posted at 11:14 PM by Howard Bashman



"Young Killer Is Ruled Competent; Lawyers Acknowledge His Ruse": The New York Times on Tuesday will contain an article that begins, "A youth convicted in 2001 of stomping a 6-year-old playmate to death was ruled mentally competent on Monday for a hearing to determine whether he is returned to prison, perhaps for life. The ruling followed his lawyers' acknowledgment that he had faked being suicidal."
Posted at 11:05 PM by Howard Bashman



"How Long Does it Take to Litigate a Supreme Court Case?" At the "Crime & Federalism" blog, Mike Cernovich has this post about the counsel fee application in the Michigan interstate wine shipment case. Chances are that the application doesn't even seek reimbursement for all the wine that had to be consumed in order to properly understand and research the questions presented.
Posted at 10:55 PM by Howard Bashman



"Alito Opinion Backs Dealers in Ford Fight": The Associated Press provides this report. My earlier coverage is here.

And Tuesday's edition of The Hill will report that "Alito allies to campaign nationwide."
Posted at 10:50 PM by Howard Bashman




"Yale Law Journal Controversy": This post appears at the blog "blackprof.com." Additional information is available at the blog "The YLJ debate." And the blog "Letters of Marque" has a post titled "Some Comments on what Law Reviews Do."
Posted at 08:55 PM by Howard Bashman



In news from New Hampshire: The Associated Press reports that "Lynch to nominate Judge Hicks to state Supreme Court."
Posted at 07:15 PM by Howard Bashman



"The Economics of Capital Punishment": Seventh Circuit Judge Richard A. Posner has this new, and quite interesting, post at "The Becker-Posner Blog." His co-blogger, Professor Gary Becker, responds with a post titled "More on the Economics of Capital Punishment."
Posted at 06:58 PM by Howard Bashman



"President Nominates Former Idaho GOP Chair to Ninth Circuit": This article appears today in the Metropolitan News-Enterprise. My earlier post about the nomination is here.
Posted at 05:48 PM by Howard Bashman



"Yale Law Students and Faculty Issue Report on Judge Alito's Record": "ACSBlog" offers this post. The report of the "Alito Project at the Yale Law School" can be accessed here.
Posted at 05:45 PM by Howard Bashman



"Past rulings don't support Bush's use of war powers": Today in The Boston Globe, Charlie Savage has an article that begins, "President Bush's assertion that his powers as commander in chief allowed him to authorize wiretaps on Americans despite a 1978 wiretapping law has little support in past Supreme Court rulings."

And at "The Volokh Conspiracy," Orin Kerr has a lengthy post titled "Legal Analysis of the NSA Domestic Surveillance Program."
Posted at 05:12 PM by Howard Bashman




"Lawmakers to Ask Alito About Spy Views": Jesse J. Holland of The Associated Press provides this report.
Posted at 05:10 PM by Howard Bashman



"Cox appoints special prosecutor in Fieger case": The Detroit Free Press provides a news update that begins, "Michigan Attorney General Mike Cox, acting on the recommendation of a group of career county prosecutors, has named a former prosecutor from the Upper Peninsula to take over a criminal investigation of firebrand attorney Geoffrey Fieger. Patrick Shannon, 54, who served 18 years as prosecutor in Chippewa County, said he will start from scratch on the inquiry into whether a series of attack ads in the 2004, paid for anonymously by Fieger, violated the law."

And The Detroit News provides an update headlined "Cox appoints independent counsel to conduct Fieger investigation."
Posted at 05:08 PM by Howard Bashman




"Paso City Council to consider 'In God We Trust'; It is apparently the only city in the county looking at putting the saying in the City Council chambers": Yesterday's edition of The San Luis Obispo Tribune contained this article.
Posted at 05:00 PM by Howard Bashman



"Hey, teacher, leave those kids alone": An article in this past Saturday's issue of The Weekend Australian reports, "In the US, a rash of high-profile cases involving female teachers and their teen lovers has led to a raging debate over whether a double standard applies when it comes to the way society, the media and the courts view sexual misconduct and the web of ethical, moral and legal issues involved."
Posted at 04:54 PM by Howard Bashman



"Failure to Communicate": At the blog "Scrivener's Error," C.E. Petit has a post that begins, "A very disturbing story in the Honolulu Star-Bulletin reflects both considerable distrust for and considerable ignorance about judicial decisionmaking."
Posted at 04:50 PM by Howard Bashman



"Alito: A Likely Vote to Approve Presidential Power to Eavesdrop on Americans?" The organization People For the American Way issued this statement today.
Posted at 04:20 PM by Howard Bashman



"Ninth Circuit Appellate Court asked to Reconsider its Ruling that it is OK For Public Schools To Teach Seventh Graders 'To Become Muslims'": The Thomas More Law Center issued this press release today.
Posted at 04:15 PM by Howard Bashman



"ACLU to appeal Quran ruling": Friday's edition of The News-Record of Greensboro, North Carolina contained an article that begins, "Officials with the American Civil Liberties Union of North Carolina said Thursday that they will appeal last week's ruling regarding courtroom oaths. The ACLU had filed a lawsuit on behalf of its roughly 8,000 members asking the court to clarify that state law allows people to use non-Christian religious scriptures for oath-taking."

In earlier coverage, the newspaper reported two Fridays ago that "Judge throws out Quran suit."
Posted at 04:05 PM by Howard Bashman




"Hold the Line: The Texas redistricting case is not a winner for Democrats." Law Professor Richard L. Hasen, author of the "Election Law" blog, has this jurisprudence essay online at Slate.
Posted at 03:50 PM by Howard Bashman



"RIM shares up after patent office, court decisions": Reuters provides this report.
Posted at 02:50 PM by Howard Bashman



"Governor to nominate Baldwin to Pennsylvania Supreme Court": The Pennsylvania State University has issued a press release that begins, "Cynthia A. Baldwin, chair of the Penn State Board of Trustees, will be nominated to the Pennsylvania Supreme Court next month by Governor Edward G. Rendell. Baldwin, the first elected African-American female judge on the Allegheny County Court of Common Pleas, would replace sitting Justice Russell Nigro pending Senate confirmation. The appointment would be for two years, after which the seat would become open for election to a 10-year term."
Posted at 02:44 PM by Howard Bashman



"Lionel Tate ruled competent to face probation violation charges": The South Florida Sun-Sentinel provides a news update that begins, "Lionel Tate is competent to face probation violation charges that could send him away to prison for life, a judge ruled on Monday. Tate's attorneys said that the convicted child killer had fallen under the sway of another inmate who advised him to feign mental illness."

And The Associated Press reports that "Judge Rules Fla. Teen Killer Competent."
Posted at 02:40 PM by Howard Bashman




Not just any old Alito opinion: Third Circuit Judge Samuel A. Alito, Jr. issued this opinion today on behalf of a unanimous three-judge panel.

The opinion rules in favor of the little guys against big business in a case involving Article III's standing requirement. The decision even contains a catchy soundbite: "Injury-in-fact is not Mount Everest."
Posted at 02:30 PM by Howard Bashman




"Everybody wrong on recruiting": Today in The Athens Banner-Herald, Law Professor Jim Ponsoldt has an op-ed that begins, "As both a former naval reserve officer and a law professor, I was surprised to find that, for the most part, I agreed with the Athens Banner-Herald's Dec. 8 editorial opposing policies at some law schools prohibiting the military from recruiting students on campus."

And yesterday, The Toledo Blade published a Solomon Amendment-related editorial entitled "A war of words."
Posted at 12:35 PM by Howard Bashman




"Trial's weight hinges on ruling; Outcome of a hearing today dictates whether Passaro's trial is high-profile or routine": This past Friday's edition of The Raleigh News & Observer contained an article that begins, "If former CIA contractor David Passaro gets a federal judge to rule his way, U.S. Attorney General Alberto Gonzales, CIA Director Porter Goss and others could be testifying at his trial, which Passaro hopes will prove he was authorized to beat an Afghan detainee."

And on Saturday, the newspaper published an article headlined "Passaro claim termed bogus; Prosecutor: No CIA authorization."
Posted at 12:33 PM by Howard Bashman




Late January isn't a bad time of year to be in South Florida: The University of Miami School of Law has issued a news release titled "U.S. Supreme Court Justice Stephen G. Breyer will deliver the Cole Lecture at UM Law School Thursday January 26th, 2006."
Posted at 12:30 PM by Howard Bashman



Pennsylvania-based federal district court has announced that it will issue its ruling tomorrow in the intelligent design case captioned Kitzmiller, et al. v. Dover School District, et al. Key court filings in the case can be accessed here via the web site of the U.S. District Court for the Middle District of Pennsylvania.

Yesterday, as I previously noted here, The New York Times published this profile of the trial judge. And yesterday's edition of The York Sunday News contained an article headlined "Judge's ruling in Dover case nears." The York Daily Record's archive of coverage about the dispute and the litigation can be accessed here.
Posted at 11:33 AM by Howard Bashman




"The Constitution Versus Itself": CBS News legal analyst Andrew Cohen has this essay today.
Posted at 11:00 AM by Howard Bashman



A Berry good cert. petition? On Friday, the blog "Patently-O: Patent Law Blog" had a post titled "RIM Appeals to the Supreme Court." You can view the petition for writ of certiorari in the BlackBerry patent lawsuit at this link.
Posted at 10:32 AM by Howard Bashman



"Patent Challenge to Pfizer Is Rejected": Saturday's edition of The New York Times contained an article that begins, "A federal judge yesterday rejected a patent challenge to Lipitor, a cholesterol-lowering medicine from Pfizer that is the world's top-selling drug." You can access Friday's ruling of the U.S. District Court for the District of Delaware at this link.

In more recent coverage, The Associated Press provides reports headlined "Pfizer Shares Rise on Lipitor Patent Win" and "Ranbaxy Shares Drop on Losing Patent Case." Reuters reports that "Court Rules for Pfizer in Lipitor Patent Case."

Financial Times reports today that "Pfizer shares rise 12% after ruling." The Economic Times of India contains an article headlined "Will this bitter pill cost Ranbaxy dear?" And the Indo-Asian News Service reports that "Ranbaxy to appeal US court decision on Pfizer patents."

Additional background on the case can be found today in Crain's Detroit Business via an article headlined "Drug war: Lipitor creator Roger Newton and Pfizer face a challenge to their patent, but they are ready to fight."
Posted at 10:25 AM by Howard Bashman




See the redesigned "TalkLeft" blog: The look is new (and very nice, too!), but the address remains the same.
Posted at 10:08 AM by Howard Bashman



"Eminently important rights: Ohio Supreme Court can protect private property owners": David J. Owsiany had this op-ed yesterday in The Akron Beacon Journal.
Posted at 10:04 AM by Howard Bashman



In today's edition of The Toronto Globe and Mail: An article headlined "Ottawa can eavesdrop on Canadians under law" begins, "Canada's anti-terrorism law opened the door to secret eavesdropping on Canadians and others inside Canada, the same kind of activity that is causing a furor in the United States, intelligence and legal experts say."

And the law professor who received a $12,000 (Canadian) cell phone bill for calls she didn't make is the subject of a front page article headlined "$12,000 bill forgiven, Rogers will come to tea."
Posted at 09:54 AM by Howard Bashman




Criminal defendant forced to wear leg iron shackles during his trial in Michigan state court is too guilty to succeed in habeas corpus due process challenge to his prison escape-related criminal convictions: The U.S. Court of Appeals for the Sixth Circuit issued this ruling today.
Posted at 09:50 AM by Howard Bashman



"Hawaiian group says court fails in dispute; Hui Malama believes federal judges do not understand traditions and cannot rule fairly": The Honolulu Star-Bulletin on Saturday contained an article that begins, "A native Hawaiian group decried yesterday that 'deeply felt cultural issues' involving 83 artifacts reburied on the Big Island are being decided 'in a Western court' that has no understanding of Hawaiian traditions."
Posted at 09:40 AM by Howard Bashman



"Leaders in Congress OK Cuts to Budget; Lawmakers agree to slash $41.6 billion and to attach an Arctic drilling measure to a defense bill": An article in today's edition of The Los Angeles Times reports that "House and Senate negotiators also rejected an effort to include in the budget-cutting bill a measure to split the San Francisco-based U.S. 9th Circuit Court of Appeals into two benches."

And in yesterday's issue of The Orange County Register, Steven Greenhut had an op-ed entitled "Split decision -- Some conservatives want to split up the notoriously liberal 9th U.S. Circuit Court of Appeals, to which we say: Be careful what you wish for."
Posted at 09:35 AM by Howard Bashman




"Flaws in the Supreme process": Bill Constangy has this op-ed today in The Washington Times.

And yesterday in The Atlanta Journal-Constitution, columnist Cynthia Tucker had an op-ed entitled "Campaign for religious state is no blessing."
Posted at 07:12 AM by Howard Bashman




"Wikipedia's Woes: Tumultuous Weeks for Internet Encyclopedia Bring Furor Over Anonymity, Accountability." Jason Fry has this Real Time essay (free access) today at The Wall Street Journal Online.
Posted at 07:10 AM by Howard Bashman



"Man who fought evolution stickers won't be silent": This article appears today in The Atlanta Journal-Constitution.
Posted at 07:04 AM by Howard Bashman



In today's issue of The Los Angeles Times: Ronald Brownstein's Washington Outlook column is headlined "Redistricting Case Is Court's Chance to Stop Partisan Excesses."

And in other news, "Rights Clash in Bias Suit Against UC; A Christian school says admissions policies violate its freedom of speech and religion; The university defends its role in setting standards."
Posted at 07:00 AM by Howard Bashman




"DNA Evidence: Man seeks DNA test to clear him in killing." This article, the second in a three-part series, appears today in The Pittsburgh Post-Gazette.
Posted at 06:58 AM by Howard Bashman



"BlackBerry Picking": James Surowiecki has this Talk of the Town essay in the December 26, 2005 issue of The New Yorker.
Posted at 06:48 AM by Howard Bashman


Sunday, December 18, 2005


In Monday's edition of The New York Times: An article will report that "Once-Lone Foe of Patriot Act Has Company."

And reporter Kurt Eichenwald will have a series of articles about the business of online child pornography. The articles are headlined "Through His Webcam, a Boy Joins a Sordid Online World"; "A Shadowy Trade Migrates to the Web"; "Where the Credit Card Trail Leads"; "Documenting a Crime That Thrives on Anonymity"; and "Making a Connection With Justin."
Posted at 11:58 PM by Howard Bashman




"DNA Evidence: Convicts find DNA tests to be tough sell to judges." This article, the first in a three-part series, appears today in The Pittsburgh Post-Gazette.
Posted at 10:20 PM by Howard Bashman



The Detroit News is reporting: Today's newspaper contains an article headlined "Wine fight may cost state $1M; Mich. wineries' attorneys seek payment after Cox says alcohol legislation could lead to more legal fees" that begins, "Lawyers for Michigan's wine lovers and wineries want the state to pay $1.3 million to cover their legal bills after a six-year legal battle. The request, which includes a bill from former U.S. solicitor general Kenneth Starr for $500 an hour, comes on the heels of a warning by the Michigan attorney general that legislation to reform Michigan's alcohol laws, signed into law Thursday by Gov. Jennifer Granholm, may be unconstitutional -- and could expose the state to further legal bills."

And today's newspaper also contains an article headlined "Fieger lawyer expects battle over Cox pick; Fieger lawyer says state attorney general should recuse self from naming a special prosecutor."
Posted at 10:15 PM by Howard Bashman




"Is recanting witness a victim or a villain?" The San Antonio Express-News today contains this follow-up article about the Ruben Cantu matter, which The Houston Chronicle focused on last month in an article headlined "Did Texas execute an innocent man? Eyewitness says he felt influenced by police to ID the teen as the killer."
Posted at 10:11 PM by Howard Bashman



"Blawg Review #37": Available here at "The Wired GC."
Posted at 10:00 PM by Howard Bashman



"Let voters fix a gerrymander": Monday's edition of The Christian Science Monitor will contain an editorial that begins, "The Supreme Court grabbed a live wire last week when it agreed to hear a dispute over Texas congressional redistricting."
Posted at 08:44 PM by Howard Bashman



"Matching Granddad? He wins hands down." Today in The San Diego Union-Tribune, columnist Ruben Navarrette Jr. has an op-ed that begins, "Supreme Court nominee Samuel Alito Jr. has a top-notch resume that suggests an interesting life. So I was intrigued when I read an article that mentioned how Judge Alito had said that he's convinced that the life story of his immigrant father - who died in the mid-1980s - is, hands down, much more interesting."
Posted at 08:40 PM by Howard Bashman



"Stevens Celebrates 30 Years on High Court": Gina Holland of The Associated Press provides this report.
Posted at 05:05 PM by Howard Bashman



"Courts Lift Curbs On Kids Buying Violent Games; Free-Speech Rights Cited As State Laws Are Blocked; Sen. Clinton Offers a Bill": This front page article (free access) appeared yesterday in The Wall Street Journal.
Posted at 05:00 PM by Howard Bashman



"Job dream fizzles for disabled lawyer; If he is employed, the state will not pay for someone to assist him with personal needs": The Orlando Sentinel today contains an article that begins, "Armed with a law degree from Florida State University and an offer to work as an assistant state attorney in Lake County, Aaron Bates was on the road to self-sufficiency despite being severely disabled almost from birth. But in a classic case of Catch-22, the state warned Bates last month that if he accepts the job, it will no longer pay for an attendant, without whom he cannot function."
Posted at 04:50 PM by Howard Bashman



eBay auction of Justice Antonin Scalia bobblehead doll concludes this evening: With just under six hours to go as of the time of this post, the current high bid is a mere $300.00. The complete listing is at this link. For reasons that The Green Bag explains here, even many subscribers to that publication cannot easily obtain a Scalia bobblehead doll.
Posted at 02:50 PM by Howard Bashman



"Navigating an odyssey to Guantanamo Bay": Marcia Coyle will have this profile of Navy Lieutenant Commander Charles Swift in tomorrow's issue of The National Law Journal. Swift is runner-up for the publication's "Lawyer of the Year" designation.
Posted at 02:40 PM by Howard Bashman



Tony Mauro is reporting: In tomorrow's issue of Legal Times, Tony will have articles headlined "The Other Side Of Sam Alito: His speeches reveal a warmer, wittier nominee" and "Longtime AO Chief Mecham to Step Down" (subscription required).

Although, as I have noted, a subscription is required to access both articles, the article about Judge Alito contains links to PDF files of the judge's speeches, and those PDF files are freely accessible. Judge Alito's recent talk about unpublished opinions is here; Judge Alito's speech about amicus briefs is here; and Judge Alito's humorous remarks from 1995 on the occasion of receiving the Thomas More Medal from Seton Hall University School of Law can be accessed here (upside down, no less).

And while I'm on the subject of talks given by U.S. Supreme Court nominee Samuel A. Alito, Jr., the April 2002 issue of the Philadelphia Bar Reporter, at page 6, contained an article headlined "Judge Alito Briefs Committee, Offers Advice" that begins, "Third Circuit Court of Appeals Judge Samuel A. Alito Jr. spoke candidly about the effects of the litigation explosion in the 1960s and 1970s on appellate courts and gave practical suggestions on how to improve appellate briefs at the March 11 meeting of the Appellate Courts Committee."
Posted at 02:30 PM by Howard Bashman




"Tortured logic: The 'ticking-bomb' scenario, as an argument for torture, is potent; It is also silly, says one philosopher, and corrupt." Christopher Shea has this essay in the Ideas section of today's edition of The Boston Globe.
Posted at 02:10 PM by Howard Bashman



The Toronto Globe and Mail is reporting: Yesterday's newspaper contained a front page article headlined "How a terror group cloned Ted Rogers' cellphone; A customer's dispute over her hefty bill helped uncover the ability of radicals to duplicate the phones of Rogers executives" that begins, "A journey of 1,000 miles begins with a single step -- and so it was that law professor Susan Drummond's long, strange trip into the world of wireless security, where she learned that a terrorist organization had appropriated Ted Rogers' cellphone number, was launched by the arrival of a phone bill for $12,237.60."

And yesterday's newspaper also contained an article headlined "Prison tattoos go straight; Pilot project costing $700,000 will give inmates access to clean, legal needlework."
Posted at 02:05 PM by Howard Bashman




"Contours Of Evil: Inside Psychopaths' Brains; Researchers Study How The Mind Works When There's No Remorse." This article appears today in The Hartford Courant.
Posted at 01:58 PM by Howard Bashman



"Legality of Wiretaps Remains in Question": Today in The Los Angeles Times, David G. Savage and Bob Drogin have a news analysis that begins, "Is it legal for the president, acting on his own authority and without a court warrant, to order federal officials to eavesdrop on people within the United States?"
Posted at 01:48 PM by Howard Bashman



"Cocaine cases: Finding justice; Rhode Island is at the center of a dispute over how to sentence people convicted of offenses involving crack versus powder cocaine." The Providence Journal contains this article today.
Posted at 01:45 PM by Howard Bashman



"Faith and consequences: What Terri's Law cost the Republicans in Congress." This article appears today in The St. Petersburg Times.
Posted at 01:40 PM by Howard Bashman



"Governor notes Supreme Court nominee Judge Baldwin's integrity, work ethic; Judge says she is 'humbled' by decision": The Pittsburgh Post-Gazette today contains an article that begins, "Gov. Ed Rendell made it official at a Downtown Pittsburgh news conference yesterday: He intends to nominate Allegheny County Common Pleas Judge Cynthia A. Baldwin to a fill a vacancy on the Pennsylvania Supreme Court."

And The Pittsburgh Tribune-Review today reports that "Rendell tabs Baldwin for state high court."
Posted at 01:28 PM by Howard Bashman




"Flagging Alito's allegiances": Stephen R. Dujack has this op-ed today in The Newark (N.J.) Star-Ledger.
Posted at 12:00 PM by Howard Bashman



"Organizations jockey for, against Alito": This article appears today in The Portsmouth Herald.

Today in The Pueblo Chieftain, U.S. Representative Bob Beauprez (R-CO) has an op-ed entitled "Samuel Alito worthy of Senate confirmation."

In The Baltimore Sun, Jack Germond has an essay entitled "Before the litmus tests."

And in The Washington Post, Bruce Fein has an op-ed entitled "Don't Run From the Truth: Why Alito Shouldn't Deny His Real Convictions."
Posted at 10:45 AM by Howard Bashman




"Casey's clear view on abortion could muddy campaign waters": The Philadelphia Inquirer contains this article today.
Posted at 10:40 AM by Howard Bashman



"Possible Alito filibuster heats up D.C." This article appears today in The Deseret Morning News.
Posted at 09:50 AM by Howard Bashman



"Evolution Trial in Hands of Willing Judge": Today's edition of The New York Times contains this profile of U.S. District Judge John E. Jones III of the Middle District of Pennsylvania. Jones lives in Pottsville, Pennsylvania, which is home of Yuengling Brewery and also where my clerkship for Judge William D. Hutchinson of the U.S. Court of Appeals for the Third Circuit was based.
Posted at 09:22 AM by Howard Bashman



Here's a Los Angeles Times op-ed in need of fact-checking: A bit earlier, I noted here that Law Professor Marci A. Hamilton has an op-ed entitled "Is the court Catholic? If the Senate confirms Alito, a majority of the justices would share a faith tradition" in Sunday's issue of The Los Angeles Times.

In the second to last paragraph of the op-ed, Professor Hamilton writes: "If one were looking for a predominant influence on the Supreme Court, it would seem to be Harvard Law School, not Catholicism. In addition to those listed above, Ruth Bader Ginsburg, David H. Souter and Stephen G. Breyer attended Harvard Law, which means that if Alito is confirmed, the school will have seven graduates on the high court." Unfortunately, the statement that "if Alito is confirmed, [Harvard Law School] will have seven graduates on the high court" is wrong in at least three different ways.

First, earlier in the op-ed, Professor Hamilton incorrectly states that Justice Clarence Thomas attended law school at Harvard. On the contrary, Justice Thomas received his Juris Doctor from Yale Law School.

Second, while Justice Ruth Bader Ginsburg began law school at Harvard, she transferred to Columbia Law School and received her LL.B. from Columbia. Thus, she cannot be counted as a graduate of Harvard Law.

And finally, Professor Hamilton's statement in her op-ed that "if Alito is confirmed, [Harvard Law School] will have seven graduates on the high court" implies that Samuel A. Alito, Jr.'s confirmation would somehow alter the number of Harvard Law School graduates on the Court. Yet because neither Alito nor the Justice he is slated to replace, Sandra Day O'Connor, graduated from Harvard Law, Alito's confirmation will do nothing to affect the number of Harvard Law graduates on the Court. And because neither Justice Thomas nor Justice Ginsburg graduated from Harvard Law, whether or not Alito is confirmed the number of Harvard Law graduates on the Court will remain at five. Which, ironically, will be the same as the number of Catholics on the Court if Alito is confirmed according to Professor Hamilton's op-ed.
Posted at 12:44 AM by Howard Bashman



Saturday, December 17, 2005


"Gerrymanders and Judges: A political problem requires a political solution." This editorial (free access) appears today in The Wall Street Journal.
Posted at 10:20 PM by Howard Bashman



"Senators press for judges' safety; Durbin, Obama irked over delay in installing home security systems": The Chicago Tribune today contains an article that begins, "Democratic Sens. Dick Durbin and Barack Obama of Illinois met Friday with the head of the U.S. Marshals Service to voice frustration over what they call a lack of progress in establishing new safety measures to protect federal judges. Seven months ago, Congress approved money to provide home security systems for members of the federal judiciary after U.S. District Judge Joan Lefkow's husband and mother were slain by a disgruntled litigant in Chicago. But the government has yet to resolve who would pay the monthly fee for the security service."
Posted at 09:05 PM by Howard Bashman



"Late filing halts death row appeal; Court won't hear case, despite U.S. ban on execution of mentally retarded": This article appears today in The Austin American-Statesman.

And The Dallas Morning News reports today that "Technicality deals retarded death row inmate setback; Judges uphold 1-year statute of limitations for filing key appeal."
Posted at 08:48 PM by Howard Bashman




In today's edition of The Houston Chronicle: An article is headlined "5th Circuit rejects the late appeal by inmate with low IQ; Attorneys for Texas man facing execution had missed deadline by 40 days." As I noted here last night, Adam Liptak has a similar article today in The New York Times.

And Mary Flood reports that "Judge says no call for gag order, at present; Lay's speech 'just a drop in the bucket' of publicity."
Posted at 08:40 PM by Howard Bashman




"Is the court Catholic? If the Senate confirms Alito, a majority of the justices would share a faith tradition." Law Professor Marci A. Hamilton will have this essay Sunday in The Los Angeles Times.
Posted at 08:20 PM by Howard Bashman



"Justices Are Urged to Dismiss Padilla's Case": Linda Greenhouse will have this article Sunday in The New York Times.
Posted at 08:15 PM by Howard Bashman



"Pape & Chandler will seek certiorari for their Pit Bull": This post appears today at the blog "f/k/a...."
Posted at 01:20 PM by Howard Bashman



In news from Pocatello: The Pocatello Idaho State Journal reports here (fifth item) today that "President Bush on Friday nominated Idaho State District Judge Randy Smith to serve on the Ninth Circuit U.S. Court of Appeals." The official notice of yesterday's nomination is available at this link.

Earlier this month, The Idaho Statesman published an essay by columnist Dan Popkey entitled "Ex-GOP chairman would serve Idaho well on court."

The nomination could prove controversial, however, as law.com's Justin Scheck reported earlier this month in an article headlined "Concerns Raised Over Politics of 9th Circuit Nomination."
Posted at 01:10 PM by Howard Bashman




"His gay claim likely to hold up; Several legal experts think Joe Redner's statement that he is gay will survive any future legal challenges": The St. Petersburg Times today contains an article that begins, "Whether or not Joe Redner is gay, attorneys and First Amendment experts are calling the strip club owner's recent disclosure a brilliant legal move."
Posted at 12:55 PM by Howard Bashman



The New York Times is reporting: Sunday's newspaper will contain an article headlined "In Speech, Bush Says He Ordered Domestic Spying." The text of the radio address that President Bush delivered today can be accessed here.

And today's newspaper contains an article headlined "Pataki Wants Death Penalty for Killers of Police."
Posted at 12:50 PM by Howard Bashman




"BlackBerry Maker Is Emboldened By Patent Office": The Wall Street Journal today contains an article (free access) that begins, "Buoyed by a patent-office ruling, BlackBerry-maker Research In Motion Ltd. appears to be gearing up for a court showdown with patent-holder NTP Inc. rather than the last-minute settlement most analysts expect."
Posted at 11:18 AM by Howard Bashman



"Rendell moves to fill court opening": The Pittsburgh Tribune-Review today contains an article that begins, "Allegheny County's first black female judge is expected to be nominated to fill an upcoming vacancy on the state Supreme Court. Gov. Ed Rendell today plans to announce his nomination of Common Pleas Judge Cynthia A. Baldwin to fill the spot being vacated at the end of the month by Justice Russell M. Nigro, who lost a retention vote in November amid widespread voter backlash over the controversial legislative pay raise."

And The Pittsburgh Post-Gazette today reports that "Governor to name Baldwin for seat on Supreme Court."
Posted at 10:34 AM by Howard Bashman




"Lawmakers Back Use of Evidence Coerced From Detainees": The New York Times today contains an article that begins, "House and Senate negotiators agreed Friday to a measure that would enable the government to keep prisoners at Guantanamo Bay indefinitely on the basis of evidence obtained by coercive interrogations."

And the newspaper also contain a news analysis headlined "Behind Power, One Principle as Bush Pushes Prerogatives."
Posted at 08:35 AM by Howard Bashman




"Judge Alito on Civil Rights": This editorial appears today in The Washington Post.
Posted at 08:33 AM by Howard Bashman


Friday, December 16, 2005


"Date Missed, Court Shuns Low-I.Q. Man Facing Death": In Saturday's edition of The New York Times, Adam Liptak will have an article that begins, "Though the Supreme Court has prohibited the execution of the mentally retarded, a Texas death row inmate who may be retarded cannot raise the issue in federal court because his lawyer missed a filing deadline, a federal appeals court ruled this week." You can access the recent ruling of the U.S. Court of Appeals for the Fifth Circuit at this link.
Posted at 11:35 PM by Howard Bashman



Available online from law.com: An article is headlined "Closing the Patent Litigation Spigot."

In other news, "Strong Economy Fuels Pay Hikes for Judges."

An article reports that "California Supreme Court Will Consider Spousal-Rights Fray; Case reads like a TV soap opera but involves serious issues about spousal rights and wrongful death."

And in other news, "5th Circuit OKs Bankruptcy Lawyer's Unique Fee Agreement."
Posted at 11:30 PM by Howard Bashman




"Bobblehead Tax Deductions": "TaxProf Blog" offers this post.
Posted at 11:04 PM by Howard Bashman



"US judge sets filing deadline in RIM patent case": Reuters provides a report that begins, "The U.S. judge overseeing the patent infringement case against BlackBerry maker Research In Motion Ltd. on Friday ordered both sides to file final legal briefs by February 1 as he considers a request that could halt the popular mobile e-mail service."
Posted at 07:15 PM by Howard Bashman



"Padilla Lawyers Say U.S. Playing Games": The Associated Press provides this report.
Posted at 07:14 PM by Howard Bashman



"Court urged to deny Padilla appeal": Lyle Denniston provides this report at "SCOTUSblog." That blog has posted online both the federal government's brief in opposition and the appendix accompanying it. In addition, the Washington Legal Foundation has filed this amicus brief opposing cert.
Posted at 07:08 PM by Howard Bashman



"Let's see some ID, please: The end of anonymity on the Internet?" Michael Rogers, who writes "The Practical Futurist" column for MSNBC, had this essay earlier this week.
Posted at 06:00 PM by Howard Bashman



"Padilla seeks to keep appeal alive": Lyle Denniston has this post at "SCOTUSblog."
Posted at 05:20 PM by Howard Bashman



In today's edition of The Arkansas Democrat-Gazette: An article headlined "Justices: State shorted schools" begins, "The Arkansas Supreme Court again declared Arkansas' system of public education funding unconstitutionally inadequate Thursday and again set a deadline for state lawmakers to fix it." You can access yesterday's ruling at this link.

And in other news, "Lincoln meets with Alito, plans further scrutiny."
Posted at 05:02 PM by Howard Bashman




Developments in the Jose Padilla case: Counsel for Padilla filed this supplemental brief today in the U.S. Court of Appeals for the Fourth Circuit. The federal government's supplemental Fourth Circuit brief was filed one week ago today.

The federal government's response to Padilla's cert. petition is due to be filed today in the U.S. Supreme Court.

The Supreme Court amicus curiae brief of Janet Reno, et al. can be accessed here, while other amicus briefs are here and here.
Posted at 04:40 PM by Howard Bashman




"Judge's befuddling ruling on public expression on highway overpass to be appealed; ADF attorney: The Constitution does not permit discrimination." Alliance Defense Fund issued this press release yesterday. The written ruling of the U.S. District Court for the Western District of Wisconsin can be accessed here. I previously noted the ruling here.
Posted at 03:32 PM by Howard Bashman



"Sex Shops Can Offer Evidence of Their Virtue, Court Says": The New York Times today contains this article reporting on a decision that the New York State Court of Appeals -- that State's highest court -- issued yesterday.
Posted at 03:25 PM by Howard Bashman



"Mom's conviction overturned again; Brandy Del Briggs was accused of killing infant son": The Houston Chronicle provides this news update.
Posted at 02:44 PM by Howard Bashman



"A sentence like the one in this case is just the sort of red flag that makes legislators wonder whether the courts need mandatory minimum sentences to assure protection of the public." So writes Circuit Judge Andrew J. Kleinfeld in dissent from a ruling that a three-judge Ninth Circuit panel issued today.

Earlier in the dissent, Judge Kleinfeld writes: "Does drawing a district judge whose sentencing philosophy is idiosyncratic make so idiosyncratic a sentence 'just'? An excessively lenient sentence like this causes cynicism, not only among people in prison, where the luck-of-the-draw sentencing interferes with rehabilitation, but among the law-abiding public. People have second thoughts about doing the right thing when those who do the wrong thing prosper and avoid punishment. Injustice is corrosive."
Posted at 12:50 PM by Howard Bashman




"Senate Blocks Extension of Patriot Act": Jesse J. Holland of The Associated Press provides this report. Update: The official roll call vote tally can be accessed here.
Posted at 12:33 PM by Howard Bashman



"Opponents Of Rule Allowing Non-Precedential U.S. Court Of Appeals Decisions To Be Cited Manage To Insert A Fly In The Ointment": The text of my monthly appellate column published on Monday of this week in The Legal Intelligencer can now be freely accessed online at this link.
Posted at 12:20 PM by Howard Bashman



In news from Minnesota: The St. Paul Pioneer Press reports today that "New chief justice named; Russell Anderson, now an associate, moves up; Gildea replaces him."

The Minneapolis Star Tribune reports today that "Minnesota's new chief justice shuns politics; Gov. Tim Pawlenty angered conservatives and fostered diversity on the bench with three selections for top jobs."

And The Forum of Fargo, North Dakota reports that "Pawlenty goes NW in justice selection."

The text of yesterday's announcement by Minnesota Governor Tim Pawlenty can be accessed here.
Posted at 11:28 AM by Howard Bashman




In South Dakota, conviction of crime for causing prison guard to come into contact with slime means serving plenty of hard time: An article from The Associated Press headlined "Inmate pays extra for sliming guard" reports on this ruling that the Supreme Court of South Dakota issued Wednesday.
Posted at 11:15 AM by Howard Bashman



"Solomon likely to be upheld, lawyer says": This article appears today in The Daily Princetonian.

And The Intelligencer of Wheeling, West Virginia today contains an editorial entitled "Draw Line Between Principles, Money" that concludes, "One hopes the Supreme Court justices uphold the Solomon Amendment, and thereby not only uphold the federal government's right to attach conditions to the use of taxpayers' money but also draw a constitutional distinction between principle and mere fashion."
Posted at 11:00 AM by Howard Bashman




"Evolution attorney under fire": The Marietta (Ga.) Daily Journal today contains an article that begins, "Federal appeals judges roasted the attorney fighting evolution disclaimers placed in Cobb science textbooks during oral arguments before the 11th Circuit Court of Appeals on Thursday, suggesting that he misled the court in his legal brief." I earlier linked to additional coverage of yesterday's Eleventh Circuit oral argument here and here.
Posted at 10:50 AM by Howard Bashman



"Altria looks ahead after 'light' ruling; Experts say Illinois ruling will not end anti-smoking advocates' battles over 'light' cigarettes": Fortune provides this report. Earlier today, I collected additional related news coverage here.
Posted at 10:44 AM by Howard Bashman



"Rule of Law: Canvassers must heed affirmative action order." The Detroit Free Press today contains an editorial that begins, "Contemptible. That's the best word for what happened at the Board of State Canvassers meeting Wednesday in Lansing. The board deserves to be held in legal contempt for defying an explicit order from the state Court of Appeals to place an anti-affirmative action proposal on next year's state ballot."
Posted at 10:40 AM by Howard Bashman



File under miscellaneous: For whatever reason, direct links to posts at "How Appealing" have stopped working for the zillion or so posts that have appeared since midday Wednesday. Until the powers-that-be have the issue resolved, I'll try my best to avoid writing posts to which other bloggers would have any interest in linking. Thus, there will be no more mentions of the University of Western Ontario stripper for the time being (but see Tony Pierce). [Update: As hoped, the problem with direct links to recent posts not working has been fixed.]
Posted at 07:15 AM by Howard Bashman



Congratulations to "Law Dork," which has won the honor of "Best Law Blog" in the 2005 Weblog Awards: Complete results of the balloting can be accessed here. Second place belongs to "The Volokh Conspiracy," which garnered one thousand fewer votes than the winner.
Posted at 07:00 AM by Howard Bashman



"Appeals Panel Criticizes Evolution Ruling; A federal district judge had ordered the removal of stickers in a Georgia county's science textbooks that called evolution a theory": This article appears today in The Los Angeles Times.

And The Atlanta Journal-Constitution reports today that "Appeals judges skeptical about Cobb ruling; Evolution disclaimers were 'literally accurate.'"
Posted at 06:50 AM by Howard Bashman




"Justice is blind, but judges can see things differently": Today in The St. Petersburg Times, columnist Sue Carlton has an op-ed that begins, "In one county, a judge signs off on a plea deal for a teacher who had sex with her teenage student. In another, a judge rejects the very same deal. And we thought the sensational Debra Lafave case was as over as Nick and Jessica."
Posted at 06:48 AM by Howard Bashman



"Lincoln meets Supreme Court nominee": The Arkansas News Bureau provides this report.
Posted at 06:45 AM by Howard Bashman



"The Get-Out-of-Torture-Free Card: Why is Congress banning torture but allowing the use of torture testimony?" Emily Bazelon has this jurisprudence essay online at Slate.
Posted at 06:40 AM by Howard Bashman



"$10 billion tobacco judgment reversed; State high court rules for Philip Morris": This article appears today in The Chicago Tribune.

The Chicago Sun-Times reports today that "Court smokes $10 billion verdict."

The St. Louis Post-Dispatch contains articles headlined "Tobacco penalty tossed out"; "Judge who ruled in '03 against Philip Morris has no comment"; and "Madison County cashes in on interest from cigarette suit."

The Washington Post reports that "Court Overturns $10 Billion Verdict Against Philip Morris."

And The Los Angeles Times reports that "Philip Morris Wins Reversal of Verdict; An Illinois court rejects a $10-billion award over the firm's marketing of its 'light' cigarettes." The newspaper also contains an editorial entitled "Court sense."
Posted at 06:30 AM by Howard Bashman




"From the President to the Impoverished, When It Comes To Reporting for Jury Duty, Who Among Us Truly Deserves A 'Get Out Of Your Summons Free' Card?" Jonna M. Spilbor has this essay online today at FindLaw.
Posted at 06:15 AM by Howard Bashman


Thursday, December 15, 2005


"Bush Lets U.S. Spy on Callers Without Courts": This lengthy article will appear Friday in The New York Times.

And The New York Times tomorrow will also contain an article headlined "Big Victory for Altria in Illinois."
Posted at 10:40 PM by Howard Bashman




Available online at law.com: Tony Mauro reports that "Roberts Adheres to Precedent on High Court Revelry."

In other news, "11th Circuit Skeptical of Evolution Sticker Ruling; Judges decry inconsistencies in lower court's timeline of events."

An article reports that "Texas Court Misquotes Judge's Findings, Withdraws Opinion."

And a profile of Heller Ehrman attorney Warrington S. Parker III is headlined "Counsel's-Eye View of High Court Military Recruiting Case."
Posted at 10:28 PM by Howard Bashman




"Civil Liberties": The South Florida Sun-Sentinel today contains a Solomon Amendment-related editorial that begins, "Opponents of the military's 'don't ask, don't tell' policy regarding homosexuals have picked a wrong way to fight it."
Posted at 10:18 PM by Howard Bashman



"the work of John Hardwicke": This post appears at "Lessig Blog."
Posted at 10:15 PM by Howard Bashman



It's official -- President Bush has nominated Law Professor Patrick J. Schiltz, reporter for the U.S. Courts Appellate Rules Advisory Committee, to be a U.S. District Judge for the District of Minnesota: Yesterday's official announcement from the White House can be viewed here.

The Minneapolis Star Tribune reports today that "St. Thomas law professor tapped for federal bench; He was praised by those on both sides of political fence but has been criticized for some writings." And The St. Paul Pioneer Press reports today that "Schiltz is U.S. District Court nominee; St. Thomas law professor has written extensively about ethics."

Recently, I had a post mentioning that Professor Schiltz was rumored to be the likely nominee for this judicial post. He has been a great asset to the Appellate Rules Advisory Committee and will be greatly missed once he concludes his service as reporter for the committee.
Posted at 10:11 PM by Howard Bashman




"Illinois Court Throws Out Tobacco Verdict": This segment (RealPlayer required) appeared on this evening's broadcast of NPR's "All Things Considered."
Posted at 09:00 PM by Howard Bashman



"Alito's America": Center for American Progress and American Progress Action Fund appear to be the sponsors of this web site.
Posted at 08:05 PM by Howard Bashman



"Appeals judges see errors in evolution sticker ruling": Bill Rankin of The Atlanta Journal-Constitution provides this very interesting news update.

And The Associated Press reports that "Federal Judges Consider Evolution Stickers."

The three-judge Eleventh Circuit panel that will decide this appeal consists of Circuit Judges Ed Carnes, Frank M. Hull, and William H. Pryor, Jr.
Posted at 07:40 PM by Howard Bashman




"Bush Secretly Lifted Some Limits on Spying in U.S. After 9/11, Officials Say": The New York Times has posted online this lengthy news update, which presumably will be a front page article in Friday's newspaper.

The article begins: "Months after the Sept. 11 attacks, President Bush secretly authorized the National Security Agency to eavesdrop on Americans and others inside the United States to search for evidence of terrorist activity without the court-approved warrants ordinarily required for domestic spying, according to government officials."

And the article goes on to state, "The White House asked The New York Times not to publish this article, arguing that it could jeopardize continuing investigations and alert would-be terrorists that they might be under scrutiny. After meeting with senior administration officials to hear their concerns, the newspaper delayed publication for a year to conduct additional reporting. Some information that administration officials argued could be useful to terrorists has been omitted."
Posted at 07:35 PM by Howard Bashman




"Terror case tests reach of federal power; Suspected terrorist Jose Padilla persists in a bid to get the Supreme Court to review US government's legal tactics": Warren Richey will have this article in Friday's edition of The Christian Science Monitor.
Posted at 06:50 PM by Howard Bashman



"Court weighs records seizures; Appellate judges have questions for both sides in dispute between state, Planned Parenthood": The Indianapolis Star today contains an article that begins, "The Indiana Court of Appeals on Wednesday considered whether the state may seize patient records from Planned Parenthood of Indiana clinics, with the judges pressing the state lawyer about what might be gained by the seizures." You can watch yesterday's oral argument online by clicking here (RealPlayer required). "The Indiana Law Blog" links here to additional news coverage and background information.
Posted at 05:35 PM by Howard Bashman



"Opponents of Jesus Ban Claim Religious Censorship": This segment (RealPlayer required) appeared on today's broadcast of NPR's "Day to Day."
Posted at 05:30 PM by Howard Bashman



"The Nomination of Samuel Alito: A Watershed Moment for Women." The National Women's Law Center issued this report today.
Posted at 05:24 PM by Howard Bashman



"Judgment Day: Arnold's star turn as a California Supreme Court justice." Judy Coleman -- a Yale Law School student whose blog you can access here and whose recent Legal Affairs article you can access here -- has this jurisprudence essay online at Slate today.
Posted at 05:12 PM by Howard Bashman



"Liberty at Risk: The Vulnerability of Reproductive Rights Under Alito." NARAL Pro-Choice America issued this report yesterday.
Posted at 04:11 PM by Howard Bashman



"RIM Pressured to Settle BlackBerry Case": The Associated Press provides this report.
Posted at 04:08 PM by Howard Bashman



"Rehnquist Bobblehead & S. Ct. Quill": As noted here at "SCOTUSblog," Tom Goldstein is auctioning at eBay his Chief Justice William H. Rehnquist bobblehead doll, along with an oral argument quill, and the proceeds will be donated to a charity selected in consultation with the purchaser. The eBay listing is here. Be forewarned, the starting bid is $2,000. Some WHR bobbleheads have recently sold for more than that, even without a quill from oral argument and the possibility of a tax deduction.
Posted at 03:55 PM by Howard Bashman



Today's rulings of note from the U.S. Court of Appeals for the Third Circuit: The court today affirmed the dismissal of a securities fraud lawsuit against Merck & Co., Inc. arising from the planned, and later canceled, initial public offering of Merck's wholly owned subsidiary, Medco Health Solutions, Inc. You can access the ruling at this link. Circuit Judge Samuel A. Alito, Jr. was on the panel and joined in the ruling.

And in today's other ruling of note, a divided three-judge panel holds unlawful recently-adopted federal Bureau of Prison regulations that limit a prisoner's placement in community confinement to the lesser of ten percent of the prisoner's total sentence or six months.
Posted at 03:03 PM by Howard Bashman




In news from Michigan: The Lansing State Journal reports today that "State elections board deadlocks on affirmative action proposal; Action defies court order to certify petitions."

The Detroit Free Press today contains articles headlined "No vote on affirmative action '06 proposal; Protesters interrupt state canvassers' meeting" and "Fieger asks Granholm to find a special prosecutor."

And The Detroit News reports today that "Students disrupt election vote; Hundreds storm meeting hurling insults at panel trying to certify affirmative action ban for 2006."
Posted at 01:54 PM by Howard Bashman




In order to decide this appeal, three judges on the U.S. Court of Appeals for the Federal Circuit had to consume many Haagen-Dazs frozen dessert bars: In today's ruling, the Federal Circuit summarizes its holding as follows, "Because the finding that the Haagen-Dazs dessert bars are not predominantly sorbet, but frozen ice milk intermixed with yogurt, which is distinguishable from traditional yogurt, is not clearly erroneous, the dessert bars were properly classified." The ruling temporarily wiped the smile from the face of the Pillsbury Dough Boy.
Posted at 01:35 PM by Howard Bashman



Today is your final opportunity to vote for "Best Law Blog" in the 2005 Weblog Awards: Polls close at 11:59 p.m. eastern time tonight. You can vote at this link.

Currently, in the battle for first place, "Law Dork" leads "The Volokh Conspiracy" by more than 700 votes. "How Appealing" remains toward the middle of the pack. And the battle for last place continues to rage between "The Becker-Posner Blog" and a blog that hasn't been updated since October 2005.

As of this moment, fewer than 2,500 votes have been cast for the blog currently in first place, meaning that if everyone who views this post today goes and votes (click here), you could have a major impact on the outcome. As for which blog you should vote in favor of, that's completely up to you.
Posted at 12:10 PM by Howard Bashman




"Judge Alito's ballot access record is disappointing": This item appears in the December 1, 2005 issue of Ballot Access News.

And National Journal's blog "Hotline On Call" offers a post titled "The Great Alito Carol-Off."
Posted at 12:02 PM by Howard Bashman




Eighth Circuit shows no pity for the plight of the biological father: Today, a unanimous three-judge panel of the U.S. Court of Appeals for the Eighth Circuit issued a ruling that rejects the argument that the University of Iowa's policy of denying paid leave to biological fathers while at the same time allowing paid leave to biological mothers and adoptive parents of both genders after the birth or arrival of a new child violates the equal protection rights of biological fathers.
Posted at 11:35 AM by Howard Bashman



"Every now and then, Supreme Court Justice Sandra Day O'Connor has a hankering for graham crackers and shortbread." So begins Michael Mugmon's post titled "Polly Makes a Graham Cracker" today at the "DCist" blog.
Posted at 11:28 AM by Howard Bashman



Access online today's ruling of the Supreme Court of Illinois in Price v. Philip Morris, Inc. The decision is available here (PDF) and here (HTML). Moreover, from the court itself, you can access the ruling both here (HTML) and here (MSWord).

And The Chicago Tribune provides a news update headlined "$10 billion lawsuit against Philip Morris reversed."
Posted at 11:02 AM by Howard Bashman




"Court allows lawyers to sidestep caps on fees; In a signal that it could rule against the state's doctors, the Florida Supreme Court ordered the Florida Bar to draft rules that would allow attorneys to sidestep a voter-approved attorney fee cap": The Miami Herald today contains an article that begins, "Handing another blow to the state's doctors, the Florida Supreme Court on Wednesday cleared the way for attorneys to sidestep a voter-approved cap on attorneys' fees in medical malpractice cases."

Yesterday's order of the Supreme Court of Florida can be accessed here.
Posted at 11:00 AM by Howard Bashman




"Philip Morris Wins Reversal of $10.1 Bln Damage Award": Bloomberg News provides this report.

And MarketWatch reports that "Illinois court reversal favors Altria."

According to the MarketWatch article, "A decision could also come this week in Engle. In that case, the tobacco industry was hit with $145 billion in punitive damages, the largest such award in history. That was later overturned by an appeals court but is now before the Florida Supreme Court." If that speculation is correct, the Supreme Court of Florida could issue the ruling just moments from now. Background information about the Engle case is available via this link. Update: A decision in the Engle case does not appear among the rulings that the Supreme Court of Florida has announced today.
Posted at 10:45 AM by Howard Bashman




BREAKING NEWS -- Illinois Supreme Court reverses $10.1 billion judgment against Philip Morris USA in "light" cigarette class action: The Associated Press reports that "Court Tosses $10B Suit Vs. Philip Morris." And Reuters reports that "Ill. top court reverses $10.1 bln Altria verdict."

Altria Group, Inc. permits background about the case to be accessed via this link.

In press coverage that preceded today's ruling, The St. Louis Post-Dispatch today contains an article headlined "Justices may snuff out $10.1 billion judgment."
Posted at 10:00 AM by Howard Bashman




"Mainstream Sam: Alito on civil rights." Peter N. Kirsanow, a commissioner on the U.S. Commission on Civil Rights, has this essay today at National Review Online.

And online at Reason, Jacob Sullum has an essay entitled "Supreme Decorating Tips: Sam Alito saves Christmas."
Posted at 09:35 AM by Howard Bashman




"Veil of privilege or cover-up?" This article appears today in The Seattle Times.
Posted at 09:30 AM by Howard Bashman



"Ill. Court Set to Rule on Cigarette Suit": The Associated Press reports here that "A ruling by the Illinois Supreme Court on a $10.1 billion judgment against Philip Morris USA could deal a major blow to the tobacco giant and inspire more lawsuits against cigarette makers. The court is scheduled to rule Thursday on a trial court's verdict that the company tricked Illinois smokers into believing light cigarettes are less harmful than regular ones."

The ruling of the Supreme Court of Illinois, which many observers expect to be in favor of Philip Morris, is scheduled to be announced at 10 a.m. eastern time today.
Posted at 09:22 AM by Howard Bashman




"Anti-Alito Tour Is Drawing Small Crowds": This article appears today in The New York Sun.

The Forum of Fargo, North Dakota reports today that "Dorgan to wait and see on Alito."

The Las Vegas Review-Journal contains an editorial entitled "The Democrats' dangerous bluff: Filibustering Alito would be a mistake."

The Pittsburgh Tribune-Review contains an editorial entitled "Weighing the 'nuclear option': A floor vote for Alito."

The Daily News-Record of Harrisonburg, Virginia contains an editorial entitled "Rolling Indifference."

In The Rocky Mountain News, columnist Mike Littwin has an op-ed entitled "Focus on Family plays into Salazar's hands."

In The Miami Herald, Howard Simon has an op-ed entitled "'Activist' judges are in the eye of the beholder."

And In These Times contains an essay by Christopher Hayes entitled "The Three Alitos."
Posted at 07:30 AM by Howard Bashman




"Political maneuvers": The Baltimore Sun today contains an editorial that begins, "Stepping into another political minefield, the U.S. Supreme Court has agreed to consider the bizarre Texas redistricting case that has come to symbolize the raw abuse of power that sustains legislative incumbency."
Posted at 07:22 AM by Howard Bashman



"This Land Is Not Your Land: Judges go wild." Kimberley A. Strassel has this op-ed (free access) today in The Wall Street Journal.
Posted at 07:20 AM by Howard Bashman



"ACLU Leader Approved for City Homeless Panel; Council members back Ramona Ripston, but some criticize agency's suit over city policies": This article appears today in The Los Angeles Times.
Posted at 07:15 AM by Howard Bashman



"Blogger has access, momentum": Columnist David Harsanyi has this profile of Jeralyn Merritt of the blog "TalkLeft" today in The Denver Post.
Posted at 07:10 AM by Howard Bashman



"State to appeal ruling that limits prayers in House; Speaker says he'll take case to the U.S. Supreme Court": This article appears today in The Indianapolis Star.
Posted at 07:08 AM by Howard Bashman



"Pentagon Will Review Database on U.S. Citizens; Protests Among Acts Labeled 'Suspicious'": The Washington Post today contains this front page article.
Posted at 07:02 AM by Howard Bashman



"The Furry, 4-Legged Centerpiece of a Custody Battle in Court": This article appears today in The New York Times.
Posted at 06:55 AM by Howard Bashman


Wednesday, December 14, 2005


"X-Mas-lovin' Judge Doesn't Cry Over Onion Gag": At the "Legal Pad" blog of CalLaw.com, Justin Scheck has this report on Ninth Circuit Judge Stephen Reinhardt's reaction to The Onion's article about him headlined "Activist Judge Cancels Christmas."
Posted at 10:20 PM by Howard Bashman



Available online from law.com: In news from Georgia, "Law Professor Crosses Evolution Battle Lines; Conservative leader sides with ACLU."

And in news from Florida, "When the Best Defense Is No Defense: Acquittal in terrorism trial described as 'colossal embarrassment' for Bush administration's Justice Department."
Posted at 10:15 PM by Howard Bashman




"Civil Rights Groups, AFL-CIO Oppose Alito": Jesse J. Holland of The Associated Press provides this report. The AP also reports that "Dorgan to wait on Alito decision."

In other coverage, Thomas Ferraro of Reuters reports that "Labor, disabled oppose Alito."
Posted at 07:45 PM by Howard Bashman




"Fracas over home seizures moves to states": In Thursday's edition of The Christian Science Monitor, Warren Richey will have an article that begins, "When the US Supreme Court ruled in June that private homes may be seized to make room for commercial development projects, the decision ignited a firestorm of criticism."
Posted at 05:48 PM by Howard Bashman



"Mich. Affirmative Action Still in Limbo": The Associated Press provides this report.
Posted at 05:30 PM by Howard Bashman



"Mexican Standoff: The complex--and imbalanced--legalities of cross-border justice." Noah Leavitt has this jurisprudence essay online at Slate.
Posted at 05:25 PM by Howard Bashman



"Bills to protect unborn planned": The Honolulu Advertiser contains this article today.
Posted at 05:15 PM by Howard Bashman



"Frist a little too eager for nuclear option": This editorial appeared yesterday in The Portland (Me.) Press Herald. The editorial refers to "Bush's first pick for the pending court vacancy, White House counsel Harriet Meyers [sic]."
Posted at 05:04 PM by Howard Bashman



"7 more judges sue to reinstate payraise": The Philadelphia Inquirer provides a news update that begins, "Seven judges across the state joined two of their colleagues this week in asking the state Supreme Court to overturn the General Assembly's repeal of payraises for the judiciary."
Posted at 04:00 PM by Howard Bashman



"Obscene Profits: Porn provides windfall profits for Vivid Entertainment and the cable giants that sell its racy fare; Now the government is cracking down for the first time in 20 years." This article appeared in the December 12, 2005 issue of Forbes Magazine.
Posted at 03:55 PM by Howard Bashman



"Witness Muddies 'Fatal Vision' Convictions": The Associated Press provides this report. And today's front page article from The Wall Street Journal on the subject can be accessed here (pass-through link).
Posted at 03:38 PM by Howard Bashman



"Lack of scientific evidence short-circuits video-game bans": Online at the First Amendment Center, Douglas Lee has an essay that begins, "Even before a federal trial court judge struck down Illinois' attempt to ban the sale of violent video games to minors, proponents of such bans knew they had a legal problem. Now, after that ruling, they know their bigger problem is one of science." The ruling of the U.S. District Court for the Northern District of Illinois can be accessed here.
Posted at 03:30 PM by Howard Bashman



In news updates from The Detroit Free Press: A news update headlined "Fieger asks for special prosecutor" begins, "Lawyers for Geoffrey Fieger asked Gov. Jennifer Granholm on Wednesday to name a special prosecutor to oversee an investigation into whether Fieger broke the law when he secretly funded a campaign to unseat a state Supreme Court justice, saying state Attorney General Mike Cox is too personally wrapped up in the case."

And a news update headlined "Crowd disrupts state board vote on rights ballot proposal" begins, "A loud and rowdy crowd of about 250 Detroit high school students disrupted a meeting of the State Board of Canvassers Wednesday, effectively shutting down the meeting as the board was attempting to vote on whether to put an anti-affirmative action proposal on the November 2006 ballot."
Posted at 03:00 PM by Howard Bashman




"'Sexual' school clubs decried; Petitioners ask the School Board to ban Gay-Straight Alliances that meet in several high schools; It's a thorny free-speech issue": This article appears today in The St. Petersburg Times.
Posted at 02:44 PM by Howard Bashman



Fuzzy image equals fuzzy logic? A less fuzzy, full color copy of the letter that U.S. Senator Arlen Specter (R-PA) sent yesterday to U.S. Supreme Court nominee Samuel A. Alito, Jr. can be viewed at this link (large PDF file), courtesy of a member of the Court's press corps.
Posted at 02:33 PM by Howard Bashman



"Out-of-touch liberalism: The plight of some elite law schools to keep military recruiters off campus has little to do with gay rights and even less to do with free speech." This editorial appears today in The St. Petersburg Times.

Via Will Baude at "Crescat Sententia," I see that Law Professors Geof Stone and Richard Epstein have posted about the Solomon Amendment case at "The Faculty Blog" of the University of Chicago Law School.

And the current issue of Philadelphia Weekly contains an article headlined "A Farewell to Arms: A group at Penn's law school sues to move military recruiters off campus."
Posted at 02:00 PM by Howard Bashman




"'Evolution is theory' sticker on court docket; Cobb appeal may be major test case": This article appeared Sunday in The Atlanta Journal-Constitution.

And The Associated Press reports that "Federal Court to Weigh Evolution Disclaimer." According to The AP, the Eleventh Circuit is scheduled to hear oral argument in the case tomorrow.
Posted at 01:50 PM by Howard Bashman




What is a tax return? A divided Seventh Circuit panel issued this ruling today. Circuit Judge Richard A. Posner wrote the majority opinion, while Circuit Judge Frank H. Easterbrook dissented.
Posted at 12:50 PM by Howard Bashman



"After Williams, a new dilemma for governor; Next: Gravely ill and blind man, 75, scheduled to die." This article appears today in The San Francisco Chronicle.

The Sacramento Bee today contains an article headlined "Death penalty issue to linger; The next inmate set to die - a 75-year-old blind diabetic - asks the governor for clemency."

The Los Angeles Times reports that "Death Penalty Moratorium on the Table; Five Democrats want a hiatus until 2009 while a state panel reviews the system; The plan, unrelated to Williams case, faces a fight."

And The New York Times reports that "Execution Ignites New Fire in Death Penalty Debate."
Posted at 11:40 AM by Howard Bashman




Assistant U.S. Attorney Jonathan Luna (deceased) in the news: The Centre (Pa.) Daily Times reports today that "Feds won't intervene in Gricar case."
Posted at 11:35 AM by Howard Bashman



"Companies, courts, markets await ruling; After two years of review, the Illinois Supreme Court's decision in the Philip Morris cigarette marketing case is expected Thursday": This article appears today in The Chicago Tribune.

And a report from Dow Jones Newswires is headlined "Nail-biting Time In 'lights' Tobacco Case."
Posted at 11:30 AM by Howard Bashman




In the hope that barely legible is better than completely illegible: You can access at this link a barely legible copy of the letter that U.S. Senator Arlen Specter (R-PA) sent yesterday to U.S. Supreme Court nominee Samuel A. Alito, Jr. Earlier today, I collected press coverage of the letter here.
Posted at 11:23 AM by Howard Bashman



"The '66 Remap That Forged Samuel Alito": This article (subscription required) appears today in Roll Call.
Posted at 11:18 AM by Howard Bashman



"Fatal Revision: The Plot Thickens In Famed Murder Case; Dr. MacDonald Pins Hope On U.S. Marshal's Account Of What a Suspect Said." This front page article (pass-through link) appears today in The Wall Street Journal.
Posted at 10:28 AM by Howard Bashman



"Whether Service: The liberal case for the Solomon Amendment." T.A. Frank has this essay (free access) online today at The New Republic.

The Yakima Herald-Republic today contains an editorial entitled "Free speech must prevail for recruiters on campuses."

And in this past Sunday's issue of The Minneapolis Star Tribune, columnist Katherine Kersten had an op-ed entitled "Has U Law School taken up a cause of shaky merit?"
Posted at 10:00 AM by Howard Bashman




"Pro-Alito Buzz Cloaks a Draconian Agenda": Seth Rosenthal, legal director of the Alliance for Justice, has this essay online at The Nation.
Posted at 09:50 AM by Howard Bashman



"Mystics of the Court: Stephen Breyer's activism." U.S. Representative Tom Feeney (R-FL) has this essay today at National Review Online.
Posted at 09:45 AM by Howard Bashman



"Redistricting Tom DeLay": The New York Times today contains an editorial that begins, "The Supreme Court agreed this week to review Texas' 2003 Congressional redistricting, which added five Republicans to the state's delegation."
Posted at 07:18 AM by Howard Bashman



"Calls Begin for Sami Al-Arian To Regain The Job He Held at South Florida U." Josh Gerstein has this article today in The New York Sun.
Posted at 07:10 AM by Howard Bashman



"For Specter, Alito hearings pose internal struggle": This article appears today in USA Today.

Michael McGough of The Pittsburgh Post-Gazette reports today that "Specter 'telegraphs' blows; Letter to Alito pinpoints topics such as precedent."

The Newark (N.J.) Star-Ledger reports that "Specter outlines questions for Alito."

The Wall Street Journal reports that "Green Groups Mobilize Against Alito; Some of Supreme Court Nominee's Judicial Rulings Trouble Environmentalists" (free access).

The Denver Post reports that "Salazar fires back at Focus on Alito judgeship; He says ads placed by the Christian group's political arm falsely characterize his stand on hiring quotas."

The Rocky Mountain News reports that "Salazar hits back at Focus on Family ad."

The Pueblo Chieftain reports that "Salazar plays down latest Focus on the Family attacks."

The Forum of Fargo, North Dakota reports that "Dorgan to meet with court nominee today."

And The Daily Princetonian today contains an article headlined "Eisgruber leads discussion on religious freedom" that begins, "Provost Christopher Eisgruber '83 discussed hallucinogenic mushrooms, six-foot-tall plastic Santas and Samuel Alito '72 in a talk about religious freedom in America in Whig Hall on Tuesday, sponsored by the Princeton American Civil Liberties Union."
Posted at 07:00 AM by Howard Bashman




"Lawyer pushes probation for girl's husband": The Omaha World-Herald today contains an article that begins, "Matthew Koso doesn't deserve to go to prison for impregnating the 14-year-old girl he later married, Koso's lawyer said Tuesday."

And The Lincoln Journal Star reports today that "Koso pleads guilty to child sex charge."
Posted at 06:45 AM by Howard Bashman



Tuesday, December 13, 2005


In Wednesday's edition of The New York Times: Tomorrow's newspaper will contain an article headlined "Internet Ads Back Nominee on Search Case."

And in news from Nebraska, "Husband Pleads Guilty to Sex Assault of Child." As the headline suggests, the child is the husband's wife.
Posted at 10:25 PM by Howard Bashman




Available online from law.com: In news from Pennsylvania, "Panel Rules Would-Be Dad's Long Wait Bars Paternity Test." Last week's ruling of the Superior Court of Pennsylvania can be accessed here.

An article is headlined "Morgan Stanley: 'Record Is Clear' That Florida Judge Erred."

And in other news, "N.Y. Court: Defendant's Admissions Are Voluntary Despite IQ of 55."
Posted at 10:20 PM by Howard Bashman




"Activist Judge Cancels Christmas": Tomorrow's issue of The Onion will contain an article that begins, "In a sudden and unexpected blow to the Americans working to protect the holiday, liberal U.S. 9th Circuit Court of Appeals Judge Stephen Reinhardt ruled the private celebration of Christmas unconstitutional Monday."
Posted at 09:02 PM by Howard Bashman



Another Justice Antonin Scalia bobblehead doll is up for auction at eBay: The auction will conclude Sunday night. And the listing is rather amusing.
Posted at 07:40 PM by Howard Bashman



"Alito encounters more hostile Senate than did Roberts": James Kuhnhenn of Knight Ridder Newspapers provides this report.
Posted at 07:28 PM by Howard Bashman



"Feingold Won't Rule Out Alito Filibuster": Jesse J. Holland of The Associated Press provides this report.
Posted at 06:04 PM by Howard Bashman



"Billable Horrors: A Slate reader contest for wicked lawyers." Dahlia Lithwick launches this jurisprudence contest online at Slate.
Posted at 06:00 PM by Howard Bashman



"The Illinois Supreme Court is expected to rule on the $10.1 billion Madison County bench verdict against Philip Morris USA on Thursday." The Madison County Record provides this report.

MarketWatch reports that "Altria gains on hope for Illinois ruling."

And Reuters reports that "Altria shares rally before Illinois ruling."
Posted at 05:52 PM by Howard Bashman




"Pastor's rights not violated, federal judge rules": The Wisconsin State Journal today contains an article that begins, "Monroe pastor and anti-gay crusader Ralph Ovadal's rights to free speech were not violated when Madison police told him to remove anti-gay banners over the Beltline in 2003, a federal judge ruled Monday." Ann Althouse looks ahead to the case's likely forthcoming second visit to the Seventh Circuit. My earlier coverage of the first visit the case made to the Seventh Circuit is here.
Posted at 05:40 PM by Howard Bashman



Comparing apples to a Treasury Regulation: A debate between the majority and the dissent over what it means to say "I like apples" causes this bankruptcy tax lien decision that the U.S. Court of Appeals for the Fourth Circuit issued today to be a bit more interesting than it might otherwise be. Or maybe it's simply the presence of a dissent by Circuit Judge J. Michael Luttig?
Posted at 05:22 PM by Howard Bashman



"Court May Hear Chinese Detainees; Muslims Lack Country of Refuge": The Washington Post today contains an article that begins, "A federal judge in Washington said yesterday that he will consider allowing two detainees in the military prison at Guantanamo Bay, Cuba, to appear before him in court to challenge their confinement, telling lawyers that the ethnic Uighurs who have been cleared for release have been held too long."
Posted at 04:32 PM by Howard Bashman



"Will execution move the debate? The case of Stanley Tookie Williams rallied foes and advocates of the death penalty, but there's no consensus on its legacy." This article appears today in The Chicago Tribune.
Posted at 04:28 PM by Howard Bashman



You can decide who will win the popularity contest to name the "Best Law Blog": Right now, the battle for first place in the voting is between "Law Dork" and "The Volokh Conspiracy." Perhaps even more alarmingly, the battle for last place is between a blog that hasn't been updated since October 19, 2005 (go Astros!; go Harriet Miers!) and "The Becker-Posner Blog."
Posted at 04:05 PM by Howard Bashman



"Judge Alito and the Death Penalty": The American Constitution Society has posted online this paper by Law Professor Goodwin Liu and Lynsay Skiba.
Posted at 03:50 PM by Howard Bashman



On today's broadcast of NPR's "Day to Day": The broadcast contained segments entitled "Slate's Jurisprudence: Texas Redistricting in High Court" (featuring Dahlia Lithwick); "Witnessing the Execution of Stanley Tookie Williams"; and "Mixed Response to Williams' Execution in L.A." RealPlayer is required to launch these audio segments.
Posted at 03:45 PM by Howard Bashman



The U.S. Court of Appeals for the Seventh Circuit issues a holding on the meaning of dicta: Today's opinion, by Circuit Judge Richard A. Posner, also tackles the question of stare decisis.
Posted at 03:04 PM by Howard Bashman



"Despite the substantial powers that Congress may exercise in regard to aliens, it is constitutionally doubtful that Congress may authorize imprisonment of [over two years and four months] for lawfully admitted resident aliens who are subject to removal." A divided three-judge Ninth Circuit panel issued this decision today.
Posted at 02:11 PM by Howard Bashman



"Court sees enough safeguards, discards muzzle; The proposed rule was meant to block the release of confidential or prejudicial information, but Chief U.S. District Judge Ernest C. Torres says it was worded too broadly": This article appears today in The Providence Journal. My most recent earlier coverage is here.
Posted at 12:25 PM by Howard Bashman



Divided three-judge Eighth Circuit panel rejects Zimbabwean's asylum claim based on the Zimbabwe government's intolerance of homosexuality: You can access today's ruling at this link. In dissent, Senior Circuit Judge Gerald W. Heaney writes, "Our court ought not sanction the return of an openly gay man to a country whose leader has vowed to rid the country of homosexuals."
Posted at 11:40 AM by Howard Bashman



D.C. Circuit holds that National Association of Securities Dealers cannot obtain judicial review of Securities and Exchange Commission's reversal of NASD's decision to impose discipline against a member: You can access today's ruling at this link.
Posted at 11:33 AM by Howard Bashman



"The importance of determining Alito's brand of conservatism": Noah Graubart has this essay at Online Journal.
Posted at 11:20 AM by Howard Bashman



"Student's striptease posted online; UWO investigates, discipline unlikely; Student knew photos were being taken": The Toronto Star provides this report. And the author of the blog "c'est what?" offers these thoughts.

My recent coverage of a somewhat similar controversy at the University of Pennsylvania can be accessed here and here.
Posted at 11:14 AM by Howard Bashman




"British to his prison camp boot straps, High Court rules": Wednesday's edition of The Sydney Morning Herald will contain an article that begins, "The Australian terrorism suspect David Hicks won British citizenship and the hope of freedom last night, and moves are afoot to have him swear an oath of allegiance to Britain within days inside the Guantanamo Bay detention camp." The newspaper will also contain a news analysis headlined "Glimmer of hope, but a long way to go."

BBC News reports that "Terror suspect becomes UK citizen; An Australian held as a terror suspect at Guantanamo Bay has won a legal battle in the UK High Court to be registered as a British citizen."

The Associated Press reports that "Australian at Guantanamo Wins Court Battle."

And Reuters reports that "Australian Guantanamo inmate wins UK legal battle."
Posted at 10:42 AM by Howard Bashman




"Solomon Law Might Not Bar Jeering; Solicitor general says statute gives universities leeway to protest 'don't ask, don't tell'": Javier C. Hernandez has this article, in which I am quoted, today in The Harvard Crimson.

The Emory Wheel reports today that "Court hears military recruitment lawsuit."

Dan K. Thomasson has an op-ed entitled "Take Uncle Sam's money, play by his rules" for the Scripps Howard News Service.

And online at FOXNews.com, Martin Frost has an essay entitled "Law Schools Should Permit Military Recruiting."
Posted at 10:33 AM by Howard Bashman




"Bait and Snitch: The high cost of snitching for law enforcement." Law Professor Alexandra Natapoff has this jurisprudence essay online at Slate.
Posted at 10:28 AM by Howard Bashman



In news from Canada: The Toronto Globe and Mail today reports that "Nfld. lawyer cleared of charge; He faced complaint after saying judges are partly at fault in wrongful convictions."

In other news, The Globe and Mail today reports that "B.C. court strikes down gang law." And in related coverage, The Vancouver Sun reports that "Ruling hobbles organized crime battle, police say."
Posted at 10:25 AM by Howard Bashman




In news from China: The Shenzhen Daily reports today that "Love-addicted man cleared of charges."
Posted at 10:05 AM by Howard Bashman



"Ressam's attorneys ask court to overturn part of his conviction": The Associated Press provides a report that begins, "Lawyers for Ahmed Ressam, who plotted to bomb Los Angeles International Airport on the eve of the millennium, asked a federal appeals court on Monday to overturn his conviction on one of the counts he faced at trial."
Posted at 09:58 AM by Howard Bashman



On today's broadcast of NPR's "Morning Edition": The broadcast contained segments entitled "The Secret Court of Terror Investigations"; "Crips Co-Founder Tookie Williams Put to Death"; and "Death Penalty Facts." RealPlayer is required to launch these audio segments.
Posted at 09:54 AM by Howard Bashman



"New Developments in the Same-Sex Marriage Wars: The Fight Over the Issue in New York, and the Growing International Acceptance and American Rejection of 'Genderless' Marriage." FindLaw commentator Joanna Grossman has this essay today.
Posted at 09:50 AM by Howard Bashman



"Step up Alito fight, right urges GOP": This article appears today in The Hill.

The Portland (Me.) Press Herald reports today that "Lobbies forming to press on Alito."

And The Washington Times reports that "Alito called 'perfect' student."
Posted at 08:44 AM by Howard Bashman




"Redistrict Fight Will Go Before High Court; Critics say Republican remapping in Texas, led by Tom DeLay, diluted minority voters' power": David G. Savage has this article today in The Los Angeles Times.

In today's issue of USA Today, Joan Biskupic reports that "Court to review Texas redistricting arranged by DeLay."

Michael McGough of The Pittsburgh Post-Gazette reports that "Supreme Court agrees to hear dispute over Texas redistricting."

The Dallas Morning News contains articles headlined "Justices take up Texas remap; Stakes sky high as court weighs whether process was too partisan" and "Review heartens Democrats; Republicans doubt a change."

The Fort Worth Star-Telegram reports that "U.S. Supreme Court will hear Texas redistricting appeal."

The Houston Chronicle reports that "High Court will weigh in on Texas remapping; Justices' options include keeping redistricting in place or calling for another redraw."

The San Antonio Express-News reports that "Justices to rule on Texas remap" and "Demos, Republicans confident justices will see remap their way."

The Austin American-Statesman reports that "Supreme Court to review Texas congressional districts; Decision to take case is hailed by lawyers for minorities and Democrats, who call redistricting illegal."

The Brownsville Herald reports that "High Court to hear Texas redistricting case."

The Monitor of McAllen, Texas reports that "High court to hear Texas redistricting case."

Financial Times reports that "Supreme Court to rule on Texas poll maps case."

And The Hill reports that "High court to review map."

In commentary, The Boston Globe contains an editorial entitled "DeLay's poison fruit."

And Newsday contains an editorial entitled "Supreme Court tries again; Its view on redistricting badly needed."
Posted at 07:10 AM by Howard Bashman




"Legal Gadfly Bites Hard, and Beijing Slaps Him": This article appears today in The New York Times.
Posted at 06:58 AM by Howard Bashman



"Tookie Williams Is Executed; The killer of four and Crips co-founder is given a lethal injection after Schwarzenegger denies clemency; He never admitted his guilt": The Los Angeles Times provides this news update. Today's newspaper contains a news analysis headlined "Governor Didn't Believe Williams Had Reformed." And columnist Steve Lopez reports that "'I Watched a Man Die Today.'"

The San Francisco Chronicle today contains articles headlined "Williams executed; Gang co-founder put to death for 1979 murders of four in L.A. area"; "Granting Williams clemency could have cost Schwarzenegger even more GOP support"; "Tears, anger, silence at protesters' candlelight vigil; Speakers read from Williams' anti-gang children's books"; and "In black community, Williams case brings out calls for mercy and calls for punishment."

The Sacramento Bee provides a news update headlined "Crips founder Williams executed at San Quentin; Anti-gang efforts in prison drew world attention."

In The San Jose Mercury News, Howard Mintz reports that "Crips co-founder Williams executed." An article reports that "More sadness than anger greets the decision against clemency." And the newspaper also contains this news analysis.

The Washington Post contains a front page article headlined "Schwarzenegger Declines to Halt Execution of Gang Founder" and a news update headlined "Gang Founder Is Executed in Calif."

The New York Times reports that "Governor Rejects Clemency for Inmate on Death Row."

And USA Today reports that "Crips founder executed early today; Late appeals failed to save 'Tookie' Williams."
Posted at 06:45 AM by Howard Bashman



Monday, December 12, 2005


Available online from law.com: Justin Scheck reports that "9th Circuit Reverses Ghost-Written Opinion."

In other news, "Bomb Threat Doesn't Shake Tenacious Rookie; In first appearance before Conn. high court, lawyer seeks new cause of action."

And in news from Texas, "Federal Vioxx Suit Ends With Mistrial."
Posted at 10:24 PM by Howard Bashman




"Supreme Court to Hear Dispute on Texas Redistricting": Linda Greenhouse will have this article Tuesday in The New York Times.

And Tuesday's edition of The Washington Post will contain a front page article headlined "Justices To Review DeLay-Led Districting; Texas Plan Has Been Called Discriminatory."
Posted at 09:55 PM by Howard Bashman




"Texas cases to be heard March 1": Lyle Denniston has this post at "SCOTUSblog."
Posted at 09:50 PM by Howard Bashman



"Supreme Court Denies Williams a Stay": The Associated Press provides this report.
Posted at 09:45 PM by Howard Bashman



"Governor denies Williams' clemency request": The Sacramento Bee provides this news update.

And The San Francisco Chronicle provides a news update headlined "Californians react to clemency denial."
Posted at 08:40 PM by Howard Bashman




On this evening's broadcast of NPR's "All Things Considered": The broadcast contained segments entitled "High Court to Review Texas Congressional Districts" (featuring Nina Totenberg); "Governor Denies Clemency for Ex-Crips Leader Williams"; and "Judge to Set New Trial Date After Vioxx Mistrial." RealPlayer is required to launch these audio files.
Posted at 08:23 PM by Howard Bashman



"First, the selection of textbooks by the state for use in public school classrooms is government speech, and is not subject to the forum analysis of Hazelwood or the viewpoint neutrality requirement. Second, even assuming that public school students possess a cognizable right to receive information, that right does not extend to the selection of textbooks for use in the classroom." A unanimous three-judge panel of the U.S. Court of Appeals for the Fifth Circuit announced these holdings today in a ruling you can access here.
Posted at 08:10 PM by Howard Bashman



"Byrd Warns Frist Against 'Nuclear Option'": Jesse J. Holland of The Associated Press provides this report.
Posted at 06:02 PM by Howard Bashman



"Supreme Court to weigh Texas redistricting; It has agreed to hear four cases on partisan shaping of districts": Warren Richey will have this article Tuesday in The Christian Science Monitor.

And David G. Savage of The Los Angeles Times provides a news update headlined "Supreme Court to Review GOP-Friendly Texas Redistricting."
Posted at 05:44 PM by Howard Bashman




Attorneys' fee award challenge by Wendt came too late: A unanimous three-judge panel of the U.S. Court of Appeals for the Fourth Circuit issued this decision today.
Posted at 05:00 PM by Howard Bashman



"Federal Court Drops Proposed Gag Rule": The AP provides a report that begins, "The federal court for Rhode Island on Monday dropped a proposed rule that would have banned lawyers and court workers from releasing any information about a case that was not part of the public record."

Today's announcement from the Chief Judge of the U.S. District Court for the District of Rhode Island can be accessed here.
Posted at 04:30 PM by Howard Bashman




BREAKING NEWS -- "Schwarzenegger Denies Clemency for Williams": David Kravets of The Associated Press provides this report.

The Los Angeles Times provides a news update headlined "Schwarzenegger Rejects Williams' Bid for Clemency."

And The San Francisco Chronicle provides a news update headlined "Schwarzenegger denies clemency for Williams."

California Governor Arnold Schwarzenegger has issued a formal written decision denying clemency, and you can access it online at this link.
Posted at 03:37 PM by Howard Bashman




"Williams Waits on Gov.'s Clemency Decision": David Kravets of The Associated Press provides a report that begins, "A federal appeals court has rejected a stay of execution for Crips co-founder Stanley Tookie Williams, who is scheduled to die after midnight."

And The Los Angeles Times provides a news update headlined "Federal Appeals Court Denies Williams a Stay of Execution."

Update: Today's Ninth Circuit ruling can be accessed here.
Posted at 03:14 PM by Howard Bashman




Where a plaintiff in an arbitration case is awarded no recovery, does his action to overturn the award involve an amount in controversy of $0? A divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit was once willing to accept this argument, but later abandoned that holding upon finding a different way to rule against the plaintiff on which all three judges on the panel could agree. Thereafter, a different three-judge Ninth Circuit panel reached the opposite (but correct) result. My earlier coverage of the Ninth Circuit's rulings on this issue can be accessed here and here.

In a decision issued today, a three-judge Eleventh Circuit panel confronted the very same issue, and in agreement with the Ninth Circuit's final word on the subject, the Eleventh Circuit held that "a federal court has subject matter jurisdiction where a party seeking to vacate an arbitration award [of $0] is also seeking a new arbitration hearing at which he will demand a sum which exceeds the amount in controversy for diversity jurisdiction purposes."
Posted at 02:40 PM by Howard Bashman




"High court to review Texas congressional map": Allen Pusey of The Dallas Morning News provides this update.

And The Fort Worth Star-Telegram provides a news update headlined "Supreme Court agrees to review Texas congressional map."
Posted at 02:20 PM by Howard Bashman




"Is There A Secret Law In the Gilmore Case?" Orin Kerr has this post at "The Volokh Conspiracy," following-up on his related post from earlier today titled "Secret Laws and Gilmore v. Gonzales."

I previously collected press coverage of the Ninth Circuit's recent oral argument in the case (audio here in Windows Media) at this link.
Posted at 02:15 PM by Howard Bashman




"Top court to review Texas redistricting plan": James Vicini of Reuters provides this report.
Posted at 12:18 PM by Howard Bashman



"Jonathan Luna Case Revisited, Reassessed": WJZ-TV 13 in Baltimore had this report last Friday. And a video report can be accessed here.

In related coverage, The Centre Daily Times reported last Thursday that "Lawmaker wants closer Gricar probe." And The Daily Collegian reported last Thursday that "Gricar's family to renew his license."
Posted at 12:15 PM by Howard Bashman




"Culture war pits UC vs. Christian way of teaching; Religious schools challenge admission standards in court": The San Francisco Chronicle contains this article today.
Posted at 12:05 PM by Howard Bashman



"Williams awaits decision on fate; State Supreme Court rejects appeal; bid for clemency unsettled": This front page article appears today in The Sacramento Bee.
Posted at 12:04 PM by Howard Bashman



"Governor Schwarzenegger Appoints Justice Carol Corrigan to the Supreme Court of the State of California": The Governor of the State of California issued this news release last Friday. I previously collected press coverage at this link.
Posted at 11:54 AM by Howard Bashman



"Judge declares mistrial in first federal Vioxx case": The Houston Chronicle provides this news update.

And Merck & Co., Inc. has issued this press release.
Posted at 11:37 AM by Howard Bashman




Some exciting news, to be followed in due course by other exciting news: Today in The Legal Intelligencer, the December 2005 installment of my monthly appellate column appears. This month's column is headlined "Opponents Of Rule Allowing Non–Precedential U.S. Court Of Appeals Decisions To Be Cited Manage To Insert A Fly In The Ointment." The link is subscription-only, but I'll be posting a freely-available copy of the column online here on Wednesday.

With today's column, I have begun my sixth year as a columnist for The Legal Intelligencer. But the truly exciting news is that Monday, January 9, 2006 will mark the debut of my weekly column online at law.com. That column will be freely available for all to read each week from the moment it's posted online late on the preceding Friday night until it mysteriously disappears under the cover of darkness at some unspecified date far in the future. I thank the good folks at law.com for offering me a weekly online column at American Lawyer Media's flagship web site, and I'm very much looking forward to having a more frequent column that will reach a much larger audience.
Posted at 11:20 AM by Howard Bashman




"Attorneys for Great Falls, wiccan agree on payment": The Herald of Rock Hill, South Carolina today contains an article that begins, "The town of Great Falls may be on the verge of paying about $53,000 it owes to a woman's lawyer who successfully sued the town to remove mention of Jesus Christ from council prayers."

On Saturday, the newspaper reported that "Council takes prayer out of ministers' hands." And last Tuesday, the newspaper reported that "Prayer taken off City Council agenda."
Posted at 11:05 AM by Howard Bashman




"A Little Sleuthing Unmasks Writer of Wikipedia Prank": This article appeared yesterday in The New York Times.

And USA Today reports today that "Author of false Wikipedia biography apologizes; Nashville man sends letter to journalist, says entries were intended as 'a joke.'"
Posted at 11:00 AM by Howard Bashman




"Alito's supporters fight back": Columnist Robert Novak has this op-ed today in The Chicago Sun-Times.

Today at National Review Online, Edward Whelan has an essay entitled "Deserving Derision: The Left's ludicrous attack on Alito."

Also today, Progress for America Voter Fund issued a news release titled "'A Man of Honor, Principle, and Integrity' - Progress for America Voter Fund Announces a New Alito TV Ad." You can view the ad online via this link.

And this past Friday, Nan Aron of the Alliance for Justice issued a news release titled "Pirolli v. World Flavors, Inc.: Unpublished Opinion Reveals Judge Alito's Conservative Legal Agenda."
Posted at 10:55 AM by Howard Bashman




"Mother hopes for plea deal; She says Lafave trial would further victimize her son": This article appeared yesterday in The Ocala Star-Banner.
Posted at 10:20 AM by Howard Bashman



"Prosecutor in Williams' Case Faces Lawsuit": The AP provides a report that begins, "As he presses for Stanley Tookie Williams' execution for four murders, a top county prosecutor faces his own legal troubles for killing a man while on duty as a reserve sheriff's deputy."
Posted at 10:18 AM by Howard Bashman



"Judge declares mistrial in Vioxx case": Reuters reports here that "The judge on Monday declared a mistrial in the first federal lawsuit against Merck & Co. Inc. and its painkiller Vioxx."

And The Associated Press reports that "Jury Hung in First Federal Vioxx Trial."
Posted at 10:11 AM by Howard Bashman




Today's U.S. Supreme Court Order List: You can view today's Order List at this link.

Gina Holland of The Associated Press reports that "Supreme Court to Review Texas Redistricting." And Reuters reports that "Top court to review Texas redistricting plan."

In other news coverage, The AP reports that "Justices to Hear Workers' Wage Case" and "Court Won't Hear Suit Against Home Depot." And Reuters reports that "Court won't hear National Geographic CD-ROM case" and "Top court rejects appeal in Sandisk case."

At "SCOTUSblog," Lyle Denniston has a post titled "Court to hear Texas redistricting cases."

And at his "Election Law" blog, Law Professor Rick Hasen has a post titled "Supreme Court Agrees to Hear Texas Redistricting Case; Will a Justice Alito Make a Difference?"
Posted at 10:00 AM by Howard Bashman




"Lobby Groups Following Bork Playbook; Reaching for a Familiar Foe To Derail Alito Nomination": T.R. Goldman has this article (free access) in today's issue of Legal Times.
Posted at 09:00 AM by Howard Bashman



"PATRIOT Unbound: Not even flubbed terror cases can dent law's appeal." Jeff A. Taylor has this essay online at Reason.
Posted at 08:44 AM by Howard Bashman



"Alito: A Sampling of Misleading Media Coverage." Stuart Taylor Jr. has this essay today online at National Journal.
Posted at 08:40 AM by Howard Bashman



The Washington Post is reporting: Today's newspaper contains an article headlined "Custody Battle Is Waged Over Comatose Girl; Massachusetts Fights Stepfather Accused Of Beating Youngster."

And yesterday, the newspaper reported that "Warning Label on Darwin Sows Division in Suburbia; Parents in Cobb County, Ga., Clash Over Sticker in Textbooks."
Posted at 07:20 AM by Howard Bashman




"Al-Arian judge enhances image; Many say James S. Moody Jr. holds court with patience, intelligence, calm and control - and a dry sense of humor": This article appears today in The St. Petersburg Times.
Posted at 07:15 AM by Howard Bashman



"Putting a chill on the initiative process; An appeals court ruling that requires petitions to be multilingual in certain areas could short-circuit propositions and recalls": Law Professor Richard L. Hasen, author of the "Election Law" blog, has this op-ed today in The Los Angeles Times.
Posted at 07:10 AM by Howard Bashman



"In wartime, this lawyer has got Bush's back": The Los Angeles Times today contains an article that begins, "To his shrillest student critics, UC Berkeley law professor John Yoo -- a mild-mannered, cherubically baby-faced academic who gravitates toward the driest of legal treatises and the sharpest of suits -- incarnates the banality of evil."
Posted at 07:04 AM by Howard Bashman



"Frist threatens to end filibusters over Alito": Michael McGough has this article today in The Pittsburgh Post-Gazette.

And The Los Angeles Times reports today that "'Nuclear Option' Possible in Alito Battle, Frist Says." In addition, Ronald Brownstein's "Washington Outlook" column is headlined "Alito's Remarks on Roe May Not Be Fighting Words."
Posted at 07:00 AM by Howard Bashman




"Blawg Review #36": Available online here at "AutoMuse."
Posted at 06:50 AM by Howard Bashman



"Is an Online Encyclopedia, Such as Wikipedia, Immune From Libel Suits? Under Current Law, the Answer Is Most Likely Yes, But that Law Should Change." Anita Ramasastry has this essay today online at FindLaw.
Posted at 06:45 AM by Howard Bashman



"State high court denies plea to stay execution; Governor's decision on clemency is last real hope for Williams": This article appears today in The San Francisco Chronicle, along with articles headlined "Death penalty foes appeal for Williams' life; Inmate's supporters gather in Oakland, S.F., and at prison" and "Execution's strict protocol: Cold efficiency and precise procedures govern the final day of the condemned at San Quentin."

The Los Angeles Times today reports that "Justices Reject Williams' Appeal."

And The New York Times reports that "No Word From Governor as Execution Approaches."
Posted at 06:40 AM by Howard Bashman



Sunday, December 11, 2005


Comedian Richard Pryor has died; National Public Radio notwithstanding, he was never nominated to serve on the U.S. Court of Appeals for the Eleventh Circuit: The New York Times contains this obituary today.

Back in July 2003, NPR's "Morning Edition" (as I noted here then) aired an audio segment (RealPlayer required) that referred to Eleventh Circuit nominee "Alabama Attorney General Richard Pryor."
Posted at 11:45 PM by Howard Bashman




"Federal Marijuana Monopoly Challenged; Researchers Want to Grow More Plants and Find More Medicinal Uses": This article will appear Monday in The Washington Post.
Posted at 09:54 PM by Howard Bashman



"Governor Postpones Decision on William's Execution": The Los Angeles Times provides this news update.

And David Kravets of The Associated Press provides a report headlined "Williams' Supporters: Witness Has Surfaced."
Posted at 09:50 PM by Howard Bashman




"Major lauded for 13 years of service on top court": This article appeared yesterday in The Toronto Globe and Mail.
Posted at 07:04 PM by Howard Bashman



"Frist Cautions Senators Against Stalling Alito Vote; Democrats Don't Plan Filibuster": Monday's edition of The Washington Post will contain this article.

And Reuters reports that "US Senate leader says Alito vote may need rules change."
Posted at 07:00 PM by Howard Bashman




"For justice, jurors put lives on hold; The group hearing the Sami Al-Arian trial brought a lot to the table, and left it knowing they were part of something bigger than themselves": This article appears today in The St. Petersburg Times.
Posted at 04:20 PM by Howard Bashman



"'Don't Ask, Don't Tell' Hypocrisy": Columnist George F. Will has this op-ed today in The Washington Post.
Posted at 04:15 PM by Howard Bashman



"Alito's classic family odyssey; Ancestors came from Italy and struggled in US": This article appears today in The Boston Globe, which also contains an op-ed by Kenneth W. Starr and Ronald A. Cass entitled "Alito's sticky thicket."

The St. Louis Post-Dispatch today reports that "Campaigns on Alito are starting to build."

And in The St. Petersburg Times, Bill Adair has an article headlined "A shame nominees must play it safe."

In other commentary, The Dallas Morning News contains an editorial entitled "Where Alito Stands: Ask about voting rights and Roe before recusal."

In The Baltimore Sun, Jon Hanson and Adam Benforado have an op-ed entitled "The conservative hypocrisy."

And in The New York Times Magazine, Noam Scheiber has an essay entitled "Republican Elitism."
Posted at 12:45 PM by Howard Bashman




"Frist Says He's Ready to Block Filibuster": The Associated Press provides this report.

FOXNews.com has posted at this link a transcript of today's "Fox News Sunday" interview with Senate Majority Leader Bill Frist, M.D. (R-TN).
Posted at 12:35 PM by Howard Bashman




"Williams' Lawyer Appeals to Supreme Court; Constitutional issues challenging the validity of his convictions and death sentence are raised in request for a stay of execution": Henry Weinstein has this article today in The Los Angeles Times, which also reports that "Glitz and Gore of Williams Case Draw Foreign Media."

The San Francisco Chronicle today contains articles headlined "Governor in L.A., fends off queries; He has till Monday to decide on plea for clemency" and "Californians soul-searching in countdown to execution; Two-thirds in state support the death penalty, but polls haven't asked questions about redemption."

And The Associated Press reports that "Tookie Williams Seeks Stay of Execution."
Posted at 12:30 PM by Howard Bashman



Saturday, December 10, 2005


In news from Canada: The Toronto Globe and Mail today contains articles headlined "For RIM, a defining fight rooted in a Chicago basement; Lawsuit may affect every BlackBerry user in the U.S." and "Court reserves decision on health-care rights fight."

According to the BlackBerry-related article, "Joletta Campana and Mr. Stout each own about one-third of NTP. The remainder is held by a couple of dozen investors -- many at the firm's Washington law firm Wiley, Rein & Fielding -- who have financed the long legal battle with Waterloo, Ont.-based RIM."

And in earlier coverage, Financial Post on Thursday published an article headlined "The firm that may run RIM off the court: Lawyer Don Stout is known for draining long shots in lunch-hour basketball encounters at a local gym; Co-founders Don and Tom 'seemed like an odd couple at first; Don was a patent lawyer and Tom was a complete nerd.'"
Posted at 12:30 PM by Howard Bashman




"Shouldn't men have 'choice' too?" Today in The Los Angeles Times, columnist Meghan Daum has an op-ed that begins, "For pro-choicers like myself, Supreme Court nominee Samuel A. Alito Jr.'s position regarding spousal consent for abortion seems like one more loose rock in the ongoing erosion of Roe vs. Wade."
Posted at 10:50 AM by Howard Bashman



"Gov. Names Moderate to High Court; Carol A. Corrigan, who joined the GOP after appointment to Court of Appeal, is praised for analytical abilities and people skills": Maura Dolan has this article today in The Los Angeles Times.

The San Francisco Chronicle reports today that "Governor picks moderate for top state court."

The Sacramento Bee reports that "High court justice named; Governor selects Carol Corrigan, a Republican appellate judge."

In The San Jose Mercury News, Howard Mintz reports that "State court justice named; Governor picks ex-Alameda County prosecutor, judge."

In The Oakland Tribune, Josh Richman reports that "Oaklander tapped for high court; Governor's pick of Republican Corrigan to state bench draws tepid conservative response."

The San Diego Union-Tribune reports that "S.F. judge chosen for California high court; Governor's nominee known as a moderate Republican."

And The Stockton Record reports that "Stockton native nominated to Supreme Court; Appellate judge praised for her sharp legal mind."
Posted at 10:33 AM by Howard Bashman




"Law schools challenge military recruitment": This article appeared yesterday in The Chronicle of Duke University.

The Boston Globe today contains an editorial entitled "A threat to gay equality."

The December 19, 2005 issue of The Weekly Standard contains an editorial entitled "Solomonic Nonsense: Thirty-six leading law schools advise the Supreme Court that contemporary American legal education bears meaningful comparison to a Klan assembly."

And in yesterday's issue of The Harvard Crimson, Alexander N. Li had an op-ed entitled "In the Service of the Nation."
Posted at 09:10 AM by Howard Bashman




"Providence not liable in officer's shooting death; Jury members say lawyers for Sgt. Cornel Young Jr.'s family failed to prove that inadequate police training caused his death": The Providence (R.I.) Journal contains this article today.
Posted at 09:07 AM by Howard Bashman



"Every Execution Detail Prescribed; Inmate movements, visitor rules, the mix of chemicals, the number of syringes: Nothing is left to chance; Wheels have started turning." This article appears today in The Los Angeles Times.
Posted at 09:05 AM by Howard Bashman



"Ex-Judge to Admit to Possessing Child Porn; The former Orange County jurist was arrested after a hacker broke into his computer and found images of young boys in sex acts": The Los Angeles Times contains this article today.

And The Orange County Register reports that "Deal may put judge in prison; Ex-judge agrees to suggested sentence of 27 to 33 months in child porn case."
Posted at 09:00 AM by Howard Bashman




"Appeals Judges Question SEC's Hedge Fund Rule": This article appears today in The Washington Post.

And The New York Times reports today that "Judges Weigh Hedge Funds vs. the S.E.C."
Posted at 08:58 AM by Howard Bashman




"Justice Department Asks Court to Release Case of Terrorism Suspect": Neil A. Lewis of The New York Times provides this report.

And The Washington Post reports today that "U.S. Won't Fight Ruling's Withdrawal; Indictment Affecting Litigation on Detention of Terror Suspect."
Posted at 08:50 AM by Howard Bashman



Friday, December 09, 2005


Available online from law.com: Marcia Coyle reports that "Justices Ponder Heavy Patent Docket; David vs. Goliath case one of many patent disputes before Supreme Court."

Shannon P. Duffy reports that "3rd Circuit Reinstates Federal Obscenity Laws."

Justin Scheck reports that "Tech Millionaire's War on ID Checks Takes Him to 9th Circuit." Earlier today I collected additional coverage here.

And in other news, "Judges Ask 8th Circuit to Reconsider Its Gun Stance; Multiple convictions are permitted for a single act of possession."
Posted at 11:00 PM by Howard Bashman




"Live Tracking of Mobile Phones Prompts Court Fights on Privacy": This article will appear Saturday in The New York Times.
Posted at 10:45 PM by Howard Bashman



"BlackBerry Users Remain in the Dark; PR Experts Say RIM Must Do More to Inform Customers": The Washington Post on Saturday will contain an article that begins, "Research in Motion Ltd. made it easier to communicate with the introduction of its BlackBerry wireless e-mail device, but the company has not been as communicative with the public about its own plans in its time of legal crisis."
Posted at 10:42 PM by Howard Bashman



"Feds push to try Padilla in Miami; To avoid a Supreme Court showdown, the Bush administration said 'dirty bomb' suspect Jose Padilla could be tried in federal court on lesser charges, not held as an 'enemy combatant'": This article will appear Saturday in The Miami Herald.
Posted at 10:32 PM by Howard Bashman



"Court Rules Against Mom in Download Suit": The Associated Press provides a report that begins, "A federal appeals court late Friday upheld the music industry's $22,500 judgment against a Chicago mother caught illegally distributing songs over the Internet." My earlier coverage is here.
Posted at 10:04 PM by Howard Bashman



Reuters is reporting: Now available online are articles headlined "US court questions basics of SEC hedge fund rule" and "U.S. Court Voids Attempt to Strip Pooh License."
Posted at 05:12 PM by Howard Bashman



"Government willing to give up Padilla precedent": Lyle Denniston has this post at "SCOTUSblog."

And Reuters reports that "US says court ruling on Padilla should be set aside."
Posted at 05:08 PM by Howard Bashman




"Is the Supreme Court Moving to the National Mall?" Daniel J. Solove has this post at "Concurring Opinions."
Posted at 05:00 PM by Howard Bashman



"Groups Ask Court to Toss Auto Recall Rule": The Associated Press provides a report that begins, "A federal appeals court was asked Friday to throw out a rule that allows the government's highway safety agency to limit some vehicle recalls by region."
Posted at 04:28 PM by Howard Bashman



"RIM surges on settlement talk; BlackBerry maker may pay $700-$800M to NTP in patent dispute, less than feared": Reuters provides this update.
Posted at 04:25 PM by Howard Bashman



"Pay-Raise Hearing: Who'll judge the judges?" The Philadelphia Inquirer today contains an editorial that begins, "State Supreme Court Chief Justice Ralph J. Cappy made a wise decision to recuse himself from the case involving pay raises for Pennsylvania judges. But his move alone doesn't assure public confidence in a fair outcome of this controversy."
Posted at 03:20 PM by Howard Bashman



Snow storm causes First Circuit to close early today: Details here.
Posted at 03:10 PM by Howard Bashman



"Gov. Picks Moderate to Replace Brown on High Court": The Los Angeles Times provides this news update.

The San Francisco Chronicle provides a news update headlined "Schwarzenegger names centrist judge to state high court."

The Sacramento Bee provides a news update headlined "Governor appoints Corrigan to Supreme Court."

The Associated Press reports that "Schwarzenegger Names Judge to High Court."

And The Recorder provides a news update headlined "Corrigan Tapped for State Supreme Court."
Posted at 03:05 PM by Howard Bashman




"With all of these means available to consumers who want to choose where to spend their money, downloading full copies of copyrighted material without compensation to authors cannot be deemed 'fair use.'" In an opinion by Circuit Judge Frank H. Easterbrook, the U.S. Court of Appeals for the Seventh Circuit today considers the appeal of a woman who "downloaded copyrighted music through the KaZaA filesharing network" and, as a result, was ordered to pay damages totaling $22,500 for having downloaded thirty songs.
Posted at 01:55 PM by Howard Bashman



"Western-state Democratic senators oppose splitting 9th Circuit": The Associated Press provides a report that begins, "The Democratic senators representing the nine Western states that make up the 9th U.S. Circuit Court of Appeals signed a letter Thursday opposing a House GOP plan to break the circuit in two."

Update: You can access a copy of the letter at this link.
Posted at 12:02 PM by Howard Bashman




"The Conservative Farm System: Once a little-known fraternity of conservative law students, the Federalist Society has become a major player in the fight to reshape the courts and the law; Why has it been so successful?" The Week Magazine has today posted online this briefing.
Posted at 10:45 AM by Howard Bashman



"Confirmation of Alito reveals hidden values": Law Professor Marc M. Harrold has this op-ed today in The Clarion-Ledger of Jackson, Mississippi.
Posted at 10:33 AM by Howard Bashman



"An Army of Lawyers": Lisa Hajjar will have this article in the December 26, 2005 issue of The Nation.
Posted at 09:44 AM by Howard Bashman



"The Letterman Justice: John Roberts is too savvy to keep cameras out of court forever." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 09:42 AM by Howard Bashman



"Judges cool to ID complaint": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "A San Francisco businessman who wants to fly anonymously heard a federal appeals court panel react skeptically Thursday to his argument that being forced to produce identification before boarding a plane violates his privacy."

In The New York Sun today, Josh Gerstein reports that "Legality of Airport ID Checks Probed" (pass-through link).

The Oakland Tribune reports that "Case centers on secret ID directive; Requiring identification to board airplane violates rights, court told." The article begins, "Millionaire John Gilmore did not show photo identification to walk into a federal courthouse Thursday, where his attorney tried to persuade a panel of appellate judges that nobody should need ID to board an airplane," thus answering the question I previously asked here.

At c|net News.com, Declan McCullagh has an article headlined "Airport ID checks legally enforced?"

The Associated Press reports that "Privacy advocate asks court to expand case about showing ID."

Wired News reports that "Secret ID Law Goes to Court." Its preview of the oral argument was headlined "Secret ID Law to Get Hearing."

And The Pittsburgh Post-Gazette previewed the oral argument yesterday in an article headlined "Millionaire headed to court in fight over ID regulations; John Gilmore can buy just about anything, except an airline ticket."
Posted at 09:35 AM by Howard Bashman




"Appeals court reinstates porn case against California company": The Pittsburgh Post-Gazette today contains an article that begins, "A federal appeals court has ordered criminal charges reinstated against the owners of a California company that makes violent and graphic pornographic movies."

And The Pittsburgh Tribune-Review reports today that "Obscenity case can proceed."

My earlier coverage is here.
Posted at 09:15 AM by Howard Bashman




"Lafave plea denied; Marion ruling could mean trial, prison in teacher sex case": The Ocala Star-Banner contains this article today, along with an article headlined "Case captivates media's attention; Lawyers, journalists say a double standard exists."

The St. Petersburg Times reports today that "Lafave deal rejected in Marion; The ruling may jeopardize the former middle school teacher's plea deal on sex charges in Hillsborough."

And The Tampa Tribune reports that "Lafave's Plea Deal Rejected."
Posted at 08:15 AM by Howard Bashman




"Congress' black caucus opposes Alito nomination": This article appears today in The Washington Times.

The Denver Post today contains an editorial entitled "Abortion issue looms for Alito."

In The Rochester (N.Y.) Democrat & Chronicle, Peter Durant has an op-ed entitled "Rule out filibustering judicial choices."

And FindLaw commentator Edward Lazarus has an essay entitled "Why Judge Alito's View on 'One Person, One Vote' May Be Even More Important than His View on Roe v. Wade."
Posted at 08:05 AM by Howard Bashman




"Court rules girl not responsible for sex with teacher": The Associated Press provides this report on a ruling (majority opinion; opinion concurring in part/dissenting in part; dissenting opinion) that the Supreme Court of Washington State issued yesterday.
Posted at 08:00 AM by Howard Bashman



"Federal court throws out killer's death sentence; Potential juror unfairly excluded, judges say": The Seattle Post-Intelligencer today contains an article that begins, "A federal appeals court overturned the death sentence Thursday of a man who had been expected to be the next person executed in Washington."
Posted at 07:54 AM by Howard Bashman



"Fighting on the Wrong Front": Today in The New York Times, Law Professor Peter H. Schuck has an op-ed in which he writes, "in their opposition to the Solomon Amendment, the universities are not only on shaky legal ground, as confirmed by the skeptical questioning they faced from the justices at oral argument, but intellectually inconsistent."
Posted at 07:45 AM by Howard Bashman



"Court Voids Ruling Backing Gay Marriage": The New York Times today contains an article that begins, "An appellate court yesterday reversed a lower court ruling that would have permitted same-sex marriage in New York City."
Posted at 07:40 AM by Howard Bashman


Thursday, December 08, 2005


"Ask Supreme Court nominees if they'll be polite to lawyers; No judge should be an activist when it comes to discourtesy; Yet some act like thugs on the bench": David Lebedoff will have this op-ed Friday in The Minneapolis Star Tribune.
Posted at 10:40 PM by Howard Bashman



"Britain's Top Court Rules Information Gotten by Torture Is Never Admissible Evidence": Friday's edition of The New York Times will contain this article.
Posted at 10:38 PM by Howard Bashman



"Case too complex to get a conviction; A juror says the case against Sami Al-Arian left them overwhelmed; Now prosecutors have to decide whether to try again": This article appears today in The St. Petersburg Times, along with articles headlined "Trial's cost: still counting; Trying Al-Arian and his co-defendants probably cost tens of millions; But no one knows yet" and "Verdict a 'turning point' for Muslims." In addition, columnist Howard Troxler has an op-ed entitled "Like it or not, Al-Arian verdict a testament to our system of justice."

The New York Times today contains an article headlined "Professor in Terror Case May Face Deportation."

The Los Angeles Times contains a news update headlined "The Patriot Act Can't Make Up for a Weak Case."

The Orlando Sentinel reports that "Al-Arian's fate remains up in the air; Though not convicted on terror charges, he may be deported -- or retried." The newspaper also contains an editorial entitled "A lack of evidence: The outcome of Al-Arian's trial shows the feds should bring much stronger cases," while columnist Mike Thomas has an op-ed entitled "Verdict shows worth of what we hold dear."

The Oracle of the University of South Florida reports that "Al-Arian's future still unclear; Prosecutors may decide to retry Sami Al-Arian on nine remaining charges."

And The Palm Beach Post contains an editorial entitled "Trial exposed al-Arian but didn't convict him."
Posted at 10:24 PM by Howard Bashman




"Teacher-student sex plea deal rejected; Woman who pleaded guilty in one county faces trial in another": CNN.com provides a report that begins, "A judge in Marion County, Florida, on Thursday rejected a proposed plea deal for Debra Lafave, who pleaded guilty in another county to having sex with a 14-year-old student while she was a teacher."
Posted at 10:15 PM by Howard Bashman



Available online from law.com: An article reports that "Law Firms Not Liable in Alleged Web Hacking Case; Judge dismisses suit by witness who said work was misappropriated." My earlier coverage of the ruling is here.

And in other news, "2nd Circuit Clarifies Notice Provision of New York's Eminent Domain Law."
Posted at 10:14 PM by Howard Bashman




"Appeals court reinstates obscenity charges against porn sellers": The Associated Press provides this report.
Posted at 09:00 PM by Howard Bashman



"3rd Circuit Reinstates Federal Obscenity Laws": Shannon P. Duffy of The Legal Intelligencer provides this news update (free access).
Posted at 06:08 PM by Howard Bashman



"Senate Democrats Request More Alito Info": Jesse J. Holland of The Associated Press provides a report that begins, " Senate Democrats on Thursday called for Supreme Court nominee Samuel Alito to provide them with more information about his time as a federal judge and a government lawyer, citing 'questions that seem to have incomplete answers.'"
Posted at 06:05 PM by Howard Bashman



"N.Y. Appeals Court Rejects Gay Marriage": The Associated Press provides this report on a ruling that the New York State Supreme Court, Appellate Division, First Department, issued today.
Posted at 05:35 PM by Howard Bashman



"Blogging Is the New Black; Sheppard Mullin uses blogging as an innovative marketing tool, gets techie street cred": law.com's Law Technology News provides this report.
Posted at 04:58 PM by Howard Bashman



"RIM and NTP Resume Settlement Talks": The Associated Press provides a report that begins, "BlackBerry maker Research in Motion Ltd. has resumed settlement talks with NTP Inc. through a mediator, bolstering hopes for a truce in a patent battle that has threatened the popular BlackBerry e-mail service."
Posted at 04:14 PM by Howard Bashman



Reporter for the U.S. Courts Advisory Committee on Appellate Rules reportedly under consideration for federal judgeship: The Minneapolis Star Tribune last month reported that "St. Thomas dean said to be on court list; A onetime clerk for U.S. Justice Antonin Scalia will likely be Bush's next pick for a federal judgeship." For what it's worth, I have been most impressed with Law Professor Patrick J. Schiltz' work as reporter for the Appellate Rules Advisory Committee. Coincidentally, both Chief Justice John G. Roberts, Jr. and Third Circuit Judge Samuel A. Alito, Jr. are recent former members of the Appellate Rules Advisory Committee.
Posted at 04:04 PM by Howard Bashman



Access online the text of the revised, prospective-only proposed Federal Rule of Appellate Procedure 32.1, which the Judicial Conference of the United States transmitted to the U.S. Supreme Court on November 29, 2005: Newly revised FRAP 32.1 can be viewed at this link. My December 2005 monthly appellate column, to be published next Monday in The Legal Intelligencer, will explain why the Supreme Court should strike from the proposed rule the newly-added prospective-only limitation.
Posted at 03:30 PM by Howard Bashman



In news from Malta: Reuters reports that "Horses cannot wear diapers, court says."

And The Times of Malta reports today that "Horse 'nappy' ruled illegal."
Posted at 02:23 PM by Howard Bashman




"Knight-Ridder distorts Supreme Court nominee Judge Samuel Alito's 15-year record on the US 3rd Circuit Court of Appeals": The Senate Republican Conference issued this news release yesterday. And Stephen Henderson, one of the co-authors of the article, appeared on Hugh Hewitt's radio show yesterday (transcript here) to discuss the article and Henderson's recent C-SPAN appearance (RealPlayer required) concerning the article.

Update: Last night, Knight Ridder issued this response to the Senate Republican Conference's critique.
Posted at 02:11 PM by Howard Bashman




"Okla. Supreme Court Backs QB Suspension": The Associated Press provides this report on a decision that the Supreme Court of Oklahoma issued today.
Posted at 02:04 PM by Howard Bashman



Pooh copyright agreement upheld; Washington State death sentence overturned: Here are today's rulings of note from the U.S. Court of Appeals for the Ninth Circuit.

In an opinion by Circuit Judge Alex Kozinski, the court today granted a writ of habeas corpus vacating the death sentence imposed on a "not a nice man" convicted of murder in Washington State because the state trial court had unlawfully dismissed for cause a juror who "expressed no antipathy toward the death penalty."

And today's other ruling of note involves a copyright action brought by one of A.A. Milne's heirs pursuant to the Sonny Bono Copyright Term Extension Act of 1998.
Posted at 01:45 PM by Howard Bashman




BREAKING NEWS -- U.S. Court of Appeals for the Third Circuit reverses dismissal of obscenity prosecution in United States v. Extreme Associates, Inc.: Circuit Judge D. Brooks Smith wrote today's opinion of the court.

The final sentence of the opinion's opening paragraph states, "Because we conclude that the District Court improperly set aside applicable Supreme Court precedent which has repeatedly upheld federal statutes regulating the distribution of obscenity in the face of both First Amendment and substantive due process attacks, we will reverse the judgment of the District Court." The district court's ruling, which the Third Circuit reversed today, can be accessed at this link.

Last month, Salon.com published an article that observed:

While obscenity prosecutions are up, the Justice Department faced a major setback in January, on the day of President Bush's inauguration. A federal district judge in Pennsylvania dismissed an obscenity case against one porn company, Extreme Associates, which produces the most offensive types of pornography, including scenes that involve violence, urination and simulated rape.

In his decision, Judge Gary Lancaster cited a recent Supreme Court decision, in Lawrence v. Texas, that claimed a Texas ban on consensual sodomy violated the constitutional rights of adults. Lancaster ruled that the same legal reasoning all but nullified the rationale behind many obscenity laws. "After Lawrence," the judge wrote, "the government can no longer rely on the advancement of a moral code, i.e., preventing consenting adults from entertaining lewd and lascivious thoughts, as a legitimate, let alone compelling, state interest."

That ruling, if it is upheld on appeal, could be a death knell to the principal legal remedy pornography opponents now have.

As noted above, today the district court's ruling was not upheld on appeal.
Posted at 01:11 PM by Howard Bashman



"Foes of split are ignoring weaknesses in 9th Circuit": Ninth Circuit Judges Diarmuid F. O'Scannlain, Andrew J. Kleinfeld, and Richard C. Tallman, along with U.S. District Judge John M. Roll (D. Ariz.), have this op-ed today in The Arizona Republic.
Posted at 01:05 PM by Howard Bashman



"Appeals Court to Hear Mumia Abu-Jamal Case": The Associated Press provides this report.
Posted at 01:04 PM by Howard Bashman



"Blood-Clot Victims Lose Appeal in Case": The Associated Press provides a report that begins, "Britain's highest court of appeal, the House of Lords, on Thursday ruled against airline passengers who suffered potentially fatal blood clots linked to air travel, rejecting their efforts to sue the airlines for compensation."

And Reuters reports that "UK court rejects thrombosis claim against airlines."

You can access today's ruling of the House of Lords at this link. The lead opinion begins, "This litigation has raised once again, albeit in a fairly new context, the question as to the scope that should be given to the term 'accident' in article 17 of the Warsaw Convention 1929."
Posted at 11:10 AM by Howard Bashman




"Chief justice sits out cases on pay raise; Two judges this week asked the high court to reinstate the increase; Ralph J. Cappy had praised the initial action": This article appears today in The Philadelphia Inquirer. The newspaper has also posted online a copy of the pleading asking the Supreme Court of Pennsylvania to take immediate jurisdiction over the judicial pay raise repeal challenge.

In related commentary, The Allentown Morning Call today contains an editorial entitled "Appeals of pay raise repeal create dilemma for state Supreme Court."
Posted at 11:05 AM by Howard Bashman




"Of Essays and Guns": At "PrawfsBlawg," Will Baude has a lengthy post that begins, "Via Howard Bashman, I see that David J. Garrow has in the newest issue of the The Green Bag, a review of Jack Balkin, et. al.'s, What Roe v. Wade Should Have Said." My post linking to the review is here.
Posted at 10:38 AM by Howard Bashman



"Muddy Waters: Alito v. Alito on abortion." Ryan Lizza will have this TRB essay (pass-through link) in the December 19, 2005 issue of The New Republic.
Posted at 10:33 AM by Howard Bashman



"A victory for Mumia: A court rules that Mumia Abu-Jamal can appeal his murder conviction on three separate grounds." Dave Lindorff provides this report at Salon.com.
Posted at 10:28 AM by Howard Bashman



"British Court Rules in Torture Case": The Associated Press provides a report that begins, "Britain's highest court ruled Thursday that evidence obtained in other countries through torture may not be used in British courts."

Reuters reports that "Britain's top court bans 'torture evidence.'"

BBC News reports that "Lords reject torture evidence use; Secret evidence which might have been obtained by torture cannot be used against terror suspects in UK courts, the law lords have ruled." A BBC News video report can be viewed here (RealPlayer required).

And The Times of London provides a news update headlined "Law Lords rule against use of torture evidence."

Today's ruling of the House of Lords can be accessed here.
Posted at 10:15 AM by Howard Bashman




"Two New Bomb Threats Delay Court Openings": The Hartford Courant today contains an article reporting that yesterday was "the fourth straight business day that bomb threats have closed some courthouses in the state."
Posted at 09:05 AM by Howard Bashman



"Prop. 77 is back in court; Justices say wording should be mulled, despite its defeat": This article appears today in The Sacramento Bee.

Law Professor Rick Hasen attended yesterday's oral argument before the Supreme Court of California, and he has a post titled "Report from Oral Argument in the California Supreme Court in the Prop. 77 case" at his "Election Law" blog.
Posted at 09:00 AM by Howard Bashman




"Jamming with the Supremes: Getting a glimpse of Roberts's first abortion test." Deirdre Fulton has this essay in the current issue of The Boston Phoenix.
Posted at 07:22 AM by Howard Bashman



"Let public see justice at work; Televised proceedings would raise confidence in legal system": This editorial appears today in USA Today.

And the newspaper also contains an op-ed by U.S. District Judge Jan E. DuBois entitled "Keep cameras out: Televised trials would intimidate witnesses, affect right to fair trial."
Posted at 07:20 AM by Howard Bashman




"Harvard Profs' Brief Could Still Sway Court; Statutory argument is last, best hope for opponents of military presence on campus": Daniel J. Hemel has this article today in The Harvard Crimson.

The Daily Pennsylvanian reports today that "Experts say high court likely to uphold law; Case filed by Penn Law professors could depend on Solomon decision."

The UCLA Daily Bruin reports that "Court may allow recruiters."

And the Jewish Telegraphic Agency reports that "Law School Case Pits Gay Rights Against Groups' Pro-Israel Strategy."

In commentary, The Los Angeles Times contains an editorial entitled "Flawed legal logic" that remarks, "We are sympathetic to the schools' impulse to protest the policy, but their constitutional argument is embarrassingly weak."

In The Chicago Tribune, columnist Steve Chapman has an op-ed entitled "When liberals oppose strong government."

And The Athens Banner-Herald contains an editorial entitled "Recruitment lawsuit masks real question."
Posted at 07:15 AM by Howard Bashman




"Committee Democrat Seeks More on Work Alito Did in the 80's": The New York Times contains this article today.

The Newark (N.J.) Star-Ledger reports that "Alito record shows doubts about televising Supreme Court."

Online at The Weekly Standard, Joseph Lindsley has an essay entitled "Alito's College Days: Reading his senior thesis on the Italian Constitutional Court."

In The Washington Times, David Limbaugh has an op-ed entitled "The Alito memos."

In The Boston Globe, columnist Joan Vennochi has an op-ed entitled "Democratic doublespeak."

And in The Salt Lake Tribune, Jeffrey N. Wasserstein yesterday had an op-ed entitled "Judge Alito is no ideologue."
Posted at 07:10 AM by Howard Bashman




"Court grills Kansans over death penalty law": This article appears today in The Wichita Eagle.

The Kansas City Star reports today that "Death penalty law argued in court; Justices review Kansas ruling."

And The Oregonian reports that "High court questions state ruling on Guzek; U.S. justices suggest Oregon's court erred in nixing the killer's sentence over a right to raise 'residual doubt.'"
Posted at 06:55 AM by Howard Bashman




"Student Debt Collectible by Social Security": Linda Greenhouse has this article today in The New York Times.

David G. Savage of The Los Angeles Times reports that "School Loans May Bite Into Social Security; The high court rules that the U.S. may take as much as 15% of benefits to pay off federally backed student loans."

And Michael McGough of The Pittsburgh Post-Gazette has an article headlined "Supreme Court: Unpaid student loans can be withheld from Social Security."
Posted at 06:40 AM by Howard Bashman



Wednesday, December 07, 2005


"Justices consider Kansas death penalty": The Kansas City Star provides this news update.
Posted at 10:12 PM by Howard Bashman



"Specter Predicts Long, Tough Questioning for Alito": This article will appear Thursday in The Washington Post.

And Reuters reports that "Senate Democrats press for papers on Alito."
Posted at 10:08 PM by Howard Bashman




Available online from law.com: Tony Mauro reports that "Roberts Pens First Opinion as Chief Justice."

And Marcia Coyle has an article headlined "Finding Out Where Banks Are 'Citizens.'"
Posted at 10:04 PM by Howard Bashman




"Tortured Rationale: Does Congress really want to fight the war on terror with false confessions?" Emily Bazelon has this jurisprudence essay online at Slate.
Posted at 09:58 PM by Howard Bashman



"Failed case seen as blow to terror war; But many Muslim-Americans see the acquittal of Sami al-Arian as a vindication of US justice": Warren Richey will have this article Thursday in The Christian Science Monitor. Earlier today, I collected additional coverage here.
Posted at 05:15 PM by Howard Bashman



"Blank Slate: Emily Bazelon flees from reality." Edward Whelan has this essay today at National Review Online.
Posted at 04:45 PM by Howard Bashman



"High court hears arguments on Kansas death penalty": The Wichita Eagle provides this news update.
Posted at 04:35 PM by Howard Bashman



"The death penalty and the mercy option": Lyle Denniston has this post at "SCOTUSblog."
Posted at 04:30 PM by Howard Bashman



"Roberts Pens First Opinion as Chief Justice": law.com's Tony Mauro provides this report.
Posted at 04:10 PM by Howard Bashman



"Congressional Black Caucus to Oppose Alito": Jesse J. Holland of The Associated Press provides this report.
Posted at 04:08 PM by Howard Bashman



Best, as in "most popular": The 2005 Weblog Awards are now accepting votes (once per day, per computer, per type of web browser) for "Best Law Blog."
Posted at 04:04 PM by Howard Bashman



"Because the Court does not appear to have developed a 'coherent or stable conception of the appropriate role of precedent in constitutional adjudication,' it is difficult to predict when the Court will rely on stare decisis and when it will depart from it." That's the conclusion of a recently-issued Congressional Research Service report titled "The Supreme Court's Overruling of Constitutional Precedent: An Overview."
Posted at 03:55 PM by Howard Bashman



"Split Decision: Republicans want to break up 'the 9th Circus,' the San Francisco-based liberal federal appeals court; Whose side are you on?" The current issue of SF Weekly contains an article that asks, "Are you an apologist for the 9th Circuit? Take our quiz and find out!"
Posted at 03:40 PM by Howard Bashman



"SJC hears child's right to die case": The Republican of Springfield, Massachusetts contains this article today.

The Boston Globe reports today that "SJC hears plea to keep girl on life support."

And today's broadcast of NPR's "Morning Edition" contained a segment entitled "Legal Battle Looms over Girl on Life Support" (RealPlayer required).
Posted at 03:30 PM by Howard Bashman




"Schiavo forms watchdog PAC; The political action committee will inform voters where politicians stand on end of life issues and promote living wills": This article appears today in The St. Petersburg Times.
Posted at 03:24 PM by Howard Bashman



"Al-Arian Verdict Deals a Blow To U.S. Anti-Terror Campaign": Josh Gerstein has this article today in The New York Sun.

The New York Times reports today that "Not Guilty Verdicts in Florida Terror Trial Are Setback for U.S."

The Washington Post contains a front page article headlined "Fla. Professor Is Acquitted in Case Seen as Patriot Act Test."

The Los Angeles Times reports that "Ex-Professor Acquitted in Patriot Act Test Case."

The Orlando Sentinel reports that "Al-Arian acquitted on 8 terror counts; Trial tests power of Patriot Act after 9-11."

The St. Petersburg Times today contains articles headlined "8 times, Al-Arian hears 'Not guilty'; The former USF professor and his co-defendants relieved after long, complicated case; Jurors can't decide many counts; 'Evidence making these guys terrorists just wasn't there'"; "Verdicts elicit mixed reactions on USF campus"; "As jurors debated verdict, tensions, pressure grew"; and "For family, affirmation has a cost; Sami Al-Arian promised his wife in their early days that their lives might be hard; On Tuesday, it seemed worth it."

The Tampa Tribune contains articles headlined "No Guilty Verdicts In Al-Arian Trial"; "Even With Acquittal, Al-Arian Unlikely To Return To USF"; and "Muslims Express Pride In Justice System."

And today's broadcast of NPR's "Morning Edition" contained a segment entitled "Jury Partially Acquits Professor in Florida Terror Trial" (RealPlayer required).
Posted at 03:05 PM by Howard Bashman




"Jurors Might See All 9/11 Victims' Photos; With Relatives' Testimony, Moussaoui Prosecutors Want to Describe Lives of 45": This article appears today in The Washington Post. The article describes a motion that the federal government filed yesterday in the U.S. District Court for the Eastern District of Virginia.
Posted at 02:55 PM by Howard Bashman



"Detainee's Lawyer Says Captors Foment Mistrust": Neil A. Lewis has this article today in The New York Times. The detainee in question is Salim Ahmed Hamdan, whose case is pending on the merits before the U.S. Supreme Court.
Posted at 02:54 PM by Howard Bashman



"State high court rejects killer's bid to practice law": The Arizona Republic provides a news update that begins, "James Hamm, the convicted murderer who earned a law degree, was denied the right to practice law when the Arizona Supreme Court issued a ruling Wednesday that he had failed to prove he was of good moral character."

And The Associated Press reports that "Murderer Denied Admission to Bar in Ariz."

You can access today's ruling of the Supreme Court of Arizona at this link.
Posted at 02:42 PM by Howard Bashman




"Court Weighs Juries' Death Penalty Decisions": The Associated Press provides this news update.
Posted at 02:40 PM by Howard Bashman



"Marquette suspends dental student for blog comments; Disciplinary panel says he violated conduct code, but ruling is being appealed": This article appeared yesterday in The Milwaukee Journal Sentinel.

The Marquette Tribune yesterday reported that "Student suspended for blog posts; His lawyer says an appeal has been filed."

And Inside Higher Ed provides a report titled "Dental Pain at Marquette."
Posted at 12:14 PM by Howard Bashman




Three-judge Eighth Circuit panel divides over appropriate remedy after jury in federal civil rights suit involving claim for the use of excessive force during pretrial detention awards plaintiff $75,000 in "nominal damages": The disagreement between the majority and the dissenter in today's ruling centers around whether the trial court appropriately reduced the award to $1 or whether a new trial should have been granted.
Posted at 12:04 PM by Howard Bashman



"North Dakota's narrowly tailored do-not-call statute significantly furthers the state's interest in residential privacy. The Act does not substantially limit charitable solicitations and is not unconstitutionally overbroad." A divided three-judge panel of the U.S. Court of Appeals for the Eighth Circuit reaches that conclusion in a decision issued today. Today's decision overturns a district court ruling that struck-down a portion of North Dakota's do-not-call statute as a content-based regulation that failed strict scrutiny.
Posted at 11:50 AM by Howard Bashman



Pulitzer-Prize winning historian David J. Garrow reviews Law Professor Jack M. Balkin's new book, "What Roe v. Wade Should Have Said: America's Top Legal Experts Rewrite America's Most Controversial Decision." Garrow's review appears in the Autumn 2005 issue of The Green Bag, and you can access the review online at this link.
Posted at 11:10 AM by Howard Bashman



In news and commentary from Pennsylvania: The Pittsburgh Tribune-Review today reports that "Judges sue to reinstate pay raises."

The Pittsburgh Post-Gazette reports today that "Another judge sues over repealed raise."

And The Philadelphia Daily News today contains an editorial entitled "Judge Dread."
Posted at 10:55 AM by Howard Bashman




The Associated Press is reporting: Gina Holland reports that "Supreme Court Rules in Student Loan Case."

And in other news, "Court Weighs Juries' Death Penalty Decisions."
Posted at 10:50 AM by Howard Bashman




Today's U.S. Supreme Court opinions in argued cases: At "SCOTUSblog," Lyle Denniston has a post titled "Court allows student loan offset, rules on lawyer fees."

Today's rulings came in the cases of Lockhart v. United States, No. 04-881 (oral argument transcript here; case background here), and Martin v. Franklin Capital Corp., No. 04-1140 (oral argument transcript here; case background here).
Posted at 10:00 AM by Howard Bashman




"Hoax Case Turned On Court Docket; Police Compared Bomb Calls, Case Lists": The Hartford Courant today contains an article that begins, "Javier Rodriguez didn't want to drive to Superior Court in Danielson last Friday morning - his driver's license had been suspended. And he had already been convicted five times of failing to appear in court. So instead of risking another arrest, he told police, he called in a series of bomb threats."

I previously collected press coverage of last Friday's bomb threat-related closure of Connecticut's judicial system at this link.
Posted at 09:44 AM by Howard Bashman




"Court sympathetic to recruiters; Justices are skeptical of the arguments law schools use to bar the military members": This article appears today in The Sacramento Bee.

And The Newark (N.J.) Star-Ledger reports today that "Justices question colleges' ban on military recruiters; Universities see anti-gay bias."
Posted at 09:42 AM by Howard Bashman




"Michael Schiavo joins the fray; Terri Schiavo's husband starts a PAC devoted to defeating the Bible-thumping politicians who used his comatose wife as a football": Michael Scherer has this report today at Salon.com.
Posted at 09:40 AM by Howard Bashman



"Death penalty up for debate; Arguments before the Supreme Court on the Kansas law will focus on states' rights and other issues": This article appears today in The Wichita Eagle.

The Kansas City Star today contains an article headlined "All eyes of court today on Kansas; Death penalty case to be heard."

And in The Denver Post, columnist Al Knight has an op-ed entitled "Death penalty under fire."
Posted at 09:30 AM by Howard Bashman




Available online from National Public Radio: Yesterday evening's broadcast of "All Things Considered" contained a segment entitled "High Court Weighs On-Campus Military Recruitment" featuring Nina Totenberg.

And yesterday's broadcast of "Talk of the Nation" contained a segment entitled "Supreme Court Hears Recruiting Case" featuring David G. Savage.

RealPlayer is required to launch these audio segments.
Posted at 07:25 AM by Howard Bashman




"N.Y. Court Ruling Raises Hopes on Eminent Domain": The New York Sun today contains an article that begins, "Property owners angered by the Supreme Court's decision this year that the government can seize their homes and businesses received a psychological boost when a federal appeals court ruled that a New York village had overstepped its eminent domain authority."

Monday's ruling of the U.S. Court of Appeals for the Second Circuit can be accessed here.
Posted at 07:20 AM by Howard Bashman




"Group Opposed to Nominee Rallies Its Hollywood People": This article appears today in The New York Times.

The Washington Times reports today that "Alito ads stirring little interest."

And The Lincoln (Neb.) Journal Star reports that "Alito deserves appointment, attorney says."
Posted at 07:10 AM by Howard Bashman




Available online from law.com: Tony Mauro reports that "High Court Leans Towards Upholding Military Recruiters' Access to Law Schools."

And in other news, "Conn. Justices Knock Snow-Tubing Waiver Off Course; Liability for ski resort's own negligence can't be summarily signed away."
Posted at 07:05 AM by Howard Bashman




"Why Did the Fourth Circuit Suggest it Might Vacate its Decision In the Case of Alleged Dirty Bomb Conspirator Jose Padilla?" Jennifer Van Bergen has this essay online today at FindLaw.
Posted at 07:04 AM by Howard Bashman



"Supreme Court Weighs Military's Access to Law Schools": Linda Greenhouse has this article today in The New York Times.

David G. Savage of The Los Angeles Times reports today that "Military Recruiting Bans Seem Doomed; The high court frowns on law schools' claims that free speech and gay rights would be violated."

Jan Crawford Greenburg of The Chicago Tribune reports that "Justices lean to recruiter access; Schools' objections based on 'don't ask' seem a hard sell."

Joan Biskupic of USA Today reports that "Pentagon's case gets sympathies."

Michael McGough of The Pittsburgh Post-Gazette reports that "Supreme Court justices skeptical on recruiting ban; Law schools resist military on gays."

Allen Pusey of The Dallas Morning News reports that "Justices frown on barring military recruiting on campus; Ban on gays is contrary to anti-bias policies, law schools tell high court."

The Houston Chronicle reports that "High court appears to back campus military recruiters; It's the first major gay-rights issue heard by the justices since the 2003 Texas case."

The Boston Globe reports that "High court hears campus recruiting case; Schools want right to bar the military over stance on gays."

The Daily Record of Parsippany, New Jersey reports that "Morris lawyer bolstered case for military recruiters; Dispute could decide future of activities on college campuses."

The Harvard Crimson contains articles headlined "Court Seems Ready To Uphold Solomon Law; Justices slam schools' free speech claims; only Souter is likely to vote for FAIR"; "HLS Students Predict Loss for FAIR; Listening to audio recording, crowd at Harkness gauges that free speech claims failed"; and "Protesters Clash Outside High Court; GodHatesFags.com faces off against gay rights groups on courthouse steps."

The Yale Daily News reports that "Supreme Court hears JAG arguments."

The Columbia Spectator reports that "Supreme Court Hears Solomon Amendment Case."

And The Daily Pennsylvanian reports that "Military recruiting law fiercely argued at Supreme Court; Solomon Amendment continues to incite university responses."
Posted at 06:40 AM by Howard Bashman



Tuesday, December 06, 2005


"Supreme Court Hears Recruitment Case": This segment (transcript with link to audio) featuring Jan Crawford Greenburg appeared on this evening's broadcast of the PBS program "The NewsHour with Jim Lehrer."
Posted at 09:22 PM by Howard Bashman



"Striking Down the Solomon Amendment on Military Recruiting: A Hollow Victory at the Expense of Our Military." You can access at this link my op-ed published in January 2005 in The Chronicle of Higher Education.
Posted at 09:15 PM by Howard Bashman



"Law Schools Against Free Speech: The Supreme Court considers military recruitment on campus." Dahlia Lithwick has this Supreme Court dispatch online at Slate. Her essay concludes, "You want the truth? You can't handle the truth. The law schools have no case."
Posted at 09:08 PM by Howard Bashman



"High Court Hears Case on Military Recruiting on Campus": Charles Lane will have this article Wednesday in The Washington Post.
Posted at 09:04 PM by Howard Bashman



The Associated Press is reporting: In news from Pennsylvania, "Lawyer Jailed Since 1995 on Contempt Charge" (thanks in part to Judge Alito, no less!) and "Second Judge Challenges Pay-Raise Repeal."

Meanwhile, in news from Tampa, Florida, "Ex-Professor Cleared on Some Terror Charges."
Posted at 08:30 PM by Howard Bashman




But if the unarmed suspect had cancer, then the police wouldn't have violated the Fourth Amendment by shooting him dead: A reader emails:
In today's First Circuit opinion of Whitfield v. Melendez-Rivera, the First Circuit quotes the seminal Supreme Court excessive force case, Tennessee v. Garner, 471 U.S. 1 (1985), for the proposition that "A police officer may not seize an unarmed, noncancerous suspect by shooting him dead." See slip op. at 15.

Of course, it's supposed to read "nondangerous"

The typo appears here. And the Supreme Court's ruling in Tennessee v. Garner is here.
Posted at 07:10 PM by Howard Bashman



"Administration objects to story describing Alito as conservative": Ron Hutcheson of Knight Ridder Newspapers provides this report.
Posted at 07:02 PM by Howard Bashman



"Justices Skeptical of Free Speech Argument in Solomon Case; Statement by FAIR lawyer may have dealt blow to gay rights activists": Daniel J. Hemel has this news update online at The Harvard Crimson.
Posted at 07:00 PM by Howard Bashman



"Review of cases shows Alito to be staunch conservative": Stephen Henderson of Knight Ridder Newspapers appeared on yesterday's broadcast of C-SPAN's "Washington Journal" to discuss his recent article, co-written with Howard Mintz, headlined "Review of cases shows Alito to be staunch conservative." You can access the video by clicking here (RealPlayer required).

This morning's broadcast of "Washington Journal" offered a counterpoint in a segment (RealPlayer required) entitled "Rachel Brand, Asst. Atty. Gen., Office for Legal Policy."
Posted at 05:23 PM by Howard Bashman




"Man Held In Court Bomb Threats; Willimantic Resident Faces Terrorism Charges": The Hartford Courant today contains an article that begins, "A Willimantic man who police said emptied judicial buildings across the state Friday by calling in a series of bomb threats from a pay phone to avoid a court appearance was arrested on terrorism charges Monday."

And The Associated Press reports that "Conn. Man Wanted to Avoid Court Appearance."
Posted at 04:48 PM by Howard Bashman




"Court Debates Allowing Domino's Suit": The Associated Press provides a report that begins, "In a case that could affect lawsuits alleging discrimination in contracting, a Nevada businessman urged the Supreme Court Tuesday to let him sue Domino's Pizza for racial discrimination even though the chain did not have a contract with him individually."
Posted at 04:42 PM by Howard Bashman



"The Snow Man: This Christmas, conservatives try to escape the Ghost of Alito's Past." Bruce Reed has this post at Slate's "The Has-Been."
Posted at 04:40 PM by Howard Bashman



"Military Gets U.S. High Court Support on Recruiting": Bloomberg News provides this report.
Posted at 04:32 PM by Howard Bashman



"Supreme Court Appears Amenable to Military Recruiting at Colleges": David G. Savage of The Los Angeles Times provides this news update.
Posted at 04:24 PM by Howard Bashman



"Supreme Court Leans Towards Upholding Solomon Amendment": law.com's Tony Mauro provides this news update.
Posted at 04:22 PM by Howard Bashman



"Slate's Jurisprudence: Challenging 'Don't Ask, Don't Tell.'" This segment (RealPlayer required) featuring Dahlia Lithwick appeared on today's broadcast of NPR's "Day to Day."
Posted at 04:18 PM by Howard Bashman



"This case displays a dark side of our nation's policy in favor of arbitration." The U.S. Court of Appeals for the Ninth Circuit today confronted a case in which an employer required its employees to agree to arbitrate employment-related claims, then refused to arbitrate claims filed by a dismissed employee, and then demanded arbitration after the employee sued the employer in court. In today's ruling, the Ninth Circuit held that "when an employer enters into an arbitration agreement with its employees, it must itself participate in properly initiated arbitration proceedings or forego its right to compel arbitration."
Posted at 03:33 PM by Howard Bashman



The Associated Press is reporting: Now available online are articles headlined "FTC Can't Regulate Lawyers, Court Rules"; "Moussaoui Prosecutors Ask to Limit Testimony"; and "Clemency for Death Row Inmates Rare."
Posted at 03:20 PM by Howard Bashman



"Gay rights and military recruiting clash in court; Supreme Court hears arguments over recruiters' access to law schools": Tom Curry, national affairs writer for MSNBC, provides this report.
Posted at 03:10 PM by Howard Bashman



"Supreme Court Oral Argument: Rumsfeld v. Forum for Academic & Institutional Rights." C-SPAN has made this morning's oral argument available online, on demand at this link (RealPlayer required).

The latest update from Gina Holland of The Associated Press is headlined "Justices Hear Military Recruiting Case," and it begins, "The Supreme Court appeared ready Tuesday to uphold a law that says colleges cannot turn away military recruiters in protest of the Pentagon's policy on gays if the universities also want to receive federal money."

James Vicini of Reuters reports that "Most Supreme Court justices back campus recruiting."

And at "SCOTUSblog," Lyle Denniston has a post titled "Solomon Amendment likely to survive."
Posted at 02:40 PM by Howard Bashman




"Court Hears Case of Recruiters on Campuses": Gina Holland of The Associated Press provides this updated report.
Posted at 11:20 AM by Howard Bashman



C-SPAN in just a moment will begin its rebroadcast of this morning's U.S. Supreme Court oral argument in Rumsfeld v. FAIR, the Solomon Amendment case: You can view in either RealPlayer or Windows Media formats.
Posted at 11:18 AM by Howard Bashman



"Endangering Roe: There are many -- and subtle -- clues to an Alito court in Ayotte v. Planned Parenthood." Scott Lemieux has this essay online at The American Prospect.
Posted at 10:54 AM by Howard Bashman



"Non-Recusal Non-Issue": Law Professor Jonathan H. Adler has this post at National Review Online's "Bench Memos" blog.
Posted at 10:24 AM by Howard Bashman



Unanimous two-judge* D.C. Circuit panel affirms declaratory judgment holding that Federal Trade Commission exceeded the FTC's statutory authority in deciding that attorneys engaged in the practice of law are covered by the Gramm-Leach-Bliley Act: At issue in the case was whether Congress in the privacy provisions of the Act enabled the FTC to regulate the practice of law. You can access today's ruling at this link (beware of footnote 3).

*Then-Circuit Judge John G. Roberts, Jr. was originally a member of the panel but recused after being nominated to the U.S. Supreme Court because plaintiff-appellee American Bar Association evaluates the qualifications of Supreme Court nominees.
Posted at 10:15 AM by Howard Bashman




Today's U.S. Supreme Court opinion in an argued case: Today's ruling comes in the case of Wagnon v. Prairie Band Potawatomi Nation, No. 04-631 (oral argument transcript here; background on the case here).

Online at "SCOTUSblog," Lyle Denniston has a post titled "Court upholds tax on Indian sales."
Posted at 10:00 AM by Howard Bashman




"Judge files suit to restore pay hikes; Albert W. Sheppard of Philadelphia argued that last month's repeal by the legislature was 'arbitrary and capricious'": This article appears today in The Philadelphia Inquirer.
Posted at 09:58 AM by Howard Bashman



"High Court to Weigh Military Recruitment at Universities": This segment (RealPlayer required) featuring Nina Totenberg appeared on today's broadcast of NPR's "Morning Edition."

Yesterday's broadcast of the public radio program "Here & Now" included a segment entitled "Military Recruitment Case Reaches Supreme Court" (RealPlayer required).

The Sacramento Bee today contains an article headlined "Law schools vs. military at Supreme Court today; Some campuses had banned recruiters over anti-gay policy of armed services."

And Gina Holland of The Associated Press reports that "Court to Weigh Recruiters on Campuses."

Shortly after 11 a.m. eastern time this morning, C-SPAN will broadcast the audio of this morning's U.S. Supreme Court oral argument in this case.
Posted at 09:48 AM by Howard Bashman




"Dover ruling could be its own genesis; Legal observers say the judge can take one of three paths in the intelligent design case": This article appears today in The Chicago Tribune.
Posted at 09:44 AM by Howard Bashman



"Court to Rule on What Constitutes Employer Retaliation": Linda Greenhouse has this article today in The New York Times.

And yesterday in The Washington Post, Charles Lane's "Full Court Press" column was headlined "Suing for a Slice of Domino's."
Posted at 07:20 AM by Howard Bashman




"High court clears way for Hells Angels suit; Biker gang to sue over property destruction, dogs' killings": Bob Egelko has this article today in The San Francisco Chronicle.
Posted at 07:18 AM by Howard Bashman



"Lockyer Asks Justices to Rein In 9th Circuit Court": David G. Savage of The Los Angeles Times has this article today.
Posted at 07:15 AM by Howard Bashman



"Alito's policy on recusals is questioned; As judge, he was 'present' in case he helped prosecute": This article appears today in The Boston Globe.

The Washington Times reports that "Conservatives air ads praising Alito."

The Rocky Mountain News reports that "Focus on the Family takes shot at Salazar; Newspaper ads today center on nomination of Alito to high court."

And The Chicago Sun-Times reports that "Gov's not wild about Alito."

In commentary, columnist E.J. Dionne Jr. has an op-ed entitled "Dodging Debate On Alito" in The Washington Post.

In The Boston Globe, columnist Peter S. Canellos has an op-ed entitled "For foes of Roe v. Wade, Alito's fuzziness comforts."

And in The Washington Times, Bruce Fein has an op-ed entitled "Winning the battle, losing the war?"
Posted at 07:10 AM by Howard Bashman




"Court weighs whether funds can be cut for schools that limit military recruiting; Schools protest 'Don't ask, don't tell'": Joan Biskupic has this article today in USA Today.

The New York Sun reports today that "Military Recruitment Case Heads to High Court."

Bloomberg News reports that "Military Recruiting, Academic Freedom Clash at U.S. High Court."

In The Harvard Crimson today, Daniel J. Hemel reports that "Court To Hear Solomon Appeal; Case before high court today poses quandary."

The Vanderbilt Hustler reports that "Supreme Court to decide fate of military recruiting."

And The Daily Tar Heel reports that "Military practice at heart of case; Gay students fight recruiting." The newspaper also contains an editorial entitled "Stop the squabble: Though the Supreme Court should recognize the government's right to withhold funding, the federal government should be bigger than that."

In other commentary, The Washington Post contains an editorial entitled "UnFAIR but Not Illegal."

In The Austin American-Statesman, Texas Attorney General Greg Abbott has an op-ed entitled "Military recruiters have right to be on campus."

And in The Minnesota Daily, Ian Maitland has an op-ed entitled "Freedom and the Solomon Amendment: The law schools are learning the hard way of the downside of getting what they wished for; Maybe they'll think twice about giving away powers."
Posted at 06:50 AM by Howard Bashman



Monday, December 05, 2005


"Ads Portray Nominee as Protector of Christmas": Tuesday's edition of The New York Times will contain this article.

And in Tuesday's edition of The Hill, U.S. Senator Orrin G. Hatch (R-UT) will have an op-ed entitled "This is a confirmation, not a Senate election," while U.S. Senator Patrick Leahy (D-VT) will have an op-ed entitled "Senate as a full partner, not a rubber stamp."
Posted at 10:00 PM by Howard Bashman




"Law Schools, Military Battle Over Recruiting": This article (free access) will appear Tuesday in The Wall Street Journal.
Posted at 09:54 PM by Howard Bashman



John G. Roberts, Jr. bobblehead doll sells at auction on eBay for $203.50: Details here.
Posted at 09:50 PM by Howard Bashman



"Getting to Yes: Why Alito needs to talk to us about the war on terror." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 08:44 PM by Howard Bashman



"High Court to Hear Military Recruitment Case": FOXNews.com provides this report.
Posted at 07:54 PM by Howard Bashman



"Judge Easterbrook and the Winter Lecture": Will Baude provides quotes at "Crescat Sententia."
Posted at 07:34 PM by Howard Bashman



Reuters is reporting: Now available online are articles headlined "Court to review law limiting insanity defense"; "US court to decide workplace retaliatory bias case"; and "Court asks US govt. views in state banking case."
Posted at 05:50 PM by Howard Bashman



"Kennedy Questions Alito's Vanguard Answers": Jesse J. Holland of The Associated Press provides this report. Update: You can access here the text of the letter that U.S. Senator Edward M. Kennedy (D-MA) sent today to Third Circuit Judge Samuel A. Alito, Jr.
Posted at 05:48 PM by Howard Bashman



"High Court to Probe Ariz. Insanity Defense": Gina Holland of The Associated Press provides this report.
Posted at 05:20 PM by Howard Bashman



C-SPAN's Q&A with Justice Stephen G. Breyer: Justice Breyer appeared on last night's broadcast. You can view the program online by clicking here (RealPlayer required), while a transcript of the interview is available at this link.
Posted at 04:35 PM by Howard Bashman



"The Power of the Purse: Can Congress Use it to Control Speech?" Today's broadcast of NPR's "Justice Talking" can be accessed both here (Windows Media) and here (mp3).
Posted at 04:28 PM by Howard Bashman



The new guy is worth less? Although my efforts to find out more about the John G. Roberts, Jr. bobblehead doll offered for sale at auction on eBay have produced little other than a disclaimer from The Green Bag, I can't help but be surprised that with fewer than six hours left in the auction the high bid remains under $60.00.
Posted at 04:14 PM by Howard Bashman



"Tactical Withdrawal? The easy way out for the Supreme Court on 'don't ask, don't tell.'" Law Professors Ariela R. Dubler and John Fabian Witt have this jurisprudence essay online today at Slate.
Posted at 04:05 PM by Howard Bashman



"Alito on Roe: It's not 'personal'; When the Supreme Court nominee said 20 years ago that there was no constitutional right to abortion, he was speaking as a student of the law, not just as a hired gun; He should acknowledge that and move on." Michael McGough has this "Intellectual Capital" essay today in The Pittsburgh Post-Gazette.
Posted at 04:00 PM by Howard Bashman



"Voters, activists put heat on judges; Interest groups, playing to voter resentment, mount TV attack ads": This article appears today in The Chicago Tribune. According to the article, "Far beyond the public rough-and-tumble politics attached to U.S. Supreme Court nominations, formerly obscure and second-tier elections for seats on state courts have become battlegrounds of culture wars, tort reform and other business cost issues, as well as contests that give voters the opportunity to act on popular cynicism and resentment toward the judiciary."
Posted at 03:54 PM by Howard Bashman



"Clash over military recruiters on campus; High court must decide if schools can discriminate against military if it discriminates against gays": Warren Richey will have this article Tuesday in The Christian Science Monitor.
Posted at 03:15 PM by Howard Bashman



"State Supreme Court justice resigns": The Rocky Mountain News provides an update that begins, "Colorado Supreme Court Justice Rebecca Love Kourlis announced this morning that she will leave the court in January."
Posted at 02:00 PM by Howard Bashman



"Supreme Court Allows Hells Angels' Lawsuit": Gina Holland of The Associated Press provides this report.
Posted at 01:45 PM by Howard Bashman



"Judge Boggs and Probable Cause": Orin Kerr has this post at "The Volokh Conspiracy."
Posted at 12:10 PM by Howard Bashman



"Court to Hear Recruitment Case": WBUR, Boston's NPR affiliate, provides this audio report (RealPlayer required) in which I am heard from several times.
Posted at 11:18 AM by Howard Bashman



"The Alito Nomination: A Nomination in Trouble." The organization People For the American Way has issued this press release today.
Posted at 11:14 AM by Howard Bashman



"Raising the Bar: Even Top Lawyers Fail California Exam; Former Stanford Law Dean Becomes Latest Victim; A Mayor Tries Four Times": The Wall Street Journal today contains a front page article (pass-through link) that begins, "Kathleen Sullivan is a noted constitutional scholar who has argued cases before the Supreme Court. Until recently, she was dean of Stanford Law School. In legal circles, she has been talked about as a potential Democratic nominee for the Supreme Court. But Ms. Sullivan recently became the latest prominent victim of California's notoriously difficult bar exam. Last month, the state sent out the results of its July test to 8,343 aspiring and already-practicing lawyers. More than half failed -- including Ms. Sullivan."
Posted at 10:44 AM by Howard Bashman



Today's U.S. Supreme Court Order List: The Order List can be viewed at this link. The Court today granted review in two cases and called for the views of the Solicitor General in two other cases.

In early press coverage, The Associated Press reports that "Court to Hear Sexual Harassment Case"; "Supreme Court to Review Insanity Defense"; and "Justices Won't Hear School Race Case."

And at "SCOTUSblog," Lyle Denniston has a post titled "Court to rule on insanity defense and Title VII."
Posted at 10:00 AM by Howard Bashman




"Lacking the Wisdom of Solomon: Law professors' misguided opposition to the Solomon Amendment." Law Professor Peter Berkowitz has this essay today at National Review Online.
Posted at 09:33 AM by Howard Bashman



"Is Roe Really That Relevant? How Roe Could Survive the Arrival of Alito." This article (free access) appears in today's issue of Legal Times.
Posted at 09:20 AM by Howard Bashman



"Abortion Battles Without Much Effect On Abortions": Stuart Taylor Jr. has this essay in today's issue of National Journal.
Posted at 09:15 AM by Howard Bashman



"Blawg Review #35": Available here, at "Infamy or Praise."
Posted at 08:05 AM by Howard Bashman



It's not every day that I give a shout-out to one of my Blogads: As this Blogad debuting today explains, today marks the start of "Cato Unbound" -- "the Cato Institute's new online monthly."

The ad states:

What if you could add three amendments to the Constitution? Nobel Laureate James Buchanan reveals his top three at Cato Unbound. Yale Law's Akhil Reed Amar, the 9th Circuit's Alex Kozinski, and Cato's William Niskanen will fire back -- and name their own picks.
To see the last time I couldn't resist mentioning one of my Blogads, click here to access my post titled "Blogads utilized to market book written by U.S. Supreme Court Justice."
Posted at 07:14 AM by Howard Bashman



"Alito assailed on '1 man, 1 vote'": This article appears today in The Washington Times.

The Arkansas News Bureau reports today that "Pryor enjoys higher profile as 'gang' member."

And The Boston Globe reports that "GOP embracing its maverick; Tough race makes Chafee an asset."

In commentary, The Hartford Courant contains an editorial entitled "Then And Now."

The Mobile Register contains an editorial entitled "Abortion assertions: Politics confuses law."

The News & Observer of Raleigh, North Carolina contains an editorial entitled "A right, necessarily."

And in The Wilmington (Del.) News Journal, Harry F. Themal has an op-ed entitled "Alito was hard on employee discrimination."
Posted at 07:00 AM by Howard Bashman




"Feds back church's bid to meet at library; Bush lawyers argue that barring worship is unconstitutional": On Saturday, Bob Egelko had this article in The San Francisco Chronicle about an appeal now pending before the U.S. Court of Appeals for the Ninth Circuit.
Posted at 06:54 AM by Howard Bashman



"What's at Stake in the Roberts Court's First Abortion Case: Surprisingly Little." FindLaw commentator Michael C. Dorf has this essay today.
Posted at 06:40 AM by Howard Bashman



"Court Could Sidestep Constitutional Claims; Justices to hear Solomon case tomorrow; First Amendment dispute might take back seat": Daniel J. Hemel has this article today in The Harvard Crimson.

And online at OpinionJournal, Gerald Walpin has an essay entitled "The Wisdom of Solomon: Law schools adopt an Orwellian theory in an effort to keep the military out."
Posted at 06:32 AM by Howard Bashman




"Former Stanford Dean Fails California Bar Exam": This post appears today at "TaxProf Blog."
Posted at 06:25 AM by Howard Bashman


Sunday, December 04, 2005


"NYC Subway Searches Upheld: A Critique of the Court's Decision." Law Professor Daniel J. Solove has this post at the blog "Concurring Opinions."
Posted at 11:50 PM by Howard Bashman



"Court Nominee Presents Father as Role Model": The New York Times on Monday will contain an article that begins, "When a Democratic senator asked the Supreme Court nominee Samuel A. Alito Jr. why he might empathize with the plight of minorities or the poor, he had his answer ready: the example of his late father, an Italian immigrant who in college once defended a black basketball player from discrimination on the team."
Posted at 11:44 PM by Howard Bashman



"High Court considers military recruiting on campus": In Monday's edition of USA Today, Joan Biskupic will have an article that begins, "The Supreme Court on Tuesday will consider whether the U.S. government may withhold funds from colleges that limit military recruiters' access to campus to protest the Pentagon's policy of barring openly gay people from serving in the armed forces."
Posted at 11:04 PM by Howard Bashman



"Assessing A Lethal Landmark In U.S.; Deep Divide Persists After 1,000 Executions": Lynne Tuohy has this article today in The Hartford Courant.
Posted at 10:15 PM by Howard Bashman



"U.S. Supreme Court to consider Kansas death penalty law this week": The Associated Press provides this report.
Posted at 10:00 PM by Howard Bashman



"Lionel Tate likely faces life in prison": The Associated Press provides a report that begins, "Lionel Tate killed a young girl when he was 12, was convicted of her murder at 13 and got a fresh start when he was released at age 16. Now, Tate faces a possible return to prison for life for allegedly robbing a delivery man at gunpoint of four pizzas worth $33.60."
Posted at 09:03 PM by Howard Bashman



"Future of Campus Military Recruiting Hangs in Balance at High Court; Justices could sidestep Constitutional claims or tackle First Amendment head-on": Daniel J. Hemel will have this article Monday in The Harvard Crimson.
Posted at 07:45 PM by Howard Bashman



"Patent sanity is pending": This editorial appears today in The Los Angeles Times.

Relatedly, the December 12, 2005 issue of Newsweek contains an article headlined "BlackBerry Smackdown: Wrangling over patents is worrying users and investors."
Posted at 05:20 PM by Howard Bashman




"Abortion politics": Columnist Jeff Jacoby has this op-ed today in The Boston Globe.
Posted at 05:15 PM by Howard Bashman



"Life & Death Arguments: The stakes are high for eight men who may face death and for Attorney General Phill Kline as he defends Kansas capital punishment this week before the nation's highest court." This article appears today in The Topeka Capital-Journal.

And The Kansas City Star today contains an article headlined "Death penalty fate is in doubt; Kansas case could be a turning point;The test coincides with slip in support."
Posted at 01:00 PM by Howard Bashman




"Colliding cultures: Law schools fight the military over gay rights." The December 12, 2005 issue of U.S. News & World Report will contain this article.

And Gina Holland of The Associated Press reports that "Court Takes Up Campus Recruitment Dispute."
Posted at 12:54 PM by Howard Bashman




"Groups gear up for Alito fight; Some begin campaigns in state, but real battle expected after holidays": This article appears today in The Milwaukee Journal-Sentinel.
Posted at 12:50 PM by Howard Bashman



"Judge apologizes for red-hot comment": Yesterday's issue of The Boston Herald contained an article that begins, "Supreme Judicial Court Chief Justice Margaret Marshall publicly apologized yesterday for making an off-the-cuff and - politically speaking, at least - off-color joke about 'red states' during a commencement speech in May."

The Boston Globe yesterday contained an article headlined "Marshall apologizes for 'red states' quip; SJC chief justice denies political cast."

And The Associated Press reports that "Mass. Justice Sorry for 'Red State' Remark."
Posted at 12:00 PM by Howard Bashman




"Don't alter juries to add black people, local judges told; High court ruling aims at Wayne Co." Yesterday's issue of The Detroit Free Press contained an article that begins, "Judges can't bring affirmative action to the jury selection process, even if the jury makeup is not representative of the community, the state Supreme Court said in a ruling issued Friday."

The rule amendment, which the Supreme Court of Michigan approved by a 4-3 vote, can be viewed at this link.
Posted at 11:50 AM by Howard Bashman




"Law center fights battles of faith; Thomas More cases range from defending intelligent design to opposing same-sex marriage": This article appears today in The Detroit News.
Posted at 09:48 AM by Howard Bashman



"Saturday Night Live TV Funhouse With John Roberts": In case you missed Robert Smigel's animated cartoon when it appeared earlier this season, you can view the cartoon at this link (QuickTime).

Meanwhile, a reliable source at The Green Bag advises that the publication isn't the origin of this bobblehead doll.
Posted at 09:34 AM by Howard Bashman




"Supreme switch: Did FDR's threat to 'pack' the court in 1937 really change the course of constitutional history?" That's the title of Christopher Shea's "Critical Faculties" column today in the Ideas section of The Boston Globe.
Posted at 08:35 AM by Howard Bashman



"Luna case's few leads keep friends frustrated; Luna case's resolution remains elusive": This article appears today in The Harrisburg Patriot-News. The article explains that "Two years ago this morning, the body of Baltimore-based federal prosecutor Jonathan Luna was found in the brook in Brecknock Twp., Lancaster County."
Posted at 08:15 AM by Howard Bashman


Saturday, December 03, 2005


"For Alito, a Tricky Question of Statements vs. Thoughts; High Court Nominee Will Be Challenged to Reconcile His Abortion Rights Memos With Judicial Stance": Charles Lane will have this news analysis Sunday in The Washington Post.
Posted at 11:35 PM by Howard Bashman



In news from Connecticut: The New York Times reports today that "Bomb Threats Force Closing of Courts in Connecticut."

The Hartford Courant reports today that "Courts Shut Down; 45 Buildings Evacuated After Bomb Threats."

The New Haven Register reports that "Menacing call to governor's office prompts closings."

The Yale Daily News reports that "New Haven courthouse evacuated after bomb threat."

The Bridgeport Post reports that "Bomb threats evacuate courthouses across state."

The New Britain Herald contains an article headlined "Courthouse bomb scare."

The Waterbury Republican-American reports that "Courts across state closed for day, but no explosives found."

The Manchester Journal Inquirer reports that "No bomb found in courthouses."

The Bristol Press reports that "Bomb scare shuts down state courts."

The Danbury News-Times contains an article headlined "Courthouse bomb threats: Connecticut evacuates 'judicial buildings,' including Danbury, after threatening calls."

The Middletown Press reports that "City officials learn of threat on TV."

The Norwich Bulletin reports that "Danielson court, Norwich City Hall will reopen Monday after bomb threat clears state buildings."

And The Torrington Register Citizen reports that "Court day ends early in Litchfield and Bantam."

At "Crime & Federalism," Connecticut lawyer Norm Pattis describes his experience in a post titled "Saved By A Bomb Threat."
Posted at 11:23 PM by Howard Bashman




"ACLU Defends Bus Rider Who Refused to Show ID": This segment (RealPlayer required) appeared on this evening's broadcast of NPR's "All Things Considered."

In related news, the case of Gilmore v. Gonzales will be argued this upcoming Thursday before a three-judge Ninth Circuit panel consisting of Senior Circuit Judges Stephen Trott and Thomas G. Nelson and Circuit Judge Richard A. Paez. Ironically, the Ninth Circuit's oral argument calendar on which the case is listed repeatedly advises that "Picture ID required to enter Courthouse." Perhaps Gilmore's attempt to attend the oral argument of his appeal will give rise to a new lawsuit.
Posted at 10:50 PM by Howard Bashman




One year ago today: On December 3, 2004, as I first noted here that day, The Baltimore Sun published an article headlined "U.S. concludes Luna's death still a puzzle; A year later, leads sought in case of U.S. prosecutor; Neither murder, suicide ruled out; Reconstruction of travels has perplexing 2-hour gap."
Posted at 10:44 PM by Howard Bashman



"Spin Paper: The Washington Post acts as a mouthpiece of the Left’s attack on Alito." Edward Whelan has this essay today at National Review Online.
Posted at 07:50 PM by Howard Bashman



"Judge Clears Way for City to Sue Gun Companies": The New York Times contains this article today.
Posted at 07:48 PM by Howard Bashman



"Court favors doctors in lesbian's suit; 3-judge panel allows use of religious beliefs in denying insemination": This article appears today in The San Diego Union-Tribune.

And The Los Angeles Times reports today that "Refusal to Treat Lesbian Upheld; Doctors say they denied insemination because woman was single, not because she was gay."

You can access yesterday's ruling of the California Court of Appeal for the Fourth Appellate District, Division One, at this link.
Posted at 07:22 PM by Howard Bashman




The Associated Press is reporting: Now available online are articles headlined "Alito Critics Cite Inconsistencies" and "Appellate panel dismisses parents suit over survey."
Posted at 07:10 PM by Howard Bashman



"Judge zaps state law on video games": The Chicago Tribune today contains an article that begins, "Dealing a defeat to Gov. Rod Blagojevich, a federal judge on Friday struck down a state law that would ban the sale of violent and sexually explicit video games to minors."

The Chicago Sun-Times reports today that "Ban on video games shot down."

The State Journal-Register of Springfield, Illinois reports that "Video game restrictions blocked; Judge throws out law curbing sales, rentals to youths."

And The Associated Press reports that "Ill. Governor to Appeal Video Game Ruling."
Posted at 02:04 PM by Howard Bashman




"Bye Bye BlackBerry?" This article appears today in The New York Times.
Posted at 02:00 PM by Howard Bashman



In Sunday's edition of The New York Times: Jonathan D. Glater will have an article headlined "Are Lawyers Being Overbilled for Their Test Preparation?"

And in other news, "Report Finds Cover-Up in an F.B.I. Terror Case."
Posted at 12:44 PM by Howard Bashman




"Nominee Says His Views on Abortion Would Not Affect His Decisions": This article appears today in The New York Times, which also contains an editorial entitled "Judge Alito and Abortion."

The Chicago Tribune today contains an article headlined "Alito says views on abortion no factor; Nominee: The roles of advocate, judge differ."

The Boston Globe contains articles headlined "Alito says abortion ruling 'embedded'; Nominee explains memo to Specter" and "A formidable questioner, Specter holds fate of nominee; Independent streak has both sides on edge."

In The Pittsburgh Post-Gazette, Michael McGough reports that "Alito seeks to ease worry over his personal views on abortion; Assures Specter any personal belief would play no role in deliberating constitutional issues."

The Philadelphia Inquirer contains articles headlined "Alito downplays personal views; With criticism of the nominee rising, Specter met with him, at White House's suggestion" and "On prisoner rights, a telling dissent; While protective of free speech, he backed prison officials in an inmate's suit for reading material."

The Newark Star-Ledger reports that "Alito downplays abortion dilemma; Judge tells Senate chairman he'll be impartial."

The Washington Times reports that "Nominee separates judicial, personal."

And in The Los Angeles Times, David G. Savage reports that "'84 Alito Memo Backed Police Who Shot Unarmed Suspect; The Supreme Court nominee wrote that killing the teen could be 'justified as reasonable'; It reinforces his image as pro-law enforcement."
Posted at 08:40 AM by Howard Bashman




"Ill. Sens Want Security Systems for Judges": The Associated Press provides a report that begins, "Illinois Democratic Sens. Dick Durbin and Barack Obama asked Attorney General Alberto Gonzales on Friday to speed up the distribution of $12 million for security systems for judges, saying they aren't getting help fast enough."
Posted at 08:25 AM by Howard Bashman


Friday, December 02, 2005


"Push to Loosen Abortion Laws In Latin America": This article will appear Saturday in The New York Times.
Posted at 11:12 PM by Howard Bashman



Available online from law.com: Tony Mauro has an article headlined "Imagining a Doomsday Scenario for the Supreme Court" that begins, "Call it coincidence, but in the same week that a big chunk of marble fell from the front facade of the Supreme Court, a heavyweight panel of thinkers convened in Washington to contemplate what would happen if all nine justices of the Supreme Court were to be killed at once."

In news from Florida, "Fla. Justices Consider Cap on Med-Mal Contingency Fees" and "Flight Attendants' Secondhand Smoke Suits Given the Go-Ahead."

And in other news, "NYC Wins Bid to Sue Gun Manufacturers Over Marketing."
Posted at 11:05 PM by Howard Bashman




"Judge faces more indecency charges as hearing is postponed": CourtTV.com provides a report that begins, "As Oklahoma prosecutors continue to pile up indecent exposure charges against a retired judge accused of masturbating on the bench, both sides will have to wait a little longer for their day in court." Click here for more background.
Posted at 10:50 PM by Howard Bashman



"Alito Distances Himself From 1985 Memos; Senator Says Nominee Drew Divide Between Expressed Views and Potential Rulings": This front page article will appear Saturday in The Washington Post.

The Los Angeles Times provides a news update headlined "Alito Says Personal Views Not a Factor."

The Chicago Tribune on Saturday will report that "Alito says personal views on abortion won't be a factor."

The Philadelphia Inquirer on Saturday will report that "Alito offers reassurance on abortion issue, Specter says."

In Saturday's edition of Financial Times, Patti Waldmeir will have an article headlined "Alito nomination to court 'not in trouble.'"

And Bloomberg News reports that "Specter Says Alito Must Show Fairness on Abortion."
Posted at 10:45 PM by Howard Bashman




"Leak Ruling Has Mystery, 8 Blank Pages": In Saturday's edition of The New York Times, Adam Liptak will have an article that begins, "There are eight blank pages in the public version of a decision the federal appeals court in Washington issued in February. The decision ordered two reporters to be jailed unless they agreed to testify before a grand jury investigating the disclosure of the identity of a C.I.A. operative, Valerie Wilson. What is in those pages is one of the enduring mysteries in the investigation. In a filing yesterday, the special prosecutor in the case, Patrick J. Fitzgerald, told the court that he had no objection to the unsealing of parts of those pages, and he gave hints about what they say."

You can view the blank pages for yourself beginning at this link.
Posted at 10:35 PM by Howard Bashman




"Shoot To Kill: Alito's blank check for cops." Emily Bazelon has this jurisprudence essay online at Slate.
Posted at 10:25 PM by Howard Bashman



"Students Work To Bring Down Alito; Harvard Law students form group that favors a progressive judiciary": The Harvard Crimson contains this article today.
Posted at 05:25 PM by Howard Bashman



"Sen. Arlen Specter (R-PA) on Supreme Court Nominee Judge Alito": C-SPAN has made the video of today's press briefing available here (RealPlayer required).
Posted at 05:20 PM by Howard Bashman



"Bomb Threat Empties Conn. Courthouses": The Associated Press provides this updated report.
Posted at 05:15 PM by Howard Bashman



By a 4-3 vote, D.C. Circuit denies rehearing en banc of decision rejecting an effort by a dozen states and cities, along with environmental groups, to have the EPA regulate greenhouse gases: Today's order, accompanied by a dissent, can be accessed here. The three-judge panel's earlier ruling is here. The New York Times reported on that decision in an article headlined "Court Says E.P.A. Can Limit Its Regulation of Emissions."
Posted at 04:33 PM by Howard Bashman



"Ruling Protects Students' Privacy; Judge lets girl's lawsuit against Garden Grove Unified proceed; She alleged bias after school officials let her mother know she was a lesbian": The Los Angeles Times contains this article today.

The Orange County Register today contains an article headlined "Judge: Gay student may sue principal; Santiago High teen allowed to pursue case against district after official told her mom about her sexual orientation."

And The Associated Press reports that "Lesbian Student Can Sue School, Judge Says."

The ruling of the U.S. District Court for the Central District of California can be viewed at this link.
Posted at 03:40 PM by Howard Bashman




"Yale Urged To Divest; Prison Company Investment At Issue": This article appears today in The Hartford Courant.

And The Yale Daily News reports today that "Groups clamor for divestment from prison company."
Posted at 02:40 PM by Howard Bashman




Lawrence Hurley of The Daily Journal of California is reporting: In today's newspaper, he has articles headlined "Forthright Alito Gives Liberals More To Protest; Candor Seeds Senate With More Material Than Demure Roberts" and "Congress Puts Habeas Corpus Itself on Trial; Would Change Curb Rights or Provide Necessary Reform?"
Posted at 02:30 PM by Howard Bashman



"An Anonymous Blogger Preps for the Big Time; Lively Postings and Plum Press Mentions Have Delivered Fans, Detractors and Opportunity": The ABA Journal eReport provides an article that begins, "What began as a Web log to help deal with insomnia and stay in touch with friends now gets more than 100 comments a day. Its author, a 27-year-old New York City law firm associate, fears the notoriety could get her fired."
Posted at 02:00 PM by Howard Bashman



The Associated Press is reporting: Now available online are articles headlined "Alito Assures Specter on Abortion Views" and "Bomb Threat Empties Conn. Courthouses."
Posted at 01:10 PM by Howard Bashman



"Penn drops complaint over sex photo; A student took a picture of a couple's dorm-window dalliances and posted it online; A professor backed his free-speech case": This article appears today in The Philadelphia Inquirer.

And The Daily Pennsylvanian today contains articles headlined "Photographer escapes charges; Penn backs away from case against junior who photographed sex scene in window of Hamilton"; "Media attention pressured officials to dismiss charges"; and "Shadows of the 'water buffalo'; Recent controversy reminiscent of 1993 free-speech debate." The newspaper also contains an editorial entitled "Belated reprieve."
Posted at 12:20 PM by Howard Bashman




"Nigro's ouster as jurist may be short-lived": Columnist Gar Joseph has this essay today in The Philadelphia Daily News.
Posted at 10:22 AM by Howard Bashman



Putting a number on probable cause: In an opinion concurring in the judgment issued today, Sixth Circuit Chief Judge Danny J. Boggs writes that a less than fifty-percent chance that evidence will be present does not defeat probable cause. Rather, in his view, probable cause can exist so long as there is more than a five- to ten-percent chance that evidence will be present in the place to be searched.
Posted at 10:15 AM by Howard Bashman



"Lawyer In National Spotlight: New Haven Attorney For Padilla Sees A Cause Behind The Case." This article appears today in The Hartford Courant.
Posted at 10:14 AM by Howard Bashman



In today's edition of The Washington Post: The newspaper contains front page articles headlined "More in U.S. Expressing Doubts About Death Penalty" and "Justice Staff Saw Texas Districting As Illegal; Voting Rights Finding On Map Pushed by DeLay Was Overruled." A U.S. Department of Justice memo discussed in the Texas redistricting article can be viewed here.

Meanwhile, in business news, "Fearful Messagers Cross Their Thumbs." And business columnist Steven Pearlstein has an essay entitled "Big Firms Caught With Their Patents Down."
Posted at 10:00 AM by Howard Bashman




"While You Were Sleeping": Mark Fiore has this animated cartoon about, among other things, the U.S. House of Representatives' current effort to split the Ninth Circuit.
Posted at 09:44 AM by Howard Bashman



"Linking to Seventh Circuit Opinions": Linking to opinions online at a federal appellate court's website is easy, right? In most instances, yes; but not when it comes to the U.S. Court of Appeals for the Seventh Circuit. Mike at "Crime & Federalism" provides these detailed instructions concerning how to provide a dependable link to that court's opinions. My earlier coverage is here and here.
Posted at 07:30 AM by Howard Bashman



"Call a strike, grant a writ: glimpses of Alito": Today in The Yale Daily News, Andrew Mangino has an interesting op-ed that begins, "I woke up this past Halloween morning to learn that President Bush had nominated my seventh grade little league coach to the Supreme Court. The man who once asked me between innings whether I would pitch or play right field could become the man who may soon tell all of America's women whether or not they have the right to an abortion."
Posted at 07:15 AM by Howard Bashman



In today's edition of The New York Times: In news from California, Adam Liptak reports that "After 24 Years on Death Row, Clemency Is Killer's Final Appeal."

In other news from California, "Openly Gay Student's Lawsuit Over Privacy Will Proceed."

And an article reports that "Summoned for Jury Duty, President Sends His Regrets."
Posted at 07:10 AM by Howard Bashman




"Lull creates headache for White House; Alito's opponents are using weeks before Jan. hearing to try to sway opinion against Supreme Court nominee": Julie Hirschfeld Davis has this article today in The Baltimore Sun.

The New York Sun reports today that "Ex-Solicitor General Defends Judge Alito, Assails Democrats."

The Boston Globe reports that "Top Democrats question Alito's credibility; Say his responses on abortion, funds show lack of candor."

The Washington Times reports that "Abortion issue heats debate on Alito nomination."

The Newark Star-Ledger reports that "Alito joins ruling on privacy rights; Suit challenging school survey is dismissed."

The Miami Herald reports that "Alito backed Florida in '70s murder case; In 1982, Supreme Court nominee Samuel Alito wrote a brief siding with the state of Florida in an appeal; Florida won the right to retry a man for a 1974 murder, but the retrial never took place."

The Lawrence (Kan.) Journal-World contains an article headlined "Kline: Alito likely to be key in death penalty case."

And Newsday reports that "Green groups to oppose Alito nomination."

In commentary, USA Today contains an editorial entitled "On abortion, would nominee put personal views aside?"

And in The Hartford Courant, Angus Dwyer and Rebecca Bolin have an op-ed entitled "What Yale's Silence Says."
Posted at 07:00 AM by Howard Bashman




"Abortion reargued": This editorial appears today in The Boston Globe.

And today's edition of The Allentown Morning Call contains an editorial entitled "High court should return abortion case to lower court to protect teens' health."
Posted at 06:55 AM by Howard Bashman




Available online from law.com: In news from the Eleventh Circuit, "As Appeals Pour In, Judges Spar Over Federal Guidelines."

An article reports that "3rd Circuit Upholds Subpoena of Lawyer Consulted on Crime Cover-Up; Crime-fraud exception to attorney-client privilege found to apply."

And Shannon P. Duffy has an article headlined "Sexual-Harassment Defense May Be Weaker Than Thought; U.S. District judge rules that policy's effectiveness is an issue for jury to decide."
Posted at 06:50 AM by Howard Bashman




"Security for judges in limbo; Dispute ties up $12 million meant to protect homes": The Chicago Tribune today contains an article that begins, "A dispute between federal judges and the U.S. Marshals Service over who will pay monthly service fees for home security systems in judges' homes has helped stall nationwide installation of the devices."
Posted at 06:45 AM by Howard Bashman



"Justice Scalia's Thoughts, And A Few Of My Own, on New York Times v. Sullivan": FindLaw commentator John W. Dean has this essay today.
Posted at 06:35 AM by Howard Bashman


Thursday, December 01, 2005


"Appeals Court Balks at Approving Padilla Plan": The Washington Post contains this article today.

Today in The New York Times, Neil A. Lewis reports that "Terror Trial Hits Obstacle, Unexpectedly."

The Washington Times reports that "Court seeks details of Padilla charges."

And The Richmond Times-Dispatch reports that "Judges want more Padilla arguments."
Posted at 10:40 PM by Howard Bashman




"After Memo, Democrats Are Taking Firmer Stance Against Alito Nomination": This article will appear Friday in The New York Times.
Posted at 10:35 PM by Howard Bashman



The french fries, the hapless toad, the bald spot -- now you can stop asking me when the Chief Justice John G. Roberts, Jr. bobblehead doll will come into existence: Even better, it's up for auction here at eBay. My crack "How Appealing" staff -- which recently performed "investigative journalism" (start here and scroll down) into the A3G/David Lat matter -- is hard at work determining the doll's source and to whom, when, and why it was originally distributed.
Posted at 10:28 PM by Howard Bashman



On this evening's broadcast of NPR's "All Things Considered": The broadcast contained segments entitled "Options for Crips Founder on Death Row Dwindle" and "Bloggers Creating Networks" (RealPlayer required).
Posted at 10:15 PM by Howard Bashman



"Newly Released Papers Energize Alito's Critics; Credibility Questions Are Raised Anew": Friday's edition of The Washington Post will contain this article.
Posted at 10:12 PM by Howard Bashman



"Alito Documents Shed Light on Nominee": This segment (transcript with link to audio) appeared on this evening's broadcast of the PBS program "The NewsHour with Jim Lehrer."
Posted at 10:00 PM by Howard Bashman



"University drops all charges against photographer; Despite backing down, school still condemns dissemination of nude photos": The Daily Pennsylvanian provides this news update.
Posted at 09:54 PM by Howard Bashman



"Review of cases shows Alito to be staunch conservative": Stephen Henderson and Howard Mintz of Knight Ridder Newspapers provide this report.
Posted at 09:04 PM by Howard Bashman



The Associated Press is reporting: Now available online are articles headlined "Alito Once a Defendant in Crash Lawsuit" and "RIM Makes Progress in BlackBerry Battle."
Posted at 07:58 PM by Howard Bashman



"Schumer Asks Alito for More Abortion Info": The Associated Press provides this report.
Posted at 05:54 PM by Howard Bashman



"South African Court Rules for Same-Sex Marriage": The Washington Post provides this news update.

And The New York Times provides a news update headlined "South Africa's High Court Rules in Favor of Gay Marriage."
Posted at 05:48 PM by Howard Bashman




"Second Circuit upholds sentencing based on acquitted conduct": At his "Sentencing Law and Policy" blog, Law Professor Doug Berman has this interesting post about a decision that the U.S. Court of Appeals for the Second Circuit issued today.
Posted at 05:20 PM by Howard Bashman



"Sen. Specter to Question Judge Alito on One Person, One Vote and Shaw v. Reno; What Other Election Law Questions Should Be Asked?" Law Professor Rick Hasen has this post at his "Election Law" blog. The first comment to Rick's post contains the question that Pennsylvania's senior U.S. Senator is least likely to ask.
Posted at 05:05 PM by Howard Bashman



"Federal agents raid Fieger office": The Detroit Free Press provides a news update that begins, "Federal agents raided the law office of Geoffrey Fieger late Wednesday looking for evidence that he laundered $35,000 in campaign contributions to the John Edwards 2004 presidential campaign through his employees."
Posted at 04:58 PM by Howard Bashman



"Coffee shop's name gets bucked from business; Judge rules that Sambuck's infringes on the Starbucks trademark; business must change name": From Oregon, The Daily Astorian today contains an article that begins, "Astoria business owner Sam Buck must change the name of the downtown coffee shop she dubbed after herself, a federal district judge ruled Tuesday."
Posted at 04:35 PM by Howard Bashman



"Appeals court upholds contempt order against court reporter": The Rocky Mountain News provides an update that begins, "The Colorado Court of Appeals has upheld a decision last year to hold a court reporter in contempt for refusing to complete trial transcripts in 10 criminal cases because she was sick from chemotherapy treatments. The court said Valeri Barnes, a former court reporter for Arapahoe District Court, 'placed herself in the position of a witness whose services are essential to ensure fair judicial proceedings' and upheld a judge's earlier decision that Barnes must complete the transcripts or risk going to jail." Today's ruling of the Colorado Court of Appeals can be accessed here.

In slightly earlier coverage of this matter, today's edition of The Denver Post contains an article headlined "Transcripts ruled enough to continue cases after 2 years."
Posted at 03:30 PM by Howard Bashman




Amendments to the Federal Rules of Appellate Procedure take effect today: The amendments are here, while the announcement is here. Thanks to one of these amendments, the Reply Brief for Appellants/Response Brief for Cross-Appellees that I will be filing in approximately 70 days from now will bear yellow covers, instead of red covers (which had been the Third Circuit's earlier practice).

I previewed many of these rule changes in my monthly appellate column from January 2004 (note that proposed FRAP 32.1 was temporarily derailed and thus doesn't go into effect quite yet). And let me applaud the amendments effective today for resolving, in the correct way in my view, the issue that was the subject of my April 2001 monthly column, titled "Recused Federal Appellate Judges Should Not Be Counted As Voting Against Petitions For Rehearing En Banc."
Posted at 03:10 PM by Howard Bashman




Another federal appellate court decides a student survey challenge, and this survey involved not only sex but also drugs and violence: And if that's not enough, Third Circuit Judge Samuel A. Alito, Jr. was on the panel and joined in the opinion of the court, issued today.
Posted at 02:50 PM by Howard Bashman



"Court to rule on jobs and medical pot; State Supreme Court accepts a case in which a man was fired for using marijuana OK'd by doctor": Claire Cooper, legal affairs writer for The Sacramento Bee, today has this article in that newspaper.

And in other coverage, Bob Egelko of The San Francisco Chronicle reports today that "High court to rule on medical pot firing."
Posted at 02:10 PM by Howard Bashman




"Justices begin wrestling with abortion case; Possible voting blocs emerge as court looks at parental notification law": The Sacramento Bee contains this article today.
Posted at 02:05 PM by Howard Bashman



"Redemption and Stanley 'Tookie' Williams": This segment (listen in RealPlayer or Windows Media format) appeared on today's broadcast of the public radio program "On Point."
Posted at 02:02 PM by Howard Bashman



"The Solomon Amendment, Expressive Associations, and Public Employment": My former colleague Paul Secunda (now a law professor) has this post today at the "Workplace Prof Blog."
Posted at 02:00 PM by Howard Bashman



Happy belated birthday: To Denise Howell's "Bag and Baggage" blog, which turned four years old on Monday of this week.
Posted at 01:55 PM by Howard Bashman



Libby, Montana -- a community plagued with asbestos-related contamination: The U.S. Court of Appeals for the Ninth Circuit today issued an opinion that begins:
Libby, Montana, sits sixty-five miles south of the Canadian border. The seemingly rustic and picturesque environment of this area masks a troubling history--the community has been plagued with asbestos-related contamination. In 1999, the Environmental Protection Agency ("EPA") was called in to address disturbing health reports due to asbestos-related contamination. We must decide whether, in responding to this threat, the EPA exceeded the bounds of its authority to conduct cleanup activities under the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"), 42 U.S.C. § 9601 et seq. We hold that it did not.
You can access the complete ruling in United States v. W.R. Grace & Co. at this link.
Posted at 01:45 PM by Howard Bashman



Not to be outdone by the loser of the 2004 presidential election: U.S. Senator John F. Kerry's recent jury duty was the subject of press coverage that I collected here. This afternoon, The Associated Press reports that "President Bush Is Called to Jury Duty."
Posted at 01:35 PM by Howard Bashman



"South African Court Affirms Gay Marriage": The Associated Press provides a report that begins, "South Africa's highest court ruled Thursday it is unconstitutional to prevent gay people from marrying, paving the way for the country to become the first to legalize same-sex unions on a continent where homosexuality remains largely taboo."

And Reuters reports that "Court sets S.Africa on course for gay marriage."

Via the web site of the Constitutional Court of South Africa, you can access both a summary and the full text of today's ruling. [Update: Because the court's link to the ruling is taking forever to respond, I have posted a back-up copy of the decision at this link.]
Posted at 11:40 AM by Howard Bashman




"Judge Alito and the Concerned Alumni of Princeton": Marty Lederman has this post at "Balkinization."
Posted at 10:50 AM by Howard Bashman



In the December 2005 issue of The American Lawyer: The magazine contains an article headlined "Standing in the Shadow of Roe: Whether or not Samuel Alito joins the antiabortion bloc on the Supreme Court, activists are already rehearsing their strategies."

Dahlia Lithwick has an essay entitled "Justice Showtime: Supreme Court justices have long worked behind a secret veil; But televising their arguments would serve democracy well."

And Law Professor Peter H. Schuck has an essay entitled "Leftward Leaning -- Two recent studies reveal what the insiders have known all along: Professors at top U.S. law schools are predominantly liberal."
Posted at 10:25 AM by Howard Bashman




"Congress legitimately could have determined that certain major sports events and the Disney theme parks were quintessentially American and therefore presented especially attractive targets to terrorists." So writes Sixth Circuit Judge Jeffrey S. Sutton in an opinion issued today adjudicating the Cleveland National Air Show's challenge to the Federal Aviation Administration's order denying the Air Show's request for a waiver of the congressionally mandated no-fly zone surrounding Jacobs Field.
Posted at 10:10 AM by Howard Bashman



In news from Canada: The Toronto Globe and Mail today contains a front page article headlined "Judge strikes down restraints imposed on Homolka's liberty" that begins, "Karla Homolka, whose cruel and savage crimes against two Ontario teenagers turned her into the most reviled female felon in Canada, can now enjoy the same freedoms as any ordinary citizen." In other news, "Latest loss in patent war renews RIM's fight with NTP; At stake is firm's right to sell in U.S."

And The Toronto Star reports today that "Quebec judge removes restraints on Homolka; Like kick in the stomach, Mahaffy says; Killer can work with kids, go anywhere."
Posted at 10:02 AM by Howard Bashman




The Associated Press is reporting: Jesse J. Holland reports that "Alito's 1985 Memo Reignites Document Fight."

And in other news, "Head of Gov't Tobacco Trial Team Quits."
Posted at 09:55 AM by Howard Bashman




"House prayers can't invoke Jesus; Federal judge declares that invocations advancing a specific religion are unconstitutional": The Indianapolis Star today contains this article reporting on a ruling that the U.S. District Court for the Southern District of Indiana issued yesterday.

In other coverage, The Louisville Courier-Journal reports today that "Judge restricts prayer in Indiana House."

The Evansville Courier & Press reports that "Sectarian prayers in House banned."

The Journal Gazette of Fort Wayne reports that "'Christ' removed from Indiana House; Opening prayer called illegal; speaker incensed."

And the "Indiana Law Blog" quotes from many of these newspaper articles in this post.
Posted at 09:18 AM by Howard Bashman




"Alito Documents Released by National Archives": This segment (RealPlayer required) appeared on today's broadcast of NPR's "Morning Edition."
Posted at 09:05 AM by Howard Bashman



"Free speech at center of nude-photo controversy": This article appears today in The Daily Pennsylvanian, along with an article headlined "Rights expert to represent photographer; Prof defended Penn students before; takes nude photograph case." Yesterday, the newspaper reported that "Racy photo lands student in trouble; Junior faces sexual harassment charges after posting photo of students appearing to have sex."

Today the photo makes the front page of The Philadelphia Daily News, which contains an article headlined "Sex-act pix shake Penn."
Posted at 07:25 AM by Howard Bashman




"'No recollection' of CAP, Alito says; Nominee discusses views on judicial activism in statement": The Daily Princetonian contains this article today.
Posted at 07:20 AM by Howard Bashman



"Alito Sketched Strategy to Overturn Roe in '85": This article appears today in The Los Angeles Times.

The Boston Globe reports today that "Alito memo set goal to reverse Roe v. Wade; '85 abortion view surfaces."

USA Today reports that "Alito laid out plan ‘to nudge' high court on abortion; He advised against frontal attack in '85."

The Pittsburgh Post-Gazette reports that "Alito crafted plan in '85 to weaken Roe; Memo written while in Reagan administration."

Newsday contains an article headlined "Alito's anti-abortion 'nudge.'"

The New York Sun reports that "Alito Abortion Tack Mirrors O'Connor."

The Washington Times reports that "Alito memo lays path to reverse Roe."

And The Philadelphia Inquirer reports that "Specter lets Alito know he plans tough questions."

Meanwhile, in commentary, Dalton Conley has an op-ed entitled "A Man's Right to Choose" in The New York Times.
Posted at 07:15 AM by Howard Bashman




Available online from law.com: Tony Mauro reports that "Supreme Court Weighs New Hampshire Parental Notification Law."

Justin Scheck reports that "Concerns Raised Over Politics of 9th Circuit Nomination."

In news from Pennsylvania, "Baseball Fan's Injury Lawsuit Strikes Out."

And an article reports that "D.C. Circuit Case to Test Lawmaker Immunity; Staffers seek to sue Congress members for employment discrimination."
Posted at 07:05 AM by Howard Bashman




"Roberts, Justices Find Abortion Case Accord; Lawyers on both sides agree with proposal for a resolution that doesn't drastically alter the law": David G. Savage has this article today in The Los Angeles Times.

Today in The Chicago Tribune, Jan Crawford Greenburg reports that "Justices take up notification law; It's Supreme Court's 1st abortion-related case under Roberts."

In USA Today, Joan Biskupic reports that "Heated session centers on abortion notification; Roberts' concerns seem close to Scalia's."

The Boston Globe reports that "Supreme Court hears N.H. abortion case; Justices ask how law might exempt a health emergency."

In The Pittsburgh Post-Gazette, Michael McGough reports that "Justices weigh parental notification law."

In The Dallas Morning News, Allen Pusey has an article headlined "Little drama as high court gets abortion cases; Roberts appears to back letting N.H. broaden notification exception."

The St. Petersburg Times reports that "Landmark in abortion law unlikely; Supreme Court justices show little interest in using a parental notification case to make sweeping changes."

The San Francisco Chronicle reports that "Roberts inclined to salvage abortion law; He downplays absence of health exception in New Hampshire's notification statute."

The Baltimore Sun reports that "High court hears sides debate N.H. abortion law; Justices seem split over safeguards for health of pregnant girls."

The Washington Times reports that "N.H., activists spar over abortion law."

And The Manchester (N.H.) Union Leader reports that "Parental notification argued." The newspaper also contains an editorial entitled "Ayotte's day in court: AG did New Hampshire proud."

In other commentary, The Washington Post contains an editorial entitled "No Abortion Showdown" along with an op-ed entitled "The Abortion Argument We Missed" by columnist George F. Will.

Newsday contains an editorial entitled "New court; new look at abortion; Will Supremes limit women’s rights?" along with an op-ed entitled "Don't let abortion foes chip away at Roe" by Reina Schiffrin and JoAnn D. Smith.

The Indianapolis Star contains an editorial entitled "A high court test of parents' rights: Supreme Court should uphold law requiring parental notification before a child can receive an abortion."

And The Birmingham News contains an editorial entitled "Searching for reason in restricting abortion."
Posted at 06:45 AM by Howard Bashman




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