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Thursday, July 31, 2003
"Battle over Gay Marriages Heats Up": This evening's edition of NPR's "All Things Considered" contained this audio report (Real Player required; 7 minutes and 30 seconds).
Posted at 23:54 by Howard Bashman
Stymied: Tomorrow's issue of The Atlanta Journal-Constitution reports here that "Democrats stymie Pryor." And tomorrow's issue of The Washington Post reports here that "GOP Senators Claim Anti-Catholic Bias; Democrats Furious at Charge Over Blocking of Appeals Judge Nomination." On deck as tomorrow's filibusteree, Ninth Circuit prospect Carolyn B. Kuhl. Stay tuned for complete details. Posted at 23:46 by Howard Bashman Recusal is for the dogs: The Associated Press reports here that "U.K. Judge Quits Case Featuring His Dog." Posted at 23:35 by Howard Bashman In Thursday's newspapers: In The Washington Post, a front page article reports that "Sodomy Ruling Fuels Battle Over Gay Marriage." An article reports that "Tax Court Nominee Queried; Hill Staff Finds Improper Deductions Over Three Years." In other news, "Seizure of Business Records Is Challenged; ACLU and Arab American Groups File Lawsuit Over Element of USA Patriot Act." You can access here an article headlined "Judge Bars POW Claims To Frozen Iraqi Assets." And in local news, "Md. Election Ruling Gives Minor Parties a Boost." In The New York Times, Neil A. Lewis reports that "Bush Backs Bid to Block Gays From Marrying." In related news, "Vatican Says Lawmakers Have Duty to Oppose Gay Marriage." And an editorial is entitled "Playing It Safe on Gays." An article reports that "Suit Challenges Constitutionality of Powers in Antiterrorism Law." Adam Liptak reports here that "17 Ex-P.O.W.'s Won't Get Part of Seized Iraq Assets, Judge Says." In local news, "Judge Orders Inmate Freed or Retried in '87 Sex Case." And a letter to the editor appears under the heading "A Step Back for Victims." The Washington Times, with scare quotes in full effect, offers an article headlined "Bush vows no 'compromise' on gay 'marriage.'" An article reports that "Gay-rights bills may boost recall push." In other news, "ACLU sues over Patriot Act, says FBI has too much power." You can access here an article headlined "Blacks back affirmative action in poll." In somewhat related news, "Michigan GOP leaders oppose race initiative for Bush's sake." And an article reports that "Lawmakers see loophole in alien visa revocation." The Boston Globe reports here that "Bush backs efforts to bar gay marriage." Lyle Denniston reports that "Arab groups in US file lawsuit seeking to curb Patriot Act." The Associated Press reports here that "Bush taps Weston lawyer for bench." You can access here an article headlined "On the road for a bobblehead" that may bring back memories of a certain recent eBay auction. And columnist Ellen Goodman has an op-ed entitled "Rethinking the rape shield." USA Today reports here that "President moves to define marriage; Legislation in works to deny right to gays." In other news, "ACLU sues over Patriot Act seizures provision; Group says secret confiscation of personal records unlawful." And an article reports that "Media fight order in Bryant case; Judge puts limits on what can be covered." The Los Angeles Times reports here that "Police Abuse Case Will Be Retried; D.A. calls the decision easy, since seven jurors considered the former Inglewood officer guilty. One panelist wonders if unanimity is possible." In other news, "Media Request Considered; News organizations want the court files in the Bryant sexual assault case to be made public. An Eagle County judge will hear arguments today." An article reports that "Ventura County Deputy Used Excessive Force, Jurors Find; Federal panel says civil rights of a retired Fillmore officer were violated when he was shot in 2000. Trial moves to the penalty phase." An obituary is entitled "M. Peter Katsufrakis, 83; Judge Advocated for the Little Guy." An editorial is entitled "A Goal for Police." James Q. Wilson has an op-ed entitled "Colorblind Versus Blindfolded." Erwin Chemerinsky has an op-ed entitled "Law and Logic Should Delay Measure on Race." And a letter to the editor appears under the heading "Irresponsible Judges Are at Fault in Killing." Posted at 22:39 by Howard Bashman "Federal Judges Find Courts Short of Money to Pay Jurors": Adam Liptak will have this article in Friday's issue of The New York Times. Posted at 22:37 by Howard Bashman "Jury Clears Philip Morris in Smoker Suit": The Associated Press has this report from Los Angeles. Posted at 22:35 by Howard Bashman "ms. morality: Moral reflections on life and politics from an attorney-turned-homemaker." Here's an interesting new blog featured in Denise Howell's recent round-up. Denise also recommended checking out ms. morality's essay, available separately here, entitled "Beyond the Empty Promises: The Realities of Being Pregnant in a Large Law Firm." Posted at 22:33 by Howard Bashman "Judge takes case to high court; Pat Kinsey continues to fight ethics charges": The Pensacola News Journal last week had an article reporting that "Attorney Roy Kinsey is asking the U.S. Supreme Court to review a state ethics ruling against his wife, Escambia County Judge Pat Kinsey." Posted at 22:17 by Howard Bashman "GOP Forces Unwinnable Judicial Votes": Jesse J. Holland of The Associated Press has this report. Of course, each of the four nominees currently being filibustered would attain confirmation by a majority vote if confirmation votes were allowed to occur. Posted at 17:23 by Howard Bashman Ten Commandments news from here and there: Today's issue of The Philadelphia Inquirer reports here that "Atheists want rehearing in Commandments case." In related news, The Daily Local reports here that "ACLU requests appeal in plaque case." From Pittsburgh comes Ten Commandments-related news, via The Tribune-Review, that "Group considers appeal." And The Post-Gazette yesterday contained an editorial entitled "Thou shalt be sensible; The county dodges a Ten Commandments suit." From Alabama, The Associated Press reported here last night that "11th Circuit returns commandments case to Thompson." Finally for now, tomorrow's issue of The Forward contains an article entitled "House Takes Aim at Judiciary on Church-State Cases; Representatives Vote To Block Enforcement." Posted at 17:09 by Howard Bashman The Associated Press is reporting: You can access here an article entitled "Dispute Ends Over Affirmative Action Case"; here "Constitution Center Mishap Due to Bolts"; here "Gay Marriage Legalization Facing Backlash"; and here "Calif. Faculty Backs Academic Freedom." Posted at 17:01 by Howard Bashman News from Texas: The Supreme Court of Texas issued a press release today that begins, "Texas Supreme Court Justice Craig Enoch announced Thursday (July 31) that he has advised Chief Justice Thomas R. Phillips, the members of the Court and Gov. Rick Perry that he will not seek re-election to a third term on the Court and that he intends to step down before the end of the year." Posted at 16:28 by Howard Bashman Sometimes the Sixth Circuit takes a case en banc too slowly, and other times it takes a case en banc too quickly: In both instances, judges who happen to be on senior status when the case goes en banc are the ones who lose out. See this very interesting published order accompanied by a concurrence and a dissent, which issued a bit later than the Sixth Circuit's other opinions from today. Circuit Judge Eric L. Clay's concurrence seems to endorse my recently-expressed view that senior circuit judges should not be issuing opinions in matters as to which they do not possess a vote. Posted at 15:59 by Howard Bashman Sixth Circuit Judicial Council announces its decision on claims of judicial misconduct in the handling of University of Michigan racial preferences in student admissions cases: You can access today's decision at this link. It's not every day that Sixth Circuit Judge Julia Smith Gibbons, who joined that court in late July 2002, gets to serve as Acting Chief Judge. Judicial Watch, the organization that initiated the judicial misconduct proceedings, has issued a press release concerning today's decision, and that press release is available here. Update: The press release from Judicial Watch seems to suggest that the Judicial Council has upheld or left undisturbed findings of judicial misconduct against Sixth Circuit Chief Judge Boyce F. Martin, Jr. in connection with the University of Michigan cases. My reading of the Judicial Council's ruling, however, causes me to conclude that the council refrained from deciding one way or the other whether Chief Judge Martin committed misconduct or whether the factual allegations that had led to the earlier finding that the record supported an inference of misconduct were or were not well-founded. Admittedly, much reading between the lines is required to understand the council's ruling, and its lack of clarity is certainly a thing of beauty and perhaps quite intentional. Posted at 13:29 by Howard Bashman "Librarians Chafe Under USA Patriot Act": The Associated Press has this report. Posted at 13:20 by Howard Bashman "Bryant case documents hearing going ahead": CNN.com reports here that "A hearing on whether to unseal court files in the Kobe Bryant sexual assault case will go on as scheduled Thursday, despite a motion from the prosecution for a continuance." Posted at 12:05 by Howard Bashman "GOP Loses Pryor Vote in Senate": Jesse J. Holland of The Associated Press provides this report. Posted at 11:50 by Howard Bashman Must acquit: Will Baude writes that "Small parts of the blogosphere are now roiling with discontent about Tyler Cowen's place in the Volokh Conspiracy." On the other hand, I sometimes have readers email to complain that my blog is too interesting and that it prevents them from getting important other stuff done. Such readers might welcome my inviting in of a co-blogger whose posts they could blithely ignore. (P.S. I don't mean to imply that Tyler's posts are never interesting; for example, I found this to be interesting.) Posted at 11:38 by Howard Bashman The U.S. Senate has failed to invoke cloture in the debate over the nomination of William H. Pryor, Jr. to serve on the U.S. Court of Appeals for the Eleventh Circuit: This morning's vote was 53 in favor of cloture, and 44 against. Sixty votes "for" are necessary to invoke cloture. Filibuster number three is officially underway. Update: You can now access the official roll call vote tally at this link. Posted at 10:31 by Howard Bashman "Judging judges: Conservatives, Catholics needn’t apply." Today's edition of The Union Leader of Manchester, New Hampshire contains this editorial. Relatedly, the cloture vote on Eleventh Circuit nominee William H. Pryor, Jr. has just begun. Stay tuned for the result. Posted at 10:06 by Howard Bashman "'Progressive' Lawyers Organize in D.C." Gina Holland of The Associated Press has this report. Posted at 09:45 by Howard Bashman U.S. Senate begins hour of debate preceding cloture vote on nomination of William H. Pryor, Jr. to the U.S. Court of Appeals for the Eleventh Circuit: You can watch the debate live online now at this link, and stay tuned for the cloture vote scheduled to follow at 10 a.m. this morning. Posted at 09:01 by Howard Bashman "Must U.S. Supreme Court Nominees First Serve on Federal Courts of Appeals? The Case of Janice Rogers Brown." Law Professor Trevor Morrison has this essay today at FindLaw. Update: A reader emails to observe that the article contains a rather significant error about the Chief Justice's judicial experience before joining the U.S. Supreme Court. Posted at 08:15 by Howard Bashman "Plaintiffs to get $6.54 each in Bakker lawsuit": This article appears in today's issue of The Asheville Citizen-Times. Here's hoping that none of the plaintiffs expected to clear enough cash to purchase a Bobble-Chief on eBay. Posted at 08:11 by Howard Bashman "Senator bends rule for judge; Michigan nominee is given U.S. hearing": Today's issue of The Detroit Free Press contains this report. Posted at 06:30 by Howard Bashman On the agenda: This morning, Senate Republicans will attempt for the first time to end the filibuster preventing confirmation of Eleventh Circuit nominee William H. Pryor, Jr. According to page 2 of this PDF document, on unanimous consent in the U.S. Senate, it is: Ordered, That at 9:00 a.m. on Thursday, July 31, 2003, the Senate begin debate in relation to the cloture motion, on the nomination of William H. Pryor, Jr., of Alabama, to be United States Circuit Judge for the Eleventh Circuit, for 60 minutes with the time equally divided between the Chairman of the Committee on the Judiciary (Mr. Hatch) and the Ranking Member (Mr. Leahy) or their designees; provided further, that at 10:00 a.m. the Senate vote on the motion to invoke cloture.Stay tuned here for complete coverage. Posted at 06:25 by Howard Bashman Available in today's edition of The Montgomery Advertiser: You can access here an article entitled "Democrats maneuver to delay Pryor vote" and here an article entitled "Judge slows display removal." Posted at 06:21 by Howard Bashman "Saad nomination stalls amid finger-pointing": This article appears in today's issue of The Washington Times. Posted at 06:20 by Howard Bashman "Pryor Faces Filibuster Threat in Senate": Jesse J. Holland of The Associated Press has this report. Posted at 06:18 by Howard Bashman Available online at law.com: Shannon P. Duffy reports here that "Smokers' Antitrust Challenge Rejected; Both companies, state officials protected by 'Noerr-Pennington'" and here that "Suit Over Litigation Tactics Revived; Immunity finding is rejected in abuse of process case." Jonathan Ringel reports here that "Lawyers Gauge Effect of Sheriff Immunity Ruling." Finally, an article reports that "Picketing Off-Duty County Employee Not Protected by First Amendment." Posted at 00:06 by Howard Bashman Wednesday, July 30, 2003
"Battle Over Judges Continues; Michigan Senators Object to Four Nominees for Appeals Court": Thursday's edition of The Washington Post will contain this article. And Thursday's edition of The Atlanta Journal-Constitution reports here that "Black leaders in state divided over Bill Pryor; Fight over Bush judicial pick just 1 of several."
Posted at 23:59 by Howard Bashman
"Court orders monument removed; Alabama justice may have 15 days to take down Commandments": Tomorrow's issue of The Atlanta Journal-Constitution contains this report. Posted at 23:56 by Howard Bashman Elsewhere in Wednesday's newspapers: The Los Angeles Times reports here that "Mistrial Declared in Inglewood Police Case; An ex-officer was charged with assault for slamming a youth onto a car trunk and hitting him. Partner is cleared of writing a false report." An article reports that "Bryant Prosecution Adds Personnel, Money." Tim Rutten's "Regarding Media" column today is entitled "Restraint is essential in covering assaults; The life of the law, as Justice Holmes once said, is experience." An editorial is entitled "Bring 'Papa' Back for Ill Boy." And David Shaw has an essay entitled "I'll have three Big Macs, two large fries and a lawyer." The Boston Globe reports here that "LA officer's beating trial ends in hung jury; Verdict met calmly as leaders issue call to reject violence." And in local news, "Student journalists are suing Harvard." The Washington Times reports here that "Homosexuality seen as accepted by media." Finally for now, Law Professor Jonathan Turley has an op-ed in USA Today entitled "Don't let jobs grow on family trees." Posted at 23:33 by Howard Bashman Chief Justice Rehnquist bobblehead doll ends up fetching $320 on eBay: The auction has ended. In a world of inflated lawyer salaries and amazingly high legal fees (it's true, I can't afford myself), nothing surprises me any more when it comes to money. Posted at 23:30 by Howard Bashman The Associated Press is reporting: You can access here an article entitled "Energy Debate Stalled by Judge Dispute"; here "Pressure Building to Settle Indian Suit"; here "Justice Dept. Honors Terror Prosecutors"; here "D.A. to Seek Retrial in Police Video Case"; here "Court: Laci Peterson Files Stay Sealed"; here "Pardons Recommended in Texas Drug Cases"; and here "Senator Holds Up Nominee in River Dispute." Posted at 21:40 by Howard Bashman Salvaging a cite at "How Appealing": Short of quoting Dr. Seuss or engaging in a lengthy exegesis over whether something can simultaneously be a rock and an island, how might one go about getting an otherwise mundane opinion cited here at "How Appealing"? Let me just say that Ninth Circuit Judge Ronald M. Gould was on the right track when he began an opinion today by tracing the history of salvage rights back to the fourth century B.C. Posted at 21:29 by Howard Bashman "Rape Nuts: Kobe Bryant's trial will showcase our mixed-up rape laws." Dahlia Lithwick has this essay just posted online at Slate. In other news, I declare the official court Web site devoted to People v. Bryant to be suitably boring. Posted at 19:24 by Howard Bashman "From Lafayette to the federal bench": This article appears in today's issue of The Virginia Gazette. Posted at 19:00 by Howard Bashman "Panel Democrats Shrug at Bush Nominee": FOXNews offers this article, which begins "President Bush's judicial nominee Henry Saad appeared before the Senate Judiciary Committee Wednesday but faced no questioning from panel Democrats." Posted at 18:58 by Howard Bashman "Tax Court Nominee Used Improper Deductions": The Associated Press provides this report. Posted at 18:54 by Howard Bashman Available online from National Journal: Jonathan Rauch has an essay entitled "The Supreme Court Ruled for Privacy--Not for Gay Marriage. In Lawrence v. Texas, the Court didn't create a new right. It just said it wasn't kidding about an old one." And Stuart Taylor Jr. has an essay entitled "Guantanamo: A Betrayal of What America Stands For. Bush has deprived hundreds of quite possibly innocent men of liberty for far too long." Posted at 17:25 by Howard Bashman The U.S. Senate's Republican Policy Committee examines "The Threat to Marriage from the Courts": This 12-page policy paper (PDF file) issued yesterday looks to be an interesting read. Posted at 16:53 by Howard Bashman "GOP Fails to Move Hispanic Nominee": Jesse J. Holland of The Associated Press has this report. Tomorrow it will be Eleventh Circuit nominee William H. Pryor, Jr.'s turn to lose a cloture vote, and then Ninth Circuit nominee Carolyn B. Kuhl will have her turn on Friday. For Pryor and Kuhl, those will be the very first cloture votes their nominations have endured. It will be interesting to see how many votes shy of cloture each turns out to be. Posted at 16:41 by Howard Bashman "School courts shame in case against f-word": Denver Post columnist Diane Carman today has this essay about a court filing that I mentioned here the other day. Posted at 16:19 by Howard Bashman Controversy in Portland, Oregon over proposed renovations to the Pioneer Courthouse: Law Professor Jack Bogdanski has details here at "Jack Bog's Blog." Posted at 16:08 by Howard Bashman "Twist Comic Book Case Sent Back to Trial": The Associated Press provides this report. And the blog "Sophoristically Speaking" offers some more details, plus a link to the ruling, here. Posted at 15:51 by Howard Bashman Bobble-Chief: Thanks to Law Professor Joe Miller, today I had the pleasure of seeing in person for the very first time one of the limited edition Chief Justice Rehnquist bobblehead dolls. That book the Chief is holding is volume 529 of United States Reports. What I believe to be the first eBay auction of a Bobble-Chief is due to wrap-up this evening, and the price has remained stalled at $255 for days now. Will a bidding war break out in the final moments? Only time will tell. Posted at 15:45 by Howard Bashman The Associated Press is reporting: You can access here an article entitled "Judge: Ex-POWs Cannot Access Iraqi Assets" (plus, view the ruling itself at this link) and here an article entitled "ACLU, Arab Groups Challenge Patriot Act." Posted at 15:38 by Howard Bashman Third Circuit affirms dismissal of suit alleging that Pennsylvania's participation in the multi-billion dollar national tobacco settlement violates federal statutory and constitutional law: You can access today's ruling by a unanimous three-judge panel of the U.S. Court of Appeals for the Third Circuit at this link. Posted at 15:07 by Howard Bashman The U.S. Senate has again failed to invoke cloture on the debate over the nomination of Miguel A. Estrada to serve on the U.S. Court of Appeals for the D.C. Circuit: This afternoon's vote was 55 in favor of cloture, and 43 against. Sixty votes "for" are necessary to invoke cloture. Update: You can now access the official roll call vote tally at this link. In case anyone is curious, none of the seven cloture votes on this nomination has produced more than 55 votes in favor of cloture. Posted at 14:09 by Howard Bashman The Ninth Circuit delivers more bad news for police patrol supervisor Ben Chavez: Back on May 27, 2003, the U.S. Supreme Court ruled, in a decision you can access here, that Chavez was entitled to qualified immunity on a claim alleging violation of an arrestee's Fifth Amendment rights. Although Justice Clarence Thomas delivered the Court's lead opinion on that point, Justice David H. Souter delivered a separate opinion, one paragraph of which also represented the opinion of the Court. That one paragraph from Justice Souter allowed the Ninth Circuit on remand to consider whether the Chavez was entitled to qualified immunity on the arrestee's substantive due process claim. Today, a unanimous three-judge panel of the Ninth Circuit ruled, in a very short per curiam order you can access here, that Chavez is not entitled to qualified immunity on the arrestee's Fourteenth Amendment substantive due process claim. Posted at 13:49 by Howard Bashman The U.S. Senate is currently in the midst of voting on the seventh Miguel A. Estrada cloture motion: Stay tuned for the outcome. As for today's confirmation hearing for Sixth Circuit nominee Henry W. Saad, I am reliably advised that no Democratic U.S. Senators asked any questions of him. While sometimes that can be a positive sign, I don't view it as such in this instance. Posted at 13:36 by Howard Bashman "Ill. Judges Fight for Pay Raises": The Associated Press provides this report. Posted at 13:16 by Howard Bashman What do Michigan's U.S. Senators want in exchange for allowing Sixth Circuit nominees from Michigan to be confirmed? The statements from both of Michigan's U.S. Senators at today's Senate Judiciary Committee hearing have just concluded. They are asking that the White House agree to use a bipartisan commission to recommend candidates from Michigan to serve on the Sixth Circuit. Whatever the merits and/or demerits of that proposal, it is impossible for the White House to agree to that procedure without withdrawing the four nominees whom the White House has already put forward. And I just don't see that happening. What today's hearing has suggested, however, is that the Democratic leadership in the U.S. Senate likely will be supporting Michigan's Senators on this point. If that proves to be correct, then expect the current stalemate to continue. Posted at 11:47 by Howard Bashman "Bush Shuns Calls to Legalize Gay Marriage": The Associated Press offers this report. Posted at 11:40 by Howard Bashman "Judging the Courts: Ninth Circuit strikes out." Susan Blake and Charles Hobson had this op-ed in yesterday's issue of The San Francisco Chronicle. Posted at 11:06 by Howard Bashman The Senators from Michigan are about to speak at today's Senate Judiciary Committee hearing: You can listen live here. Today's consideration of Sixth Circuit nominee Henry W. Saad is taking place despite the fact that both U.S. Senators from Michigan have returned negative blue slips as to him (and the three other Michigan-based Sixth Circuit nominees). Update: Senator Carl Levin (D-MI) has begun his remarks at 11:22 a.m. Posted at 10:54 by Howard Bashman Also available at National Review Online: Matthew J. Franck has an essay entitled "All I Really Need to Know About Law I Learned in Kindergarten: Wrongheaded analysis of Scalia's Lawrence dissent." And Jack Dunphy has an essay entitled "A Mixed Verdict: There's peace in L.A., but was there justice?" Posted at 10:33 by Howard Bashman For those interested in learning when the U.S. Senate will vote for the seventh time on whether to invoke cloture in the debate over Miguel A. Estrada's nomination to serve on the D.C. Circuit: The U.S. Senate's Web site (see the right-hand column of this page) suggests that the cloture vote will occur early this afternoon. Posted at 10:08 by Howard Bashman Both of Michigan's U.S. Senators are on the agenda to speak at this morning's Senate Judiciary Committee hearing to consider the nomination of Henry W. Saad to the Sixth Circuit: Meanwhile, the committee's video hook-up is currently broadcasting country music from a Washington, D.C. radio station. Update at 10:20 a.m.: Sad news for fans of country music (but happy news for fans of Judge Saad) -- the video hook-up is now broadcasting live audio of the hearing. Posted at 10:02 by Howard Bashman Michigan's U.S. Senators have failed to prevent David W. McKeague from serving on the U.S. Court of Appeals for the Sixth Circuit: See this ruling posted online today at the Sixth Circuit's Web site. Posted at 09:37 by Howard Bashman "Catholics Need Not Apply? The GOP crosses a line in the fight over the Pryor nomination." Byron York has this essay today at National Review Online. Posted at 09:29 by Howard Bashman News and commentary pertaining to Eleventh Circuit nominee William H. Pryor, Jr.: Today's edition of The Mobile Register reports here that "Democrats expected to unite against Pryor; Alabama attorney general's judicial nomination could face Senate filibuster." Today's edition of The Birmingham News reports here that "Pryor gets first vote Thursday; Republicans expect Democrat filibuster." The Montgomery Advertiser today reports here that "GOP nears Pryor showdown" and offers here an editorial entitled "Show nominees more objectivity." The Washington Times today reports that "Pryor to be filibustered, Schumer pledges." Newsday reports here that "Democrats Rebuff Bias Accusations." And today's issue of The Baltimore Sun contains an editorial entitled "Injudicious tactics." Posted at 07:49 by Howard Bashman On the agenda: Today at 10 a.m., the Senate Judiciary Committee will begin a confirmation hearing at which Sixth Circuit nominee Henry W. Saad will testify. Because both U.S. Senators from Michigan, the State in which Judge Saad resides, have returned negative Blue Slips as to all Michigan-based Sixth Circuit nominees, this has the potential to be interesting. A live Webcast of the hearing should be available here once the hearing is about to begin. Also today, the full U.S. Senate is scheduled to vote for a seventh time to invoke cloture in the debate over the nomination of Miguel A. Estrada to serve on the U.S. Court of Appeals for the D.C. Circuit. The unanimous consent order (see page 2 of this PDF document) states: Ordered, That on Wednesday July 30, 2003, following the vote on Amendment No. 886, the Senate proceed to executive session for 60 minutes of debate on the nomination of Miguel A. Estrada, of Virginia, to be United States Circuit Judge for the District of Columbia Circuit, equally divided between the Senator from Vermont (Mr. Leahy) and the Senator from Kentucky (Mr. McConnell), and that the Senate then vote on the motion to invoke cloture.Stay tuned throughout the day for complete coverage. Posted at 07:01 by Howard Bashman In Wednesday's newspapers: The Washington Post reports here that "GOP Presses for Votes on Judges; Senate Republicans Force New Vote on One Nominee, but Democrats Vow to Prevail." A front page article -- and the second article in a two-part series -- bears the headline "Prosecuting Terror: Enemy Combatant Vanishes Into a 'Legal Black Hole.'" In other news, "Calif. Jury Deadlocks In Teen Beating; Videotape of Arrest Failed to Persuade." An article reports that "Judge Orders Man's Release; Prosecutors Prepare Appeal of Overturned Slaying Verdict." In other local news, "Visitation Fight Overlaps Va. Slaying Case." An obituary is entitled "Charles Rhyne; Argued Landmark Voting Case." And a letter to the editor appears under the heading "Unconstitutional Representation." In The New York Times, Adam Liptak reports that "Judge Warns Against Naming the Accuser of Kobe Bryant." A fascinating article featuring Senior U.S. District Judge Jack B. Weinstein is headlined "Unbelievable Stories (Just Ask the Judge)." An article reports that "New Jersey Court Hears Fight Over $25 Million Lottery Ticket." From California comes news that "Brutality Trial for Officer Concludes in Hung Jury." In local news, "Prosecutors Prepare to Indict Brooklyn Judge in Bribery." In other local news, "Death Penalty to Be Sought in the Killing of 2 Detectives." The Christian Science Monitor reports here that "On Chicago streets, cameras are watching; Critics see the trend as an example of privacy rights sacrificed for security." One editorial is entitled "Pryor Notice," while another bears the heading "Prison Alternatives." Finally for now, an op-ed by Susan DeMersseman is headlined "Remembering Kenzo, and still trying to change gun law." Posted at 06:32 by Howard Bashman Tuesday, July 29, 2003
This Ring is for the future, not the past: An eleven-judge en banc panel of the U.S. Court of Appeals for the Ninth Circuit continues to wrestle with the question "May Ring v. Arizona, 122 S.Ct. 2428 (2002) be applied retroactively? Ring overruled Walton v. Arizona, 497 U.S. 639 (1990) to the extent it allows a sentencing judge, sitting without a jury, to find an aggravating circumstance necessary to impose the death penalty." Meanwhile, today a unanimous three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit answered that very question in the negative, holding that retroactive application of Ring's holding was not allowed on habeas corpus review, in an opinion you can access here.
Posted at 23:15 by Howard Bashman
In the fight against child pornography, "Unknownuser" rides to the rescue again: See this unanimous ruling that a three-judge panel of the U.S. Court of Appeals for the Fourth Circuit issued today. Unknown's first appearance was in connection with a criminal prosecution that earlier this year produced this decision from the U.S. Court of Appeals for the Eleventh Circuit. Posted at 23:13 by Howard Bashman Elsewhere in Tuesday's newspapers: The Los Angeles Times reports here that "Combatant Loses Bid for Freedom; Court in terrorism case has no jurisdiction since the U.S. has designated Qatari man an enemy. Judge calls government's move 'unseemly.'" In other news, "Planned Sequel to Patriot Act Losing Audience; As congressional critics of 'sneak-and-peek' searches gain ground, the Justice Department may shelve requests for expanded powers." An article reports that "Inglewood Is Expected to Take Verdict Calmly; As jurors deliberate on an officer charged in a beating, few people expect civil unrest." In other local news, "Luster Victim Testifies in Civil Court; The woman, 23, is one of two from the Ventura County criminal trial who are now suing the convicted rapist for damages." And letters to the editor appear under the heading "Concealing the Names of Alleged Rape Victims." USA Today reports here that "Future of gay marriage lies in Mass.; State ruling could help legalize it nationwide." A front page article reports that "Americans less tolerant on gay issues; Poll indicates backlash." And you can access here an article headlined "Lives in Eagle, Colo., turned upside down; Teenager, misidentified as the accuser of Kobe Bryant, is horrified to discover her name smeared across the Internet." The Washington Times reports here that "House targets judicial 'errors' with a new strategy." Frank J. Murray reports here that "DNA clears death-row inmate of murder." And an op-ed by Gary J. Andres and Michael McKenna entitled "A question for the left" begins, "While it is clear that the Supreme Court's recent decision overturning the Texas sodomy law hastens the arrival of the debate about gay marriage, what that discussion will mean in the larger political universe is a little murkier." Finally for now, The Boston Globe reports here that "VA nurse drops murder appeal; Cites fear of death penalty if granted a new trial." Posted at 22:58 by Howard Bashman "Ideology and the Courts": William F. Buckley Jr. has an op-ed bearing this title online here. Posted at 22:58 by Howard Bashman "GOP fails third try to force Owen vote": This article will appear in tomorrow's edition of The Atlanta Journal-Constitution. Posted at 22:52 by Howard Bashman "Dems plan Pryor filibuster; Assail GOP charge of anti-Catholic bias by opponents": Tomorrow's issue of The Hill will contain this report. Posted at 22:33 by Howard Bashman The Associated Press is reporting: You can access here an article entitled "Ill. Rape Law Says People Can Change Mind"; here "Ala. Trial of Bombing Suspect Delayed"; here "Feds: Deny Damages to Former Iraqi POWs"; here "Hung Jury in Calif. Police Brutality Case"; and here "Okla. Executes Man Who Bludgeoned Couple." Posted at 22:22 by Howard Bashman "Madigan asks justices to nix raises": Today's issue of The Chicago Sun-Times reports here that "Illinois Attorney General Lisa Madigan asked the state supreme court Monday to change its mind about judicial pay raises." Posted at 21:04 by Howard Bashman "Charges may alter opinions of Miss. judiciary; Justice charged with felony steps aside; judicial watchdog still could seek suspension": Sunday's edition of The Clarion-Ledger contained this report. Posted at 21:03 by Howard Bashman "A view from Alabama: Pryor's record gets distorted." Quin Hillyer today has this op-ed in The Shreveport Times. (Via "Southern Appeal.") Posted at 17:24 by Howard Bashman "Pope to MPs: Stop gay marriage. Cauchon undeterred: Vatican directive comes as Commons to hold free vote on new marriage law." The National Post has this report from Canada. Posted at 17:22 by Howard Bashman "Experts say high court should not rehear its decision; Counsel says another impasse unlikely": This article appears in today's issue of The Las Vegas Review-Journal. Posted at 17:16 by Howard Bashman "Not without my baby: Russian defies deportation." Tomorrow's edition of The Sydney Morning Herald contains this report. Posted at 17:15 by Howard Bashman The Associated Press is reporting: You can access here an article entitled "Acceptance of Gay Rights Appears to Stall"; here "Part of Death Penalty Reform Is Vetoed"; here "Highlights of Ill. Death Penalty Reform"; here "Governor Calls Tax Hike Christian Duty"; here "Michigan Paroles 13 Prisoners Too Early"; and here "Calif. Recall Facing 3 Legal Challenges." Posted at 16:54 by Howard Bashman "Horse before cart in recall challenges": Law Professor Rick Hasen has this op-ed in today's issue of The Sacramento Bee. Rick also is the author of an amicus brief filed in the Supreme Court of the United States in the BCRA cases. Posted at 16:47 by Howard Bashman "Federal judge strikes down portion of state's recall law": The Associated Press has this news from California. Posted at 16:44 by Howard Bashman Reports of no confirmation hearing this week for Sixth Circuit nominee Henry W. Saad were sadly mistaken: The hearing has officially been rescheduled to take place tomorrow at 10 a.m., according to this announcement just posted to the Senate Judiciary Committee's Web site. Traditionally, a State's U.S. Senators appear at the hearing to speak in favor of a nominee from their State. Something tells me not to expect that on Judge Saad's behalf tomorrow, I'm sad to say. Posted at 15:54 by Howard Bashman "Senate Democrats again stop Texas judge's nomination to federal court": Jesse J. Holland of The Associated Press has this report. (Attention headline writers -- she has already been nominated; it's the confirmation that's been stalled in its tracks.) Posted at 15:49 by Howard Bashman "Earthjustice Takes to the Airwaves in Opposition to William Pryor Nomination; Earthjustice launches radio campaign urging listeners to oppose nomination of William Pryor": The full text of the press release, and a link to an audio file of the radio ad, are both accessible here. Posted at 15:42 by Howard Bashman Imagine a Web log devoted to debating the topic of same-sex marriage: Well, one actually exists, and you can access it here. (Thanks to Eve Tushnet for the pointer via email.) Posted at 15:20 by Howard Bashman "Court Web Site To Devote Page To Kobe's Case; Judge Issues Order To Reporters": Denver's ABC 7 has this report. The Web site won't be up and running until tomorrow, when it should be accessible via this link. Posted at 15:02 by Howard Bashman "GOP sets vote on U.S. judicial nominee; Mich. judge caught in Democrats' objections": This article appears in today's issue of The Detroit Free Press. The article's headline is, dare I say, sadly mistaken in stating that a vote has been scheduled, when in fact all that will be occurring this week is a confirmation hearing on the nominee in question. Posted at 13:52 by Howard Bashman "Judge lashes native-only fisheries; Charges against 130 non-native fishermen tossed out because rights were violated": The Province provides this report from Vancouver. Posted at 13:45 by Howard Bashman The U.S. Senate has failed to invoke cloture on the debate over the nomination of Priscilla R. Owen to serve on the U.S. Court of Appeals for the Fifth Circuit: The vote was 53 in favor of cloture, and 43 against. Sixty votes "for" are necessary to invoke cloture. Update: You can now access the official roll call vote tally at this link. Posted at 12:54 by Howard Bashman "Are Bill Pryor’s Opponents Anti-Catholic Bigots?" "Juan Non-Volokh" addresses that question here. Posted at 12:48 by Howard Bashman "Illinois Overhauls Death Penalty Law": The Associated Press has the story here. Posted at 12:41 by Howard Bashman "Judge: State can't charge for abortion literature." The Birmingham News provides this report from Alabama. Posted at 12:37 by Howard Bashman "Experts: Use of religion in Pryor debate something new; Supporters charge that foes have singled out judicial nominee because of his Catholic beliefs." This article appears in today's issue of The Mobile Register. Posted at 12:32 by Howard Bashman "Leaders to fight for monument": Today's issue of The Montgomery Advertiser reports here that "With the likely court-ordered removal of the Ten Commandments monument drawing near, religious leaders on Monday called for large-scale civil disobedience to stop the display from being taken from the state Judicial Building." Posted at 12:29 by Howard Bashman Voting on the Owen cloture motion has just begun: Results should be available sometime soon. Posted at 12:22 by Howard Bashman The U.S. Senate has begun its consideration of a motion to invoke cloture on the debate over whether Priscilla R. Owen should be confirmed to the Fifth Circuit: This is the third attempt to invoke cloture to allow a vote on the merits of the Owen nomination. The cloture vote is scheduled to begin at 12:15 p.m. today, and sixty votes are required to invoke cloture. You can watch the debate at this link, via C-SPAN2. Update: Did U.S. Senator John Cornyn (R-TX) just quote blogger James Lileks in support of Justice Owen's confirmation? I think so. Second update: U.S. Senator Patrick J. Leahy (D-VT) has just stated that when the Senate confirms someone like Sixth Circuit Judge Jeffrey S. Sutton by a mere 52 votes "for," it sends the wrong signal to the people residing in the circuit in question. In fairness, though, I must note that there were only 41 votes "against." Posted at 11:23 by Howard Bashman The Associated Press is reporting: You can access here an article entitled "Calif. Recall Try Faces Legal Challenges"; here "Pa. Gov. Bars Gender ID Discrimination"; here "Mormon Church Controls Salt Lake Block"; here "Lawyer Suspended for Client Sexual Contact"; and here "Dems Flee to Protest Texas Redistricting." Posted at 10:28 by Howard Bashman "Moral Federalism and H.R. 760: What's wrong -- and right -- with the House ban on partial-birth abortion." Kimberly Hendrickson yesterday had this essay at National Review Online. Posted at 08:55 by Howard Bashman No nukes: The Hill today reports here that "Senate Republican leaders have shelved their plans to exercise a 'nuclear option' to break free stalled judicial nominees -- at least for now." Posted at 08:41 by Howard Bashman "Death-row case could be DNA first; It would be the first Pennsylvania death sentence overturned by such evidence. Prosecutors haven't agreed yet." Today's issue of The Philadelphia Inquirer contains this report. Posted at 08:39 by Howard Bashman It's better to be pissed-off than . . . . The Toledo Blade today reports here that "Suspended employee sues county over sticker; Free-speech issue, or is it 'offensive'?" Posted at 08:24 by Howard Bashman "Governor stalls execution; DNA will be tested. Darnell Williams had been scheduled to die Friday for 1986 murder of Gary couple." This article appears today in The Indianapolis Star. Posted at 08:20 by Howard Bashman "Norman Roettger, judge, dies at 72; Sat on federal bench 31 years": Today's issue of The Miami Herald contains this obituary. Posted at 08:19 by Howard Bashman "Study sees racial bias in courts; Blacks face harsher time, scholars say": The Courier-Journal today provides this news. Posted at 08:15 by Howard Bashman "Allegheny County Courthouse can keep Ten Commandments posted": Today's issue of The Pittsburgh Post-Gazette contains this report. Posted at 08:12 by Howard Bashman "Senate may fill vacancy on busy Appeals Court; 16-member panel has four openings, backlog of cases": This article appears in today's issue of The Detroit News. Posted at 06:22 by Howard Bashman "US judge rules venue wrong in detainee's case": Reuters provides this report. And The Associated Press has an article headlined "Judge: Case involving 'enemy combatant' belongs in S.C." Posted at 06:20 by Howard Bashman In Tuesday's newspapers: In The New York Times, Adam Liptak reports that "U.S. Fights Verdict Backing Ex-P.O.W.'s." An article headlined "Bush Takes On Challenge of Trying to Woo Black Voters" mentions the issue of judicial selections. In other news, "Justices in Illinois Order Increases in Their Salaries." An article reports that "Father Asks To See Son Held by U.S." You can access here an article headlined "A Suicide or a Lynching? Answers Sought in Florida." In news from New Jersey, "School District Is Held Liable For Principal." An editorial is entitled "More Conservatives for the Courts." And a letter to the editor appears under the heading "The Moussaoui Case." In The Washington Post, you can access here a front page article (and the first of a two-part series) entitled "Prosecuting Terror: No Choice but Guilty -- Lackawanna Case Highlights Legal Tilt." A Style section article entitled "Justice Executed, Texas-Style" concludes, "After reading Berlow's article, and Wassdorf's letter, it's hard not to conclude that both Gonzales and Bush were rather callous, even cavalier, about the most profound decision any government official can make -- the decision to kill another human being." An article reports that "Indiana Governor Delays Execution for DNA Testing." In other news, "Group Sues for Access to Experimental Drugs." In local news, "Ruling on Rosecroft Raceway Deal Appealed" and "Death Penalty Sought in Deputies' Slayings; Adelphi Man's Attorneys Mount Insanity Defense." And Metro columnist Marc Fisher has an essay entitled "A Portrait Of Injustice in Black and White." The Christian Science Monitor reports here that "Utah law tests limits of gun culture in West." Even Yale University must market itself is the conclusion of an article headlined "Applicants at the gates." And an op-ed by Geneva Overholser is entitled "Name accuser as well as accused in rape cases." Posted at 00:23 by Howard Bashman Monday, July 28, 2003
Tomorrow Senate Republicans attempt for a third time to end the filibuster preventing confirmation of Fifth Circuit nominee Priscilla R. Owen: According to page 2 of this PDF document, on unanimous consent in the U.S. Senate, it is:Ordered, That at 11:15 a.m. on Tuesday July 29, 2003, notwithstanding Rule XXII, there be one hour of debate divided equally between the Chairman of the Committee on the Judiciary (Mr. Hatch) and the Ranking Member, (Mr. Leahy) or their designees; further, that at 12:15 p.m. the Senate proceed to the vote to invoke cloture on the nomination of Priscilla Richman Owen, of Texas, to be United States Circuit Judge for the Fifth Circuit.Stay tuned here for complete coverage tomorrow. Posted at 23:11 by Howard Bashman Another glimmer of hope for Saad: Only time will tell whether Sixth Circuit nominee Henry W. Saad will receive a hearing from the Senate Judiciary Committee before I run out of puns about him for blog post titles. Tonight a law professor based in Ann Arbor emails: Word on the Michigan street is that Judge Henry Saad and the district court nominees who originally were set for hearing before the Senate Judiciary Committee tomorrow (Tuesday) will go on Wednesday instead. I'm not sure why the notice isn't posted yet on the Judiciary Committee's page. But you'll see that this Wednesday's hearing on the Equal Opportunity to Govern Amendment has been marked as postponed, and a business meeting was just noticed today for Thursday, July 31. The apparent plan is to hear the nominees on Wednesday and then have a Committee vote on Thursday. Of course, we can expect the Committee Democrats to push Saad back until the next meeting, which won't be scheduled until after the August recess. So no chance of a confirmation vote (and filibuster) until September.I'm not predicting a filibuster for Judge Saad, but I've probably been wrong before. Posted at 22:44 by Howard Bashman Available online at law.com: Jonathan Ringel reports that "U.S. House Takes On Ten Commandments Ruling; Case prompts 'power of the purse' arguments." From New York comes word that "Government Argues Jose Padilla Has Few Rights." In other news, "DOJ Seeks Dismissal of POW Award Against Iraq." In The National Law Journal, Marcia Coyle has an article headlined "Can this wine travel? State trade bans could be headed for the Supreme Court." In other news, "Two setbacks for lawsuit financing; But the practice is still alive and well." An essay by Peter A. Steinmeyer is entitled "California Spammin' -- Opening the e-mail spigot." And Deborah L. Rhode has an essay entitled "Ladies Day -- Beyond just potty parity." Posted at 22:37 by Howard Bashman Person, place, or thing: "The Indiana Law Blog" reports here that Indiana's highest court has answered the Seventh Circuit's certified question requesting the definition of the word "person" as used in that State's political advertising statute. |