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Wednesday, March 31, 2004
In Wednesday's newspapers: In The New York Times, Adam Liptak reports that "Prosecutions for Perjury in Legislative Settings Are Unusual." In related news, Neil A. Lewis has an article headlined "Behind the Privilege That in the End Bowed to Politics." In same-sex marriage-related news, "Amendment Isn't Needed, Marriage Law's Author Says" and "New Pall Falls on Gay Wedding Hopes." An article reports that "Clarett's Suit Against the N.F.L. Is Headed to the Court of Appeals." In business news, "Internet Chatter: What's With Juror No. 4?" And Michael Kazin reviews the book "Freethinkers: A History of American Secularism" in an essay entitled "In America's Long Culture War, Under God or Under Citizens?"
The Washington Post, in same-sex marriage-related news, contains articles headlined "Marriage or Union? Mass. Gay Rights Fight at Early Stage; Both Sides Honing Political Strategies" and "For Some, A Sanitized Movement; Activists: Something Lost In Fight for Gay Marriage." An article reports that "Court to Expedite Clarett Appeal." And in business news, "Calmer Tyco Jury Reviews Evidence; No Signs of Acrimony As Testimony Reheard." The Christian Science Monitor contains an article headlined "Gay marriage vote: who won and lost; The complexity of the Massachusetts decision symbolizes a nation locked in marriage ambivalence." And in other news, "Guantanamo holds family at bay; Mother, lawyer, try to learn more about Kurnaz, one of an estimated 20 European detainees at Camp X-Ray." USA Today reports that "Mass. attorney general refuses to seek stay of gay marriages." The Boston Globe, in same-sex marriage-related news, reports that "AG sees gay marriage limit; Says law bars most out-of-staters"; "Reilly says Romney lacks legal argument for a stay"; and "House is urged not to pursue amendment; 1996 marriage act is enough, its author says." In other news, "Drive-by shooting conviction tossed out." And columnist Scot Lehigh has an op-ed entitled "Reilly wins Romney duel." The Los Angeles Times, in same-sex marriage-related news, contains articles headlined "Massachusetts Gears Up for Gay 'I Do's'; There's a 'sense of urgency' that the right to wed, which goes into effect May 17, could be brief if a constitutional ban becomes law"; "'I do' waits for 'We can'; Straight couples use their own wedding plans and relationships as catalysts for change in marriage laws"; and "A knot tied in many ways; Anthropologists and historians point out that the history of matrimony is quite fluid. The constant? Economics." Henry Weinstein reports that "Texas Study Challenges 'Violent Behavior' Predictions; Expert witnesses called by the state were wrong 95% of the time in making such forecasts in capital cases, according to the report." In business news, "FCC to Seek Delay in Phone Case, Sources Say." In sports news, "It's Not a Final NFL Draft Yet; Federal appeals court schedules an expedited hearing in the Clarett case, and a ruling in the league's favor would put Mike Williams in limbo" and "Ruling Might Leave Williams in Limbo." In local news, "Jackson Jury Secrecy Is Challenged; As the grand jury meets in secret again, a media attorney asks appeals court to ease Santa Barbara County D.A.'s restrictions on access to the panel"; "Details Are Disclosed in Case of Alleged Agent; Documents reportedly recount conversations of Katrina Leung with a spy agency official; She has not been charged with espionage"; "Life on a New Track Could Be Derailed by Sentencing Dispute; Legal battle centers on whether woman should serve 65 days"; "State Seeks Court Help on Power Refunds"; and "$2-Million Settlement Paid by Anaheim." Law Professor Jonathan Turley has an op-ed entitled "1 Intransigent Woman Doesn't Do Justice to '12 Angry Men.'" And letters to the editor appear under the heading "God, Atheism and Pledge of Allegiance." Posted at 22:33 by Howard Bashman Ten Commandments news: From Indiana, The South Bend Tribune reports today that "Ten Commandments appeal ahead; Replica removed from display of historical documents in the Elkhart County administration building." From Missouri, The Bolivar Herald-Free Press reports that "Attorney hopes to settle Ten Commandments case." From Tennessee, The Monroe County Advocate & Democrat reports that "County responds to ACLU lawsuit." Finally, from Alabama, The Associated Press reports that "Senate votes for Ten Commandments display." Posted at 22:29 by Howard Bashman "2nd Circuit Mulls Privacy Rights in Computer Monitoring Case": law.com provides this report on a ruling that the U.S. Court of Appeals for the Second Circuit issued yesterday. Posted at 22:22 by Howard Bashman The Associated Press is reporting: Now available online are articles headlined "Judge Asks Doctor if Fetus Can Feel Pain"; "Senate OK's Bush Housing Pick Over Dems"; and "Muslim Army Chaplain Says Commander Biased." Posted at 22:04 by Howard Bashman "Court Tosses More Jail Time for Card Shark": David Kravets of The Associated Press provides this report on a ruling of the U.S. Court of Appeals for the Ninth Circuit that I earlier noted here. Posted at 19:05 by Howard Bashman In today's issue of The San Francisco Chronicle: Bob Egelko reports that "Top court expands authority of customs agents." And in other news, "Same-sex marriage foe assails constitutional ban; Barr says issue should be decided by states." Posted at 17:55 by Howard Bashman Published on April Fool's Day: Thursday's issue of The Courier-Mail of Brisbane, Queensland, Australia contains an article headlined "A judicial reprimand for himself." The article begins, "A judge who demanded to know the name of 'the idiot' who granted bail to a serial burglar discovered yesterday he was talking about himself." Posted at 17:17 by Howard Bashman "Martha Stewart Lawyers Seek New Trial": The Associated Press provides this report. Posted at 17:11 by Howard Bashman "A question of justice in Amish community": This article appeared Sunday in The La Crosse Tribune. Posted at 17:00 by Howard Bashman U.S. Court of Appeals for the Eleventh Circuit affirms trial court decision holding that the PGA Tour did not unlawfully monopolize the market for real-time golf scores: You can access today's ruling at this link. Posted at 16:45 by Howard Bashman "High court limits lawyer freelancing": Today's issue of The Salt Lake Tribune contains an article that begins, "The Utah Supreme Court on Tuesday prohibited lawyers from secretly doing work outside the firm they belong to." You can access yesterday's ruling of the Supreme Court of Utah at this link. Posted at 16:30 by Howard Bashman "Judge: File sharing legal in Canada." c|net News.Com reports here that "Sharing copyrighted works on peer-to-peer networks is legal in Canada, a federal judge ruled on Wednesday, handing the record industry a sharp setback in its international fight against file swappers." And The Toronto Globe and Mail reports that "Court sides with music swappers." Posted at 16:22 by Howard Bashman "Due process 'lite' on trial at high court": Columnist Robert Landauer had this essay yesterday in The Oregonian. Posted at 16:11 by Howard Bashman "High Court Considers Rules for Car Search": Gina Holland of The Associated Press provides this report. Posted at 16:04 by Howard Bashman "Former suspect persists in suit vs. police, Yale": The Yale Daily News today contains an article that begins, "Former political science lecturer James Van de Velde '82 will ask a U.S. District Court judge this week to reconsider the decision to dismiss his lawsuit against the New Haven Police Department and Yale, his attorney said Tuesday." Posted at 14:28 by Howard Bashman Criminal defendant's strategy of punching defense counsel in the face during trial fails to produce acquittal: The Philadelphia Inquirer provides this news update. Next up is the death penalty phase of the trial. Posted at 14:12 by Howard Bashman "Child prosecuted for child pornography -- of herself": Law Professor Eugene Volokh offers these thoughts on this news from western Pennsylvania. Posted at 14:02 by Howard Bashman "The Tale of BedRoc: The Arid Desert of Nevada, Justice Aharon Barak, a Dud Statute that Congress Repealed 40 Years Ago, and Four Trumps Five." Over at "SCOTUSblog," Marty Lederman offers this quite entertaining and informative discourse about today's U.S. Supreme Court ruling in BedRoc Limited, LLC v. United States. Marty's analysis begins, "This was the first -- and almost certainly the last -- occasion for the Court ever to consider, or even to mention in an opinion, the Pittman Underground Water Act of 1919, a miserable failure of a statute that Congress repealed 40 years ago." And later he explains, "This disagreement among the 'majority' paves the way for the plurality of four to prevail." It makes for a very interesting read. Posted at 13:47 by Howard Bashman "We must decide whether extraordinary eyesight may be considered a 'special skill' supporting an enhanced sentence in a casino card cheating scheme." So begins this opinion issued today, on behalf of a unanimous three-judge panel, by Ninth Circuit Judge Diarmuid F. O'Scannlain. Posted at 13:30 by Howard Bashman "Justices broaden FOIA privacy exemption": Tony Mauro has this news analysis online at the First Amendment Center. Posted at 13:15 by Howard Bashman The wire services are reporting: Anne Gearan of The Associated Press reports that "High Court Weighs Sex Harassment Case." In other news, "Ashcroft Returns to Work After Surgery." Reuters, meanwhile, is reporting that "Court Tells U.S. to Review Mexican Death Row Cases" and "U.S. Attorney General Returns to Work After Surgery." Posted at 13:08 by Howard Bashman "Abortion doctors defend procedure": This article appears today in The Omaha World-Herald. The Lincoln Journal Star today reports that "Physician would defy abortion law" and yesterday reported that "Abortion sides meet in court." Bob Egelko has an article today in The San Francisco Chronicle headlined "Abortion law hits poor hardest, S.F. expert says; Head of city's largest clinic tells judge of fears." And in other news, The Houston Chronicle reports that "Challenge to abortion law goes to trial." Posted at 11:22 by Howard Bashman Ninth Circuit nominee William Gerry Myers III will soon become the seventh federal appellate court nominee of President George W. Bush to be filibustered in the U.S. Senate: The Casper Star-Tribune reports today that "Myers faces tough Senate approval." And an article in The Desert Sun is headlined "Dems fight 9th circuit court pick." Posted at 11:11 by Howard Bashman Today's lone U.S. Supreme Court opinion: The Chief Justice announced the judgment of the Court and delivered an opinion in BedRoc Limited, LLC v. United States, No. 02-1593, and the judgment of the U.S. Court of Appeals for the Ninth Circuit was reversed and remanded. Joining in the Chief Justice's opinion were Justices Sandra Day O'Connor, Antonin Scalia, and Anthony M. Kennedy. Justice Clarence Thomas issued an opinion concurring in the judgment, in which Justice Stephen G. Breyer joined. And Justice John Paul Stevens issued a dissenting opinion, in which Justices David H. Souter and Ruth Bader Ginsburg joined. You can access the oral argument transcript here. Fans of The Flintstones know, of course, that the name of their town ends with a "k." Posted at 10:00 by Howard Bashman "20 questions for the appellate judge" update: I am very pleased to announce that Senior Judge Milton I. Shadur of the U.S. District Court for the Northern District of Illinois will be the April 2004 interviewee. Anyone who wonders why a federal district judge will be April 2004's interviewee need merely do a simply Westlaw search to learn that Judge Shadur has sat by designation with panels of the U.S. Courts of Appeals for the D.C., First, Second, Third, Seventh, Ninth, and Tenth Circuits. I had the pleasure of arguing before Judge Shadur in the Third Circuit three years ago on behalf of ADT Security Systems (opinion here). Judge Shadur's "20 questions" interview is scheduled to appear online here on the morning of Monday, April 19, 2004. Posted at 09:50 by Howard Bashman On the agenda: At 10 a.m. today, the Supreme Court of the United States is scheduled to issue one or more opinions in argued cases. The Senate Judiciary Committee hearing that had been scheduled for 10 a.m. today has been postponed. The lone appellate court candidate scheduled to testify was Eighth Circuit nominee William Duane Benton, who currently serves as a judge on the Supreme Court of Missouri. Judge Benton was among the dissenters in yesterday's 4-3 ruling in the Internet adoption case. An executive business meeting of the Senate Judiciary Committee remains scheduled for tomorrow, which happens to be April Fool's Day. Insert your own joke here. Finally, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit will hear oral argument today in the "beef checkoff" case. Stay tuned to find out whether beef's beef is found to be all sizzle but no steak. I'll link to the oral argument audio once the Ninth Circuit posts it online. Posted at 09:30 by Howard Bashman "A Middle Ground: Leave 'under God' in the pledge--and Howard Stern on the air." Alan Bromley has this essay today at OpinionJournal. Posted at 09:30 by Howard Bashman "A Federal Appeals Court Bars Release of 'Partial Birth' Abortion Records, And Offers an Interesting Perspective on Privacy Rights": Law Professor Michael C. Dorf has this essay today at FindLaw. Posted at 09:29 by Howard Bashman In today's edition of The St. Louis Post-Dispatch: Today's newspaper contains articles headlined "High court overturns adoption of Internet twins" and "Lawyers profit most in suit, defendant says." Posted at 09:25 by Howard Bashman Warren Richey is reporting: In today's issue of The Christian Science Monitor, he has articles headlined "When police can search your glove box; The high court hears the case of a man who left his car before police intercepted him and then entered his vehicle" and "In Vincent Foster case, court upholds privacy; The justices unanimously rule that four death-scene photos shouldn't be released." Posted at 09:20 by Howard Bashman "Bizarre Hoaxes On Restaurants Trigger Lawsuits": This article appeared yesterday in The Wall Street Journal. (Via "Obscure Store.") Posted at 07:57 by Howard Bashman In news from Michigan: The Detroit Free Press today contains an article headlined "Conservative majority is altering court's methods; Study shows state justices less likely to reinterpret laws." The article begins, "Four justices who joined the Michigan Supreme Court since 1997 form a solid, conservative majority, a Free Press analysis of cases decided in 2002-03 shows." And a related article is headlined "Highway ruling shows court's differences." Posted at 07:45 by Howard Bashman "Edwards judge resists lawyers' diagnosis": Columnist James Gill has this essay today in The Times-Picayune. Posted at 07:43 by Howard Bashman "Justice steps down in malpractice case": The Houston Chronicle reports here today that "A Texas Supreme Court justice has removed himself from a multimillion-dollar medical malpractice case involving a Houston lawyer who supported the justice's primary opponent." Posted at 07:40 by Howard Bashman "High court to mull academy's mullet case": This article appears today in The Pawtucket Times. Posted at 07:35 by Howard Bashman U.S. Supreme Court news round-up: In The New York Times, Linda Greenhouse reports that "Justices Hear Case About Foreigners' Use of Federal Courts" and "Justices Unanimously Bar Release of Photos From the Suicide of a Top Clinton Aide." In The Washington Post, Charles Lane reports that "Court Hears Cases on Agents' Actions Abroad; U.S. Calls Laws Crucial in Terror, Drug Wars" and "Court Bars Release Of Foster Photos; Family's Right To Privacy Prevails." In The Los Angeles Times, David G. Savage reports that "Abduction Lawsuits Likely to Be Thrown Out; The justices, in hearing the case of a Mexican doctor, indicate that they will avoid a ruling on the role of U.S. courts in international law"; "High Court Upholds Family Privacy in Death Photos; The justices rule 9-0 against forcing the government to release close-up photos of the body of a Clinton aide killed by a gunshot"; and "U.S. Supreme Court Upholds Searches of Vehicles at Borders; In restoring a drug smuggler's conviction, justices rule that inspections at points of entry are constitutional, regardless of their cause." In The Boston Globe, Lyle Denniston reports that "Court weighs reach of rights law; Government says legal disputes clash with foreign policy." The Washington Times reports that "Court considers foreigners' right to sue"; "Foster death photos protected"; and "Supreme Court upholds tank searches at border." USA Today reports that "Government fights kidnapped doctor's suit" and "Justices deny access to photos of Foster's body; Unanimous ruling extends privacy rights." And Anne Gearan of The Associated Press reports that "High Court to Weigh Quitting Under Duress." Posted at 07:05 by Howard Bashman "World Court: U.S. Violated Mexicans' Rights." The Associated Press reports here that "The International Court of Justice on Wednesday ruled that the United States violated the rights of 47 Mexicans on death row and ordered their cases be reviewed." You can access today's ruling via this link, and a press release is available here. Posted at 06:35 by Howard Bashman Tuesday, March 30, 2004
Elsewhere in Tuesday's newspapers: The Boston Globe, in same-sex marriage-related news, reports that "Vote ties civil unions to gay-marriage ban; Romney to seek stay of SJC order"; "Reilly gives governor a hurdle"; "A battle just begun for both supporters, foes; The opponents come face to face on Beacon Hill"; and "In crucial shift, governor sways 15 in GOP to support measure." In business news, "Tyco judge rejects motion for mistrial; But amid row over juror some fear tainted verdict." And an editorial is entitled "A step back."
The Los Angeles Times reports that "3 Trials Tackle Curb on Abortion; Cases challenging a new federal ban on late-term procedures are expected to turn almost solely on the dueling testimony of medical experts." An article reports that "Massachusetts Legislature Moves to Bar Gay Marriages; Lawmakers narrowly agree to amend the constitution but still face a long fight." In somewhat related news, "Acceptance of Gays on Rise, Polls Show; While 30 years' worth of surveys consistently show a majority of Americans against same-sex marriage, they also reveal some remarkable shifts in attitudes." In business news, "Disney the Winner in a Hunny of a Lawsuit; A long tussle over Pooh royalties ends with the judge accusing plaintiffs of stealing documents"; "In Advertising, Governor Accepts No Imitations; Schwarzenegger and his attorneys are vigilant in guarding the use of his image"; and "Judge Denies Pleas for Mistrial in Tyco Case; He rules that the naming of a juror by two newspapers won't preclude a fair trial." In international news, "Fox Tries to Balance Scales of Mexican Justice; The president's proposal would overhaul a system that is often slow and biased; But he may lack the necessary support from legislators." And in celebrity justice-related news, "Jury Is Hidden in Jackson Case; Judge eases ban on interviews or photographs of witnesses and jurors" and "Hearing Postponed; Bryant to Play Friday." The Washington Times reports that "Partial-birth ban debated in court." In other news, "Massachusetts OKs marriage amendment." And Paul Craig Roberts has an op-ed entitled "Legal costs of terror war." Finally for now, USA Today reports, in same-sex marriage-related news, "Gay marriage ban advances; But Massachusetts amendment would allow civil unions" and "Mass. battle enters its next phase; Gay-marriage votes will be election issue." Posted at 23:23 by Howard Bashman "Defense calls jury prospect a perjurer; Woman accused of lying to try to get on murder case panel": Wednesday's issue of The San Francisco Chronicle will contain this article. Posted at 23:19 by Howard Bashman "Guv to state cops: Find out if I was speeding; Rendell asks probe of reports of 100-mph jaunts": This article appears today in The Philadelphia Daily News. Posted at 23:07 by Howard Bashman Available online from law.com: Tony Mauro reports that "High Court Struggles With Alien Tort Statute" and "High Court Takes On Key Employment Law Issues." Jonathan Groner has an article headlined "Miranda Warning: Hardball on the Hill; Shunned over Judiciary Committee memos and out of a job, Manuel Miranda fires back." And in news from California, "Microsoft Settlement Getting Another Look." Posted at 23:04 by Howard Bashman Access online a copy of the letter that the Leadership Conference on Civil Rights sent to CBS News to complain about the "60 Minutes" segment on Fifth Circuit Judge Charles W. Pickering, Sr.: The letter can be viewed at this link. The group also issued a press release entitled "Civil Rights Coalition Outraged by Biased Reporting of '60 Minutes' Reporter." Posted at 23:00 by Howard Bashman "Reps question justice’s ethics": Wednesday's issue of The Hill will contain an article that begins, "In an unusual move, a group of Democratic congressmen has challenged the ethics of a U.S. Supreme Court justice." Posted at 22:57 by Howard Bashman "Supreme Court says Oklahoma's anti-cockfighting law is valid": The AP provides this report on a ruling that the Supreme Court of Oklahoma issued today. Posted at 22:55 by Howard Bashman "Michigan attorney general plans appeal of court ruling on affirmative action petition": The Associated Press offers this coverage. Posted at 22:53 by Howard Bashman "NFL granted expedited appeal on Clarett ruling": CNN/SI provides this report. Posted at 22:50 by Howard Bashman "Supreme Court hears physician's case on suing U.S., citizens": This article will appear in tomorrow's issue of The Dallas Morning News. Posted at 22:30 by Howard Bashman "Supreme Court Denies Release of Foster Photos": NPR's Nina Totenberg had this report (Real Player required) on tonight's broadcast of "All Things Considered." Posted at 19:30 by Howard Bashman "Coalition: News segment on Pickering distorted." This article appears today in The Clarion-Ledger. According to the article, the organization in question is complaining that this past Sunday's "60 Minutes" segment on Fifth Circuit recess appointee Judge Charles W. Pickering, Sr. was too favorable to Judge Pickering. Posted at 19:26 by Howard Bashman The Associated Press is reporting: Anne Gearan reports that "Top Court Considers Mexican Doctor Case." And in other news, "Gay Marriage Plaintiffs in the Spotlight." Posted at 19:20 by Howard Bashman "Daschle Vows to Block All Bush Judicial Nominees": Reuters provides this report. Posted at 19:18 by Howard Bashman "High court sets aside adoption of `Internet twins'": The Associated Press reports here that "A mother who twice offered her twin daughters for adoption over the Internet, then changed her mind, was wrongly denied her parental rights, the Missouri Supreme Court ruled Tuesday while adding that the toddlers' subsequent adoption by foster parents should be set aside." You can access today's 4-3 ruling of the Supreme Court of Missouri at this link. The author of the majority opinion, Judge Richard B. Teitelman, will be the May 2004 participant in this blog's "20 questions for the appellate judge" feature. Posted at 19:17 by Howard Bashman "Justices Deny Lawyer's Bid for Foster Photos; A unanimous Supreme Court rules that former Clinton aide's family has privacy rights that trump the Freedom of Information Act, unless there's proof of wrongdoing": The Los Angeles Times offers this news update from David G. Savage. Posted at 19:10 by Howard Bashman "20 questions for the appellate judge" update: I am so very pleased to report that more than one volunteer came forward today to offer to serve as the April 2004 interviewee. I expect to be able to announce tomorrow who the April 2004 "20 questions" interviewee will be. Posted at 18:11 by Howard Bashman The U.S. Court of Appeals for the Fifth Circuit affirms a ruling of the U.S. District Court for the Northern District of California: You don't see this everyday. Posted at 16:40 by Howard Bashman Available online from NPR's "Day to Day": Today's broadcast included segments entitled "High Court to Review Alien Tort Claims Act"; "ATVs Get Supreme Court Hearing" (featuring Dahlia Lithwick); and "'Partial Birth Abortion' Ban Challenged." And yesterday's broadcast included segments entitled "Massachusetts Lawmakers Ban Same-Sex Marriage"; "Tyco Jury: What Motivates the Holdouts?"; and "How to Pronounce 'Nevada.'" Posted at 16:25 by Howard Bashman "William G. Myers: An 'Activist' Lobbying from the Federal Bench?" The organization People For the American Way issued this press release yesterday. Posted at 16:11 by Howard Bashman "Protecting the Ban on Partial-Birth Abortion: A Trial Notebook by Jay Sekulow." This resource is available online via the Web site of the American Center for Law & Justice. (Thanks to Harry at "Fritz Feds" for the pointer.) Posted at 16:06 by Howard Bashman First Circuit issues en banc decision reinstating Section 2 Voting Rights Act challenge to Rhode Island redistricting: You can access today's ruling at this link. Posted at 14:45 by Howard Bashman "Doctors Testify in Three Abortion Trials": The Associated Press provides this report. Posted at 14:44 by Howard Bashman "Attorney general to gov: Find another lawyer." This article appears today in The Boston Herald. And in related news, "Romney may reap political gain in gay-wed fallout." Posted at 14:40 by Howard Bashman "Trials open on ban of late-term abortions; U.S. defends new law in S.F., 2 other cities": Bob Egelko has this article in today's edition of The San Francisco Chronicle. Posted at 14:27 by Howard Bashman Ten Commandments news: The Idaho Statesman reports today that "Tears precede arrests as the monument is moved; Ten Commandments stone finds new home at St. Michael's." And Reuters reports that "Boise Removes Ten Commandments from Public Park." Meanwhile, from Indiana, The South Bend Tribune reports today that "Religious monument ordered to be removed; Judge rules Ten Commandments marker in Elkhart County building unconstitutional." And The Associated Press reports that "Judge orders removal of Ten Commandments; Elkhart County official is planning an appeal to bring back the display." Posted at 14:20 by Howard Bashman From today's broadcast of NPR's "Morning Edition": This morning's broadcast featured segments entitled "High Court Hears Foreign Abduction Case" (reported by Nina Totenberg); "Mass. Moves Toward Gay Marriage Ban"; "Tyco Jury Resumes Deliberations"; and "Winnie the Pooh Suit Thrown Out." Posted at 12:40 by Howard Bashman "Because of the Remmers decision, we suspend disbelief and proceed on the assumption, mandated by Remmers, that CONS is a religion." Surely prisoners would not invent a religion in an effort to obtain special privileges. See this ruling that the U.S. Court of Appeals for the Eighth Circuit issued today. Posted at 11:45 by Howard Bashman "State's law on sex act challenged; A woman charged under the statute for crimes against nature says sex laws are unconstitutional": The Daily Press of Hampton Roads, Virginia reports here today that "A Newport News woman charged with a felony for receiving oral sex in a car is challenging a state law that prohibits certain types of sex between consenting adults. A police officer says he found the 21-year-old woman in a parked car receiving oral sex from a man about 3 a.m. Jan. 29. Both were charged with a felony under the statute for crimes against nature." Posted at 11:38 by Howard Bashman So much for speculation about an evenly divided U.S. Supreme Court in the Pledge of Allegiance case: Because the Supreme Court of the United States did not announce today that the Ninth Circuit's ruling in the Pledge of Allegiance case was being affirmed by an equally divided Court, it would appear that a majority of the participating Justices agree on how the case should be resolved. Posted at 11:30 by Howard Bashman International Court of Justice at The Hague will deliver its judgment tomorrow in Mexico v. United States of America, a case challenging whether the USA can impose the death sentence on certain Mexican citizens: This press release announced the news. Much more information about this matter can be accessed via this page devoted to the case and via press releases available here. Posted at 11:11 by Howard Bashman "The Brethren (and Sistren)": Law Professor Eric Muller, at his "IsThatLegal?" blog, points to last week's instance of a brother and sister serving together in Wyoming on the same appellate panel. He wants to know whether that has ever happened before, and the fact that two brothers have previously served together on the same appellate panel is simply not responsive. Posted at 11:09 by Howard Bashman "Experts: Polozola's move rare, raises issues." The Advocate of Baton Rouge, Louisiana today contains an article that begins, "U.S. District Judge Frank Polozola's intervention in his own state civil case is virtually unheard of -- and raises the issue of whether he can remain impartial, several legal scholars and others said Monday." Posted at 10:56 by Howard Bashman "Lawyers: Search ruling merits high court review." The Clarion-Ledger today contains this report on a recent, controversial en banc decision of the U.S. Court of Appeals for the Fifth Circuit. Posted at 10:52 by Howard Bashman "Exxon verdict cut to $3.6 billion; Record jury award to Alabama is reduced, but it remains huge; oil company will appeal to state Supreme Court": This article appears today in The Mobile Register. The Dallas Morning News reports that "Exxon Mobil judgment cut 70% to $3.6 billion; Oil giant still plans to appeal award in Alabama fraud case." Reuters reports that "Alabama Court Cuts Exxon Mobil Penalty." And The Associated Press reports that "Judge Cuts Exxon Mobil Verdict to $3.6B." Posted at 10:40 by Howard Bashman The Supreme Court of the United States today issued two opinions in argued cases: 1. Justice Anthony M. Kennedy issued the opinion for a unanimous Court in National Archives and Records Administration v. Favish, No. 02-954, and the judgment under review was reversed and remanded. You can access the oral argument transcript here. 2. The Chief Justice issued the opinion for a unanimous Court in United States v. Flores-Montano, No. 02-1794, and the judgment under review was reversed and remanded. In addition to joining in that opinion, Justice Stephen G. Breyer issued a concurring opinion. You can access the oral argument transcript here. Both of today's reversals came from the U.S. Court of Appeals for the Ninth Circuit. In news coverage, Gina Holland of The Associated Press reports that "High Court Permits Foster Photos Withheld." The AP also reports that "Supreme Court OKs Gas Tank Border Searches." James Vicini of Reuters reports that "Court Bars Release of Vince Foster Death Photos" and "Supreme Court Allows Border Search of Gas Tanks." Posted at 10:00 by Howard Bashman "20 questions for the appellate judge" update: I have some unfortunate news to relay to fans of this blog's monthly "20 questions for the appellate judge" feature. Chief Judge Emeritus Boyce F. Martin, Jr. of the U.S. Court of Appeals for the Sixth Circuit, who volunteered back in November 2003 to be the April 2004 interviewee, reported yesterday that due to the illness of a close family member he currently lacks the time necessary to prepare responses to the written questions that I provided to him earlier this month. Please join me in sending wishes for a prompt and complete recovery to the person in question. Judge Martin remains interested in participating as a "20 questions" interviewee sometime in the future. Through March 2004, there have been fourteen consecutive monthly installments of the "20 questions for the appellate judge" feature. Perhaps for some potential interviewees it is more difficult to plan to participate months in advance than it is to plan weeks in advance. In the hope of salvaging an April 2004 interview, the first federal or state appellate judge to volunteer before 6 p.m. eastern time today can become the April 2004 interviewee. I will provide the interview question in writing before the end of the day Friday, April 2, 2004, and answers will be due on or before Friday, April 16, 2004 for publication on Monday, April 19, 2004. If no federal or state appellate judge volunteers before 6 p.m. today, then there will be no April 2004 "20 questions for the appellate judge" interview. To volunteer, simply send me an email, a process that you can initiate by clicking here. Posted at 09:40 by Howard Bashman "Mothers' health at core of 'partial birth' case": This article appears today in The Omaha World-Herald. Posted at 09:25 by Howard Bashman In Tuesday's newspapers: The New York Times reports that "Trials Open Across Nation on Abortion-Procedure Ban." In same-sex marriage-related news, "Setback Is Dealt to Gay Marriage" and "What Marriage Means to Gays: All That Law Allows Others." In business news, "Judge Dismisses Mistrial Motion in the Tyco Case"; "Tyco Justice Is Known for Skills With People"; and "After 13 Years, Judge Dismisses Case on Pooh Bear Royalties." In local news, "Reporter's Widow Is Making Her Case for a 9/11 Payment" and "Expert Says He Can't Be Sure Williams's Shotgun Misfired." An editorial is entitled "Legal Actions Over Foreign Misdeeds." And Dolly Filartiga has an op-ed entitled "American Courts, Global Justice." The Washington Post reports "In Mass., A Vote to Ban Gay Marriage; Constitutional Amendment Would Allow Civil Unions." In somewhat related news, "Md. House Passes Bill On 'Life Partners'; 103-30 Vote Shows Bipartisan Support." An article reports that "Frenzy Over Juror Won't Stop Tyco Trial; Papers Have Released Name; Judge Rejects Mistrial Motion." In international news, "American Custody Battle Crosses Borders; U.S. Citizens Living Abroad Forced Into German Court by International Agreement" and "Mexican President Submits Plan to Overhaul Justice System." And an article reports that "Judge Delays Lawsuit To Help Anthrax Probe." Posted at 06:55 by Howard Bashman "Courts abuse abortion law, justice says": This article appears today in The Montgomery Advertiser. Posted at 06:40 by Howard Bashman In news coverage from the U.S. Supreme Court: Linda Greenhouse of The New York Times reports that "Supreme Court to Consider Role of Intent in Age Bias" and "Supreme Court to Review Tax Dispute Over Judgments." Charles Lane of The Washington Post reports that "High Court Will Review Age Bias in the Workplace" and "Justices Weigh Challenge To Ala. Execution Method." David G. Savage of The Los Angeles Times reports that "Foreign Abduction Case Goes to Court; The justices today will consider whether a 1789 law allows victims of human rights abuses overseas to file lawsuits in U.S. courtrooms." The Birmingham News reports that "Execution method at issue; Cruelty case before Supreme Court could set precedent." The Salt Lake Tribune reports that "U.S. Justices debate their role in land-use issue." The Deseret Morning News reports that "SUWA-case implications have top court worried." The Pittsburgh Post-Gazette reports that "Top court agrees to hear Export man's gun case appeal." The Oregonian reports that "High court accepts tax case from state; The Oregon matter, consolidated with one from Michigan, raises questions about who should pay federal charges on settlements." The Clarion-Ledger reports that "High court to hear age bias case; Suit brought by JPD officers in '01." And The San Antonio Express-News reports that "Harrelson appeal rejected again." Posted at 06:39 by Howard Bashman Today at 10 a.m. we learn whether the Newdow Pledge of Allegiance case has been affirmed by an equally divided U.S. Supreme Court: If the Court is evenly divided, an order to that effect is likely to issue this morning. If the Court is not evenly divided, no such order will issue today. Stay tuned for complete coverage. Posted at 06:15 by Howard Bashman Monday, March 29, 2004
The Detroit News focuses on Detroit's terror trial: Today's newspaper contains articles headlined "Con man key to terror convictions; Feds initially didn't believe admitted liar, scam artist who later became star witness" and "Detroit defendants showed no defiance; Four terror suspects never confessed, were never belligerent and showed no signs of extremist beliefs." And yesterday's newspaper contained articles headlined "Fed missteps jeopardize terror case; Federal review finds government ignored own rules, withheld more than 100 documents from defense"; "Government leaks, remarks plagued case; Ashcroft, Justice Dept. sidestep federal judge's gag order leading to trial"; and "Infighting leaves Justice Dept. red-faced; Two key figures dumped in terrorist case accuse agency of politicking," along with a graphic headlined "Suspicious sketches."
Posted at 23:55 by Howard Bashman
Elsewhere in Monday's newspapers: USA Today contains an article headlined "Inmate: Injection would be cruel; Justices hear appeal today from convict who says procedure for his execution is unconstitutional." An article reports that "Nothing's certain as Mass. resumes marriage debate." In other news, "X-rated DVDs in vehicles spark outcry; 'Dirty driving' laws proposed." And letters to the editor appear under the heading "Pledge case is 'crazy.'" The Boston Globe reports that "Round 3 on gay marriage today; Complicated moves on ban expected." An article reports that "SJC to weigh suicide's claim vs. Raytheon." And Cathy Young has an op-ed entitled "A tough loss for left in abortion war." The Washington Times reports that "Kerry a firm foe of death penalty." And in other news, "Marriage, same-sex unions to be defined." The Los Angeles Times reports that "West Hollywood Mayor Takes Stand for Gay Marriage; Speaking out in favor of same-sex unions, Jeffrey Prang registers as a domestic partner during City Hall ceremony turned political rally." An article reports that "Ex-Boxer Is Making a Comeback -- in Court." And letters to the editor appear under the headings "Pledge of Allegiance in the Land of the Free" and "Criminal Charges for Refusing Surgery." Posted at 23:35 by Howard Bashman Available online from law.com: Marcia Coyle reports that "High Court to Hear Alien Tort Claims Act Arguments." In news from the Second Circuit, an article is headlined "Hot Bench for Secret Files Appeal." Jonathan Ringel reports that "Miss Nude Contestant Stripped of Court Victory." And an article reports that "Tyco Jury Appears Back on Track After Mistrial Denial." Posted at 23:31 by Howard Bashman "There is admittedly something unsettling about a party bringing a case in a federal court, taking the case to final judgment, losing, and then invoking a jurisdictional defect that it created -- with the result that it escapes from the judgment and returns, albeit in a different venue, to relitigate the merits." That passage is found in "an eschatocol of sorts" at the conclusion of this decision that the U.S. Court of Appeals for the First Circuit issued today in an appeal presenting an issue that "could easily pass for a law school examination question in federal civil procedure." Posted at 23:17 by Howard Bashman A reader who supports the confirmation of Charles W. Pickering, Sr. to the U.S. Court of Appeals for the Fifth Circuit emails: In reaction to last night's "60 Minutes" broadcast, the following email arrived this evening: Probably overkill at this point, but someone needs to point out the following in response to Schumer's "racial insensitivity" argument: Pickering's reputation in Mississippi is as a judge who seeks to mete out individual justice for both black and white defendants. No one would ever accuse him of being a fan of the Sentencing Guidelines (he wrote to Senator Kennedy during the PROTECT Act/Feeney Amendment debate decrying the rigidity of the Guidelines and encouraging Kennedy to continue to wage the fight to repeal Feeney), and in fact he is well-known as a judge who attempts to get around the Guidelines in an effort to help non-violent drug offenders. The following four cases were cited to no avail throughout his confirmation battle:More information on yesterday's "60 Minutes" segment can be accessed here. Posted at 23:05 by Howard Bashman "Three Courts Hear Challenges to Abortion Ban": The Los Angeles Times provides this news update. The New York Times provides an update headlined "U.S. Courts Hearing Challenges to New Abortion Law." The Chicago Tribune reports that "Arguments begin over abortion ban; 3 trials address federal law against disputed method." Reuters reports that "Abortion Ban Battled in Three Courts." Newsday offers an update headlined "Lawyer: abortion ban unconstitutional." law.com reports that "Federal Trial Opens Over Late Abortion Ban; 'Partial birth' statute challenged as failing to define 'criminal' acts." Michael Kirkland of United Press International has a news analysis headlined "'Partial-birth' ban at risk." The PBS program "NewsHour with Jim Lehrer" this evening offered a debate between Gloria Feldt, president of Planned Parenthood Federation of America, and Jay Sekulow, chief counsel for the American Center for Law and Justice. And online at Slate, William Saletan has an essay entitled "Face the Fetus: It's time for abortion rights advocates to stop denying reality." Posted at 22:42 by Howard Bashman Sometimes the Federal Sentencing Guidelines make perfect sense: Today the U.S. Court of Appeals for the Eleventh Circuit issued a decision holding that those who make counterfeit currency using plain paper are subject to more time in prison than those who bleach actual paper currency and then photocopy a larger denomination onto it. Posted at 19:25 by Howard Bashman "Killing reveals dangers of Web porn, experts say; Natel King traveled alone across North America for modeling jobs; A photographer has been charged with her death": This article appears today in The Philadelphia Inquirer. Posted at 19:16 by Howard Bashman The Associated Press is reporting: Now available online are articles headlined "Muslim Army chaplain appeals adultery, pornography reprimands"; "Gay Marriage Ban Passes 1st Step in Mass." and "Slave Descendants File $1B Lawsuit." Posted at 19:10 by Howard Bashman From today's issue of The Virgin Islands Daily News: Today's newspaper contains a series of related articles headlined "A year after drug bust, case against high-profile attorney in limbo; V.I. officials' handling of case raises question of preferential treatment for aggressive lawyer"; "Lawsuit accuses Rohn of malpractice, negligence; St. Croix private investigator accuses his ex-attorney of professional misconduct"; "From judges to opponents, Rohn has no shortage of harsh critics"; and "Rohn and colleague threaten Daily News reporter." Posted at 19:00 by Howard Bashman "The Pledge at the Court: Is 'under God' religious?" Charles C. Haynes has this essay online at the First Amendment Center. Posted at 18:53 by Howard Bashman Available online from National Public Radio: This evening's broadcast of "All Things Considered" included segments entitled "Abortion-Rights Groups Test Law in Courts"; "Mass. Legislators Approve Civil Unions"; "Brown v. Board: Schools, Race in 2004"; and "Change in Student-Aid Drug Law Urged" (Real Player required). And today's broadcast of "Talk of the Nation" included segments entitled "Jury Dynamics" and "Saddam's Lawyer" (Real Player required). Posted at 18:44 by Howard Bashman "Where the Wild Things Are: The Supreme Court considers our wide open spaces." Dahlia Lithwick has this report online at Slate. Posted at 17:56 by Howard Bashman "When can foreigners sue in US courts? A case at the high court involving a Mexican doctor could affect multinational companies and the terror war." Warren Richey will have this article in Tuesday's issue of The Christian Science Monitor. Posted at 17:46 by Howard Bashman The U.S. Court of Appeals for the Eleventh Circuit decides an especially complex tobacco products liability appeal involving Alabama law: You can access today's ruling at this link. Posted at 17:26 by Howard Bashman Christopher Robin could not be reached for comment: The Los Angeles Times reports that "Judge Ends Lawsuit Against Disney; Jurist finds that plaintiffs obtained evidence improperly; The 13-year-old litigation claimed Disney withheld royalties for use of some Winnie the Pooh characters." The order terminating the suit can be accessed here. Posted at 16:42 by Howard Bashman Citizens for the Common Defence files amicus brief in support of federal government in the Hamdi v. Rumsfeld case: You can access the amicus brief, filed by attorney Adam H. Charnes, at this link. You can access a partial list of the group's members, including some names you are likely to recognize, by clicking here. Posted at 16:02 by Howard Bashman "Court insiders resent 'hellhole' label": This article appears today in The Telegraph of Alton, Illinois. Is this newsworthy because some courts would pride themselves in being known as hellholes? Posted at 15:54 by Howard Bashman "Barcinas nominated for judge post; Attorney says he would bring dedication to the bench": Tuesday's edition of The Pacific Daily News of Guam contains |