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Monday, June 30, 2003
"Sex Appeal": Jeffrey Rosen has this essay online at The New Republic. In it he writes, "Yes, as a constitutional matter, Lawrence is worse than Roe."
Posted at 23:56 by Howard Bashman
Elsewhere in Monday's newspapers: The Washington Times reports here that "Frist backs amendment to define marriage." Frank J. Murray reports that "Ruling on race likely to spur fight." David Limbaugh has an op-ed entitled "Moral relativism erodes freedom"; Gary J. Andres and Michael McKenn have an op-ed entitled "Developing young minds"; and Nat Hentoff has an op-ed entitled "TV's voice of the Constitution." USA Today reports here that "Canada gives gays hope for change; Couples can cross border to get legal recognition U.S. denies them." Tony Mauro has a very interesting op-ed entitled "High court role in our lives becomes more public." And letters to the editor appear under the heading "Supreme Court ruling on gays hits right constitutional note." In The Boston Globe, Lyle Denniston reports that "High court's course debated after rulings; Two key civil rights decisions mark shift from conservatism." And Cathy Young has an op-ed entitled "Upholding racial division." The Los Angeles Times reports here that "Ruling Reigns at Gay Parades; Pride events in San Francisco and other cities herald the Supreme Court decision voiding anti-sodomy laws." In other news, "Lee vs. Viacom Raises Trademark Questions: The filmmaker is suing to stop the media giant from renaming its cable channel 'Spike TV.'" An editorial entitled "Skewed Picture of America" begins, "By nominating William H. Pryor Jr. to the federal appeals court, George Bush has declared that the Alabama attorney general is not only qualified to sit on the nation's second-highest court but is the kind of judge most Americans want. Senators should reject this implausible assessment." An op-ed by Richard Sander is entitled "Colleges Will Just Disguise Racial Quotas." And a letter to the editor appears under the heading "Conservative Opposition to Alberto Gonzales." Posted at 23:32 by Howard Bashman "Ruling Lets Unwanted E-Mail In; State high court says Intel can't stop a fired worker from sending critical messages unless they harmed the system. Critics fear companies may become targets." The Los Angeles Times provides this report. Posted at 23:18 by Howard Bashman "Court: Anonymous P2P no defense": c|net News.Com has this report on today's ruling of the U.S. Court of Appeals for the Seventh Circuit, which I noted earlier here. Posted at 23:02 by Howard Bashman "Woman who wore cross gets job back; School aide reinstated until Aug. 28 hearing": Last Thursday's edition of The Pittsburgh Post-Gazette contained this report. And you can access the ruling of U.S. District Judge Arthur J. Schwab of the U.S. District Court for the Western District of Pennsylvania at this link. Posted at 22:28 by Howard Bashman From the July 7, 2003 edition of Time magazine: You can access here an article entitled "A Yea For Gays: The Supreme Court scraps sodomy laws, setting off a hot debate"; here "It's No Big Deal: Both sides are playing up the gay-rights decision to inflame political passions"; and here "How Much Diversity Do You Want from Me? If affirmative action means having to speak for your minority, it's asking a lot." Posted at 22:16 by Howard Bashman The Associated Press is reporting: You can access here an article headlined "Lawyers Won't Be Fined Over Disclosure" and here an article headlined "Judge Allows Evidence Against Nichols." Posted at 22:13 by Howard Bashman "Sense and nonsense": The Economist recently published this review of "Law, Pragmatism, and Democracy," the latest book from Richard A. Posner. The review concludes, "Mr Posner is a spirited analyst of contemporary politics, and he can be an entertaining and provocative thinker. His account of the controversial Supreme Court decision awarding George Bush the presidency is well worth reading. But as his book also makes clear, he is not much of a legal theorist, and he might have made a better legislator, academic or even political campaigner than a judge." (Via "PrestoPundit.com.") Posted at 19:33 by Howard Bashman "Supremes back free speech in Intel e-mail case": Bob Egelko of The San Francisco Chronicle has this report. Posted at 19:22 by Howard Bashman "Court Rejects Intel Electronic Trespass Charge": Slashdot provides this exchange of views. Posted at 19:19 by Howard Bashman "California Supreme Court says anti-Intel e-mail not trespassing": David Kravets of The Associated Press provides this report. Posted at 17:32 by Howard Bashman "Ex-Intel worker wins in Calif. high court": c|net News.Com has this report. Posted at 17:30 by Howard Bashman "U.S. Court Rejects DEA Ban on Hemp Foods": The Associated Press has this report. And you can access today's ruling by a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link. Posted at 15:36 by Howard Bashman The Fifth Circuit's Clerk's Office has closed early today due to Tropical Storm Bill: Details here. Posted at 15:07 by Howard Bashman "State's high court upholds right of ex-Intel mass mailer": The San Jose Business Journal has this report. Posted at 14:47 by Howard Bashman All Lawrence, all the time: That's what the blog "Ninomania" has been since last Thursday. Posted at 14:43 by Howard Bashman Seventh Circuit announces its ruling in the Aimster case: You can access Circuit Judge Richard A. Posner's opinion for a unanimous three-judge panel here. In short, the injunction that was the subject of the appeal has been affirmed. Posted at 13:48 by Howard Bashman "Sniper Case Judge Keeps Terrorism Charge": The Associated Press has this report. Posted at 13:29 by Howard Bashman You can now access online the Supreme Court of California's ruling in Intel Corp. v. Hamidi: Available here (78-page PDF document). The Court has ruled in favor of Hamidi, explaining: After reviewing the decisions analyzing unauthorized electronic contact with computer systems as potential trespasses to chattels, we conclude that under California law the tort does not encompass, and should not be extended to encompass, an electronic communication that neither damages the recipient computer system nor impairs its functioning. Such an electronic communication does not constitute an actionable trespass to personal property, i.e., the computer system, because it does not interfere with the possessor's use or possession of, or any other legally protected interest in, the personal property itself. The consequential economic damage Intel claims to have suffered, i.e., loss of productivity caused by employees reading and reacting to Hamidi's messages and company efforts to block the messages, is not an injury to the company's interest in its computers--which worked as intended and were unharmed by the communications--any more than the personal distress caused by reading an unpleasant letter would be an injury to the recipient's mailbox, or the loss of privacy caused by an intrusive telephone call would be an injury to the recipient's telephone equipment.The ruling is not unanimous, and you can access it in its entirety here. Posted at 13:00 by Howard Bashman "Bloggers Gain Libel Protection": Wired News today provides this report. Posted at 12:25 by Howard Bashman "Revenues at Law Firms Rise 8.5 percent, Aided by Diversification and Cuts": The Wall Street Journal today has this report. More information is available here, via The American Lawyer. Posted at 11:46 by Howard Bashman Available at National Review Online: Stephen Moore has an essay entitled "One Nation, Divisible: Supreme unwisdom." And John Bloom has an essay entitled "Affirmative Reaction: 'Don't ask, don’t tell.'" Posted at 11:39 by Howard Bashman The Supreme Court of California will today issue its ruling in Intel Corp. v. Hamidi: The questions presented are: (1) Does sending unsolicited noncommercial e-mail messages into a company’s computer network system in disregard of the company's objection constitute an actionable trespass to chattel, supporting injunctive relief, in the absence of any physical disruption to the receiving computer equipment? (2) Does judicial enforcement of an injunction against the sender of such e-mail messages constitute state action under the federal or state constitutions?The opinion is scheduled to be available online at 10 a.m. pacific daylight time. Posted at 11:15 by Howard Bashman "The dysfunctional Supreme Court": Robert Novak suggests a rather improbable retirement scenario in today's edition of The Chicago Sun-Times. (Via "Southern Appeal.") Posted at 11:00 by Howard Bashman "New rights for gay couples: Gay and lesbian couples will be awarded the same legal rights as married couples under plans outlined by the government." BBC News has this report. Posted at 10:38 by Howard Bashman "Scalia's opposition misguided": Today's edition of The Daily Texan contains this op-ed. Meanwhile, Mike Luckovich demonstrates how difficult it is for an editorial cartoonist to poke fun at the U.S. Supreme Court. See here (not funny; via "Sugar, Mr. Poon?") and here (somewhat funny). Finally, as for this one (by cartoonist Daryl Cagle), well, make up you own mind. Posted at 10:06 by Howard Bashman Hendrik Hertzberg on same-sex marriage: Here, in the July 7, 2003 issue of The New Yorker. Posted at 09:14 by Howard Bashman In Monday's newspapers: The New York Times reports here that "Gays and Lesbians Parade With a New Sense of Pride." An article reports that "Bush, Looking to His Right, Shores Up Support for 2004." In local news, "Behind a Troubled Bench, an Arcane Way of Picking Judges." And a letter to the editor appears under the heading "Prosecutors' Power." Today's installment of The Lawyer's Column in The Washington Post appears under the heading "Unusual Allies? Not at All, Says Conservative Fein." In media news, "The Peterson Murder Case, Made for Cable." Columnist William Raspberry has an op-ed entitled "Closing the Race Gap," and Terence J. Pell has an op-ed entitled "Camouflage for Quotas." In today's edition of The Wall Street Journal, Eugene Volokh has an op-ed entitled "Nike and the Free-Speech Knot." Jason L. Riley has an op-ed entitled "Salivating Over Fast-Food Torts." And Shelby Steele the other day had an op-ed entitled "A Victory for White Guilt: Justice O'Connor and her colleagues embrace anti-Americanism." Posted at 08:15 by Howard Bashman "Retirement's not for all -- and that's fine": Columnist Brian Dickerson has this op-ed in today's edition of The Detroit Free Press. Posted at 06:23 by Howard Bashman "Missouri is getting its first black chief justice": This article appears in today's issue of The St. Louis Post-Dispatch. Posted at 06:21 by Howard Bashman Available online at FindLaw: Today, Sherry F. Colb has an essay entitled "Welcoming Gay People Back Into the Fold: The Supreme Court Overrules Bowers v. Hardwick." And on Friday, Vikram David Amar had an essay entitled "Can the Senate Bind Itself So that Only a Supermajority Can Change Its Rules? A Key Issue in the Controversial Filibuster Debate." Posted at 06:18 by Howard Bashman Senior Ninth Circuit Judge Alfred T. Goodwin turned 80 years old yesterday: Law Professor Jack Bogdanski, who once served as Judge Goodwin's law clerk, was at yesterday's celebration and has this report. Posted at 06:15 by Howard Bashman "Sodomy case has far-reaching significance": David J. Garrow had this essay in Friday's issue of The Chicago Tribune. Posted at 06:11 by Howard Bashman Sunday, June 29, 2003
On the op-ed page of Monday's New York Times: Stanley Fish considers "One Man's Opinion." And columnist William Safire's op-ed is entitled "The Bedroom Door."
Posted at 23:37 by Howard Bashman
A look at the U.S. Supreme Court's 2002 Term: I still owe you, my loyal readers, summaries of the Supreme Court's final ten decisions. I haven't forgotten, and they'll be along in due course (which is another way of saying "four down, six to go"). Although the ink is barely dry on Thursday's Term-ending decisions, it's never too soon to begin reviewing the Term that has just concluded. On Tuesday, July 1, 2003, the American Constitution Society will be holding in Washington, DC: A Supreme Court Round-up featuring: Akil Amar, Yale Law School; Preeta Bansal, former New York Solicitor General; Beth Brinkman, Morrison & Foerster; Drew Days, former US Solicitor General; Walter Dellinger, former US Solicitor General; Laurence Gold, Bredhoff & Kaiser; Maureen Mahoney, Latham & Watkins; Peter Rubin, Georgetown University Law Center; Theodore Shaw, NAACP LDF. National Press Club, 529 Fourteenth Street, N.W., 9:30 - 11:30 a.m.You can access additional details, and RSVP instructions, here. Then, on Wednesday, July 16, 2003, Legal Times will be hosting a program in Washington, DC moderated by Tony Mauro entitled "Sizing Up A Pivotal Supreme Court Term: A Practitioner's View." Scheduled to participate are: Roy T. Englert Jr., Partner, Robbins, Russell, Englert, Orseck & Untereiner LLP; Edwin S. Kneedler, Deputy Solicitor General, U.S. Department of Justice; Maureen E. Mahoney, Partner, Latham & Watkins LLP; Paul M. Smith, Partner, Jenner & Block LLC; Seth P. Waxman, Partner, Wilmer, Cutler & Pickering.I plan to attend the Legal Times program, and you too can sign-up to attend via this link. I'm hoping to arrive in Washington in the morning, so that I will have time to visit with some "How Appealing" readers at a few other choice locations around town. It should make for quite an interesting day. Posted at 22:57 by Howard Bashman "The Manifest Border" blog has moved to a new address: You can now access it here. Posted at 22:44 by Howard Bashman "Judge strikes down state death penalty": Yesterday's issue of The Indianapolis Star contained this report. Additional coverage is available via "The Indiana Law Blog." Posted at 22:41 by Howard Bashman "Execution Summaries: Copies of three death-penalty memoranda prepared by Alberto R. Gonzales for Texas Governor George W. Bush": Online here, via The Atlantic Monthly. Posted at 22:39 by Howard Bashman On Friday, July 4, 2003, the National Constitution Center opens in Philadelphia: Justice Sandra Day O'Connor will be on hand, perhaps joined by two other U.S. Supreme Court Justices. The Philadelphia Inquirer has a special online section where you can access complete coverage of the Center and the festivities scheduled to mark its opening. Posted at 22:35 by Howard Bashman The Associated Press is reporting: You can access here an article headlined "Gay Pride Parades Celebrate Court Ruling" and here an article headlined "Frist Endorses Idea of Gay Marriage Ban." Posted at 22:29 by Howard Bashman "As O'Connor votes, so tilts the Supreme Court; Neither consistently liberal nor conservative, she emerged this term as having 'the vote that matters.'" Warren Richey has this article in Monday's edition of The Christian Science Monitor. Posted at 22:26 by Howard Bashman "Board will name judicial candidates; Senators reactivate panel in light of appeals vacancy": Last week, The Milwaukee Journal Sentinel provided this report concerning plans to fill a forthcoming Seventh Circuit vacancy in Wisconsin. Posted at 22:24 by Howard Bashman Available online at law.com: Tony Mauro wraps-up the Term in an article headlined "Confounding the Court Watchers," while here he provides "A Look Ahead to Next Term." From California comes news that "Cases Begin to Fall as Prosecutors, PDs React to Decision in 'Stogner.'" In news from New Mexico, "A Win for Unmarried Couples: Unwed can sue for loss of consortium; gay rights activists are heartened." And in news from New York, "Appellate Specialists Come to Town" and "Conviction Overturned for Inmate Who Allegedly Attacked a Guard." Posted at 17:07 by Howard Bashman "Supreme Court leans to the left; Conservatives can no longer rely on justices marching to their tune": Bob Egelko has this article in today's edition of The San Francisco Chronicle. And you can access here an article headlined "High court ruling likely to usher in new era for gays; Decision's logic to have impact on other rights." Posted at 16:59 by Howard Bashman "How the Supremes Redeemed Bush: The conservative court's decisions on homosexuality and affirmative action boost Bush's image with moderates": Joe Klein has this essay online at Time.com. Posted at 16:56 by Howard Bashman "Museum Honoring Constitution Set to Open": The Associated Press has this report from Philadelphia. Posted at 16:51 by Howard Bashman "Is Gay Marriage Next?" That's the question on the cover of the July 7, 2003 issue of Newsweek. The lead article bears the headline "The War Over Gay Marriage: In a landmark decision, the Supreme Court affirms gay privacy and opens the way to a revolution in family life." A related article reports that "Breaking Up Is Hard to Do: Marriage is one thing. But what happens when partners part? For gay couples splitting up, it’s still a legal 'no man’s land.'" Finally for now, Evan Thomas and Stuart Taylor Jr. have an article headlined "Center Court: She helped America seek a middle ground on the thorny subject of race. Sandra Day O’Connor’s brand of justice." Posted at 16:45 by Howard Bashman "Supreme Court confounds critics; Until last week, the nation's top court had a conservative hue, but moderates changed that": Jan Crawford Greenburg has this report in today's edition of The Chicago Tribune. Posted at 16:43 by Howard Bashman "Rehnquist holds high court cards, but will he retire?" The Scripps Howard News Service has this report. And a related item lists the "Supreme Court short list." Posted at 16:42 by Howard Bashman "Campaign finance highlights next Supreme Court session": CNN.com has this report. And you can access here an article entitled "Affirmative action topped many landmark cases." Posted at 16:40 by Howard Bashman "O'Connor proves pivotal on court": This article appears in today's edition of The Sacramento Bee. Posted at 16:38 by Howard Bashman "Group Wants Judge Punished for Race Case": The Associated Press has this report. Posted at 16:37 by Howard Bashman In Sunday's newspapers: In The Washington Post, Charles Lane reports that "Civil Liberties Were Term's Big Winner; Supreme Court's Moderate Rulings a Surprise." A related article is headlined "Court That Liberals Savage Proves to Be Less of a Target." An article reports that "Two Trials Make for Unlikely Allies; Separate Sniper Cases Tangle Theories of Prosecutors, Defense Teams." You can access here an article headlined "Sodomy Ruling Prompts Promises of Activism; In Wake of Supreme Court Decision, Va. Lawmakers Predict Bills Supporting and Opposing Gay Rights." In other local news, "Debate Rekindled Over Ten Commandments Monument." A series of essays collected under the heading "Down the Road From The Michigan Rulings" consists of an essay by Larry Adelman entitled "Right Ruling, Wrong Reason"; an essay by Safiya McClinton entitled "More Fleeting Than Favorable"; an essay by Goodwin Liu entitled "A Moment as Big as 'Brown'"; an essay by Martha Montelongo entitled "No Longer 'We, the People'"; and an essay by Peter Wood entitled "Diversity? That's a New One." An editorial is entitled "Wanted: A Real Defense." And in op-eds, columnist David S. Broder considers "The Scalia Model"; U.S. Senator Edward M. Kennedy has an essay entitled "The Senate Role"; and Amy Joyce writes of "A Boost for Workplace Diversity; High Court's Ruling on College Affirmative Action Bolsters Corporate Practices." In The Los Angeles Times, David G. Savage reports that "Justices Take a Turn to the Left; The Supreme Court's rulings for gay rights and affirmative action surprise many -- and leave Justice Antonin Scalia on the margins." An article reports that "Family Embodies Split on Affirmative Action; Justices' rulings shine a light on the diversity of opinion -- among the Boyds and the nation." In other news, "Mexico Still Seen as Fugitive Friendly; Arrests of Andrew Luster and others show the country is trying to shake that image, but U.S. criminals still head for its beach towns to flee the law and blend in with the tourists." In op-eds, Frank del Olmo writes that "Right Wing Risks a Supreme Injustice; Alberto Gonzales should not be blocked as a high court candidate"; Abigail Thernstrom argues that "College Rulings Add Insult to Injury; Court's upholding of admissions preference glosses over need for better early schooling"; John Rechy has an essay entitled "Finally, Dignity and Respect -- but at Such a Cost"; Charlotte Allen writes that "It's Always 1984 in Cuba"; and Dana Parsons has an essay entitled "Supreme Court Shows the Way." Philip K. Howard reviews the book "The Rule of Lawyers: How the New Litigation Elite Threatens America's Rule of Law," by Walter K. Olson. And letters to the editor appear under the heading "Court Strikes Bans on Gay Sex." In The New York Times, Adam Liptak reports that "Student Sues for Admission to Schools for Hawaiians." In The Week in Review Section, Neil A. Lewis reports (first item) that "The Court Takes the Nation's Pulse." An article reports on "A Decision That Universities Can Relate To." Here's an affirmative action timeline. In business news, one article is headlined "Affirmative Action, Productive Potential," while another carries the title "Affirmative Action: A Corporate Diary." An item entitled "Debunking America's Enduring Myths" appears in plenty of time to celebrate July 2d. A related item is entitled "Pursuing Happiness in Our Time." In local news, "Judges Keep the State After School." Dennis J. Hutchinson reviews Justice Sandra Day O'Connor's newest book, "The Majesty of the Law: Reflections of a Supreme Court Justice," and you can access the first chapter of the book here. An editorial is entitled "A Moderate Term on the Court." And a letter to the editor appears under the heading "Enemy Combatants and Civil Liberties." In The Washington Times, Frank J. Murray reports that "Court's rulings mirror culture." In other news, "White House steps in on church-school case." Mark Steyn has an op-ed entitled "Counting on diversity in court"; Paul Greenberg has an op-ed entitled "What Supreme Court doesn't know about race"; Thomas Sowell has an op-ed entitled "Quotas sustained"; and Steve Chapman has an op-ed entitled "The law no one missed." The Boston Globe reports here that "Justice's 'deadline' confounds colleges." Glenn C. Loury writes "Affirmed... for now; The Supreme Court's decision made affirmative action resoundingly legal. Now comes the hard part-making it unnecessary." In local news, "A civil tradition: Data show same-sex unions in Vt. draw a privileged group." In op-eds, Jeff Jacoby writes of "A shameless decision that promotes bias"; Ellen Goodman considers "Playing catch-up on gay sex ban"; and E.J. Graff asserts "The high court finally gets it right." And The Boston Globe Magazine contains an article entitled "College Rivalry: Universities will do almost anything these days to land a star professor who can bring instant prestige, attract large donors, and, oh yes, even do some teaching." Posted at 10:12 by Howard Bashman Saturday, June 28, 2003
Available online at Reason: Jesse Walker has an essay entitled "Supreme Sodomy: Look how far this country has come," and Jacob Sullum has an essay entitled "Know Thy Enemy Combatant: The Bush administration decides who gets due process."
Posted at 23:29 by Howard Bashman
In Saturday's newspapers: In The New York Times, Linda Greenhouse reports here that "Court to Hear Case on Congressional Redistricting" and here that "Justices Extend Decision on Gay Rights and Equality." An article reports that "Administration Lawyer Lauds Affirmative Action Ruling." You can access here an article headlined "A Few Gay Americans Tie the Knot in Canada" and here an article headlined "Judge in New Jersey Hears Arguments on Gay Marriage." An article reports that "In Schools Case, a Certainty: Only 400 Days to Comply." A related op-ed by Peter Schrag is entitled "Adequacy in Education: Why Is Clear. But How?" You can access here an article headlined "Where Thurmond Lived, Died and Was Forgiven." An editorial is entitled "Strom Thurmond's Century." And letters to the editor appear under the headings "A Major Victory for Gay Rights" and "Affirmative Action and Justice Thomas." In The Washington Post, Charles Lane reports that "Gay Rights Ruling Affects Kan. Case; 17-Year Term in Teen Sex Case at Issue." You can access here an article headlined "Experts: Redistricting Decision Aids Democrats." In related news, "Democrats Discovering Campaign Law's Cost." An article reports that "Muhammad Prosecutors to Consider Non-Jury Trial; Unless All Sides Agree, Case Could Move From Pr. William." In business news, "Flood of Fees Draining Enron Funds; $496 Million in Charges Rung Up So Far by Lawyers, Others." An editorial is entitled "Soliciting Prayer." Columnist Colbert I. King has an op-ed entitled "Truth From Justice Ginsburg." And letters to the editor appear under the heading "Privacy, Gay Rights and the Supreme Court." In The Los Angeles Times, David G. Savage reports here that "High Court Retirement Rumors Were Just That; All the buildup for the confirmation battle lacked only one ingredient: an announcement from one of the justices" and here that "Ruling Seen as Precursor to Same-Sex Marriages; Supporters and foes of gay civil rights say the court's overturning of sodomy laws could lead to gay unions." In other news, you can access here an article headlined "Cell Doors Swing Open After Ruling on Molestation Cases"; here "Abuse Cases in O.C. Jolted; The Supreme Court's rejection of a California sex-offender law could free several convicted molesters and halt other prosecutions"; and here "Burden of Proof Now Falls on Victims in Sex Abuse Civil Suits; Supreme Court decision throwing out older criminal cases will shift focus to lawsuits." An article reports that "'Soft Money' Restrictions May Aid GOP; A study says Democrats depended more on larger donations in 2002 while Republicans garnered more in small contributions." A front page article reports that "Behavior May Leave a Mark on Genes; A father is on death row. His son is accused of an eerily similar crime. Scientists are exploring the biochemistry behind violent actions." Henry Weinstein reports "New Trial, New Charge in Old Cases; A death row inmate's conviction is voided in the 1979 murder of an Orange County girl, but DNA allegedly links him to a 1977 Malibu killing." And letters to the editor appear under the heading "Week of Momentous Supreme Court Decisions." In The Boston Globe, Lyle Denniston reports that "High court rejects appeal over antiabortion posters." In other news, "Ruling may boost civil abuse suits; Victims see another route after court rejects Calif. law." And an editorial is entitled "Supreme Court justice." The Washington Times reports here that "Sniper suspect's request pondered." An editorial is entitled "James Strom Thurmond." And Michelle Malkin has an op-ed that asks "Why the cheering?" Posted at 22:39 by Howard Bashman "Nino's Opera Bouffe": Columnist Maureen Dowd has this op-ed in Sunday's issue of The New York Times. Posted at 20:41 by Howard Bashman "Victims can go after schools; Indiana Supreme Court clears way for suits by those who are assaulted": This article appears in today's issue of The Indianapolis Star. Posted at 19:34 by Howard Bashman "Rehnquist Speaks at Judicial Conference": The Associated Press provides this report. Posted at 19:33 by Howard Bashman "Supreme Court Retirement Appears Unlikely for Now": Neil A. Lewis has this article in Sunday's issue of The New York Times. Posted at 16:25 by Howard Bashman "Justice sworn in at High Court": This article appears in today's edition of The Honolulu Advertiser. Posted at 16:24 by Howard Bashman "Ashcroft Opponent Poised for Court Post": The AP reports here. Posted at 16:23 by Howard Bashman "Supreme Court Looking Less Conservative": Anne Gearan of The Associated Press has this report. And in related coverage, you can access here an item entitled "Major Rulings in This Supreme Court Term" and here an item entitled "Supreme Court by the Numbers." Posted at 16:22 by Howard Bashman "What 'Conservative' Supreme Court?" This editorial appears in today's edition of The New York Post. Posted at 13:50 by Howard Bashman "Democrats Praise Supreme Court on Affirmative Action": Reuters reports here. Posted at 13:49 by Howard Bashman Exit stage left: That's what the U.S. Supreme Court did at the close of this Term, according to this report from CBS News. Posted at 13:47 by Howard Bashman "Kansas told to rethink gay sex case": Today's edition of The Kansas City Star contains this report. Posted at 13:46 by Howard Bashman Friday, June 27, 2003
Elsewhere in Friday's newspapers: In The Los Angeles Times, David G. Savage reports here that "Bans on Gay Sex Ruled Unconstitutional; Privacy: Law can't be used to single out homosexuals for disapproval, Supreme Court says in 6-3 ruling"; here that "High Court Rejects Nike Appeal in Speech Suit; Company claims 1st Amendment protection. Justices vote to send the case back for a trial"; and here that "Shift of Black Voters in Ga. Upheld." An article reports that "California Molestation Law Struck Down; Abuse: Hundreds of convictions will be tossed out and prosecutions dropped, some involving priests." Henry Weinstein reports that "Man's Death Sentence Overturned; Justices say public defenders in the murder trial did not investigate or present evidence of childhood abuse that could have swayed a jury." An article reports that "Politics in Play for a Seat Not Yet Vacant." You can access here an article headlined "Sodomy Ruling Fuels 'the Culture War'; Gays celebrate the landmark decision as a 'day of liberation.' Christian groups fear the decree could lead to same-sex marriage." An editorial is entitled "A Door Marked 'Private': Supreme Court has barred government from places it ought not to enter." An obituary is headlined "Longest-Serving Senator Led Segregationist South." In other news, "Settlement Gets Lead Out of Kaopectate; The antidiarrhea liquid has been reformulated as a result of a lawsuit; the caplets will follow." An article reports that "Bounty Hunter to Be Tried; Mexican judge says prosecution of the man who captured fugitive should deter others." Andrew P. Napolitano has an op-ed entitled "'Enemy Combatants' Cast Into a Constitutional Hell." And a letter to the editor appears under the heading "Best Filter for Internet Porn Is the Parents."
In The Boston Globe, Lyle Denniston reports here that "Court reverses gay sex ban; Ruling cites right to privacy"; here that "Court upholds statute of limitations on prosecution"; and here that "Case called US setback." An article reports that "Retirement drama caps end of high court's term." In related news, you can access here an article headlined "Gays, lesbians praise decision; Others compare it to Roe v. Wade" and here an article headlined "State's gay marriage backers are elated." An editorial is entitled "A victory for intimacy." An obituary bears the headline "Strom Thurmond dead at age 100." And columnist Derrick Z. Jackson has an op-ed entitled "Bush's jive act on campus diversity." In The Washington Times, Frank J. Murray reports here that "Sodomy law struck down" and here that "High court voids Md. death sentence." An article reports that "Sodomy decision triggers emotional reactions." An editorial is entitled "Privacy amok." In other news, "Appeals court rejects U.S. effort to block Moussaoui." An obituary is headlined "Strom Thurmond, Senate legend, dies." And Clarence Page has an op-ed entitled "Wise counsel." In USA Today, Joan Biskupic reports here that "Gay sex ban struck down; Supreme Court majority says such laws violate privacy"; here that "Decision represents an enormous turn in the law"; and here that "2 justices' influence felt in latest term; Rehnquist, O'Connor signal they'll be around for awhile." An article reports that "Ruling sides with death-row inmate." You can access here an article headlined "Sodomy ruling gives hope to many; But others say court has hurt 'natural family'" and here "Attitudes on gay relations tied to demographics." An obituary is entitled "Politics loses South Carolina icon; Ex-segregationist was senator for record 48 years." Editorials appear under the headings "Court ruling ushers in overdue rights for gays" and "Death penalty concerns." And an op-ed by Ken Connor is entitled "Right to privacy goes too far." Posted at 22:40 by Howard Bashman "Court OKs sex offender photos; State's online list to show faces, addresses": Today's edition of The Indianapolis Star contains this report. Posted at 22:39 by Howard Bashman "In the Land of Guantanamo": This article appears in Sunday's issue of The New York Times Magazine. Posted at 22:34 by Howard Bashman "Mr. Diversity": Columnist Bill Keller has this op-ed about Justice Clarence Thomas in tomorrow's edition of The New York Times. Posted at 22:31 by Howard Bashman Do court records available online contain too much information about you? This article appears in today's issue of The Orlando Sentinel. Posted at 22:29 by Howard Bashman "Woman wins record damages over strip search": The Age has this report. And in related news, that publication contains an article headlined "$138,000 payout over strip search." And The Herald Sun reports here that "A simple 'sorry' would have saved taxpayers $700,000." Posted at 22:25 by Howard Bashman "Tenn. Judge Refuses to Allow Horse As Pet": And in federal court, no less. The Associated Press has this report. Posted at 21:00 by Howard Bashman NPR's Nina Totenberg summarizes yesterday's U.S. Supreme Court rulings: Listen here (Real Player required). Posted at 17:40 by Howard Bashman Eugene Volokh deserves his own MSNBC blog: Here's all the proof you'll need, in a post entitled "Judging Clarence Thomas." Posted at 16:58 by Howard Bashman Reuters is reporting: You can access here an article entitled "U.S. Supreme Court to review credit card fees"; here "Top Court Rejects Appeal by Abortion Opponents"; here "Supreme Court Won't Review Sidewalk Disability Case"; and here "Supreme Court's Rulings on Gays, Race Surprises." Posted at 16:48 by Howard Bashman "The Executioner's I.Q. Test": This upcoming Sunday's edition of The New York Times Magazine will contain this article that addresses "what's wrong with exempting the retarded" from the death penalty. Posted at 16:34 by Howard Bashman Law firm of Altheimer & Gray to dissolve Monday? That's what Crain's Chicago Business is reporting here. Posted at 16:27 by Howard Bashman Senate Judiciary Committee likely to vote on nomination of William H. Pryor, Jr. to the Eleventh Circuit on July 10, 2003: "Southern Appeal" has details here. Posted at 16:23 by Howard Bashman "Santorum again the target of gay activists": This article appears in today's issue of The Pittsburgh Post-Gazette. Posted at 16:00 by Howard Bashman Thou shalt not remove this plaque: The Philadelphia Inquirer reports here that "Chesco's Commandments can remain; An appeals court cited historical value of the courthouse plaque." The Pittsburgh Post-Gazette reports here that "Court upholds Ten Commandments plaque on courthouse." The Daily Local of Chester County, Pennsylvania reports here that "The plaque can stay" and here that "Courthouse crowd supports ruling." Posted at 15:49 by Howard Bashman "Oral arguments start in case for same-sex marriages": The Philadelphia Inquirer has this news from New Jersey. Posted at 15:39 by Howard Bashman Online at Salon.com: Tim Grieve has an essay entitled "The next war: Bush and the Supreme Court; With William Rehnquist and Sandra Day O'Connor considering retirement, activists on all sides are preparing for a firefight over Bush's next high-court nominee." And Andrew Sullivan writes of "A great day for liberty; In his dissent from the Supreme Court's historic decision in the Texas sodomy case, angry Antonin Scalia was right about one thing: The next step is gay marriage." Posted at 15:24 by Howard Bashman "Texas to Restore Race in Admissions": The Associated Press reports here that "Six years after dropping affirmative action in favor of a 10 percent solution, Texas' public university system will work to restore race as a factor in admissions, with the blessing of the U.S. Supreme Court." Posted at 15:14 by Howard Bashman Unconstitutional "punishment" for "pure thought": Today a divided three-judge panel of the U.S. Court of Appeals for the Seventh Circuit issued a decision in which the majority's opinion begins: John Doe was banned for life from all park property in the City of Lafayette, Indiana--including a golf course, sports stadium, and city pools. The City did not provide notice or a hearing before instituting the ban, nor did it allow Doe to appeal its decision. Doe filed suit against the City, arguing that the ban violates his First Amendment right to freedom of thought and a fundamental right under the Fourteenth Amendment to loiter in public parks. The district court granted summary judgment in favor of the City. We reverse, finding the ban violates the First Amendment.The dissenting opinion, by contrast, begins: The majority invalidates the City of Lafayette's ("the City" or "Lafayette") action because, in its view, the ban order against Mr. Doe violates the First Amendment. In my view, the City has adopted a reasonable proscription designed to protect a vulnerable part of the population, its children, against the danger of a relapse by Mr. Doe. Therefore, I respectfully dissent.You can access the complete decision at this link. Posted at 13:39 by Howard Bashman Uninformative statistics: Eugene Volokh takes a closer look at the Bloomberg News article I mentioned yesterday bearing the headline "Prosecutor Misconduct Is Found in 18% of Appeals, Study Says." The underlying study by The Center for Public Integrity is accessible here. Update: The "Zonitics" blog offers additional commentary here. Posted at 13:34 by Howard Bashman En banc Eighth Circuit considers when it will enforce waiver of appellate rights as part of a plea agreement on federal criminal charges: You can access today's en banc ruling of the U.S. Court of Appeals for the Eighth Circuit at this link. Posted at 13:06 by Howard Bashman "Sandra Day O'Connor was no accident of history." Dahlia Lithwick and Walter Dellinger wrap-up their discussion this week about the Supreme Court of the United States. Posted at 12:12 by Howard Bashman Seventh Circuit grants rehearing en banc in free speech case involving college journalists: You can access the appellate docket entries here, via the Seventh Circuit's Web site. You can access the now-vacated three-judge panel ruling here, and you can access my original coverage of that ruling (including other useful links) here. Plus, here's an AP report entitled "Federal Appeals Court To Rehear GSU Paper Case." Posted at 12:10 by Howard Bashman Access online the NAFTA ruling in the matter between The Loewen Group and the USA: It is available here (71-page PDF document). Posted at 11:50 by Howard Bashman And in other news from the U.S. Supreme Court: Anne Gearan of The Associated Press reports here that "Supreme Court Will Settle Privacy Case." And an article reports that "Supreme Court to Hear Everglades Case." Posted at 11:47 by Howard Bashman D.C. Circuit affirms dismissal of suit brought by wartime sex slaves against Japan: Today's ruling by a unanimous three-judge panel of the U.S. Court of Appeals for the D.C. Circuit begins: The appellants are 15 women from China, Taiwan, South Korea, and the Phillippines; they brought this suit against Japan, seeking money damages for having been subjected to sexual slavery and torture before and during World War II. The district court held Japan immune from suit pursuant to the Foreign Sovereign Immunities Act of 1976, 28 U.S.C. secs. 1330, 1602–1611, because it had not waived its immunity and the conduct alleged did not come within the commercial activity exception to the FSIA. The district court also held the suit was barred under the political question doctrine.You can access the complete opinion at this link. Posted at 11:31 by Howard Bashman "Pryor: Ruling makes Alabama law 'unenforceable'; Gay rights groups cheer ruling on Texas ban, others dismayed": This article appears in today's edition of The Mobile Register. (Via the newly-redesigned "Southern Appeal.") Posted at 11:17 by Howard Bashman Available at National Review Online: Ramesh Ponnuru has an essay entitled "The Perils of Rationality: A comment on that Texas gay-rights case." David Frum considers "Sodomy in Texas." Robert A. Levy has an essay entitled "Discriminate but Obfuscate: The Court’s message to universities." And Peter Wood has an essay entitled "Affirming Faction: Diversity's multiple meanings." Posted at 11:11 by Howard Bashman "Court Rejects Anti-Abortion Appeal": The Associated Press has this report regarding the denial of certiorari in the Nuremberg Files case. The article also notes the denial of review in the City of Sacramento case involving sidewalk accessibility and the Americans with Disabilities Act. Posted at 10:56 by Howard Bashman NAFTA News -- "Panel absolves U.S. of Loewen damages": The Globe and Mail contains this report. Many readers may recall that The New Yorker in November 1999 published a lengthy and very interesting article about the facts giving rise to this NAFTA lawsuit. Posted at 10:37 by Howard Bashman Today's U.S. Supreme Court Order List: You can access it online here. The Court summarily affirmed in one case, noted probable jurisdiction in another, and granted certiorari in four more cases. The Order List closes with the following words: "RECESS ORDER The Court will take a recess from today until Monday, September 8, 2003." Posted at 10:20 by Howard Bashman "Student Sues Hawaiian School Over Race": The Associated Press today has this report. Yesterday's edition of The Honolulu Star-Bulletin reported here that "Kamehameha sued over its admissions; The challenge alleges the Hawaiians-only policy is in violation of federal civil rights laws." And today's edition of that newspaper reports that "Kamehameha trustees bank on preferences being upheld; The trust retains a mainland law firm to defend its entry policy." Additionally, today's issue of The Honolulu Advertiser reports here that "Kamehameha plans 'vigorous' defense." Posted at 10:17 by Howard Bashman "Ronnie White ready to take historic role at Supreme Court": Yesterday's issue of The Jefferson City News Tribune contained this report. Posted at 09:40 by Howard Bashman "Rep. Alcee Hastings Mulls Run for Senate": The Associated Press has an article that begins, "Rep. Alcee Hastings formed an exploratory committee Thursday to help him mull a run for the Senate, the chamber that removed him as a federal judge more than a decade ago." Posted at 07:07 by Howard Bashman In Friday's newspapers: In The New York Times, Linda Greenhouse reports here that "Justices, 6-3, Legalize Gay Sexual Conduct in Sweeping Reversal" and here that "Nike Free Speech Case Is Unexpectedly Returned to California." In other news, you can access here a report entitled "Court Limits the Prosecution of Sexual Abusers of Children"; here "Court Allows a New Approach to Redrawing Districts by Race"; and here "Justices Throw Out a Murderer's Death Penalty, Due to Poor Defense." Neil A. Lewis reports that "Conservatives Furious Over Court's Direction." From San Francisco comes news that "Gays Celebrate, and Plan Campaign for Broader Rights." A related editorial is entitled "A Gay Rights Landmark." In news from the Fourth Circuit, "Bush Officials Lose Round in Prosecuting Terror Suspect" and "Microsoft Can Leave Java Out of Windows, Court Rules." In business news, an article reports that "Senate Panel Agrees to Increase Size of Asbestos Trust." One obituary bears the headline "Strom Thurmond, Foe of Integration, Dies at 100," while another bears the headline "Jose Trias Monge, 83, Puerto Rico Chief Justice, Dies." And in local news, you can access here a report entitled "Court Rules State Shortchanged New York City on School Funds"; here "Battle Lines Drawn: It's City vs. State"; here "Few Understand How Subsidies Are Set"; and here "As a Long Road Ends, Another Begins." And a related editorial is entitled "Fighting for Fairness at School." In The Washington Post, Charles Lane reports here that "Justices Overturn Texas Sodomy Ban; Ruling Is Landmark Victory for Gay Rights"; here that "Court Strikes Down California Law That Lifted Statute of Limitations"; here "Justices Decline to Hear Nike Case; Suit Over Corporate Statements Was Viewed as Free-Speech Test"; and here that "Death Penalty Of Md. Man Is Overturned." In other news from the U.S. Supreme Court, you can access here an article headlined "High Court Orders Review of Redistricting Plan" and here an article headlined "Rehnquist Uses 'R' Word to Good Effect." A news analysis reports that "A Debate on Marriage, And More, Now Looms," while an article reports that "Gay Community Hails 'a New Day'; Ruling on Sodomy Law Celebrated." In other news, "Appeals Court Rebuffs U.S. in Moussaoui Case." An obituary reports that "Ex-Senator Thurmond Dies at 100; Lawmaker Helped Shape Modern GOP." An editorial is entitled "Breakthrough." Columnist George F. Will has an op-ed entitled "Lap Dancing On the Constitution," and columnist Charles Krauthammer has an op-ed entitled "No 'Roe' Replay On Affirmative Action." The Christian Science Monitor reports here "Big boost for privacy rights; In a ruling on a Texas law, the Supreme Court strengthened both gay rights and abortion rights." At OpinionJournal, an editorial is entitled "Sodomy and Sneakers; A Roe v. Wade for gay rights." And Daniel Henninger has an op-ed entitled "40 Years After Rev. King's Speech Court Adds 25; Beating racism is a moral fight, not a legal one." Posted at 06:36 by Howard Bashman Not quite the news: "Stevens quits"? See for yourself. Posted at 06:27 by |
