How Appealing

Monday, May 31, 2004
In today's and yesterday's newspapers: The Boston Globe today reports that "Lawmakers raise concerns over shadowing of Ill. candidate; Seek 'privacy zone' to bar videotaping." And Cathy Young has an op-ed entitled "School equality: a black responsibility?" Sunday's newspaper contained an obituary headlined "Archibald Cox, 92; his probe helped unravel a presidency." Peter Brooks had an op-ed entitled "The 'two-step' around Miranda." And columnist Jeff Jacoby had an op-ed entitled "Vouchers and equal education."

The Los Angeles Times today reports that "Man Bankrolls Initiative to Change 3-Strikes Law; He spends $1.56 million in a bid that would mean fewer long terms, offer hope to his inmate son." In other news, "Judge Upholds Lap Dance Ban in La Habra; Ruling that the activity does not constitute protected speech, jurist dismisses a strip club owner's lawsuit; An appeal is planned." An article reports that "Grasso Suit Not Cut and Dried Case; Attempt by New York Atty. Gen. Spitzer to recover more than $100 million from former NYSE chief has some weaknesses." And Shawn Macomber has an op-ed entitled "Federal Sharks Circle Big Tobacco." Sunday's newspaper contained an article headlined "Teens in a 'Sexplosion'? Or Is It All Just Talk? Lawyers defending three youths in an O.C. rape case say the group sex was consensual and that it's common; Experts and teenagers disagree." An obituary was headlined "Special Prosecutor Fired by Nixon Over Watergate Probe." In other news, "Santa Barbara Judge Due in Court on New Charges; Eight months after being tried in a battery and drunk-driving case, the jurist is accused of violating campaign laws." And an article reports that "Students Rally for Same-Sex Marriages."

The New York Times reports today that "Military Completed Death Certificates for 20 Prisoners Only After Months Passed." In technology-related news, "When Software Fails to Stop Spam, It's Time to Bring In the Detectives" and "U.S. Steps Up Push Against Online Casinos by Seizing Cash." And in local news, "Can Prints Lie? Yes, Man Finds to His Dismay." Sunday's newspaper contained business-related articles headlined "Lawsuits: This Year's Model" and "The Portrait of a Family, as Painted at a Fraud Trial."

The Washington Post reports today that "Eliot Spitzer Spoils for a Fight; Opponents Blast Unusual Tactics of N.Y. Attorney General." And Heather Mac Donald has an op-ed entitled "Common Sense and Computer Analysis." Sunday's newspaper contained obituaries headlined "Watergate Prosecutor Faced Down the President" and "Watergate Committee Chief Counsel Samuel Dash Dies." An article reports that "Challenges Beset Low-Cost Paralegal Aid." In local news, "Criminal Charges Halted in Underage Alcohol Cases; D.C. Police Chief 'Not Happy' With Judge Deeming Possession a Civil Infraction." And an editorial is entitled "You Only Die Once."

Finally, OpinionJournal today offers an essay by Douglas J. Feith entitled "Conventional Warfare: The Pentagon and the military respect the Geneva Conventions."
Posted at 23:00 by Howard Bashman



A round of applause for the "elite" media: Daniel W. Drezner examines "Which blogs are read by the media?"
Posted at 22:58 by Howard Bashman



Columnists disagree over whether the text of the 21st Amendment to the U.S. Constitution should take precedence over the "dormant" Commerce Clause, which is nowhere to be found in the document's text: Arguing in favor of the 21st Amendment, columnist Steve Chapman had an essay entitled "State borders: Damming the wine flow" yesterday in The Chicago Tribune. Arguing the contrary position is Seattle Times columnist Kate Riley in an essay published today entitled "Courts shouldn't bottle up Washington's wines."
Posted at 22:31 by Howard Bashman



"Is there a humane way to put convicts to death? Supreme Court decision may mean revisiting century-old argument in North Carolina." Jack Betts had this essay yesterday in The Charlotte Observer.
Posted at 22:27 by Howard Bashman



The Pledge of Allegiance is proving controversial in Portland, Maine's public schools: An article headlined "City parents pledge resistance" appeared yesterday in The Portland Press Herald.
Posted at 22:24 by Howard Bashman



"Arbitration trend fuels consumer lawsuits; Firms put binding terms in contracts": The Chicago Tribune yesterday contained an article which reported that "Compulsory arbitration was supposed to unclog the courts, but the practice has spurred a growing number of lawsuits across the country attacking arbitration as anti-consumer."
Posted at 22:22 by Howard Bashman



"Mayfield's luck: Only 2 weeks under false arrest." This editorial appeared yesterday in Newsday.
Posted at 22:20 by Howard Bashman



Coming soon to a newsstand near you: The June 7, 2004 issue of Newsweek contains articles headlined "The Wrong Man: Brandon Mayfield speaks out on a badly botched arrest"; "Peterson Trial: A Boom Goes Bust"; and "A Fight on His Hands: Eliot Spitzer is on a sharp trajectory to higher office; The Grasso case could mean some nasty turbulence." And the June 7, 2004 issue of Time magazine contains an article headlined "When God Is The Warden: The nation's first faith-based prison mixes religion and rehab -- and stirs up controversy."
Posted at 22:13 by Howard Bashman



"Black enrollment down at Berkeley; Only 98 African-American students registered for fall -- a 30 percent drop": The Associated Press provides this report from California. Meanwhile, The Detroit News reported yesterday that "U-M may have unintentionally written off top pool of minorities."
Posted at 22:12 by Howard Bashman



"RIP: Watergate Legal Giants." CBS News analyst Andrew Cohen today has this essay.
Posted at 22:03 by Howard Bashman



"Historical plaza bid over budget": Yesterday's issue of The Casper Star Tribune contained this article reporting on a plaza in which the City of Casper, Wyoming is planning to display "a controversial Ten Commandments monument along with five other monuments honoring documents important to the development of American law."
Posted at 20:04 by Howard Bashman



"GOP Looks to Limit Class-Action Suits": Jesse J. Holland of The Associated Press reports here that "After trying to curb class-action suits for years, Republicans finally have enough support to ram legislation through the Senate to limit what they call an overabundance of frivolous cases against American businesses."
Posted at 19:38 by Howard Bashman



Available online from National Public Radio: Today's broadcast of "Morning Edition" contained segments entitled "Ten Commandments Case Surfaces in Alabama GOP Primary" and "Iraq Family Seeks Compensation for Son's Death."

And yesterday's broadcast of "Weekend Edition - Sunday" contained a segment entitled "Lynndie England's Lawyer Sets Strategy."
Posted at 16:30 by Howard Bashman



"Legal styles collide in Redwood City": The San Francisco Chronicle today contains two articles previewing the Scott Peterson trial. One article is headlined "Prosecution: Is the charisma gap a benefit or burden?" The other article is headlined "Defense: More behind Geragos than celeb power."
Posted at 10:00 by Howard Bashman



"Legal fray of assisted suicide smolders; Attorney General John Ashcroft is weighing next move": The Salem Statesman Journal yesterday contained this article. And a related article was headlined "Assisted-suicide ruling may affect medical-marijuana use." Relatedly, The Cincinnati Enquirer today contains an editorial entitled "Appeals court right to rebuke Ashcroft."
Posted at 09:57 by Howard Bashman



Available online from The Houston Chronicle: Today's newspaper contains articles headlined "Texas lacking standards on retardation in capital cases" and "Strayhorn under fire for religion litmus test; Tax-status denials draw controversy."

And yesterday's newspaper contained editorials entitled "Delusional: Treat mentally ill before they commit a capital crime" and "10 percent rule: Unintended consequences in seeking diversity."
Posted at 09:46 by Howard Bashman



"Cross in seal worth a fight? County supervisors to vote." The Los Angeles Daily News today contains an article that begins, "A threat by the American Civil Liberties Union of Southern California to sue Los Angeles County government unless it removes a cross from the official county seal is expected to generate heated debate Tuesday when the Board of Supervisors votes on whether to fight the demand." My earlier coverage of this news can be accessed here.
Posted at 09:21 by Howard Bashman



"What's in a name? For some, a great deal." This article appears today in The Trenton Times.
Posted at 09:17 by Howard Bashman



"Locals have role in beef checkoff case; Decision could be year or so away": The Aberdeen American News contains this article today.
Posted at 09:15 by Howard Bashman



"Local man takes e-mail prankster to court": This article appears today in The Portland (Me.) Press Herald.
Posted at 09:00 by Howard Bashman



Sunday, May 30, 2004
"The man behind all the bad decisions": St. Petersburg Times columnist Robyn E. Blumner today has an essay in which she writes, "there is perhaps no figure who has his fingerprints on more short-sighted, backward and counterproductive Bush administration policies than does White House Counsel Alberto Gonzales."
Posted at 11:18 by Howard Bashman



"City Hall same-sex nuptials in limbo; It's unclear if state Supreme Court will invalidate them": The San Francisco Chronicle today contains this article by Bob Egelko.
Posted at 11:10 by Howard Bashman



"Supreme Court to Deliver Key Decisions; Rulings are coming on Bush's actions in the war on terrorism and the words 'under God' in Pledge of Allegiance": David G. Savage has this article today in The Los Angeles Times.
Posted at 11:00 by Howard Bashman



"A&M programs to consider race; Change applies to health sciences": Yesterday's edition of The Houston Chronicle contained this article. In related coverage, The Bryan-College Station Eagle reported yesterday that "A&M regents approve race factor." And The San Antonio Express-News reported yesterday that "A&M minority enrollment is up."
Posted at 10:45 by Howard Bashman



"Fight over county seal is ill-timed": Joseph Honig had this op-ed in Friday's issue of The Los Angeles Daily News.
Posted at 10:41 by Howard Bashman



"Ruling points to command responsibility": Columnist Robert Landauer, in yesterday's issue of The Oregonian, had an essay that begins, "It is urgent on this Memorial Day weekend to revisit a 1946 U.S. Supreme Court case. Its principles ought to echo through Iraqi prison cellblocks and Pentagon offices. We look back at this case to help us apply lessons from prior experience to current and future conduct." The decision in question from 1946 can be accessed at this link.
Posted at 10:38 by Howard Bashman



"Safe passage for judges; A temporary break in the judicial-nominee wars is highly welcome": This editorial appeared Thursday in The Omaha World-Herald.
Posted at 10:36 by Howard Bashman



"A.G. wants judge off of school case; Brief filed with Supreme Court says rulings have politicized funding issue": The Lawrence (Kan.) Journal-World contained this article yesterday.
Posted at 10:35 by Howard Bashman



"Lethal-injection drug under attack": This article appeared yesterday in The Birmingham News.
Posted at 10:33 by Howard Bashman



Saturday, May 29, 2004
In Saturday's newspapers: The Washington Times contains an article headlined "Deportation blocked; fetus 'American.'"

The Los Angeles Times contains an article headlined "A Fuzzy Fingerprint Leaves a Lasting Mark." In regional news, "Sept. 13 Is Chosen for Start of Jackson Molestation Trial; Date is months ahead of the predicted timetable; The judge has warned prosecutors and the defense that he would resist efforts at delay"; "Man Cleared in SUV Fires Gets Apology, Cash"; "Rape Case Investigators Miss Court Appearance; San Bernardino County judge rescinds warrants issued for defense team members in Haidl suit"; "State Asked to Rethink E-Voting Decision"; and "Larry Flynt, Gardena's Civic Treasure; The magazine mogul's Hustler Casino is a key source of revenue; And it could grow." And letters to the editor appear under the heading "ACLU Has Its Wires Crossed."

The New York Times reports that "Southern Town Struggles With a Violent Legacy." And letters to the editor appear under the headings "Code of Judicial Conduct"; "Fearing Terror, and the F.B.I."; and "Military Justice."

The Washington Post reports that "Soldier to Face Military Court in N.C.; Pfc. England's Hearing in Prisoner Case First on U.S. Soil." In other news, "Ashcroft Chooses Interim U.S. Attorney; FBI Official Served In D.C. Post Before." And Law Professor Jennifer L. Mnookin has an op-ed entitled "The Achilles' Heel of Fingerprints."
Posted at 23:40 by Howard Bashman



"Terrorists Have No Geneva Rights: Don't blur the lines between Guantanamo and Abu Ghraib." Law Professor John Yoo has this essay online today at Opinion Journal.
Posted at 23:24 by Howard Bashman



"The temporary truce between President Bush and Senate Democrats over judicial nominees does not mean J. Leon Holmes, attacked because of his religious beliefs, will be confirmed as a federal district judge in Arkansas." So columnist Robert Novak writes in the final item contained in his essay published today at Townhall.com.
Posted at 23:15 by Howard Bashman



"Stairway to Justice": This essay by Harriet McBryde Johnson appears in tomorrow's issue of The New York Times Magazine. (So much for the theory that I only read The NYTimes Magazine for the articles about teens having sex.)
Posted at 23:10 by Howard Bashman



"Slain Postman's Mother Can Sue Weapon Makers; Ruling in case resulting from a 1999 Valley rampage brings strong dissent from some appeals court judges": Henry Weinstein has this article today in The Los Angeles Times. David Kravets of The Associated Press reports that "Appeals court stands firm on gun industry lawsuit." And Reuters reports that "U.S. Court Allows Lawsuit Against Gun Maker." My write-up of yesterday's development from the U.S. Court of Appeals for the Ninth Circuit can be accessed here.
Posted at 20:28 by Howard Bashman



Justice Clarence Thomas's father-in-law won't remove flag from balcony: The Associated Press provides this report from Omaha, Nebraska.
Posted at 20:11 by Howard Bashman



"Amtrak ordered to pay $500,000 in racial slur lawsuit": Bob Egelko has this report today in The San Francisco Chronicle. And Josh Richman reports today in The Oakland Tribune that "Hayward man wins $500,000 in Amtrak discrimination case; 51-year-old said Oakland train yard a hostile work environment." Amtrak previously took this case to the U.S. Supreme Court but failed to get the suit tossed as time-barred. The Supreme Court issued its ruling in the case on June 10, 2002, and I provided this summary of the ruling (see item four) later that day.
Posted at 20:00 by Howard Bashman



"State Supreme Court Justice James Gilbert to leave bench": Today's issue of The Minneapolis Star Tribune contains this article. And The St. Paul Pioneer Press reports that "Gilbert leaving high court."
Posted at 19:52 by Howard Bashman



"Bush names 12 recess appointments": United Press International provides this report on yesterday's news from the White House. Hmmm, I wonder if any of yesterday's recess appointments were for Article III judgeships?
Posted at 19:46 by Howard Bashman



"Utah judge joins surveillance court": The Deseret News today contains an article that begins, "One of Utah's federal judges will be among the 11 judges serving on an intelligence surveillance court in the nation's capital. U.S. District Judge Dee Benson has been appointed by U.S. Supreme Court Chief Justice William H. Rehnquist to the Foreign Intelligence Surveillance Court, which is charged by a 1978 statute with granting or denying governmental requests to perform electronic surveillance without a warrant."
Posted at 19:41 by Howard Bashman



"Judge rules being called homosexual is not libelous": The Associated Press provides this report from Boston. In related coverage, The Boston Globe today reports that "Suit filed by ex-Madonna beau rejected; Gay-marriage law used by judge in dismissal." A copy of the ruling does not yet appear to be available online via the Web site of the U.S. District Court for the District of Massachusetts.
Posted at 19:35 by Howard Bashman



"Schwarzenegger Sees Money for State in Punitive Damages": Adam Liptak will have this article in Sunday's issue of The New York Times.
Posted at 19:34 by Howard Bashman



"The Big Name in Alabama's Primary Isn't on the Ballot": Sunday's issue of The New York Times will contain an article that begins, "Roy S. Moore's coattails would not seem to have much to recommend them."
Posted at 19:30 by Howard Bashman



On the agenda: To kick-off the holiday weekend, my son and I will be attending this afternoon's baseball game between the Philadelphia Phillies and the Atlanta Braves at brand-new Citizens Bank Park in Philadelphia. Long-time readers of this blog already know which team we'll be rooting for.

Update: The Braves won 9-3. And J.D. Drew's response to the reception he regularly receives in Philadelphia -- no, they're not saying "Drewwwww" -- was to smack a 2-run homer in the third inning.
Posted at 09:24 by Howard Bashman



Friday, May 28, 2004
The Los Angeles Times is reporting: Today's newspaper reports that "Jury in Peterson's Murder Trial Selected; Opening statements are set Tuesday; The panel will decide whether the Modesto man killed his wife and unborn son." In celebrity-related news, "Judge Orders Streisand to Pay $177,000 for Photographer's Legal Fees; The singer's $10-million lawsuit over an online image of her property was dismissed"; "Judge in Jackson Case Is Pressing for an Early Trial; The pop singer's lawyers contend that prosecutors have been slow in turning over evidence in the alleged molestation"; and "Still No Trial Date for Bryant; Judge blames delay on prosecution, which wants to retest DNA samples; Next hearing is June 21." In regional news, "Rape Trial Witnesses Challenged; The prosecution in a high-profile case against three teens attacks the credibility of testimony"; "Jury Rejects Claims Against Rezulin; Panel rules the diabetes drug can hurt liver but didn't cause two deaths or a man's illness; Hundreds of other cases are pending in L.A."; "Jury in Rape Case Deadlocks; Panelists fail to agree on charges against three young men accused of sexually assaulting a UCLA student; One is convicted in another incident"; and "Tool Firm Loses Suit on USA Labels." A front page article is headlined "Cashiered Over Cache in Baghdad; When GIs stumbled on multimillion-dollar stash, Matt Novak dived in; He then 'tried to make it right,' but thinks he got a raw deal." And Law Professor Mitchell Berman has an op-ed entitled "Putting Fairness on the Map; The high court has a chance to ease flagrant partisan gerrymandering."

Thursday's newspaper reported that "Court Rejects Ashcroft, Backs Suicide Law; In a 2-1 ruling, appeals justices say that the attorney general exceeded his authority when he targeted Oregon's measure." In other news, "GIs Told to Cooperate in Abuse Probe; General in Iraq issues a memo after three people refuse to testify and soldiers talk about how the Abu Ghraib scandal has lowered morale." An article reports that "Nichols Guilty in Oklahoma Trial; His conviction on 161 state murder counts in the 1995 bombing was 'long overdue,' a victim's mother says; Jurors will decide his fate next." In news from Colorado, "Prosecutors Seek New DNA Tests; Original results contradict Bryant accuser's statements to investigators; Setting of a trial date might be affected." In regional news, "Friends Testify in Rape Trial; Associates contradict the recollection of the alleged victim of gang rape on several points; The three are the first defense witnesses." And letters to the editor appear under the headings "Doubts on Diverting Punitive Damages" and "Teen Girls Often Won't Report 'Drug Rapes.'"
Posted at 22:30 by Howard Bashman



"Wise Counsel: Appoint a special counsel to investigate Geneva violations." Law Professor Neal Katyal has this jurisprudence essay online at Slate.
Posted at 17:10 by Howard Bashman



A student's constitutional tort claims arising from punishment received for performing silent fist-raising salute during recitation of the Pledge of Allegiance in public school gives rise to 118-page Eleventh Circuit ruling: You can access today's ruling of the U.S. Court of Appeals for the Eleventh Circuit at this link. Circuit Judge Charles R. Wilson dissents in part, because in his view the student "does not have a First Amendment right to raise his clenched fist in the air during the school’s recitation of the Pledge any more than he would have a First Amendment right to raise his fist in the air during math class."
Posted at 16:58 by Howard Bashman



Pre-holiday weekend judicial confirmation controversy round-up: At WorldNetDaily.com, Jane Chastain yesterday had an essay entitled "Bush throws in towel on judiciary." Offering an opposing view, The Winston-Salem Journal yesterday published an editorial entitled "Mature Solution."

On Wednesday, The Birmingham News published an editorial entitled "Sierra Club dud: Environmental group should support, not oppose, Pryor." And Grist Magazine on Wednesday offered an article entitled "Pryor Restraint: Sierra Club fights appointment of right-wing federal judge."
Posted at 16:42 by Howard Bashman



"Kansas Supreme Court to Hear ACLU Appeal of 17-Year Prison Sentence for Gay Teenager": The ACLU yesterday issued a press release that begins, "The Kansas Supreme Court has agreed to consider the American Civil Liberties Union's appeal on behalf of a gay teenager who was sentenced to 17 years in prison for consensual oral sex, the ACLU said today. Matthew Limon has already been in prison for four years and three months -- three and a half times longer than the maximum sentence he would have received if he were heterosexual."
Posted at 16:27 by Howard Bashman



"ACLJ Files Brief on Behalf of Members of Congress Asking Federal Court in New York to Uphold Constitutionality of National Ban on Partial-Birth Abortion": The American Center for Law and Justice yesterday issued this press release. A copy of the brief can be accessed at this link (36-page PDF file).
Posted at 16:21 by Howard Bashman



"How Can I Sex Up This Blog Business? Hot gossip! Cool gadgets! Gawker & Gizmodo, Fleshbot & Wonkette! Inside Nick Denton's plan to become the nanopublishing media mogul." This article appears in the June 2004 issue of Wired magazine. And speaking of the "Gawker" blog, today it has a post entitled "Paul, Hastings: 'Gossips, Backstabbers and Napoleonic Personalities.'"
Posted at 16:11 by Howard Bashman



Dusting off the electric chair in South Carolina: In just about two hours from now, James Neil Tucker is scheduled to be executed in South Carolina's electric chair. The Associated Press reports here that "Tucker will be the first inmate in the nation to be electrocuted in more than a year and the first in South Carolina since 1996." The article also explains that "Tucker, 47, didn't actually [affirmatively] choose the electric chair. Under South Carolina law, any inmate sent to death row before June 1995 can ask to die by lethal injection. But if no decision is made, the condemned go to the chair by default." Relatedly, today's edition of The Times and Democrat of Orangeburg, South Carolina contains an editorial arguing that "Lethal injection should replace electric chairs, gas chambers, firing squads."
Posted at 16:03 by Howard Bashman



"Justices question role on legislator eligibility": The Reno Gazette-Journal today contains an article that begins, "The Nevada Supreme Court heard arguments Thursday on whether government employees legally can serve as state lawmakers, but justices appeared reluctant to decide the matter before it first passes through district court."
Posted at 16:00 by Howard Bashman



"The Pennsylvania Superior Court's Policy Of Prohibiting Citation To Unpublished Opinions May Not Be Unconstitutional, But That Policy Nevertheless Should Be Abandoned": The May 2004 installment of my monthly appellate column published in The Legal Intelligencer, which this month law.com graciously included in one of its nationwide electronic newsletters, now can be accessed free-of-charge at this link. The ruling that inspired this month's column can be accessed here.
Posted at 15:30 by Howard Bashman



"Carcieri nominates lawyer Robinson to Supreme Court; A General Assembly spokesman says it's possible to have a confirmation vote before the legislature adjourns in a month or so": The Providence Journal today contains an article that begins, "Governor Carcieri yesterday nominated lawyer William P. Robinson III for a Rhode Island Supreme Court vacancy, citing his appellate trial experience and 'considerable intellectual prowess.'"
Posted at 15:27 by Howard Bashman



In news and commentary pertaining to Oregon: The Salem Statesman Journal reports today that "Gay-marriage legal case heads to Oregon Court of Appeals." And The Oregonian reports that "Residue of arrest clutters Mayfield's present, future; The lawyer joins the unfortunate few who have faced the task of rebuilding their lives after being falsely linked to heinous crimes."

In commentary, today The Las Vegas Review-Journal contains an editorial entitled "Assisted suicide." And Detroit Free Press columnist Brian Dickerson today has an essay entitled "Court hands liberty a win over Ashcroft."
Posted at 15:15 by Howard Bashman



The Associated Press is reporting: Now available online are articles headlined "Falun Gong asks court to reinstate lawsuit against Jiang Zemin" and "Trial Merges Terror Charges, Free Speech."
Posted at 14:50 by Howard Bashman



Eight judges dissent, but the Ninth Circuit denies rehearing en banc in case recognizing causes of action for negligence and public nuisance against the manufacturers and distributor of guns used in the Los Angeles-area Jewish Community Center shootings nearly five years ago: You can access at this link today's order of the U.S. Court of Appeals for the Ninth Circuit denying rehearing en banc. Circuit Judge Consuelo M. Callahan wrote the principal dissent, and Circuit Judge Alex Kozinski chimed in with a few additional words.

The ruling of the original divided three-judge panel thus remains the law of the Ninth Circuit. Circuit Judge Richard A. Paez wrote that decision, in which Circuit Judge Sidney R. Thomas joined. I had this write-up concerning the three-judge panel's ruling on the day it issued back in November 2003.
Posted at 13:58 by Howard Bashman



"U-M's next class looks whiter; why is debated; Confusion cited on court ruling; form to apply is harder": This article appears today in The Detroit Free Press. The Detroit News reports that "U-M draws fewer minorities; Applications down 21%, but officials say they're on track." The Ann Arbor News reports that "Fewer blacks apply to U-M; Officials report drop in number of students putting down deposits" and "Race petitions put off until '06."

Meanwhile, from California, The Daily Bruin today reports that "Bill may let UC consider race."
Posted at 12:23 by Howard Bashman



Today's Ten Commandments news: The Salt Lake Tribune reports that "Judge says Summum religion likely to win monument case." (For more information about the Summum religion, see my post from July 19, 2002.) And from Alabama, The Birmingham News reports that "Hoover chamber tells AG: Commandments pin political."
Posted at 11:52 by Howard Bashman



"Quick Verdict A Favor To Nichols?" CBS News analyst Andrew Cohen has this essay.
Posted at 11:31 by Howard Bashman



But where does he stand on thespian marriage? Thanks much to the reader who emailed to note that I overlooked Al Kamen's "In the Loop" column today in The Washington Post. Therein, Kamen writes:
Special-Interest Amendment?

Typo of the year: This from Supreme Court Chief Justice William H. Rehnquist, in his book "Centennial Crisis." On Page 217, there's a discussion of the Civil Rights Cases of 1883. The high court struck down the 1875 Civil Rights Act, he wrote, "saying that the Fourteenth Amendment was directed to stage actors and not the conduct of private owners of public accommodations."

Is this what's commonly known as the infamous "Thespian Clause"? Should have read "state" actors, or state officials.
The quoted passage appears as the fourth item in Kamen's column published today.
Posted at 11:10 by Howard Bashman



The Associated Press is reporting: Now available online are articles headlined "Court Lifts Abortion Law Restraining Order"; "Shoe Bomber Can't Have Uncensored Time"; "Peterson Jurors Open to Death Penalty"; "Laci Peterson Law Keep Mexican in U.S."; and "N.C. Lawyer to Give Info on Dead Suspect."
Posted at 09:00 by Howard Bashman



"High court to decide whether poem constitutes threat; San Jose teen wrote of killing students at school with guns": In today's issue of The San Francisco Chronicle, Bob Egelko has an article that begins, "The California Supreme Court pondered literary freedom, school safety and one justice's vision of a rhyming bank robber Thursday as it tried to decide whether a San Jose teenager was a misunderstood poet or a public menace." Howard Mintz of The San Jose Mercury News has an article headlined "Poetic license or intent to kill? State court weighs what San Jose student meant." Maura Dolan of The Los Angeles Times reports that "Boy's 'Violent Poem' Conviction Is Appealed; The state Supreme Court takes up the case of a teenager who, in the wake of the Columbine shootings, wrote about taking guns to school." And David Kravets of The Associated Press reports that "Calif. Court to Decide on Violent Poetry."
Posted at 07:17 by Howard Bashman



Available online from law.com: Marcia Coyle has an article headlined "Watching Out for 'Lane' Changes; Scope of Title II still unclear after high court decision on ADA, states' rights." And in news from Florida, "$26.5M Benlate Award Tossed Over Improper Jury Instruction."
Posted at 07:11 by Howard Bashman



In Friday's newspapers: The New York Times reports that "Rowland Sues to Prevent Having to Appear at Inquiry." An obituary is headlined "Prentice H. Marshall, Federal Judge, Dies at 77." An editorial is entitled "The Rights of the Terminally Ill." And Law Professor Joseph A. Grundfest has an op-ed entitled "How Much Is Too Much?"

The Washington Post reports that "Former Rite Aid Chairman Gets 8 Years; Martin L. Grass Pleaded Guilty in Fraud Conspiracy." And an article is headlined "How Does Courtney Love Plead? Grungy."
Posted at 06:30 by Howard Bashman



Thursday, May 27, 2004
"Printing Problems: The inexact science of fingerprint analysis." David Feige has this jurisprudence essay online at Slate.
Posted at 22:42 by Howard Bashman



"In next round, will disability rights be broadened further? The Supreme Court sends six cases back to lower courts after its key decision last week favoring a man in a wheelchair." Warren Richey will have this article in Friday's edition of The Christian Science Monitor.
Posted at 22:35 by Howard Bashman



"Rehnquist Speech Highlights Dedication of Restored Ohio Judicial Center": The Ohio Judicial Center has issued this press release. You can watch Chief Justice Rehnquist's speech by clicking here (Real Player required). The Chief Justice's speech begins at 1 hour and 8 minutes and 45 seconds into the video. He even cracks an extemporaneous joke shortly into his speech after the audience provided what seemed to be an unexpected reaction. Of course, if you're interested in the building's dedication, be sure to watch the entire video.
Posted at 17:00 by Howard Bashman



"A&M Bonfire suits dismissed by judge; Appeals court must make ruling": This article appears today in The Houston Chronicle.
Posted at 16:54 by Howard Bashman



Available at National Review Online: Manuel A. Miranda has an essay entitled "Strategizing: Senate Republicans start the action." And Wesley J. Smith has an essay entitled "Euthanizing the CSA: Ready for 50 different drug-control regimes?"
Posted at 16:46 by Howard Bashman



Grilled Wahoo, the day after: The Cleveland Plain Dealer today reports that "High court hears protesters' case; Police training faulted in '98 demonstrators' arrests." You can view online yesterday's oral argument in this case before the Supreme Court of Ohio by clicking here (Real Player required). You can access a summary of the case at this link. The opinion of the Ohio Court of Appeals for the Eighth District is accessible here. My earlier coverage of this matter is available here.
Posted at 16:38 by Howard Bashman



"Minor drug arrest, major issue for illegals; Thousands of illegal immigrants arrested for minor drug offenses could fight deportation if a Mexican man living in Homestead wins his federal appeal, which was argued Wednesday": This article appears today in The Miami Herald.
Posted at 16:25 by Howard Bashman



"U-M minority applications down 21 percent": The Detroit Free Press today contains this article.
Posted at 16:18 by Howard Bashman



"Issue can be political loser for president in Oregon; Some say Bush should drop his aggressive efforts against assisted suicide in this battleground state": This article appears today in The Oregonian.
Posted at 16:08 by Howard Bashman



Bad news Bunkley: Exactly one year ago today, the Supreme Court of the United States issued its ruling in Bunkley v. Florida, No. 02-8636 (per curiam). And one year ago tomorrow, I provided the following summary of that ruling:
In the early morning hours one day back in April 1986, Clyde Timothy Bunkley burglarized a closed, unoccupied Western Sizzlin' Restaurant. He was arrested shortly thereafter, and police discovered a small pocketknife -- where else -- in Bunkley's pocket. No evidence exists that the pocketknife was used in the burglary. Under Florida law, someone who commits burglary while armed with a dangerous weapon can be sentenced to life imprisonment, while someone who commits burglary without being armed with a dangerous weapon faces only a maximum of five years in prison. Bunkley, it almost goes without saying, was sentenced to life behind bars.

In 1997, the Supreme Court of Florida ruled that the type of knife Bunkley had in his trousers did not qualify as a dangerous weapon. But Florida state courts follow an incredibly wacky principle of jurisprudence whereby judicial decisions are not applied retroactively unless the decisions result in a "jurisprudential upheaval" constituting "a major constitutional change." Thus, because the decision that Bunkley's knife wasn't a dangerous weapon was simply a refinement of existing law, the Florida courts held that Bunkley could have the pleasure of continuing to spend the rest of his days on earth as the guest of a Florida penitentiary.

Yesterday, however, the U.S. Supreme Court told Florida "wait just one minute." In Bunkley v. Florida, No. 02-8636 (U.S. May 27, 2003) (per curiam), the Court summarily granted certiorari and vacated the Florida Supreme Court's judgment to require the Florida court to decide whether the statute that that court construed in 1997 meant the same thing back in 1986. And if the Florida court answers "yes," then Bunkley will be a free man.

Chief Justice Rehnquist, joined by Justices Kennedy and Thomas, dissented. The Florida court's 1997 ruling already explained that that decision was a change in the law, and that would seem to compel a negative answer to the question whether the law meant the same thing back in 1986. On the bright side, the dissenters did not remark that Bunkley should be thankful, this being Florida and all, that he received only a life sentence, instead of the death penalty, for burglarizing a closed Western Sizzlin' Restaurant with a pocketknife in his trousers.
Today, on the one-year anniversary of the U.S. Supreme Court's ruling, the Supreme Court of Florida issued its ruling on remand. By a vote of 4-2, with one justice recused, Florida's highest court today upheld Bunkley's life sentence in a decision, with dissents, that totals 81 pages. In early press coverage of the ruling, The Associated Press reports that "Court upholds life sentence for burglar with pocketknife."
Posted at 15:55 by Howard Bashman



On today's broadcast of NPR's "Day to Day": Today's program contained segments entitled "Legal Challenges to Oregon's Assisted Suicide Law" and "GOP Control of Congress Threatened in November."
Posted at 15:10 by Howard Bashman



Maybe he was hoping to win the Publishers Clearinghouse Sweepstakes? Who knew that convicted shoe-bomber Richard C. Reid was such a passionate fan of Time magazine? Today's ruling of the U.S. Court of Appeals for the First Circuit contains the details.
Posted at 14:45 by Howard Bashman



The Chief Judge of the U.S. Court of Appeals for the Third Circuit announces the designation of two federal district judges to replace Alfred M. Wolin in presiding over two asbestos-related bankruptcy cases from which Judge Wolin's recusal has been ordered: Today's orders are available here and here. In all, Judge Wolin's recusal had been ordered from three asbestos-related bankruptcy cases. Today's orders designate two different judges to take over two of those three cases; no order is available online yet designating a judge to take over in the third case.

For those desiring more information, my earlier posts on this matter can be accessed here, here, and here.
Posted at 14:20 by Howard Bashman



In news from Utah: The Salt Lake Tribune today contains an article headlined "Judge's religion not an issue, court says" that begins, "A federal appeals court in Denver on Wednesday denied a petition by the former owners of The Salt Lake Tribune to compel a federal judge to disclose details on his church and political dealings." And The Deseret Morning News reports that "Judge panel rules against McCartheys; Stewart need not release data about himself for Trib suit." I first noted yesterday's ruling of the U.S. Court of Appeals for the Tenth Circuit last night in a post you can access here.

In other news, The Tribune reports that "Abortion curbs might be eased." And relating to the Ten Commandments, The News contains an article headlined "Settle tablets lawsuit, city told."
Posted at 11:59 by Howard Bashman



On today's broadcast of NPR's "Morning Edition": This morning's broadcast contained segments entitled "Jury Convicts Nichols, Must Now Weigh Death Penalty" and "Colorado School Vouchers."
Posted at 11:43 by Howard Bashman



U.S. Court of Appeals for the Eighth Circuit continues to adhere to the "collective rights" view of the Second Amendment to the U.S. Constitution: As the majority opinion issued by a three-judge panel today explains, "Since Lippman has not shown that his firearm possession was reasonably related to a well regulated militia, his Second Amendment argument cannot succeed."

Circuit Judge Steven M. Colloton, who joined the Eighth Circuit last September, issued an opinion concurring in part and concurring in the judgment in which he notes that both the criminal defendant and the United States agree that the Second Amendment protects an individual's right to bear arms. Judge Colloton writes (citation omitted), "It is an interesting question whether a prior panel decision binds a subsequent panel if both parties believe that the precedent is incorrect and decline to invoke it. I need not dwell on that conundrum here, because Lippman's constitutional claim also fails under the more expansive interpretation of the Second Amendment advanced by the parties."
Posted at 11:30 by Howard Bashman



Available online from law.com: Shannon P. Duffy reports that "Fen-Phen Opt-Outs Win Evidentiary Victory; Appeals court strikes overbroad restrictions." (And no, Shannon's article is not mentioned first solely because today is his birthday.) Tony Mauro reports that "Supreme Court Considers Libel Doctrines." In other news, "California Supreme Court Weighs Mom's Right to Block Visits; In separate matter, justices hear death penalty case." An article reports that "New Questions Arise About Touch-Screen Voting Machines; In audit of iVotronic's performance in a Florida city, 162 ballots failed to appear, flaw was slow to surface." And an article headlined "Feeding Time" discusses RSS newsreaders.
Posted at 11:01 by Howard Bashman



"Moore to appeal ouster to U.S. Supreme Court": This article appears today in The Birmingham News. And a related article reports that "Moore blasts Brown over ads concerning commandments." Elsewhere, The Montgomery Advertiser reports that "Moore appeals removal."
Posted at 09:44 by Howard Bashman



U.S. Court of Appeals for the Sixth Circuit upholds $1.4 million jury award against Norfolk Southern Railway Company for vegetation negligence: You can access today's ruling at this link. The U.S. Supreme Court has already issued one ruling on the merits of this case.
Posted at 09:31 by Howard Bashman



"Court bars Ashcroft role in suicide law": The Oregonian today contains this article. The Oregonian also contains an editorial entitled "Assist for state on assisted suicide; 9th Circuit rightly blocks Ashcroft attack on Oregon law." The Salem Statesman Journal reports that "Oregon's assisted-suicide law upheld; Judges write that John Ashcroft overstepped bounds" and "Ashcroft seeks new strategy to defeat assisted-suicide law; Court decision has minimal impact, Oregon analysts say." The Statesman Journal also contains an editorial entitled "Open letter to Ashcroft: Butt out of Oregon; The state wants to end interference with its law."

Elsewhere, Bob Egelko of The San Francisco Chronicle reports that "Bid to stop suicide law rejected; Court calls U.S. effort to punish doctors improper." And The Recorder contains an article headlined "9th Circuit to Ashcroft: Back Off; Split panel says medical issues should be left to states."
Posted at 09:16 by Howard Bashman



"Al-Hussayen's defense rests after calling just one witness; Jury will hear closing arguments starting Tuesday": This article appears today in The Idaho Statesman.
Posted at 09:07 by Howard Bashman



In Thursday's newspapers: The New York Times reports that "Nichols Is Found Guilty in Oklahoma Bombing." An article reports that "Dieter Sues Atkins Estate and Company." In news from the war on terror, "Prison Interrogations in Iraq Seen as Yielding Little Data on Rebels"; "How Colonel Risked His Career by Menacing Detainee and Lost"; and "F.B.I. Seeks Man in California for Possible Terror Connection." An article reports that "Rowland and Panel Weigh Strategies After a Subpoena." In business news, "Exchange Ready to Battle Grasso Over Bonus Pay." An editorial is entitled "Judicial Ethics Under Review." And Scott Turow has an op-ed entitled "Cry No Tears for Martha Stewart."

The Washington Post reports that "Nichols Guilty of 161 Counts of Murder; State Verdict Brings Oklahoma City Bombing Participant Closer to Death Sentence." In other news, "Sniper Trial In Fairfax Faces Legal Hurdles; Previous Prosecutions Complicate the Case Against Muhammad." An article reports that "Md. Rally Opposes Execution; Death Penalty Foes Concede Difficulties in Case." In business news, "Enron Trials Will Challenge Jurors." In sports, "Draft Rule Will Be Made Much Clearer." And an editorial is entitled "Apology Is Not Enough."

The Christian Science Monitor reports that "France joins gay marriage debate; A mayor challenges France to consider gay marriage by offering the nation its first same-sex 'wedding' next week."

And at OpinionJournal, Daniel Grant has an essay entitled "Art vs. Property Rights: Owners of artworks have legal obligations to the artists. Is that fair?"
Posted at 07:10 by Howard Bashman



Wednesday, May 26, 2004
"Ashcroft Loses in Fight Against Oregon's Assisted Suicide Law": Henry Weinstein of The Los Angeles Times provides this news update. And Thursday's issue of The Washington Post will report that "Court Rules on Aided Suicide; Appeals Panel Says Ashcroft Overstepped Bounds in Oregon."
Posted at 23:50 by Howard Bashman



Elsewhere in Wednesday's newspapers: The Los Angeles Times reports that "FBI Ignored Spain's Doubt on Fingerprint; The embarrassed agency will review its mistakes in the case; The top agent in Portland will apologize to the lawyer held as a suspect." An article is headlined "You're being watched: Voices on all sides are raising concerns about post-9/11 security laws and the interpretation of those measures. How much privacy can we lose?" In regional news, "Rape Case Defense Questions Motives; Attorneys for the three accused in videotaped incident say the alleged victim wanted charges pressed just to get money"; "Love Agrees to Narcotics Counseling in Plea Deal"; and "Woman Freed After 22 Years in Prison; The state cited battered woman's syndrome in releasing the immigrant, once held as a sex slave." An article reports that "Bryant Seeking Phone Records." In other news, "Case Against Nichols Circumstantial, Based on Bad Science, Defense Says; Prosecutors were 'not searching for the truth,' the bombing suspect's lawyers contend in final arguments; Jurors begin deliberations today." And a letter to the editor appears under the heading "Seeking Marriage Laws That Don't Discriminate."

The Boston Globe reports that "Prosecutors target wrongful convictions." Columnist Eileen McNamara has an essay entitled "Imperfect norm." And Nonnie S. Burnes and Pamela J. Wood have an op-ed entitled "Don't blame juries when facts don't fit."
Posted at 23:30 by Howard Bashman



Tenth Circuit rejects efforts to recuse Mormon federal district judge from continuing to preside over lawsuit involving the ongoing fight over the ownership and control of The Salt Lake Tribune: You can access today's unanimous ruling of a three-judge panel of the U.S. Court of Appeals for the Tenth Circuit at this link. The appellate court writes, in a very interesting passage toward the end of its opinion, that "we note that merely because Judge Stewart belongs to and contributes to the Mormon Church would never be enough to disqualify him."
Posted at 23:20 by Howard Bashman



On this evening's broadcast of NPR's "All Things Considered": The broadcast included segments entitled "Court Upholds Oregon Suicide Law" and "Nichols Convicted of Murder in Oklahoma Trial" (Real Player required).
Posted at 23:10 by Howard Bashman



"Assisted suicide upheld; An appeals court says the Bush administration can't interfere with the landmark Oregon law": The Oregonian provides this news update.
Posted at 23:05 by Howard Bashman



In Thursday's issue of The New York Times: Adam Liptak will have an article headlined "Ruling Upholds Oregon Law Authorizing Assisted Suicide." And in other news, "For Some, the Blogging Never Stops."
Posted at 23:01 by Howard Bashman



"Judicial nomination deal only a short-term solution": This editorial appears today in The Pantagraph of Bloomington, Illinois.
Posted at 17:40 by Howard Bashman



"New rules open up judicial campaigns; Judge candidates can speak out, blast opponents": Today's issue of The Atlanta Journal-Constitution contains this article.
Posted at 17:37 by Howard Bashman



"Court to decide definition of sexual predator": This article appears today in The Cleveland Plain Dealer.
Posted at 17:35 by Howard Bashman



"Perry wants 10% college admission rule revised": The Houston Chronicle today contains this article.
Posted at 17:33 by Howard Bashman



"Mo. Supreme Court will review timing of vote on gay marriage": This article appears today in The St. Louis Post-Dispatch.
Posted at 17:30 by Howard Bashman



Ford Motor Company, in the news: Thursday's issue of The Courier-Mail reports that "Ford pays $16m to Gympie car victim." Gympie does not refer to the victim's condition; rather, it is the name of the place in Australia where she resides. In other coverage of this payment, The Lexington Herald-Leader yesterday reported that "Ford pays victims, families $37.5 million; Three died in 1995 van rollover crash in Scott." Finally, today The Detroit News reports that "Ford cited for holding key evidence; Judges warn company about failure to provide court papers."
Posted at 16:45 by Howard Bashman



"Dershowitz Granted Appeal for Bad Book Review": Today's broadcast of NPR's "Day to Day" included this segment (Real Player required).
Posted at 16:35 by Howard Bashman



En banc Fourth Circuit emphasizes that Rule 11's "safe harbor" provisions must be followed by party seeking Rule 11 sanctions: You can access today's en banc ruling of the U.S. Court of Appeals for the Fourth Circuit at this link. As was the case yesterday, today's decision likewise qualifies as essentially unanimous. The original three-judge panel's ruling was written by the Fourth Circuit's usual suspect when a seven-page opinion takes two years and two months after oral argument to issue. Today that judge explained in a notably brief concurrence that another ten months of time in which to conduct additional reflection have not caused him to change his view of the case.
Posted at 16:19 by Howard Bashman



"This case presents significant questions concerning the appointment process for military officers." The quoted sentence that serves as this post's title appears at the beginning of the "Background" section of an opinion that the U.S. Court of Appeals for the Federal Circuit issued today.
Posted at 16:10 by Howard Bashman



"Nichols Convicted of State Murder Charges": The Associated Press reports here that "Nearly a decade after the Oklahoma City bombing, Terry Nichols was convicted of 161 state murder charges Wednesday for helping carry out what was then the deadliest terrorist attack on American soil. He could get the death sentence he escaped when he was convicted in federal court in the 1990s."
Posted at 15:44 by Howard Bashman



Grilled Wahoo -- a tasty fish or a protected First Amendment activity? The Associated Press offers a report headlined "Hazard or free speech: Burning of Chief Wahoo before court." And Native American Times provides a report headlined "American Indian Movement case reaches State Supreme Court; Was protest free speech?"
Posted at 15:37 by Howard Bashman



Louisiana to butt out of trouser regulations; In the end, proposal to crack down on low-rider pants runs out of gas: The Times-Picayune today reports that "House ditches britches bill; Vote not high enough for 'low-rider' ban."
Posted at 15:13 by Howard Bashman



BREAKING NEWS -- Divided three-judge Ninth Circuit panel enjoins enforcement of the "Ashcroft Directive," which declares that physician assisted suicide violates the Controlled Substances Act of 1970: You can access the ruling of the U.S. Court of Appeals for the Ninth Circuit in Oregon v. Ashcroft at this link. Also, the Ninth Circuit's Clerk's Office has issued this helpful summary of today's ruling.

Ninth Circuit Judge Richard C. Tallman wrote the majority opinion, in which Senior Circuit Judge Donald P. Lay, sitting by designation from the U.S. Court of Appeals for the Eighth Circuit, joined. Senior Ninth Circuit Judge J. Clifford Wallace dissented. Something tells me that this case may be a good candidate for rehearing en banc or U.S. Supreme Court review.

The group Compassion in Dying has issued this press release today. You can access additional information about the case here and here, and the federal trial court's ruling in the case is available at this link.

Lastly, David Kravets of The Associated Press reports that "Court Backs Oregon's Assisted Suicide Law."
Posted at 13:20 by Howard Bashman



"White House memo criticized; Bush adviser says draft of opinion didn't lead to Iraqi prisoner abuse": In today's edition of USA Today, Joan Biskupic has an article that begins, "White House counsel Alberto Gonzales on Tuesday rejected suggestions by critics on Capitol Hill that the recent abuse of prisoners in Iraq could have stemmed from a memo he wrote in 2002 that said foreign fighters captured in Afghanistan were not entitled to protections under the Geneva Conventions."
Posted at 12:22 by Howard Bashman



"New chief justice is a man of the law; Myron T. Steele will become Delaware's seventh chief justice today in Dover": This article appears today in The Wilmington News Journal.
Posted at 12:20 by Howard Bashman



"Supreme court justice spends day in area": The Daily Progress of Charlottesville, Virginia today contains an article that begins, "When Sandra Day O'Connor was graduated from Stanford University's law school in 1952, California law firms were not hiring women as lawyers."
Posted at 12:18 by Howard Bashman



Dorf on height discrimination: This essay appears today online at FindLaw. Hmmm, I always thought that Dorf was merely pretending to be diminutive.
Posted at 12:10 by Howard Bashman



"His Monument, My Oath, and the Rule of Law": Champ Lyons, Jr., Associate Justice of the Supreme Court of Alabama, issued this 38-page essay on May 12, 2004. As I noted here on Monday, this essay has recently been the subject of newspaper articles in two of Alabama's major newspapers.

In other Ten Commandments-related news from Alabama, today's edition of The Birmingham News contains an article headlined "Lawyer seeks justice's ouster, disqualification" that begins, "Mobile lawyer Jim Zeigler said Tuesday he will file an ethics complaint today against Justice Jean Brown for running what he says are false and misleading campaign commercials about her vote to remove a Ten Commandments monument from the state judicial building."

Update: And this news just arrived -- "Judge Roy Moore to Take Appeal to U.S. Supreme Court."
Posted at 11:10 by Howard Bashman



"Online Weblog Leads To Firing": Today's edition of The Harvard Crimson contains this article.
Posted at 11:07 by Howard Bashman



"Prosecutor faces sex accusations; Hardin defendant taped encounter, her lawyer says": This article appears today in The Louisville Courier-Journal.
Posted at 10:58 by Howard Bashman



On today's broadcast of NPR's "Morning Edition": This morning's broadcast contained segments entitled "California High Court Weighs Gay Marriage Licenses" and "Jury Deliberations Begin in Nichols Murder Trial."
Posted at 10:52 by Howard Bashman



"Gay marriage hearing suggests high court will rule against city; Justices appear to agree Newsom went too far in authorizing licenses": Bob Egelko has this article today in The San Francisco Chronicle. Claire Cooper, legal affairs writer for The Sacramento Bee, has an article headlined "A high court grilling for S.F.; State justices take a hard look at the city's decision to perform gay marriages." In The Los Angeles Times, Maura Dolan reports that "Justices Wary of S.F. Gay Unions; At a state high court hearing, several say the city should have pursued a legal challenge before allowing same-sex couples to marry." In The San Jose Mercury News, Howard Mintz reports that "Gay vows in S.F. appear doomed; Justices case doubt over legality of 4,000 weddings." In The Oakland Tribune, Josh Richman reports that "Gays wed in S.F. face legal limbo; Even if state Supreme Court decides officials acted illegally, licenses could remain valid." And The San Diego Union-Tribune reports that "Court might rein in S.F. City Hall; Legality of mayor's action on gay marriages at issue."
Posted at 10:44 by Howard Bashman



"Same-sex marriage ban intact in Arizona; High court refuses to consider appeal": This article appears today in The Arizona Republic. And The Arizona Daily Sun reports that "Gay marriage still a no-go."
Posted at 10:36 by Howard Bashman



"Lawyers to abbreviate terror defense; Al-Hussayen jury may hear only 2 days of testimony": This article appears today in The Idaho Statesman.
Posted at 07:27 by Howard Bashman



In Wednesday's newspapers: The New York Times reports that "California Supreme Court Considers Gay Marriage Licenses." In other news, "Spain Had Doubts Before U.S. Held Lawyer in Madrid Blasts." Adam Liptak has an article headlined "Who Would Try Civilians of U.S.? No One in Iraq." In business news, "Day After Suit Filed Over His Pay, Grasso Comes Out Fighting"; "How to Make the Case Against Grasso"; and "Convicted Former Banker Is Seeking a New Trial." An article reports that "U.S. Brings New Set of Charges Against Pipe Manufacturer." In regional news, "Testimony Mentioned a Fee for Rowland the Consultant"; "New Charge for Suspect in Trial Fixing"; and "As Police Extend Use of DNA, a Smudge Could Trap a Thief." And editorials are entitled "The F.B.I. Messes Up" and "Chasing Mr. Grasso's Millions."

The Washington Post reports that "Gay Unions Go Before Calif. Court; Judges Deciding if City Erred in Issuing Licenses." In other news, "Judicial Discipline to Be Examined; Rehnquist Names Panel in Response to Ethics Controversies." An article reports that "Former Clinton Attorney Added To Stewart Team; Walter Dellinger Known For Skill in Appeals." In regional news, "Muhammad To Be Tried In Fairfax Sniper Case; County to Seek Death As 'Insurance Policy'" and "Protection Sought for Diplomats' Domestics; Rights Groups Cite Abuse of Workers." And in business news, "Firms Sue Google for Ad Links to Competitors; Search for One Brand Can Bring Up Another" and "Grasso, Spitzer Take It Personal."

Finally, Warren Richey has an article in The Christian Science Monitor headlined "Making them talk: the moral debate; Some say 9/11 justifies coercion; others call that a slippery slope."
Posted at 07:02 by Howard Bashman



Previously you could only sign a petition against Yoo: Now, thanks to other students at Boalt Hall, you have the option of signing a petition in support of Yoo. What you ought to do with respect to Yoo only you can decide.
Posted at 00:22 by Howard Bashman



Tuesday, May 25, 2004
Elsewhere in Tuesday's newspapers: In The Los Angeles Times, David G. Savage reports that "High Court Expands Police Rights in Vehicle Searches; Decision allows officers to check a car without a warrant after an arrest nearby; Justices also agree to hear inmate's death penalty challenge" and "Calif. Death Penalty Law at Issue." In other news, "FBI Exonerates Ore. Attorney; The agency issues a rare apology and says it erred in linking the lawyer to Madrid bombing case." An article reports that "Clarett Suffers Court Setback; His eligibility victory over the NFL is overturned; USC will try to reinstate Williams." In other news, "Nichols Involved 'From Get-Go,' Jury Told; In closing statements, prosecutors say he was the main conspirator in the Oklahoma bombing." In regional news, "O.C. Law School to Drop Its ABA Suit; Under a deal, Western State will give up its provisional accreditation in August but could get it back by February" and "Deaths Spur Look at Inmate Labels; Although classified as 'keep-aways,' jailed witnesses are not isolated from those who may attack them." In business news, "U.S. Wins Round in Tobacco Lawsuit; Judge rules that the government may pursue a $280-billion claim against the industry" and "Stock Market's Ex-CEO Is Sued, Accused of Unlawful Pay Grab." And an article is headlined "You're being watched: Voices on all sides are raising concerns about post-9/11 security laws and the interpretation of those measures; How much privacy can we lose?"

The Boston Globe reports that "High court allows car search; Second case backs death-row inmate on penalty method." An article headlined "War without limits may be nearing end" begins, "Every day that the Abu Ghraib prison scandal stays in the news, nine justices wake up each morning and read of dog collars and naked detainees stacked in pyramids, of forced masturbation and unexplained deaths. And then they prepare to consider whether to support the Bush administration's right to hold 'enemy combatants' for as long as the Defense Department wishes." In regional news, "Somerville eyes challenge to AG; Mayor raps order halting same-sex visitors' licenses." An article reports that "Jury in Ill. returns inmate to death row." And in other news, "Dershowitz protests, and a new, milder book review runs."

In USA Today, Joan Biskupic reports that "Death-row inmate allowed to appeal execution method." An article is headlined "Courts asked to consider culture: An act defined as crime in USA may be common in other places; Should justice system take that into account?" In other news, "Judge clears attorney arrested in Madrid bombing." And an article reports that "Defense lawyers want England's statements erased."

Finally for now, The Washington Times contains an article headlined "Dictionaries take lead in redefining modern marriage."
Posted at 23:44 by Howard Bashman



"Supreme Court Selects Wine, Beef Disputes; Justices will hear cases on interstate purchase of alcohol and product ads funded by farmers": David G. Savage has this article today in The Los Angeles Times.

In other coverage of the wine case, The Grand Rapids Press reports that "High court takes on Michigan's Internet liquor ban." The Detroit Free Press reports that "Wineries to get hearing; Supreme Court to test Mich. law." Joan Biskupic of USA Today reports that "High court to rule on wine shipments; Small businesses, consumers could benefit." The Washington Times reports that "U.S. wineries fight to ship across nation." The Courier-Journal reports that "High Court agrees to hear three cases on wine sales." The St. Petersburg Times contains an article headlined "Want wine from out of state? Court to decide." The San Antonio Express-News reports that "Wine dispute will go to Supreme Court." And The Oregonian contains an editorial entitled "Time to uncork wine industry; Unfettered commerce in wine would benefit wine lovers across America and, of course, Oregon's wine industry."
Posted at 23:30 by Howard Bashman



Access online archived video of today's oral arguments before the Supreme Court of California in the San Francisco Same-Sex Marriage Cases: Thanks to C-SPAN, the video of today's oral arguments is available on-line, on-demand at this link (Real Player required).
Posted at 23:25 by Howard Bashman



The Associated Press is reporting: Now available online are articles headlined "Terry Nichols Case Goes to the Jury"; "Fla. Execution Delayed While Claim Probed"; "2 More Mass. Cities Wed Out-Of-State Gays"; "Military Confirms Soldier Injured in Cuba"; and "Judge Kicked Off Bench for Drunkenness" (plus, you can access today's ruling of the Supreme Court of Louisiana at this link).
Posted at 23:20 by Howard Bashman



Available online from National Public Radio: This evening's broadcast of "All Things Considered" contained segments entitled "Court Hears Suit Against San Francisco Mayor"; "U.S. Citizen Cleared in Madrid Bombing"; and "Record Companies Sue over Copyrights."

And today's broadcast of "Talk of the Nation" contained segments entitled "Material Witness" (featuring an interview with Law Professor Jeffrey Rosen) and "U.S. Prison Conditions."
Posted at 23:01 by Howard Bashman



"Rehnquist Orders Study After Scalia Flap": Gina Holland of The Associated Press has an article that begins, "Chief Justice William H. Rehnquist has ordered a study of federal judicial ethics, a move that follows intense criticism of Supreme Court Justice Antonin Scalia for taking a hunting trip with his friend, Vice President Dick Cheney. A six-member committee appointed by Rehnquist will begin meeting next month, about the time the Supreme Court is expected to rule in a case involving Cheney that generated much of the criticism. Rehnquist named Justice Stephen Breyer, a Clinton appointee, to chair the panel."
Posted at 21:12 by Howard Bashman



"Spanky the clown arrested on porn charges": CNN.com provides this report.
Posted at 21:00 by Howard Bashman



"Sandra's Days: The cowgirl from Arizona gets personal." Dahlia Lithwick has this essay online tonight at Slate. And those not content merely to read Dahlia's insightful prose can hear her dulcet-toned voice in a segment entitled "Slate's Jurisprudence: Mothers, Fetal Rights and the Law" broadcast today on NPR's "Day to Day."
Posted at 20:55 by Howard Bashman



"Chief justice champions judicial independence": The Standard-Times of New Bedford, Massachusetts today contains an article that begins, "The chief justice of the Massachusetts Supreme Judicial Court yesterday defended an independent judiciary against complaints of 'activist judges' making law from the bench. Chief Justice Margaret H. Marshall, in a meeting with The Standard-Times editorial board, smiled at the mention of the words 'activist judges,' saying 'the term arises when there is a significant disagreement with the outcome of the case.'"
Posted at 16:59 by Howard Bashman



"County Seal Has a Cross the ACLU Can't Bear": Today's issue of The Los Angeles Times contains an article that begins, "The American Civil Liberties Union wants to take religion out of the Los Angeles County seal. Supervisor Mike Antonovich, thinks the ACLU has too much time on its hands. At issue is the seal designed by the late Supervisor Kenneth Hahn that contains a tiny cross symbolic of the Catholic missions that are so much a part of the county's history." You can view the seal of the County of Los Angeles, California at this link. And at this link you can view a seal at the Los Angeles Zoo.

Update: Law Professor Eugene Volokh offers "A little bit of history ... and a little bit of perspective."
Posted at 15:48 by Howard Bashman



"Ruling staggers Clarett; Appeals court again favors NFL": This article appears today in The Cleveland Plain Dealer.
Posted at 15:38 by Howard Bashman



"Calif. High Court Hears Gay Marriage Case": David Kravets of The Associated Press provides this report.
Posted at 15:17 by Howard Bashman



En banc Fourth Circuit rules that lawsuit filed by employee who claimed he was unlawfully fired for displaying two Confederate flag decals on his toolbox was improperly removed from state court to federal court: You can access today's ruling of the U.S. Court of Appeals for the Fourth Circuit at this link. The result appears to be unanimous. The three-judge panel in this case oddly consisted of two district judges and one active Fourth Circuit judge, and the result advocated in dissent by U.S. District Judge Joseph R. Goodwin of the Southern District of West Virginia, sitting by designation, has today prevailed. You can access the three-judge panel's ruling at this link. My earlier posts about this case are both conveniently available here.
Posted at 14:45 by Howard Bashman



"Beef ads prompt 3rd high court review of mandatory marketing": Tony Mauro has this report online at the First Amendment Center.
Posted at 14:43 by Howard Bashman



A win for intermediate opt-out plaintiffs in the In re Diet Drugs Products Liability Litigation class action: The U.S. Court of Appeals for the Third Circuit ruled today, in an opinion you can access here, that a Philadelphia-based federal district court exceeded its power in prohibiting plaintiffs who are entitled to pursue claims only for compensatory damages in state court from introducing any evidence that might also be relevant to the issue of punitive damages, a remedy that these intermediate opt-out plaintiffs, under a settlement that binds them, are not entitled to pursue.

The federal district court had ruled that plaintiffs entitled to seek compensatory damages in state court were prohibited from introducing evidence relevant to both compensatory and punitive damages due to the class action settlement's prohibition on punitive damages, even though these state court plaintiffs were not seeking an express award of punitive damages. The Third Circuit today ruled that the federal district court's evidentiary prohibition was impermissible.
Posted at 12:43 by Howard Bashman



Watch or listen live online to today's California Supreme Court oral arguments in the San Francisco Same-Sex Marriage Cases: You can view the oral arguments online via C-SPAN (accessible via this link) or The California Channel (click here). To listen live online (audio only) click here.
Posted at 11:58 by Howard Bashman



"$1.3 billion oyster case hits La. high court; Plaquemines farmers' attorneys face justices' tough questioning": This article appears today in The Times-Picayune.

In somewhat related news, an article published today under the headline "Party at Calogero's home gets violent" begins, "Sheriff's deputies broke up a party of teenagers at the Metairie home of Louisiana Supreme Court Chief Justice Pascal Calogero after receiving reports that a girl had punched another girl."
Posted at 11:48 by Howard Bashman



On today's broadcast of NPR's "Morning Edition": This morning's broadcast included segments entitled "Madrid Bombing Suspect Freed after FBI Error"; "Grasso Vows to Keep $100 Million in Pay"; "Grand Jury Hears Testimony in Coke Probe"; and "Getting to the Bottom of Perchlorate, Part 2." Real Player is required to play these audio segments.
Posted at 11:36 by Howard Bashman



"Americans 'Courting Disaster' with Next Supreme Court Justices; At Stake With Next President's Nominees to High Court: Civil Rights, Privacy, Clean Air & Water, Religious Liberty and Other Rights and Legal Protections": The organization People For the American Way issued this press release today announcing the publication of a new report entitled "Courting Disaster 2004: How a Scalia-Thomas Supreme Court Would Endanger our Rights and Freedoms" (60-page PDF document).
Posted at 11:28 by Howard Bashman



"Bush deal for court nominees irks conservatives": This article appears today in The Washington Times.
Posted at 11:23 by Howard Bashman



"Cases on gay nuptials in court; Local governments' power is central issue; arguments begin today": Josh Richman has this article today in The Oakland Tribune. The Sacramento Bee reports that "For gay newlyweds, issue is personal; Licenses on trial today have brought something deeper to three committed couples." And Bloomberg News reports that "California Court, Split on Gay Rights, Reviews Gay Weddings."
Posted at 11:10 by Howard Bashman



In today's issue of The San Francisco Chronicle: Today's newspaper contains articles headlined "Sizzle, steak and lawsuits: Supreme Court to hear California beef ad case with wide implications" and "Top court to rule on winery shipping; Small vintners seek end to ban on direct out-of-state sales." In news from the Scott Peterson trial, "Evidence withheld, defense asserts."

Finally, Bob Egelko has an article headlined "Enough evidence for trial of CIA drugging" that begins:
A San Jose man who claimed the CIA secretly had given him LSD in 1957 as part of a mind-control experiment -- causing him to try to hold up a San Francisco bar in a fit of paranoia -- offered enough evidence of possible drugging to go to trial on his $12 million damages suit, a federal judge ruled Monday.
You can access yesterday's ruling by Chief Judge Marilyn Hall Patel of the U.S. District Court for the Northern District of California at this link.
Posted at 10:55 by Howard Bashman



On the agenda: At 9 a.m. pacific time today, the Supreme Court of California will begin hearing two hours of oral arguments in the so-called San Francisco Same-Sex Marriage Cases. Last week the court issued a press release entitled "Supreme Court Grants Public Access to Oral Arguments on Same-Sex Marriage." The oral arguments will be televised by C-SPAN and also be accessible live, online via this link. And the briefs filed in these cases can be accessed online via this link.

The court's press release describes the questions presented in the following manner:
By a unanimous vote on March 11, 2004, the Supreme Court issued an "order to show cause" in each same-sex marriage case that directed San Francisco officials to demonstrate why they have not exceeded their authority by issuing marriage licenses to same-sex couples on the basis of their own view that the existing marriage statutes are unconstitutional, before any court has issued a judicial determination on that issue.

The order to show cause was specifically limited to this legal question, and does not include the substantive constitutional challenge to the California marriage statutes themselves. The court indicated that that constitutional issue may be litigated separately in another case that may be filed in superior court.

On April 14, 2004, the Supreme Court issued an order asking the parties to submit additional briefing on whether the court should determine--in these cases--the validity of same-sex marriages that already have been performed and registered by the City and County of San Francisco.
Stay tuned here for additional coverage throughout the day.
Posted at 10:40 by Howard Bashman



"Blue Helmets vs. Prop. 209: A California judge uses a U.N. treaty to discriminate." Lance T. Izumi and Sharon Browne have this essay today at National Review Online.
Posted at 10:39 by Howard Bashman



"Berkeley Students Attack Free Speech; Demand Conservative Professor Apologize": The New York Sun today contains this front page article by Josh Gerstein.
Posted at 10:30 by Howard Bashman



"Death Row inmate gets day in court": The Birmingham News today contains an article that begins, "Alabama Death Row inmate David Larry Nelson won another reprieve Monday when the U.S. Supreme Court agreed unanimously to let him contest how the state plans to find a vein and give him a lethal injection." The Montgomery Advertiser reports that "High court sides with inmate." The Houston Chronicle reports that "High court allows inmate to challenge lethal injection." The Pittsburgh Post-Gazette reports that "Death row inmate can sue on injection; Supreme Court allows 'cruel and unusual' case." The Charlotte Observer reports that "Lawyers disagree on effect of ruling; Attorneys general see no basis to halt executions; defenders find new one." And Houston Chronicle columnist Cragg Hines has an essay entitled "A new artery for death case appeals?"
Posted at 08:41 by Howard Bashman



The Oregonian is reporting: Today's newspaper contains articles headlined "U.S. judge frees Mayfield"; "FBI apologizes to Mayfield"; and "'Sneak and peek' searches dogged family."
Posted at 08:11 by Howard Bashman



"Hussayen defense gets surprise help; Testimony of key witness is blow to prosecution": This article appears today in The Idaho Statesman.
Posted at 08:07 by Howard Bashman



In Tuesday's newspapers: In The New York Times, Linda Greenhouse has an article headlined "Where's the Beef? Heading for the Supreme Court." In other news, "Bomb Case Against Oregon Lawyer Is Rejected." An article reports that "Georgia Upholds Former Militant's Conviction." In business news, "Suit Seeks Return of $100 Million Given to Grasso"; "Spitzer's Claims Aren't as Clear Cut as They May Seem"; and "Ernst & Young Says It Faces Criminal Inquiry on Shelters." In impeachment-related news, "Nader Calls for Impeachment of Bush Over the War in Iraq" and "Requests for Favors Are Detailed in Rowland Investigation Documents." An article reports that "Moore Film Is Held Up by Questions About Rights." In sports, "Lawyers Admit There's Evidence Against Jones." An article reports that "9/11 Panel Chooses Publisher for Report." And in local news, "Grisly Crimes Described by Prosecutors as Mob Trial Opens."

The Washington Post reports that "Court Rules in Ala. Inmate's Favor; Man Can Challenge Use of Surgical Technique in Execution." In other news, "Lawyer Is Cleared Of Ties to Bombings; FBI Apologizes for Fingerprint Error." In sports, "Judges Rule Against Clarett; NFL 'Not at All Surprised' by the Court of Appeals' Decision." An article reports that "Interest Grows in Resurrecting Administrative Conference." In other news, "Nichols Shares Blame, State Says; Jury Hears Closing Argument in Okla. City Bombing Trial." In business news, "Tobacco Racketeering Trial to Proceed; Judge Says Government Can Seek $280 Billion From Companies" and "Former NYSE Chief Grasso Sued Over Pay." An article is headlined "Debating Pros, Cons Of Fingerprinting." And in other news, "The Women's Marriage March; Majority of Same-Sex Couples Who Took Vows Are Female."

The Christian Science Monitor reports that "Congress tries to 'can spam' - again; A five-month-old law hasn't stemmed the tide of unwanted e-mail ads; Some lawmakers call for better enforcement."

And The Wall Street Journal contains an op-ed entitled "Spitzer's Political Agenda: My vindication will come in a courtroom" by Richard A. Grasso.
Posted at 07:00 by Howard Bashman



Monday, May 24, 2004
Elsewhere in Monday's newspapers: The Boston Globe reports that "Romney is booed at Suffolk commencement; Governor's opposition to gay marriage spurs criticism and protest." And in other news, "FBI seen querying on Finneran; Two lawmakers reported quizzed."

The Los Angeles Times reports that "Judge Takes Leave From Bench to Join Senate Race; Libertarian Jim Gray is challenging Barbara Boxer in a longshot campaign; He believes changes are made by example." An editorial is entitled "State Profit in Punishment." Columnist George Skelton has a related essay entitled "Proposal to Tap Punitive Damage Awards Has Many Agendas." And letters to the editor appear under the headings "Can Same-Sex Marriage Harm the Institution?" and "Prison Makes Less Sense for the Young and Old."

USA Today reports that "Death of girl part of Indian prisons inquiry."

Finally for now, in The Washington Times, Mona Charen has an op-ed entitled "When children are involved."
Posted at 23:25 by Howard Bashman



Available online from law.com: In news from California, an article is headlined "Cultural Revolution: With many gay lawyers on staff, the high court's hearing on same-sex marriage will hit close to home." From Texas, an article is headlined "The Price of Life: If habeas proceedings are over, who pays to uphold 'Atkins'?" Jonathan Ringel reports that "Georgia Justices Uphold Al-Amin Murder Verdict." And Shannon P. Duffy and Melissa Nann report that "Fen-Phen Plaintiffs Dealt Blow in Pa., Federal Court."
Posted at 23:09 by Howard Bashman



"Senate Deal on Judges Shortchanges Michigan Nominees; Broken Senate confirmation process denies residents representation on federal courts": This editorial appears today in The Detroit News.
Posted at 23:00 by Howard Bashman



"Appeals Court Denies Clarett's N.F.L. Bid": This article will appear Tuesday in The New York Times. And The Associated Press reports that "Clarett Thrown for Another Loss in Court." I first mentioned this news and linked to the ruling earlier today in a post you can access here.
Posted at 22:53 by Howard Bashman



"Justices Step Into Interstate Wine Rift": Linda Greenhouse will have this article in Tuesday's issue of The New York Times. Tuesday's edition of The Washington Post will contain an article headlined "Court to Review Wine Sales Ban; Va. Vintners Want Direct Sales." David G. Savage of The Los Angeles Times has a news update headlined "Court to Rule on Wine Imports, Ad Campaigns." Tuesday's issue of Financial Times reports that "US beef marketing case to test free speech rights." And law.com's Tony Mauro has an article headlined "Wine and Beef Cases on High Court Menu."
Posted at 22:42 by Howard Bashman



"Court strengthens the hand of police in searching cars; In a rebuke to privacy rights, justices rule a warrant isn't always needed to enter vehicle": Warren Richey will have this article in Tuesday's issue of The Christian Science Monitor.
Posted at 21:11 by Howard Bashman



U.S. Court of Appeals for the Fourth Circuit fails to grant rehearing en banc to reconsider whether there is a "ministerial exemption" to the Fair Labor Standards Act: The vote against granting rehearing en banc was 9-4. On Friday, April 2, 2004, I wrote the following post about the three-judge panel's ruling:
Church vs. State: Is there a "ministerial exemption" to the Fair Labor Standards Act? Today a divided three-judge panel of the U.S. Court of Appeals for the Fourth Circuit, following a binding earlier decision of that court, answered the question in the affirmative. The opinion can be accessed here. Circuit Judge J. Michael Luttig dissented, encouraging the plaintiff to seek rehearing en banc and, if necessary, U.S. Supreme Court review.
Time will tell whether Supreme Court review is sought and, if so, granted. Today's order denying rehearing en banc over Judge Luttig's published dissent can be accessed at this link.
Posted at 16:57 by Howard Bashman



More Yoo for you: One of the primary authors of the Boalt students' petition regarding Law Professor John Yoo has written this response to the editorial published today in The Daily Californian. The petition itself can be viewed at this link.
Posted at 15:48 by Howard Bashman



BREAKING NEWS -- U.S. Court of Appeals for the Second Circuit rules against Maurice Clarett on the merits of his antitrust challenge against the National Football League: Today's opinion begins:
Defendant-appellant National Football League ("NFL" or "the League") appeals from a judgment of the United States District Court for the Southern District of New York (Scheindlin, J.) ordering plaintiff-appellee Maurice Clarett ("Clarett") eligible to enter this year's NFL draft on the ground that the NFL's eligibility rules requiring Clarett to wait at least three full football seasons after his high school graduation before entering the draft violate antitrust laws. In reaching its conclusion, the district court held, inter alia, that the eligibility rules are not immune from antitrust scrutiny under the non-statutory labor exemption. We disagree and reverse.
You can access the complete ruling at this link.
Posted at 15:42 by Howard Bashman



The Associated Press is reporting: Now available online are articles headlined "Bomb Case Against U.S. Lawyer Dismissed" (plus, more information is available here via the web site of the U.S. District Court for the District of Oregon); "Lawyers Seek to Drop England Confession"; "Commandments Case Dominates Ala. Primary"; and "High Court Eyes Mayor in Gay Marriage Case."
Posted at 15:26 by Howard Bashman



"O'Connor urges Centre grads to be visionaries": This article appears today in The Advocate Messenger of Danville, Kentucky. Additional coverage of Sandra Day O'Connor's graduation speech yesterday can be found here and here.
Posted at 14:57 by Howard Bashman



Deal to confirm twenty-five non-controversial federal judicial nominees pleases editorial writers: The Chicago Tribune on Saturday contained an editorial entitled "Polluting the consent process." The Pittsburgh Post-Gazette yesterday contained an editorial entitled "Judicial truce: Citizens win with this court vacancies agreement." And The Palm Beach Post today contains an editorial entitled "Political docket cleared."
Posted at 14:45 by Howard Bashman



The Associated Press is reporting: Anne Gearan has an article headlined "High Court: Police May Search Parked Cars." And in other news, "Supreme Court Hands Loss to Convicted Spy"; "Nichols Prosecutors May Seek Death Penalty"; and "Dozing Army Sergeant to Get Sleep Study."
Posted at 13:57 by Howard Bashman



U.S. Court of Appeals for the Seventh Circuit concludes that federal district court properly refused to enjoin plaintiff's prosecution under Indiana's flag-desecration statute: You can access at this link the opinion that Circuit Judge Richard A. Posner issued on behalf of a unanimous three-judge panel.
Posted at 13:30 by Howard Bashman



"The next logical progression of the gay-marriage debate": Gregg Easterbrook has this essay online today at The New Republic.
Posted at 13:24 by Howard Bashman



"Inmate Web sites have the look of innocence; Pages claim injustice, ask for money": This article appears today in The Houston Chronicle.
Posted at 13:17 by Howard Bashman



"Judge: Government Can Seek Tobacco Profits." The Associated Press reports here that "A federal judge ruled Monday that the government can seek billions in tobacco industry profits as part of a civil racketeering suit against cigarette manufacturers." And Reuters reports that "Judge Hands Tobacco a Setback, Stocks Off." As of this moment, the opinion is not yet available via the Web site of the U.S. District Court for the District of Columbia.
Posted at 11:59 by Howard Bashman



"Request for Law Professor's Resignation Inappropriate": The Daily Californian today contains an editorial that begins, "Law students called for a faculty member's resignation at the Boalt Hall commencement Saturday, a move that infringes on academic freedom. They criticized his role in creating the current administration's policy exempting al-Qaeda detainees from the human rights protections established in the Geneva Convention. But in demanding his resignation, these students are treading on the academic freedom and free speech UC Berkeley students and faculty strive to uphold. Professor John Choon Yoo's interpretation of the Geneva Convention, which established international rules for the protection of prisoners of war, may be unpopular in Berkeley but the Boalt Hall students' demands are ludicrous."
Posted at 11:52 by Howard Bashman



Today's U.S. Supreme Court opinions and Order List: The Supreme Court of the United States today issued two opinions in argued cases.

1. Justice Sandra Day O'Connor issued the opinion for a unanimous Court in Nelson v. Campbell, No. 03-6821, and the judgment under review was reversed and the case remanded. You can access the oral argument transcript here.

2. The Chief Justice issued the opinion of the Court (except as to footnote 4) in Thornton v. United States, No. 03-5165, and the judgment under review was affirmed. You can access the oral argument transcript here.

The Court's Order List can be accessed at this link. The Court granted review today in what would best be viewed as three separate matters. One presents the question "Does a State's regulatory scheme that permits in-state wineries directly to ship alcohol to consumers but restricts the ability of out-of-state wineries to do so violate the dormant Commerce Clause in light of Sec. 2 of the 21st Amendment?" Another presents the question "Whether the Beef Promotion and Research Act of 1985 and the implementing Beef Promotion and Research Order violate the First Amendment insofar as they require cattle producers to pay assessments to fund generic advertising with which they disagree."

In press coverage of this morning's developments at the Court, Gina Holland of The Associated Press reports that "Court Sides With Ala. Death Row Inmate" and "Supreme Court to Hear Beef Promotion Case." The AP's Anne Gearan reports that "Supreme Court to Hear Wine Import Cases." And Reuters offers articles headlined "Supreme Court: Inmate Can Challenge Execution Procedure" and "Supreme Court to Hear Beef Marketing Case."
Posted at 10:00 by Howard Bashman



Available online from National Public Radio: Today's broadcast of "Morning Edition" contained segments entitled "Studies: No Difference in Children of Gay Parents"; "Florida Voters Purge Stirs Debate"; "Trucks Push Graphic Anti-Abortion Message"; and "Getting to the Bottom of Perchlorate."

Sunday's broadcast of "All Things Considered" contained a segment entitled "Group: Cigarettes Should Trigger 'R' Rating."

Saturday's broadcast of "All Things Considered" contained segments entitled "Elite Universities Eye Economic Affirmative Action" and "Mudslinging on the Internet."

And "Weekend Edition - Saturday" contained a segment entitled "Scott Simon Essay: Gay Marriage."
Posted at 09:48 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 and an Order List. Stay tuned for details.

After today, the Supreme Court truly enters the home stretch. The Court's next opinion issuance date isn't until June 2004, and the Court is scheduled to issue opinions in all argued cases by the end of next month.
Posted at 08:54 by Howard Bashman



A preview of two cases in which the Supreme Court of California is to hear oral argument this week: In today's issue of The San Jose Mercury News, Howard Mintz has articles headlined "State high court set to hear challenge to same-sex marriage; Narrow issue in S.F. case could take on broader meaning" and "Authorities look to high court in case of teen's 'dark poetry'; Arguments seen as chance for guides on free speech vs. threats."
Posted at 07:00 by Howard Bashman



"Talk of policies and problems: 'Power to do everything'": "How Appealing" reader and Fort Worth Star-Telegram columnist Linda Campbell had this essay in that newspaper last Thursday.
Posted at 06:57 by Howard Bashman



"After close call in GOP primary, Specter girds for another fight; He says Iraq will be a factor in his race with Rep. Joseph M. Hoeffel, who is focusing on job losses and the war": The Philadelphia Inquirer today contains this article.
Posted at 06:50 by Howard Bashman



"Judicial nomination in doubt amid abuse scandal; Pentagon lawyer at center of debate on interrogation": Yesterday's edition of The Chicago Tribune contained this article.
Posted at 06:46 by Howard Bashman



"Government insecurity: When a B-29 crashed in 1948, the Air Force fought to hide the details; Now, the families of those killed want to reopen the case that became precedent for official secrecy." This article appeared yesterday in The Philadelphia Inquirer.
Posted at 06:45 by Howard Bashman



The Roy Moore tour arrives in Alaska: The Anchorage Daily News reports today that "Fired judge still fan of Moses' law; Despite ruling, Moore still backs Christianity in court, he tells Baptist congregation." Meanwhile, back in Alabama, The Mobile Register today reports that "Lyons explains why he opposed Moore on monument." A similar article appeared yesterday in The Birmingham News.
Posted at 06:40 by Howard Bashman



"O'Connor addresses Centre graduates; Justice cites impact on court by alumni Harlan and Vinson": This article appears today in The Louisville Courier-Journal. And The Lexington Herald-Leader today contains an article headlined "Build bridges, justice tells grads; O'Connor encourages public service."
Posted at 06:35 by Howard Bashman



"Reporter's notebook: Now for the other side in the trial...." Patrick Orr, who has been covering the federal terrorism trial against Sami Al-Hussayen for The Idaho Statesman, today has this article in that newspaper.
Posted at 06:32 by Howard Bashman



In Monday's newspapers: The New York Times reports that "Afghan Deaths Linked to Unit at Iraq Prison." In other news, "U.S. Nearing Deal on Way to Track Foreign Visitors." An article is headlined "Reassurance for Florida Voters Made Wary by Chaos of 2000." In regional news, "Rowland Files Reveal a Bevy of Gifts and Some Blurry Rules." An editorial is entitled "Whiplash." And letters to the editor appear under the heading "American Prisons: Other Views."

The Washington Post reports that "U.S. Attorney For D.C. Could Be Named Soon; Interim Appointee Possible." And columnist William Raspberry has an op-ed entitled "Revisiting Redistricting."

The Christian Science Monitor reports that "Romney rides volatile issue onto US stage; A GOP governor threatens to block some gay-marriage licenses in Massachusetts."

And online at OpinionJournal, John Fund has an essay entitled "Don't Touch That Dial? Radio hosts worry about the FCC's indecency regulations. What about political speech?"
Posted at 06:15 by Howard Bashman



In the May 31, 2004 issue of The New Yorker: Adam Haslett has an essay entitled "Love Supreme: Gay nuptials and the making of modern marriage." And William Finnegan has an article entitled "The Candidate: How the son of a Kenyan economist became an Illinois Everyman."
Posted at 06:10 by Howard Bashman



Sunday, May 23, 2004
Noteworthy commentary in Sunday's major newspapers: Arnold Beichman has an op-ed entitled "Override the Supreme Court?" in The Washington Times.

In The Boston Globe, Jeff Jacoby has an op-ed entitled "Overblown fears about the Patriot Act." And Thomas Oliphant has an op-ed entitled "Bush and Kerry both lag on civil rights for gays."

In The Los Angeles Times, retired senior CIA officer Milt Bearden has an op-ed entitled "Torture: As Futile as It Is Brutal." And a letter to the editor appears under the heading "Death Penalty."
Posted at 23:33 by Howard Bashman



The AP previews two cases to be argued tomorrow before the Supreme Court of Louisiana: The reports are headlined "Louisiana high court to tackle $1.3 billion oyster lease suit" and "High court to consider if club can keep women out of men's-only grill."
Posted at 23:09 by Howard Bashman



The Associated Press is reporting: Now available online are articles headlined "Closing Arguments Set for Nichols' Trial" and "Prison Scrutiny May Spread to Guantanamo."
Posted at 23:01 by Howard Bashman



"O'Connor urges graduates to consider public service": The Associated Press provides this report. Earlier, today's edition of The Advocate Messenger previewed the graduation speech that Justice Sandra Day O'Connor delivered in Danville, Kentucky in an article headlined "Supreme Court justice speaking at Centre."
Posted at 21:00 by Howard Bashman



"Church-state issue hovers over judge": Today in The San Antonio Express-News, columnist Bruce Davidson today has an essay that begins, "Texas Supreme Court Justice Scott Brister never intended to be known as a Ten Commandments judge. But questions about the separation of church and state are hovering over him as he navigates his first statewide campaign amid examinations of his decision to post the Ten Commandments in his courtroom when he was a district judge a few years ago."
Posted at 20:56 by Howard Bashman



"Judgment on Picking Judges": Monday's issue of The Christian Science Monitor will contain an editorial that begins, "Last week, Senate Democrats and Republicans resolved a two-month delay in voting on the dozens of presidential nominees for the federal bench."
Posted at 20:55 by Howard Bashman



"Bullock described as thoughtful; School finance judge stresses mediation": The Topeka Capital-Journal today contains an article that begins, "The last thing Shawnee County District Judge Terry Bullock wanted to do was issue an order closing Kansas schools."
Posted at 15:52 by Howard Bashman



"Graner's lawyer plans to blame U.S. policies": The Pittsburgh Post-Gazette contains this article today.
Posted at 15:51 by Howard Bashman



"Asbestos's Sword Has Many Victims": This article appears today in The Hartford Courant.
Posted at 15:50 by Howard Bashman



"Hillary Goodridge, Julie Goodridge": A wedding announcement published today in The New York Times begins, "Hillary Smith Goodridge and Julie Wendrich Goodridge, the lead plaintiffs in the case that led the Massachusetts Supreme Judicial Court to extend marital rights to same-sex couples in that state, were themselves married on Monday in Boston."
Posted at 15:42 by Howard Bashman



"Free Speech Crux of Terrorism Case; Sami Omar Al-Hussayen's lawyers say he was trying to foster dialogue on his fatwa-filled websites": This article appears today in The Los Angeles Times.
Posted at 15:33 by Howard Bashman



"Supreme Court tackles same-sex marriage; A cautious chief justice guides California's high court": In today's edition of The San Francisco Chronicle, Bob Egelko has an article that begins, "When the California Supreme Court looks at the legality of same-sex marriages in San Francisco on Tuesday, it will be led by its most politically adroit chief justice in decades." Egelko today also has a related article headlined "Same-sex case rests on obscure statute; Legality of mayor's move depends on reading of 1978 law."
Posted at 15:25 by Howard Bashman



Moore coverage from today's issue of The Birmingham News: Today's newspaper contains articles headlined "Justice explains stand on Moore, monument" and "Candidates piggyback on Moore issue."
Posted at 15:13 by Howard Bashman



"Scalia Praises Italian Troops in Iraq": The Associated Press provides this report.
Posted at 13:01 by Howard Bashman



"Lapel pin adds to debate on religion": This article appears today in The Birmingham News.
Posted at 13:00 by Howard Bashman



Saturday, May 22, 2004
Elsewhere in Saturday's newspapers: The Washington Post reports that "Oregon Lawyer's Status Remains Murky; Mayfield Is Still a 'Witness' Despite Release, Court Says." In other news from the war on terror, "Contractor Investigated By Justice; Criminal Inquiry Targets Civilian" and "Iraq War Veteran Found Guilty of Desertion; Sergeant Who Had Called Conflict 'Oil-Driven' Is Sentenced to Year in Prison." An article reports that "Reporters Subpoenaed in CIA Leak." In other news, "A Lawmaker Who Won't Forever Hold His Peace; Gay Marriage Opponent Draws The Line in His Massachusetts Town." An article reports that "Monsanto Beats Farmer in Patent Fight; Canadian Court Upholds Claim to Gene-Altered Seed." In regional news, "Bar, Restaurant Smoking Ban Set Back in D.C.; Judge Tells Election Board To Reject Ballot Measure." An editorial is entitled "Arresting Witnesses." And letters to the editor appear under the heading "Brown v. Board of Education: After the Decision."

The Washington Times reports that "Maryland, Virginia reject gay unions in other states." And in other news, "Warner signs bills on feticide."

The Boston Globe reports that "Lesbian spouse files malpractice lawsuit; Worcester case is seen as a first." In somewhat related news, "AG asks end of out-of-state marriage licenses." An article reports that "MBTA set to begin passenger ID stops; Effort part of national rail security program." And in other news, "Officials reviewing rules on protests; Application process facing challenge."

The Los Angeles Times reports that "Critics Galvanized by Oregon Lawyer's Case; His arrest and release in the Madrid bombings show that the U.S. ignores civil liberties in pursuit of terrorists, some legal experts say." In business news, "Witness Lied in Martha Stewart Trial, U.S. Charges" and "Tobacco Verdict to Help Users Kick Habit; A Louisiana jury orders cigarette makers to spend $591 million on cessation programs." An article reports that "Massachusetts Governor Wants 1913 Law Invoked; Challenging same-sex marriages, Romney gives attorney general nonresidents' records." In regional news, "Investigator Won't Testify; Police detective in gang-rape case vows she will plead the Fifth if called in the trial; She is unavailable to either side, judge decides." Franklin D. Gilliam Jr. has an op-ed entitled "Pride and Shame at the School of a Black Hero." And letters to the editor appear under the headings "Chief Justice Rehnquist vs. the Cause of Equality" and "Gender in Prison Scandal."
Posted at 23:32 by Howard Bashman



In news from Utah: The Deseret Morning News today contains an article headlined "Hatch: Ban gay unions; Utahn tells Senate an amendment is needed -- and soon."

And The Salt Lake Tribune today contains articles headlined "ACLU appeals Plaza case again to 10th Circuit Court" and "Janet's exposure prompts lawsuit."
Posted at 23:25 by Howard Bashman



The Associated Press is reporting: Now available online are articles headlined "Divorce a Benefit of Gay Marriage"; "Gay Marriage a Quandary for Romney"; and "Moore could steer primary; Ousted chief justice supporters watching candidates."
Posted at 23:23 by Howard Bashman



In news from Virginia: The Richmond Times-Dispatch reports today that "'Fetal homicide' to be law; Warner signs twin bills, says they don't curb abortion rights." And The Associated Press provides an article addressing the question "What does Virginia's new anti-gay law actually do?"
Posted at 23:21 by Howard Bashman



"Courts block moves to put gay marriage ban on August ballot": The St. Louis Post-Dispatch today contains an article that begins, "A circuit court judge and the Missouri Supreme Court delivered a one-two punch Friday to efforts by Gov. Bob Holden and fellow Democrats to place a proposed gay marriage ban on the August ballot."
Posted at 23:04 by Howard Bashman



"State high court drops ethics case against attorney": The Palm Beach Post today contains an article that begins, "The state Supreme Court dismissed a Florida Bar ethics complaint against celebrity lawyer David Boies this week after a lower court said he -- or any other lawyer -- can spend as much money and time as he wants on a client without getting paid and still not violate ethics rules."
Posted at 23:01 by Howard Bashman



In news from California: The North County Times reports today that "Top judge stumps for accessible judiciary." And in related coverage, The San Diego Union-Tribune reports today that "State chief justice urges stable funding for courts; Special programs called in danger."
Posted at 22:58 by Howard Bashman



"Narrow win for disabled: In upholding a provision of the Americans With Disabilities Act, the U.S. Supreme Court did the right thing; However, the ruling didn't go far enough." This editorial appears today in The St. Petersburg Times.
Posted at 22:56 by Howard Bashman



"Minority judge joins federal bench; Sonja F. Bivins makes history with appointment in Southern District of Alabama": This article appears today in The Mobile Register.
Posted at 22:30 by Howard Bashman



Illinois judges have not yet completed exacting their pound of flesh: The Chicago Sun-Times today reports that "Judges seek interest on back pay and lawyers want their cut."
Posted at 21:18 by Howard Bashman



How does Florida plan to commemorate the 25th anniversary of the first execution it conducted after the U.S. Supreme Court again allowed the death penalty? By conducting another execution, of course. The AP provides this report.
Posted at 21:13 by Howard Bashman



"Berkeley Law Students Denounce Professor": The Associated Press provides this report. Relatedly, Joe Conason today has an essay entitled "From John Ashcroft's Justice Department to Abu Ghraib: The men behind the administration's decision to ignore and undermine the Geneva Conventions in Iraq" online at Salon.com.
Posted at 20:53 by Howard Bashman



"Did counsel's memo open way to abuse? Gonzales: Adviser argued for exempting Taliban and al-Qaida from Geneva Conventions in interrogations." The Baltimore Sun today contains an article that begins, "As the top lawyer in the White House, Alberto R. Gonzales has built the foundation for the Bush administration's most sensitive legal maneuvers, including the creation of military tribunals for terror suspects and the assertion of executive privilege to keep private an array of presidential documents. The low-key Gonzales, a longtime Bush loyalist who is often mentioned as a potential U.S. Supreme Court nominee, rarely breaks the public surface in his work. But he now faces high-profile questions about whether his legal advice in the aftermath of Sept. 11 opened the door for the mistreatment of Iraqi prisoners by U.S. soldiers."
Posted at 20:34 by Howard Bashman



"Court to rule on ram's backside butt": An article bearing this headline reports that "The matter is being heard by Justice Thomas in the Supreme Court." The original article appears in The Sunday Territorian.
Posted at 20:19 by Howard Bashman



"Supreme Court is on a foreign bent: Why would good ol' American justices look abroad for guidance on their decisions?" This essay by Mark Curriden will appear in tomorrow's edition of The Dallas Morning News.
Posted at 20:14 by Howard Bashman



"2 Journalists Subpoenaed Over Source of Disclosure": Adam Liptak and Peter T. Kilborn will have this article in Sunday's issue of The New York Times.
Posted at 20:11 by Howard Bashman



In Sunday's edition of The New York Times: Tomorrow's newspaper will contain an article headlined "U.S. Disputed Protected Status of Iraq Inmates." And tomorrow's edition of The New York Times Magazine contains a cover story by Susan Sontag variously titled "The Photographs Are Us" and "Regarding the Torture of Others."
Posted at 17:35 by Howard Bashman



"Empire Without Law": Jonathan Schell has this essay in the May 31, 2004 issue of The Nation. Schell's essay begins, "On April 28 the subject of torture was discussed in oral arguments before the Supreme Court."
Posted at 17:32 by Howard Bashman



"Empire Without Law": Jonathan Schell has this essay in the May 31, 2004 issue of The Nation. Schell's essay begins, "On April 28 the subject of torture was discussed in oral arguments before the Supreme Court."
Posted at 17:32 by Howard Bashman



"Newlywed gays' suit could make law history": The Boston Herald today contains an article that begins, "The arrival of legal gay marriage in Massachusetts cleared the way for a milestone medical negligence lawsuit filed yesterday in Worcester Superior Court. Michelle Charron and Cynthia Kalish, who married Thursday and have a 6-year-old daughter, sued Worcester's Fallon Clinic and two of its doctors, claiming they misdiagnosed Charron's now-incurable breast cancer. The legalization of gay marriage allows Kalish to sue for loss of companionship, grounds not allowed to gay couples before Monday's historic change."
Posted at 15:40 by Howard Bashman



In today's issue of The New York Times: An article reports that "Stewart Stock Case Is Jolted by Charge That an Agent Lied." Adam Liptak reports that "Change of Venue for Trial on Abuse in Iraq Is Rejected." In related news, "Dogs and Other Harsh Tactics Linked to Military Intelligence"; "U.S. Preparing for Influx of Compensation Claims by Abused Iraqis"; and "Soldier Who Refused to Return Is Found Guilty of Desertion." An article reports that "Arrest and Release in Bombing Center on Fingerprint Match." In other news, "Halt Ordered to Marriages for Some Same-Sex Couples." In news from Canada, "Monsanto Wins Patent Case on Plant Genes." An article addresses the question "Are Saudis Using British Libel Law to Deter Critics?" In regional news, "Williams to Face New Trial on Manslaughter Charge" and "Slain Diamond Merchant Had Faced Trial." An editorial is entitled "Weakening the Rules for Judges." Law Professor Ian Haney Lopez has an op-ed entitled "Hernandez v. Brown." And a letter to the editor appears under the heading "Treatment of Prisoners."
Posted at 10:01 by Howard Bashman



"No child support owed by lesbian": Bob Egelko had this article yesterday in The San Francisco Chronicle. On Thursday, the California Court of Appeal for the Third Appellate District issued an opinion that begins:
This case poses the question whether a person in a same-sex relationship, who encourages her partner to give birth to a child via artificial insemination and who then holds out the child as her own, can be required to pay child support after she and her partner split up.
You can access the complete opinion at this link.
Posted at 09:57 by Howard Bashman



"Kerry hit for abortion-rights comment; Republicans jump on his statement about naming judges": Bob Egelko has this article today in The San Francisco Chronicle. And yesterday's broadcast of The Rush Limbaugh Show contained a segment entitled "Kerry Flips On Abortion, Cites Vote for 'John Scalia.'"
Posted at 09:53 by Howard Bashman



"Jury tells tobacco firms to pay up; Ruling sets landmark as first of its kind": This article appears today in The Times-Picayune of New Orleans.
Posted at 09:45 by Howard Bashman



Friday, May 21, 2004
Elsewhere in Friday's newspapers: The Washington Times reports that "Gays barred from sperm banks." In other news, "Pro-life lobby touts fetal-pain bill." An article reports that "More teen girls having sex, study shows." In other news, "Finance reform termed failure." An article reports that "CIA seeks Justice probe of three deaths." And in other news, "Officials defend new antispam law."

USA Today reports that "Memo warned of prison tactics." An article reports that "Spying suspect says evidence in case tainted; Airman also claims military covered up misconduct." A front page article reports that "Feds probe tribal prison deaths; Tape shows flaws of Indian facilities." In related news, "Former BIA official urged prison fixes; $6M tapped for emergency repairs." And an article reports that "Bush to launch new anti-Kerry ad blitz; Criticizes position on USA Patriot Act."

The Boston Globe reports that "Romney turns to AG for halt to licensing; Targets marriage by gay outsiders." In related coverage, "History suggests race was the basis" and "Couples counted the days and wed." An article reports that "Murder victim's family sues FBI over disconnected call; Says clerk's error led to rampage by Gary Sampson." In other regional news, "Council proposes diversity policy; Plan recommits state to affirmative action" and "Conviction tossed, prisoner is freed; Was incarcerated for 30 years; prosecutors to weigh retrial." And columnist Derrick Z. Jackson has an op-ed entitled "Rhetoric for kids, money for war."

The Los Angeles Times reports that "U.S. Frees Oregon Lawyer Held in Madrid Bombings; Spanish police say a fingerprint that seemed to link him to the case belongs to an Algerian." An article reports that "Officials Say Rumsfeld OKd Harsh Interrogation Methods; Account by those at the Pentagon acknowledges that the secretary personally approved a tough policy for Guantanamo detainees." In other news, "This Test Taker Raised the Bar for Perseverance; He got his law degree in 1966, but it took Maxcy Filer 25 years to pass the bar exam; He is an inspiration to a young woman awaiting results." An article reports that "Dunn pleads not guilty; Claremont McKenna professor charged with insurance fraud and filing false police report enters plea." In other regional news, an article is headlined "Rape Trial Focus: Consciousness; Details from the young woman allegedly assaulted in 2002 by three teens in the home of an O.C. sheriff's official are challenged." Columnist Dana Parsons has a related essay entitled "Does the Sex Video Show All We Need to Know?" And letters to the editor appear under the headings "Conservative Justices on Rights of Disabled" and "Same-Sex Rite Not a Civil Right."
Posted at 23:55 by Howard Bashman



On this evening's broadcast of "All Things Considered": The broadcast contained segments entitled "Key Witness in Stewart Trial Charged with Perjury"; "U.S. Military Whistleblowers Face Retribution"; and "Big Tobacco Ordered to Help Smokers Quit" (Real Player required).
Posted at 23:52 by Howard Bashman



Available online from law.com: Shannon P. Duffy has an article headlined "3rd Circuit: Name Tag on Bag Doesn't Promise Privacy." You can access yesterday's ruling of the U.S. Court of Appeals for the Third Circuit at this link.

In other news, "2nd Circuit Finds Broad 'Fugitive' Definition for Civil Forfeiture." I first noted this ruling in a post you can access here.

Finally, two additional worthwhile articles are headlined "Lawyers Fill Candidates' Coffers" and "Resumes Are for Dummies."
Posted at 23:44 by Howard Bashman



An example of emails that people send in the hope that I might give a damn: A law professor emails tonight:
I have loved reading your blog for some time, but am I wrong in thinking that its character has been slowly changing in the past months? The number of references to newspaper articles about decisions and judicial politics seems more and more to overwhelm the reportage of actual appellate decisions, the part of your effort that is most useful (and entertaining!). Sometimes less is more--and in wading through all the press references it gets harder and harder to find quickly the judicial opinions. Indeed, I can't quantify this, but it even seems to me that the absolute number of decisions that you report on directly has declined.

None of this will deter me from continuing to enjoy your site--and it may all be demonstrably wrong--but I thought I'd share this impression after looking at the last week or so of your site.
This email is reprinted for the enjoyment of those readers who are disappointed that I haven't been reprinting reader emails frequently enough in the recent past.

And to those readers who have asked about, and sent good wishes along for, my wife, who remains home recovering from her major surgery one week ago today, many thanks for your kind thoughts. Although she still has weeks to go before she will be fully recovered, each day she is improving.
Posted at 23:32 by Howard Bashman



The Birmingham News is reporting: Today's newspaper contains articles headlined "Pin's designer denies political intent; Says Ten Commandments piece worn by fired chamber exec 'a statement of faith'"; "Brown ad criticized for touting role in commandments issue"; and "Candidates asked to spurn trial lawyer gifts."
Posted at 23:20 by Howard Bashman



"Good news in judicial wars": Yesterday's issue of The Milwaukee Journal Sentinel contained this editorial.

Once the U.S. Senate confirms Diane S. Sykes to serve on the U.S. Court of Appeals for the Seventh Circuit, she will join the ranks of judges who serve as a colleague on the same court as the judge for whom they once served as a law clerk. She will also be battling her colleagues Richard A. Posner and Frank H. Easterbrook for the distinction of being the hottest looking judge currently serving on the Seventh Circuit.
Posted at 23:11 by Howard Bashman



"Time limit springs deportation rule on widow; A judge's ruling gives a temporary respite to a 26-year-old woman whose husband died before their second anniversary": This article appears today in The Oregonian.
Posted at 23:09 by Howard Bashman



"Kline critical of judge": The Topeka Capital-Journal today contains an article that begins, "Shawnee County District Judge Terry Bullock was 'flat-out wrong' last week in issuing an order that would have shut down the state's public schools, Attorney General Phill Kline said Thursday."
Posted at 23:06 by Howard Bashman



In news from Oregon: The Oregonian reports today that "Initiative to ban gay marriage on its way; A proposal to change the Oregon Constitution is out of the courts, and signature gathering to get it on the ballot could begin today." And The Salem Statesman Journal reports that "State constitutional battle may start today; Sponsors of a gay-union ban need 100,000 signatures."
Posted at 23:03 by Howard Bashman



"Death row inmate retarded, psychologist says": The Associated Press provides this report from Texas.
Posted at 23:00 by Howard Bashman



News concerning the appeal that may determine whether Seattle remains a two-newspaper city: The Seattle Times reports today that "Times asks high court to reject review in battle with P-I." And The Seattle Post-Intelligencer reports today that "Times says JOA puts its future at risk; Affirmation of lower court ruling sought."
Posted at 22:57 by Howard Bashman



Illinois Supreme Court rules that Illinois state court judges must be shown the money: In major news coverage of the decision that I linked to here yesterday, The Chicago Tribune reports that "Judges stir up budget brouhaha; Pay hikes ordered just as state union pact up for renewal." The Chicago Sun-Times reports that "High court overrules governor." And The St. Louis Post-Dispatch reports that "Court rules state must give judges their raises."
Posted at 22:45 by Howard Bashman



"Civil rights lawsuit revived; Court says city denied a man due process by razing his building without a hearing": This article about a decision that the U.S. Court of Appeals for the Ninth Circuit issued on Wednesday appears in today's edition of The Sacramento Bee.
Posted at 22:38 by Howard Bashman



For Big Tobacco, two days of bad news in North America: Reuters reports today that "Louisiana Jury Awards $591 Million in Smoking Case." And The Associated Press reports that "Jury Rules Tobacco Cos. Should Pay $590M."

Meanwhile, in news from Canada, today's issue of The Toronto Globe and Mail contains an article headlined "Court upholds B.C.'s right to launch 'big tobacco' suit" that begins, "After a series of setbacks, British Columbia has won a major legal victory in its determined effort to recover billions of dollars in health-care costs from the world's tobacco companies." You can access yesterday's ruling of the Court of Appeal for British Columbia at this link.
Posted at 16:47 by Howard Bashman



"A Nation of Vague Laws: Another small step on the long road to figuring out what the Americans with Disabilities Act means." Reason yesterday published this essay by Brian Doherty.
Posted at 16:24 by Howard Bashman



"Perjury charged in Martha case; Stock in Martha Stewart Living jumps 20% as perjury charge announced against key government witness": CNN/Money offers this report.
Posted at 14:54 by Howard Bashman



In news from South Carolina: The Charleston Post and Courier reports today that "Drug case stuns legal community; Grand jury indicts 3 lawyers on cocaine conspiracy charges."

And The State reports here that "House and Senate negotiators reached a compromise Thursday that would end South Carolina's ban on tattooing, giving up its place as one of only two states that outlaw the procedure."
Posted at 14:46 by Howard Bashman



View online yesterday's testimony of Justices Antonin Scalia and Stephen Breyer before the House Judiciary Committee's Subcommittee on Commercial and Administrative Law: Thanks to C-SPAN, you can view the testimony online by clicking here (Real Player required). A press release that previewed the hearing at which these Justices testified yesterday can be accessed at this link.
Posted at 13:44 by Howard Bashman



The Associated Press is reporting: Now available online are articles headlined "Soldier Found Guilty of Desertion in Iraq"; "Lawyers Opposed Questioning at Guantanamo"; and "Mass. Aims to Block Out-Of-State Nuptials."
Posted at 13:38 by Howard Bashman



Law blogs mention law review article that cites law blogs: Denise Howell has the details here at her "Bag and Baggage" blog. Her blog is cited in footnote 228; several other law blogs are mentioned in footnote 213.
Posted at 13:15 by Howard Bashman



"UC's help sought in repealing Prop. 209; Coalition hopes adoption of affirmative action will reverse ban": The Daily Bruin today contains an article that begins, "A national coalition to defend affirmative action, known as By Any Means Necessary, is working to overturn Proposition 209 and bring affirmative action back to California. Proposition 209, which voters passed in 1996, banned affirmative action in the state. The coalition hopes to convince the University of California administration to begin using affirmative action in hope of bringing a lawsuit from a conservative group."
Posted at 11:40 by Howard Bashman



Lawyer who barked like a dog may be unappreciated in New York, but Indiana would welcome his assistance: The Times of Munster, Indiana reports today that "This dog has its day - in court; Animal facing death is assigned lawyer to aid its defense." And in other coverage, The Associated Press reports that "Ind. Judge Appoints Attorney for Canine."
Posted at 11:30 by Howard Bashman



"Barking attorney gets bit by fine": Newsday contains this article.
Posted at 10:13 by Howard Bashman



"Civil rights panel mired in internal fights": An article published today in The Chicago Tribune begins, "While civil rights advocates spent this week celebrating the 50th anniversary of the ruling that integrated public schools, the federal commission charged with upholding civil rights collapsed in disarray, unable to even discuss its own longstanding dysfunction."
Posted at 09:45 by Howard Bashman



"U.S. releases Mayfield": The Oregonian today contains an article that begins, "Two weeks after federal agents took him into custody at his West Slope law office in connection with the deadly March 11 bombing in Madrid, Spain, Brandon Mayfield was released from jail but remains a material witness in the case."
Posted at 09:40 by Howard Bashman



The Lemon song: The First Amendment Center on Wednesday published an interesting report entitled "Lemon plaintiff, out of limelight, still tracks church-state issues."
Posted at 09:26 by Howard Bashman



"Judicial cease-fire: Welcome deal worked out between Bush and Senate will block worst nominees and permit confirmation of noncontroversial judges." Newsday contains this editorial today. Radio talk show host Neal Boortz, in a column entitled "Bush caves to Democrats....again" published today at Townhall.com, offers quite a different view.
Posted at 09:22 by Howard Bashman



"Sierra Club challenges Pryor's judgeship": This article appears today in The Birmingham News.
Posted at 09:20 by Howard Bashman



Available online from National Public Radio: Today's broadcast of "Morning Edition" featured segments entitled "Experts: U.S. Tactics in Iraq in Torture 'Gray Zone'" (featuring Nina Totenberg) and "Ore. Politician Brought Down by Sex Abuse Scandal."

And yesterday evening's broadcast of "All Things Considered" contained a segment entitled "Romney Seeks to Block Out-of-State Gay Marriages."
Posted at 09:09 by Howard Bashman



"Ruling on testimony in terror case due Monday; Testimony from two would help prosecutors": This article appears today in The Idaho Statesman.
Posted at 08:07 by Howard Bashman



"Senate Confirms Two More Bush Judges": The Associated Press reports here that "The Senate on Thursday confirmed two of President Bush's federal appeals court nominees, the first appeals court judges to be put on the bench under the deal struck between the White House and Senate Democrats. Franklin Van Antwerpen was confirmed on a 96-0 vote for the 3rd U.S. Circuit Court of Appeals, while Raymond Gruender was confirmed 97-1 for the 8th U.S. Circuit Court of Appeals."

In related coverage, The Allentown Morning Call reports today that "Easton judge confirmed by Senate; Van Antwerpen gets appeals court seat after 13-year wait." And The Express-Times reports that "Senate OKs new judicial title for Van Antwerpen." With this confirmation, the U.S. Court of Appeals for the Third Circuit currently has no vacancies.
Posted at 07:00 by Howard Bashman



In Friday's newspapers: The New York Times reports that "Lawyer Linked to Bombings Is Released." In news from Boston, "Governor Seeks to Invalidate Some Same-Sex Marriages." An article reports that "Ruling Grants 900 Illinois Judges Back Pay." Neil A. Lewis reports that "Justice Memos Explained How to Skip Prisoner Rights." In related coverage, "Afghan Policies on Questioning Prisoners Taken to Iraq" and "Screening of Prison Officials Is Faulted by Lawmakers." In regional news, "Subway Officials Seek Ban on Picture-Taking"; "Republicans and Democrats Clash on New York Drug Laws"; and "City Wins Right to U.S. Data on Firearms." An obituary is headlined "W.J. Brennan III, 71, Leader of New Jersey Bar Association, Dies." In business news, "Suit Expected to Be Filed Soon Over Pay Package for Grasso." An article is headlined "Putting History on Film and a Crime in Court." Columnist Bob Herbert has an op-ed entitled "'Gooks' to 'Hajis.'" And letters to the editor appear under the heading "A Court-Martial Exposes Weakness."

The Washington Post reports that "U.S. Frees Oregon Lawyer Jailed in Madrid Bombings." In somewhat related news, "Anti-Terror Database Got Show at White House"; "FBI Chief Tells of Interrogation Suspicions"; and "Soldier's Credibility May Aid Prosecution." Editorials are entitled "Detainee Lessons Unlearned" and "Pay the Attorneys More." And a letter to the editor appears under the heading "Hijackers Deserve The Ultimate Penalty."
Posted at 06:30 by Howard Bashman



Thursday, May 20, 2004
Elsewhere in Thursday's newspapers: In USA Today, Joan Biskupic reports that "Conyers asks whether torture denial was a lie." An article reports that "Army mechanic apologizes at court-martial; Pa. soldier gets maximum penalty for his part in prisoner-abuse case." And Diane McWhorter has an op-ed entitled "Till case reminds us of people's capacity for brutality; Themes from 1955 lynching echo in Iraqi prison abuses."

The Washington Times reports that "Soldier guilty of abuse at Iraq prison." In other news, "Massachusetts Senate vote aids gay 'marriages.'" An article reports that "Criminal alien bill limits appeals." And Arnold Beichman has an op-ed entitled "Values devaluation."

The Los Angeles Times reports that "Reservist Pleads Guilty in First Prison Abuse Court-Martial." In related news, "Iraqis Say Justice Was Not Done; Many in Baghdad decry what they see as a light sentence for the abuse of prisoners; They contend the case was designed to serve U.S. interests" and "Accused Army Deserter Cites Abuse; Lawyers for a soldier charged with leaving his Iraq unit say he was told to mistreat prisoners." An article reports that "Gang-Rape Testimony Challenged; The defense targets inconsistencies in a woman's account of an alleged assault by three teens at the home of an O.C. sheriff's official." In other regional news, "'Safe House' Prosecution Falls Apart; Many illegal immigrants detained in a Watts raid last month have been let go or fear retaliation" and "Judge Questions LAPD's Failure to Enact Reforms; Jurist calls a hearing to express concern about the department's lack of progress in complying with a federal consent decree since Rampart." Columnist Max Boot has an essay entitled "The Right Can't Win This Fight: With gay marriage on a roll, it's time to move on to another battle." And Tom Campbell has an op-ed entitled "Government Snoops May Find Door Barred at Berkeley."

The Boston Globe reports that "Senate votes to end 1913 law; Action is tied to gay marriages." In related coverage, "Mrs. Bush welcomes gay-issues debate; Won't endorse amendment effort" and "Vt. likely to favor civil unions, AG says." An article reports that "Protest groups sue over rules at event." And in other news, "Romney is wrapped on leaflet policy."
Posted at 23:45 by Howard Bashman



Available online from law.com: Jonathan Ringel reports that "Full 11th Circuit Will Hear Satan Worshipper's Arson Case." In other news pertaining to that federal appellate court, "Proof of Government Torture Needed for Asylum; Florida man to be deported because he can't show Peruvian government culpable in threats." An article reports that "David Boies Cleared by Florida Bar of Ethics Charge." An article is headlined "Older and Wiser: What's behind the recent binge of settlements by Microsoft? Maturity, says the company's GC." In news from Texas, "No Atticus Finches Allowed? Bartering deal prevents lawyer from representing client at trial." And an article reports that "Paul Weiss Wins Over Celebrity Artist in Fee Dispute."
Posted at 23:40 by Howard Bashman



In news from Kansas: The Lawrence Journal-World reports today that "Supreme Court blocks order to close schools; Justices put state's appeal 'on the fast track.'" The Topeka Capital-Journal reports that "Court halts judge's order; Decision means Kansas schools will remain open after June 30." And The Wichita Eagle contains an article headlined "Justices: Schools won't be closed."
Posted at 23:34 by Howard Bashman



"The Case of the Cosmetics Giveaway; Lawsuit Defies Odds, Nears Settlement": Josh Gerstein had this article in Monday's issue of The New York Sun.
Posted at 23:32 by Howard Bashman



The Houston Chronicle is reporting: Today's newspaper contains articles headlined "Parole panelists who urged mercy defer to Perry"; "GOP picking apart immigration reform; Seeking consensus on plan to quickly deport criminals"; and "Judge who lost election in line for a lifetime job."
Posted at 23:30 by Howard Bashman



"Rowland Subpoena Still Stands; No Exemption, Counsel Says": This article appears today in The Hartford Courant.
Posted at 23:29 by Howard Bashman



"Ayers appeal on way to high court; Plaintiff attorney seeks 'make-whole remedy'": The Clarion-Ledger today contains an article that begins, "Mississippi's long-running college desegregation case is once again headed to the nation's highest court."
Posted at 23:25 by Howard Bashman



"Copyrighting the Decalogue: Does Roy Moore love the Ten Commandments so much that he wants to own them?" Timothy Noah has this essay online at Slate.
Posted at 23:20 by Howard Bashman



International Court of Justice's ruling in support of Mexican national on death row in Texas who was denied consular access fails to sway three-judge panel of U.S. Court of Appeals for the Fifth Circuit: You can access today's Fifth Circuit ruling at this link.

Also today, The Dallas Morning News contains an editorial entitled "Sparing a Life?: Texas wrong, Oklahoma right on executions."
Posted at 23:11 by Howard Bashman



"Portland attorney released after evidence points to another suspect": The Associated Press reports here that "A Portland lawyer arrested in connection with the Madrid terror attacks was set free Thursday after evidence pointed to another suspect."
Posted at 21:04 by Howard Bashman



The Associated Press is reporting: Now available online are articles headlined "Defense Rests Case at Nichols Trial"; "Supreme Court Grants Extension Request"; "Lawyer Plots Strategy in Iraq Abuse Case"; "Mueller: FBI Didn't Abuse Iraqi Prisoners"; "Accused Terror Supporter Returns to U.S."; and "U.S. Touts Forestry Law Success in Court."
Posted at 17:44 by Howard Bashman



"Sierra Club asks 11th Circuit to disqualify Bush appointee": The Associated Press offers this report on the news I previously mentioned here and here.
Posted at 15:18 by Howard Bashman



Federal tax laws may be aggravating, but disobeying them does not constitute an aggravated felony, a divided Third Circuit panel concludes: Today's opinion of the court begins:
In this appeal we consider the question of whether a conviction for filing a false tax return, in violation of 26 U.S.C. sec. 7206(1) of the Internal Revenue Code, is an "aggravated felony" as defined by section 101(a)(43)(M)(i) of the Immigration and Naturalization Act, 8 U.S.C. sec. 1101(a)(43)(M)(i). We conclude that it is not, and, therefore, that the petitioners' convictions do not render them removable. Accordingly, we will grant the Petition for Review of the decision and vacate the order of removal against the petitioners.
Circuit Judge Samuel A. Alito, Jr. issued a dissenting opinion.
Posted at 15:10 by Howard Bashman



"In Search of Cash, California Looks for Take Of Punitive Damages": David Wessel has this interesting essay today in The Wall Street Journal.
Posted at 15:05 by Howard Bashman



"Ill. justices: Hike judges' pay." The Associated Press reports here that "The Illinois Supreme Court on Thursday ordered back pay for more than 900 state judges denied cost-of-living increases for two years, declaring that constitutional integrity was on the line." You can access today's unanimous ruling of the Supreme Court of Illinois at this link.
Posted at 15:02 by Howard Bashman



You know the caption to your appeal is too long when: See for yourself, in this order denying rehearing en banc that the U.S. Court of Appeals for the Fourth Circuit issued today.
Posted at 14:46 by Howard Bashman



Supreme Court of Mexico takes out full-page newspaper ads to defend its controversial ruling: The Associated Press provides this report.
Posted at 13:48 by Howard Bashman



"Sierra Club wants Pryor disqualified": This article appears today in The Montgomery Advertiser. I first mentioned this matter and linked to a copy of the organization's motion last night in a post you can access here.

My understanding is that this will not be the first motion of this nature that the U.S. Court of Appeals for the Eleventh Circuit has received. In the one earlier case about which I have some second-hand knowledge, a reader advises that the Eleventh Circuit denied the motion as moot after Circuit Judge William H. Pryor, Jr. was not chosen to sit on the three-judge panel assigned to decide the case. Whether a motion of this sort is indeed moot under those circumstances presents an interesting question.
Posted at 13:41 by Howard Bashman



"Chamber: Exec fired for Moore remarks; Commandments pin 'political,' says lawyer." The Birmingham News today contains this article.
Posted at 13:37 by Howard Bashman



"Goodridge '78 blazes trail for gay marriage": This article appears in today's issue of The Dartmouth.

The Oregonian today reports that "Petition asks court to revisit marriage initiative decision; A ballot proponent of defining matrimony as between a man and a woman predicts a small setback in signature-gathering." Also in today's newspaper, columnist David Reinhard has an essay entitled "Gay nuptials: Coming to a state near you."

And The Portland (Me.) Press Herald reports today that "Opposing bills set up clash on gay marriage."
Posted at 13:30 by Howard Bashman



The Supreme Court of California launches a Web page devoted to the "San Francisco Same-Sex Marriage Cases": You can access the page at this link. These cases are scheduled for oral argument next Tuesday, and apparently the oral argument will be streamed live online. Viewers can access the Webcast, once it is underway, using one or more links available here. Finally, the briefs filed in the case can be viewed via this link.
Posted at 13:18 by Howard Bashman



"Miami federal judge tosses U.S. case against Greenpeace": This article appears today in The South Florida Sun-Sentinel. And The Miami Herald contains an article headlined "Greenpeace wins U.S. case; Greenpeace scored a victory when a federal judge found the environmental group not guilty of violating a 19th century maritime law in protesting a shipment of Amazon mahogany."
Posted at 11:30 by Howard Bashman



"Who's qualified for bench? It's no matter of degree; The state Supreme Court has fewer Ivy Leaguers than its Massachusetts counterpart. But does it matter?" The Providence (R.I.) Journal today contains this article. The article makes the rather obvious point that where someone attended school does not necessarily determine how smart or capable he or she is.
Posted at 10:16 by Howard Bashman



"Dentist wins round; judge orders tapes of alleged abuse by guards": This article appears today in The St. Louis Post-Dispatch. The dentist in question is Charles Thomas Sell, who was the subject of this ruling that the U.S. Supreme Court issued in June 2003.
Posted at 10:10 by Howard Bashman



"Torture and Truth": Mark Danner will have this article in the June 10, 2004 issue of The New York Review of Books.
Posted at 10:01 by Howard Bashman



"No prayer at Avon's graduation; Teens divided as legal threat ends a graduation tradition": The Indianapolis Star today contains this article.
Posted at 09:50 by Howard Bashman



"GOP groups outraged by judges deal": This article appears today in The Hill.
Posted at 09:25 by Howard Bashman



"'Marriage' Mayhem: It's all or nothing." Stanley Kurtz has this essay today at National Review Online.
Posted at 09:23 by Howard Bashman



U.S. Court of Appeals for the Third Circuit announces that it will hear oral argument in FAIR v. Rumsfeld on Thursday, July 1, 2004: The news was contained in a letter sent to counsel for the parties earlier this week. An earlier letter, announcing that the oral argument would occur during the week of July 12, 2004, turns out to have been incorrect. In this appeal, the plaintiffs are seeking review of a federal district court's ruling (part one here, part two here) that refused to preliminarily enjoin the Solomon Amendment. You can learn much more about the case via this link.
Posted at 09:12 by Howard Bashman



"Expert says sites linked to overseas terrorists; Testimony looks at Internet's role in Hussayen trial": This article appears today in The Idaho Statesman.
Posted at 08:03 by Howard Bashman



In Thursday's newspapers: The New York Times reports that "G.I. Pleads Guilty in Court-Martial for Iraqis' Abuse." In other news, "Judge Stresses No 9/11 Link in Terror Trial." An article reports that "Material Given to Congress in 2002 Is Now Classified." In other news, "New Rules on Sperm Donations by Gays." In news from France, "Losing Its Nonchalance, France Feuds Over Gay Vows" and "French Pedophilia Case Falls Apart When Main Suspect Recants." An article is headlined "Divorce: First, Keep All the Lawyers." In business news, "Company Isn't Afraid to Take Copycats to Court." And in regional news, "Former Nurse Admits Killing 3 More Patients in New Jersey" and "Judge Grants Hearing to Man Convicted in Parents' Murder."

The Washington Post reports that "Soldier Gets 1 Year In Abuse of Iraqis; 'I Let Everybody Down,' He Says After Guilty Plea." In other news, "Judge Dismisses Greenpeace Charges." An article reports that "Ex-Enron Official Pleads Guilty; Investor Relations Executive Admits to Insider Trading." Columnist David S. Broder has an op-ed entitled "What McCain-Feingold Didn't Fix." And a letter to the editor appears under the heading "A Tenuous Majority."

The Christian Science Monitor, in same-sex marriage-related news, contains articles headlined "Gay marriages unite, and divide, families; One couple receives a marriage certificate, to cheers from some family members and distance from others" and "Will 'I dos' end the gay-marriage debate? Based on a look at the past, social historians predict that after initial resistance, same-sex marriages will eventually gain public acceptance." In other news, "Abu Ghraib court-martial meets skepticism in Iraq; Spc. Jeremy Sivits was sentenced Wednesday to one year in prison and discharged from the Army." A related article is headlined "In some US prisons, echoes of Abu Ghraib; Complaints of prisoner abuse crop up at home as well as in Iraq - and may now get attention." And an editorial is entitled "Enabling the Disabled."
Posted at 07:00 by Howard Bashman



Oops: The New York Times today contains the following correction: "An article on Monday about the 50th anniversary of the Supreme Court ruling that ended school segregation misstated a word in a paraphrase from President Bush, who attended a ceremony in Topeka, Kan. He called for a continuing battle to end racial inequality -- not equality."
Posted at 06:58 by Howard Bashman



Wednesday, May 19, 2004
Elsewhere in Wednesday's newspapers: The Boston Globe, in same-sex marriage-related news, reports that "Romney eyes order on licenses; Seeks to halt marriages of gay outsiders"; "Gay marriage story drew headlines worldwide"; and "Repeal bid for 1913 law may hit snag." In other news, "SJC throws out most of minister's lawsuit." An article reports that "US investigators seize State House records in Finneran probe; Mass. Senate computers scoured." An editorial is entitled "In memory of Emmett Till." Columnist Ellen Goodman has an op-ed entitled "Showing us the power of marriage." Heather MacDonald has an op-ed entitled "NU profiling study really proves nothing." And letters to the editor appear under the heading "Marriage in Massachusetts."

USA Today reports that "Fanfare over; gay marriages continue; Governor to review licenses." An article reports that "Guantanamo detainees to get annual hearings." In somewhat related news, "Report: Harsh interrogation OK'd for 1 inmate; Lt. Gen. Sanchez approved prison techniques" and "1st prisoner-abuse trial draws media from around world; Some Iraqis say soldiers deserve death penalty." And an article reports that "Mentally ill murderer put to death in Texas; Governor rejects clemency plea."

The Los Angeles Times reports that "Mentally Ill Killer Is Put to Death in Texas; Gov. Perry disregards a prison board's recommendation that the schizophrenic man's sentence be commuted to life in prison." An article reports that "3 Witnesses at Iraq Abuse Hearing Refused to Testify." An article is headlined "The digital war: Armed with cameras and the Internet, troops capture an uncensored, front-lines view." In regional news, "E-Voting May Get State Blessing; County officials say the secretary of state's office has indicated it will soon lift a 3-week-old ban on their electronic balloting machines"; "Stage Set for Legal Showdown Over Pot"; "Alleged Rape Victim Testifies; Woman, now 18, sees betrayal by three teens accused of a videotaped O.C. group sex assault"; and "Defendant in Rape Trial Insists Sex Was Consensual; A UCLA freshman has testified that she was raped by three high school football players." And letters to the editor appear under the heading "A Kiss Doesn't Change the Meaning of 'No.'"

The Washington Times contains an editorial entitled "A 'marriage' proposal." Clarence Page has an op-ed entitled "Justice delayed." And Jacob Sullum has an op-ed entitled "Always another loophole."
Posted at 23:50 by Howard Bashman



"High Court Weighs Post-'Atkins' Proof of Retardation Case": Tony Mauro has this article online at law.com.
Posted at 23:47 by Howard Bashman



"IRS suit tackles gay marriage": The Pioneer Press today contains an article that begins, "Thirty-four years after they first applied for a marriage license, Jack Baker and L. Michael McConnell are suing the IRS because they weren't allowed to file a joint tax return. Baker, a Minneapolis corporate attorney and a local pioneer in gay activism, is representing McConnell, his partner, in the lawsuit that was filed Tuesday in U.S. District Court."
Posted at 23:44 by Howard Bashman



"Rough Road to Integration: Delaware found a way to make busing work; That may be about to change." This article appears today in The Philadelphia Inquirer.
Posted at 23:37 by Howard Bashman



"Soldiers' defense not seen as winning strategy; Jail abuse to be blamed on following of orders": This article appears today in The Baltimore Sun.
Posted at 23:34 by Howard Bashman



"AG's brief assails campus gun ban": The Salt Lake Tribune today contains an article that begins, "The state Attorney General's Office says the Utah Constitution contains no right to academic freedom for the state's public colleges and universities. That means, assistant Attorney General Brent Burnett argued in a brief filed with the Utah Supreme Court, that the University of Utah cannot continue to defy the will of the Legislature and ban guns from its campus."
Posted at 23:32 by Howard Bashman



"Perry lets mentally ill man be executed; Parole board's rare clemency vote overridden": This article appears today in The Houston Chronicle.
Posted at 23:30 by Howard Bashman



"Law school's shooting victims can't let him go; Suits claim rampage at Appalachia campus could've been avoided": The Associated Press today provides this report.
Posted at 23:27 by Howard Bashman



Ten Commandments news: From Alabama, The Birmingham News today contains an article headlined "Man: Chamber fired him over religious pin." The Montgomery Advertiser yesterday reported that "'Pledge' bill, others out of time." And last week The Advertiser reported that "Knight wants Moore to foot bill."

From Georgia, The Atlanta Journal-Constitution today reports that "Holding of school functions in churches questioned."

From Pennsylvania, The York Daily Record reported on Monday that "About 80 rally in support of religious monument; The three-hour event in Hanover's Wirt Park on Sunday featured music and prayer."

And from New Jersey, a Ten Commandments monument was involved in a motor vehicle accident that critically injured several people, The Newark Star-Ledger reported here on Monday.
Posted at 23:04 by Howard Bashman



"Sierra Club Challenges President Bush's Recess Appointment of William Pryor": The Sierra Club today issued this press release and filed this motion (44-page PDF document) in the U.S. Court of Appeals for the Eleventh Circuit. In tomorrow's edition of The Fulton County Daily Report, Jonathan Ringel reports that "Sierra Club Challenges Pryor's Judgeship."
Posted at 22:39 by Howard Bashman



View online Chief Justice William H. Rehnquist's interview with C-SPAN's Brian Lamb televised this past weekend on Book TV: The interview is available online at this link (Real Player required) and runs nearly one hour. The interview occurred in connection with the Chief Justice's latest book, "Centennial Crisis: The Disputed Election of 1876." You can access an excerpt from the book at this link.
Posted at 20:05 by Howard Bashman



Available online from National Public Radio: This evening's broadcast of "All Things Considered" contained a segment entitled "U.S. Soldier to Serve One Year for Iraqi Prison Abuses."

Today's broadcast of "Day to Day" contained segments entitled "Guilty Plea in Court Martial of Iraqi Prison Abuse Suspect" and "Spanish-Language 'Shock Jocks' Dodge the FCC."

Finally, today's broadcast of "Talk of the Nation" contained segments entitled "U.S. Soldier Sentenced for Iraqi Prison Abuse" and "FCC: Chill Factor?"

As always, Real Player is required to play these audio segments.
Posted at 19:44 by Howard Bashman



"Slippery Slop: The maddening 'slippery slope' argument against gay marriage." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 19:40 by Howard Bashman



"Judge throws out ship-boarding charges against Greenpeace": The Associated Press provides this report from Miami.
Posted at 16:34 by Howard Bashman



All others must drive the posted speed limit: The Charlotte Observer yesterday contained an article headlined "'In God We Trust' may rate license plate; Tag design also includes yellow ribbon for troops." And in today's newspaper, columnist Tommy Tomlinson has an essay entitled "Bumper crop of license plate ideas" that begins, "Church and state, shmurch and state. Letting N.C. drivers buy license plates that say 'In God We Trust' is a brilliant idea."
Posted at 16:06 by Howard Bashman



"Yemeni's lawsuit contends special tribunal violates Constitution": This article appears today in The Seattle Times. In somewhat related news, The Miami Herald reports today that "Detainees to get a yearly chance at release; The Pentagon said that Guantanamo detainees will have annual access to a review process in which they can present arguments that they should be freed."
Posted at 15:13 by Howard Bashman



"Kistler withstands challenge for Supreme Court seat; Incumbents William Riggs and Robert Wollheim are leading comfortably in other statewide judicial contests": The Oregonian today contains an article that begins, "An Oregon Supreme Court justice targeted by cultural conservatives because of his sexual orientation was comfortably defeating a Lake Oswego lawyer in Tuesday's primary election. Rives Kistler, thought to be the only openly gay state Supreme Court justice in the country, was beating James Leuenberger by a 3-2 ratio."
Posted at 15:00 by Howard Bashman



"How Does a Court-Martial Work? Who sits on the jury? What are the punishments? Can you appeal?" Phillip Carter, whose blog you can access here, today has this explainer essay online at Slate.
Posted at 14:50 by Howard Bashman



In news from Kansas: The Topeka Capital-Journal reports that "Supreme Court blocks order closing schools."
Posted at 14:40 by Howard Bashman



"Let's keep those robes out of the mire": Cragg Hines, a columnist for The Houston Chronicle, today has this essay in that newspaper.
Posted at 14:33 by Howard Bashman



"White House and Senate Compromise on Most Judicial Nominations; Deal allows votes on 25 and bars recess moves, but Democrats will keep filibustering several": This article appears today in The Los Angeles Times. Bob Egelko of The San Francisco Chronicle reports that "Deal frees vote on some Bush judges; Dems win demand for no appointments during recess, effectively killing 2 choices." And The Metropolitan News-Enterprise reports that "Senators, Bush Administration Reach Deal on Judges; Schiavelli Confirmation Likely by Next Month."

In coverage from outside of California, The Capital Times of Madison, Wisconsin reports that "Senate judge logjam over, Sykes likely to leave soon." The Seattle Times reports that "Deal breaks judicial deadlock." The South Florida Sun-Sentinel reports that "Prosecutor becomes first black woman to serve as federal judge in Florida." And The Palm Beach Post reports that "Senate confirms judge for Southern District of Florida."

My earlier posts collecting other coverage of this news can be accessed here and here.
Posted at 14:22 by Howard Bashman



Catt's cat's paw and whether default proceedings in an Indiana state court can collaterally estop the debtor in a federal bankruptcy case: Circuit Judge Richard A. Posner, on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit, has today issued another quite interesting opinion.
Posted at 14:13 by Howard Bashman



"Court Upholds Ex-Congressman's Conviction": The Associated Press provides this report.
Posted at 14:07 by Howard Bashman



Access online U.S. District Judge Alfred M. Wolin's press release in reaction to the Third Circuit's decision ordering his recusal from three large asbestos-related bankruptcy cases: The text of the press release, which Judge Wolin issued yesterday, is available online here. Earlier today I linked to news coverage of this press release. The ruling that a divided three-judge panel of the U.S. Court of Appeals for the Third Circuit issued on Monday of this week can be accessed here. And don't overlook the Third Circuit's advice for those having problems with that court's PDF documents.
Posted at 13:28 by Howard Bashman



"Ranking House Judiciary Democrat Asks for Investigation of DOJ": Law Professor Eric L. Muller has this report at his "IsThatLegal?" blog.
Posted at 13:18 by Howard Bashman



"On day out of prison, disabled man wins U.S. Supreme Court decision": The Associated Press reported here yesterday that "One day after finishing a prison sentence for using a crutch as a weapon, George Lane was celebrating his role as an advocate for disabled Americans. Lane, an amputee, sued the state of Tennessee for damages because he was forced to crawl up the Polk County Courthouse steps to attend his own criminal hearing because there was no elevator."

And today in The Denver Post, columnist Al Knight has an op-ed entitled "Court loses way again" that begins, "The U.S. Supreme Court has issued another in a series of what might be called 'perishable' decisions - rulings that are good for now or until further notice."
Posted at 12:33 by Howard Bashman



"2 KKK members banned from UofL; University says men violated rules on posting fliers, visiting campus": The Courier-Journal today contains an article that begins, "After mounting tension over leafleting by the Ku Klux Klan, University of Louisville officials have accused two KKK members of posting 'insensitive and offensive' material and banned them from campus."
Posted at 12:25 by Howard Bashman



The Associated Press is reporting: Now available online are articles headlined "U.S., Okla. Settle Muslim Head Scarf Case" and "Cases Revive Childbirth Rights Debate."
Posted at 12:22 by Howard Bashman



Available online from National Public Radio: Today's broadcast of "Morning Edition" contained segments entitled "First Iraqi Abuse Trial Yields Guilty Plea"; "U.S. Soldier Sentenced to Year in Prison for Iraq Abuse"; "Commentary: Abu Ghraib and the Dark Side of Humanity"; and "'The Gay and Lesbian Atlas.'"

And yesterday evening's broadcast of "All Things Considered" contained segments entitled "Guantanamo Detainees to Get Yearly Hearings"; "Iraq Prison Abuse Court-Martial to Get Under Way"; "Courts-Martial: A Primer"; "Tobacco Awards Argued for Addicted Smokers"; and "State of Gay Marriages in San Francisco."
Posted at 12:10 by Howard Bashman



"Judge defends his work on asbestos cases; Newark's Wolin calls his removal by appeals court 'profoundly impractical'": Today's issue of The Newark Star-Ledger contains an article that begins:
In all his years on the bench, U.S. District Judge Alfred Wolin has never shied away from speaking his mind. Yesterday he did it again.

This time his target was the federal appeals court that on Monday removed him from three major asbestos bankruptcy cases after concluding that his methods created the perception he was biased.

Wolin, 71, issued a 2 1/2-page statement defending his handling of the cases and criticizing the decision to remove him as "profoundly impractical." Some lawyers in the case were astonished that a lower court judge would criticize a higher court.

"The trust the judiciary has earned over centuries of honorable service is not wasted by the case management techniques I put in place," Wolin wrote. "On the contrary, that trust is put to its highest use, to solve one of our society's most difficult and intractable problems."
Anyone who has a copy of Judge Wolin's opinion is invited to email it to me for posting online.
Posted at 11:37 by Howard Bashman



U.S. Court of Appeals for the Sixth Circuit affirms former U.S. Congressman James A. Traficant, Jr.'s criminal conviction for violating federal anti-corruption statutes: You can access today's ruling of a unanimous three-judge panel here (HTML) and here (PDF).
Posted at 09:33 by Howard Bashman



"Jurors' 122-Query Survey: Sex, Pot and the Mundane." The Los Angeles Times today contains an article that begins:
The questions were unusual, but then so is the case.

Potential jurors in the highly publicized trial of three young men accused of raping a 16-year-old girl filled out a form containing 122 questions about their experiences and beliefs, including highly personal queries that asked whether they had used sex toys, watched X-rated movies, viewed pornographic websites or were "sexually adventurous."

Legal experts were divided over the propriety of the questions, contained in a 23-page jury survey that Orange County Superior Court Judge Francisco Briseno released Tuesday. He ordered that the potential jurors' responses remain sealed.
You can access the complete article at this link.
Posted at 09:30 by Howard Bashman



"Compromise or Surrender? The White House gives Tom Daschle a victory in the judicial wars." Byron York today has this very interesting essay at National Review Online.
Posted at 09:18 by Howard Bashman



In today's edition of The Miami Herald: Today's newspaper contains articles headlined "Black woman state's first to become federal judge; The U.S. Senate confirmed Marcia G. Cooke of Bay Harbor Islands as a federal judge; The attorney for Miami-Dade County is the first black woman in Florida to hold that post" and "Moral objector or deserter? Dade soldier faces trial; A Florida National Guard member from North Miami will go on trial today on a charge that he deserted his post in Iraq when he failed to return from leave."
Posted at 09:15 by Howard Bashman



"Deal clears way for votes on 25 judicial nominees": This article appears today in The Washington Times.

In local coverage of this news, The Milwaukee Journal Sentinel reports today that "Vote on Sykes' nomination advances; Deal frees 25 judicial appointments from limbo." The Express-Times of Easton, Pennsylvania today contains an article headlined "Nominee moves nearer bench; Bush makes a deal on federal judges" that begins, "The wait may soon be over for U.S. District Court Judge Franklin S. Van Antwerpen." And The Morning Call of Allentown reports that "Van Antwerpen vote expected next month; Democrats in Senate accept action on non-controversial judges in deal ending recess appointments."

Finally, Quin Hillyer, editorial writer for The Mobile Register, offers a post titled "Half a loaf" at the "Southern Appeal" blog.
Posted at 07:20 by Howard Bashman



"Prosecutors can show Web postings; But judge says that evidence could still be dismissed": The Idaho Statesman today contains an article that begins, "Federal prosecutors were permitted to show the jury in the Sami Al-Hussayen terrorism case several articles and links from Web pages prosecutors say were posted to solicit support for terror groups."
Posted at 07:13 by Howard Bashman



In Wednesday's newspapers: In The New York Times, Adam Liptak reports that "U.S. Barred Legal Review of Detentions, Lawyer Says." In other news, "Governor Moves on Non-Massachusetts Couples." An article is headlined "A Filmed Taste of Changed Lives Since the Brown Case in 1954." In news from Florida, "Youth Who Won Abuse Suit Is Held in Daughter's Killing." An article reports that "An Invitation to Rowland Is to Become a Subpoena." And letters to the editor appear under the headings "A Milestone Day for Gay Marriage"; "Torture, Terror and the Law"; and "The Patriot Act and Me."

The Washington Post reports that "U.S. to Review Detainees' Cases." In other news, "Marriage License Is Just A Start; Gay Couples Face Other Legal Tests." A front page article reports that "3 to Be Arraigned in Prison Abuse; Defense to Argue Military Intelligence Officers Were in Charge." In other news, "Nation's Courts Faulted on Foster Care." In business news, "IRS Wins Tax Shelter Ruling; Another Judge Rejects Attorney-Client Privilege Claim" and "Expert Faults Tyco Bonus Deal; Linking Counsel's Pay to CEO's Called Potential Conflict." In local news, "U.S. Attorney For the District To Leave Post." Columnist Anne Applebaum has an op-ed entitled "Blanding-Down History." And letters to the editor appear under the heading "Civil Rights Heroes and Heritage."

The Christian Science Monitor contains an article headlined "Can torture be justified? At hearings Wednesday, the Senate Armed Services Committee will question top Army officers on interrogation of prisoners in Iraq." And an article examines "How FBI is remaking intelligence functions; Bureau's new intelligence coordinator says US doesn't need a British-style MI5 agency for domestic spying."
Posted at 06:50 by Howard Bashman



"Sivits pleads guilty at Abu Ghraib court-martial; Three soldiers defer pleas at arraignment": CNN.com reports here that "Spc. Jeremy Sivits on Wednesday pleaded guilty to three charges at the first court-martial in the Iraqi prisoner abuse scandal."
Posted at 06:44 by Howard Bashman



Tuesday, May 18, 2004
Elsewhere in Tuesday's newspapers: The Boston Globe, in same-sex marriage-related news, contains articles headlined "Wedding day: First gays marry; many seek licenses"; "Some couples avoid 3-day wait to wed"; "Groups hold out for public furor before acting"; "Decisions on out-of-staters in courts' hands"; "R.I., Conn. may grant recognition"; "Romney keeps low profile, but reiterates that voters should decide issue"; "Survey finds women in majority"; "Rush of reporters worldwide attracts some limelight, too"; "'It was a new experience for us'"; and "From this day, paired for life." In other news, "Kerry, Bush mark 1954 school-rights ruling; Make separate visits to city in Kansas that gave rise to decision." An editorial is entitled "Legal at last." Columnist Brian McGrory has an essay entitled "Civilization in ruins." Stephen Whitfield has an op-ed entitled "The resurrection of Emmett Till." And letters to the editor appear under the headings "SJC ruling is flawed" and "Delighted by marriage headline."

In The Los Angeles Times, David G. Savage reports that "Disabled People Can Sue States Over Access, High Court Rules." In other news, "U.S. High Court Won't Take Execution Case; The way is cleared for DNA testing on evidence from a Chino Hills quadruple slaying." An article reports that "Gay Couples Tie the Knot in Massachusetts; On the first day of legal same-sex marriages, hundreds apply for licenses and a few obtain waivers so they can wed immediately." In somewhat related news, "Gay Marriage Bill Expected to Die in Assembly; Democratic lawmakers say they plan to revive the measure in 2005, after state courts have had time to rule on pending cases." An article reports that "Bush, Kerry Extol Brown Ruling, Separately; The president and his Democratic rival commemorate the high court decision, but say discrimination has not been overcome." In related news, "Students Mark 50 Years of School Desegregation; Mock trials, protests, forums commemorate Brown vs. Board of Education decision." An article is headlined "Counting on Time to Break a Silence; Justice Department's reopening of the 1955 murder case of Emmett Till hinges on black and white witnesses telling long-kept secrets." In other news, "Death of Prisoner Detailed in Testimony." In regional news, "Date-Rape Drug Scenario Raised at Trial; Haidl video indicates the girl was drugged, an expert testifies; Evidence is lacking, defense says" and "Jerry Brown Files to Enter Attorney General's Race." Columnist Robert Scheer has an essay entitled "Scandal's Shame, Massachusetts' Pride." And letters to the editor appear under the heading "The Effects of Reining In Business Lawsuits."

In USA Today, Joan Biskupic reports that "Justices' ruling favors disabled; States can be sued over access to courthouses." In other news, "First weddings intensify gay-marriage debate; Massachusetts sets stage for battles elsewhere." An article reports that "Bush, Kerry mark anniversary of civil rights ruling; Candidates focus on education and segregation issues." In other news, "Hometown says soldier was always eager to please; Neighbors support first to face court-martial" and "Soldiers' defense: Right and wrong got blurred." And Tony Perkins has an op-ed entitled "Gender is different from race."

The Washington Times reports that "Homosexuals 'marry' in Massachusetts." In related coverage, "Gay unions stir up election" and "Black pastors assail gay analogy." An article reports that "Bush hails 50 years of advances under Brown." In other news, "House probes finances of civil rights panel." An article reports that "Court spurns pilot's appeal." And an editorial is entitled "Righting 'a great wrong.'"
Posted at 23:50 by Howard Bashman



Commemorating the 50th anniversary of Brown v. Board of Education: The Topeka Capital-Journal today contains articles headlined "'Day of justice': Thousands mark milestone and Topeka's role"; "Plaintiffs, relatives elated with day's events"; "Topeka shares TV time with breaking news; Iraq, gay weddings diminish coverage of Brown"; "McClinton pleased with city's performance"; "Changed America; Topekans welcome dignitaries"; "Politics not the main event"; "Security out in full force; Only two arrested; president, senator visit without any complications"; "Making history: Presidential hopeful recounts state's role in civil rights"; "50 years after Brown: Business bias still exists in Topeka, owner says"; "A close call with history: Williams students experience neighborhood's day in spotlight"; "Officials say transportation went smoothly"; and "Review: 'Now Let Me Fly' uplifting."

The Lawrence (Kan.) Journal-World today reports that "Former KU professor argued on losing side."

The Wilmington News Journal reports that "Delawareans unveil historic Brown markers; Bush, Kerry visit Kansas city involved in decision 50 years ago."

The Chicago Tribune reports that "Focus of legal battles shifts from equality to adequacy."

The Philadelphia Inquirer contains an article headlined "Isolated in the Suburbs: Some leave the city for better schools and find things are not much different."

The Birmingham News reports that "Judge calls civil rights decision 'profound.'"

The Daily Bruin reports that "All sides of debate on Prop. 209 use ruling."

And The Florida Times-Union contains an article headlined "Courthouse to have late judge's name; Simpson made bold civil rights decisions" that begins, "Jacksonville's new federal courthouse will be named for a former federal judge whose bold civil rights decisions in the 1960s shaped desegregation of schools and public places across Florida."
Posted at 23:38 by Howard Bashman



Available online from law.com: Shannon P. Duffy reports that "Federal Judge Removed From Three Asbestos Cases; Court advisers' conflicts of interest raised 'perception of bias.'" An article is headlined "9th Circuit: Companies Can Sue Over Civil Rights; Court says businesses can have racial identity, sue for discrimination." In other news, "Military Justice Put on Trial in Iraq Abuse Scandal." And an article reports that "$1.3 Billion Fee Upheld in California Tobacco Case."
Posted at 23:27 by Howard Bashman



A memorable night in more ways than one: I'm pleased to report that my wife returned home from the hospital tonight following her surgery last Friday. We arrived at the house just in time to watch the final innings of Randy Johnson's perfect game (recaps here and here and box score here). Count me among the many Atlanta Braves fans who applaud the Diamondbacks' pitcher's amazing accomplishment. This baseball news follows closely last night's amazing pitching performance by my son, who made his debut at that position. He threw a perfect inning, consisting of two strike outs followed by a line out to shortstop, in a league for third- and fourth-graders where most pitchers struggle to attain the strike zone.
Posted at 23:21 by Howard Bashman



"Deal Ends Impasse Over Judicial Nominees": Neil A. Lewis will have this article in Wednesday's edition of The New York Times. And tomorrow's issue of The Washington Post will report that "President, Senate Reach Pact On Judicial Nominations; Bush Vows He Won't Use Recess Appointments; 25 to Get Vote." The Post's article concludes:
Once the agreement was reached yesterday, the Senate voted unanimously to confirm Marcia G. Cooke, a Florida lawyer, for a district judgeship. The rest are to be voted on by the end of June, according to Frist.

The only seriously controversial nominee on the list of 25 is James Leon Holmes, whose nomination to a district court was sent to the full Senate without recommendation from the judiciary panel. Holmes had been criticized by some senators for his strong antiabortion views and his 1997 comments in a religious publication that a "wife is to subordinate herself to her husband."
And in news relating to one of the current recess appointees, The Vicksburg Post today contains an article headlined "Pickering: Promote reconciliation."
Posted at 23:11 by Howard Bashman



"GOP-Dem deal on judges; Up-or-down votes for ending recess appointments": Wednesday's edition of The Hill will contain this article.
Posted at 23:09 by Howard Bashman



"States' rights momentum on court may be waning; Justice O'Connor played key role in two cases that suggest limits to the federalism revolution": Warren Richey will have this article in Wednesday's issue of The Christian Science Monitor.
Posted at 23:02 by Howard Bashman



"Fight for civil rights divides past, present; As six gay couples apply for marriage licenses, African-American pastors denounce gay marriage": This article appears today in The St. Petersburg Times. The Chicago Tribune reports that "1st wedding bells ring for gays; Couples speak vows, sometimes festively, sometimes quietly, under debut of Massachusetts law." And The Arizona Republic today reports that "Arizona Capitol rally protests same-sex marriage; 'Family values' activists, gays mix at march."
Posted at 18:55 by Howard Bashman



The Associated Press is reporting: Now available online are articles headlined "Bush, Democrats Reach Deal on Nominations"; "Guantanamo Detainee Reviews Begin Soon"; "Court Reinstates Mo. Inmate's Sentence" (plus, access yesterday's ruling of the U.S. Court of Appeals for the Eighth Circuit at this link); "Ariz. Man Testifies at Nichols Trial"; and "Jail Imposes Dress Code for Visitors."
Posted at 18:45 by Howard Bashman



"Trust us: Defending the administration's enemy-combatant policy, the Justice Department told the Supreme Court that the U.S. doesn't torture prisoners. Just hours later, the Abu Ghraib story broke. Did the U.S. intentionally mislead the court?" Salon.com yesterday posted this article by Tim Grieve.
Posted at 17:38 by Howard Bashman



"Judicial Nominees Covered by Agreement": The Associated Press provides this listing of "non-controversial" judicial nominees whose confirmation now appears imminent.

The nominees to the U.S. Courts of Appeals on that list are Raymond W. Gruender for the Eighth Circuit; Franklin S. Van Antwerpen for the Third Circuit; Diane S. Sykes for the Seventh Circuit; Peter W. Hall for the Second Circuit; and William Duane Benton for the Eighth Circuit. And, believe it or not, also included on the list as "non-controversial" is J. Leon Holmes for the U.S. District Court for the Eastern District of Arkansas.
Posted at 17:07 by Howard Bashman



Not a Hobson's choice: A three-judge panel of the U.S. Court of Appeals for the Second Circuit today rejected a challenge to the legality of the fugitive disentitlement provision of the Civil Asset Forfeiture Reform Act of 2000. The statute provides that if a person subject to a criminal warrant or process attempts to avoid prosecution by "declin[ing] to enter or reenter the United States to submit to its jurisdiction," a federal court may refuse to entertain the person's objection to a civil forfeiture proceeding.

In this case, a Colombian national under indictment for her alleged operation of a multi-million dollar money-laundering enterprise was objecting to the seizure of $1.1 million from an account at Prudential Securities, Inc., in New York. Because the woman had refused to enter the United States to face these criminal charges the federal district court had dismissed her challenge to the forfeiture under the fugitive disentitlement provision. You can access today's very interesting majority opinion at this link and the concurring opinion of Circuit Judge Robert A. Katzmann at this link.
Posted at 16:46 by Howard Bashman



What's with the annoying pop-up advertising? It appears that one of the formerly unobtrusive, "free" hit-counters located at the bottom of this page has begun to generate annoying pop-up ads as this page loads in one's Web browser. I am deleting the hit-counter that I believe is to blame. If readers keep getting these pop-up ads when loading this page, please let me know and I will investigate further.
Posted at 16:18 by Howard Bashman



"Bush, Democrats Reach Deal on Nominations": Jesse J. Holland of The Associated Press reports here that "Breaking a monthslong impasse, the White House and Senate Democrats struck a deal Tuesday allowing confirmation of dozens of President Bush's judicial nominations in exchange for an administration promise not to bypass the Senate again this year." And Reuters offers an article headlined "Daschle: Accord Reached to End Judicial Blockade."
Posted at 16:01 by Howard Bashman



U.S. Court of Appeals for the Fourth Circuit rejects additional constitutional challenges to the Coal Industry Retiree Health Benefits Act of 1992: You can access today's ruling in Pittston Co. v. United States at this link.
Posted at 14:45 by Howard Bashman



"Court affirms death penalty; State's top jurists rule on Hayward man who killed an elderly couple in Castro Valley in 1989": This article appears today in The Oakland Tribune. And The Metropolitan News-Enterprise today reports that "Death Sentence Upheld in Killing of Elderly Couple."
Posted at 14:14 by Howard Bashman



On today's broadcast of NPR's "Day to Day": Today's broadcast included segments entitled "Mass. Reacts to Legalization of Same-Sex Marriage"; "Slate's Jurisprudence: Banning Cell Phone Cameras" (featuring Dahlia Lithwick); and "Roots of Racial Justice in South Carolina, Part 2." Real Player is required to play these audio segments.
Posted at 14:07 by Howard Bashman



"Can This Marriage Be Saved? Gay marriage is risky, but banning it is riskier." This essay by Jonathan Rauch appears today at Reason.
Posted at 13:53 by Howard Bashman



Qui tam litigant proceeding without counsel causes the U.S. Court of Appeals for the Seventh Circuit to decide some questions of first impression: Today's opinion by Circuit Judge Richard A. Posner, on behalf of a unanimous three-judge panel, holds both that the time for appeal is 60 days even when the federal government fails to participate in the suit and that qui tam actions cannot be prosecuted by individuals who lack an attorney.
Posted at 13:39 by Howard Bashman



Ninth Circuit holds that damages for emotional distress are not among the "actual damages" that a debtor in bankruptcy may recover from a creditor that willfully violates the automatic stay: You can access today's ruling of a unanimous three-judge panel at this link.
Posted at 13:30 by Howard Bashman



"Skepticism on spy case is reported; A former investigator says her questioning of the evidence was ignored by military": The Sacramento Bee today contains an article that begins, "Military investigators repeatedly ignored warnings that they were overstating their evidence against espionage suspect Ahmad I. Al Halabi, instead pushing forward at all costs to prove the Travis airman was 'a little fish' in an al-Qaida ring based at Guantanamo Bay, Cuba."
Posted at 10:58 by Howard Bashman



"Buying wine across state lines: Time to throw out archaic monopolies." This editorial appears today in The Las Vegas Review-Journal.
Posted at 10:56 by Howard Bashman



Newspapers throughout the Nation report on yesterday's developments at the U.S. Supreme Court: In The San Francisco Chronicle, Bob Egelko reports that "States can be sued by disabled; 5-4 decision addresses only the right to court access" and "Death row inmate can continue appeal."

The Pittsburgh Post-Gazette reports that "In 5-4 decision, justices allow disabled to sue states over access." The Hartford Courant reports that "Ruling Affirms Access To Courts; Supreme Court Allows Lawsuits Over Courthouses That Lack Accommodations For Disabled." The Atlanta Journal-Constitution reports that "Ruling affirms rights of disabled."

The Baltimore Sun reports that "U.S. Supreme Court moves to uphold public corruption law used against Norris." And The Detroit Free Press reports that "Ex-pilot can't sue Livonia woman; U.S. Supreme Court refuses to hear appeal."
Posted at 10:44 by Howard Bashman



"Parole board votes to stop execution; Perry to have last word on mentally ill killer's fate": This article appears today in The Houston Chronicle. Yesterday's ruling of the U.S. Court of Appeals for the Fifth Circuit in this matter can be accessed here.

And in somewhat related news, The Virginian-Pilot today contains an article headlined "Standing for justice without 'vengeance.'"
Posted at 10:00 by Howard Bashman



On today's broadcast of NPR's "Morning Edition": This morning's broadcast contained segments entitled "Disabled Rights Advocates Win Limited Court Victory" (featuring Nina Totenberg); "Dozens of Same-Sex Couples Marry in Massachusetts"; "Bush, Kerry Mark 'Brown' Anniversary in Topeka"; "NCAAP Director on the Civil Rights Battles Ahead"; and "Reservists to Face Courts-Martial Wednesday."
Posted at 09:37 by Howard Bashman



"Supreme Court rules against Minneapolis developer Sabri": This article appears today in The Star Tribune.
Posted at 09:05 by Howard Bashman



"Nomination faces key vote; If confirmed, Marcia Cooke would become the first black woman appointed to a federal judgeship in Florida": The Miami Herald today contains an article that begins, "Republicans trying to nudge along judicial nominations made by President Bush will force Democrats today to take a potentially embarrassing vote on stalling the appointment of the first black woman to a federal judgeship in Florida. Last week, Senate Republicans set in motion today's scheduled vote to close off debate on the appointment of Marcia Cooke, an assistant Miami-Dade County Attorney and the former chief inspector general for Gov. Jeb Bush."
Posted at 08:57 by Howard Bashman



"Prosecutors seek conservative venues for porn trials": This article appears today in The Pittsburgh Tribune-Review. A related chart can be accessed here (PDF file).
Posted at 08:54 by Howard Bashman



"Pledge opponent fights legal fees in daughter custody case": The Associated Press provides this report. And in news from North Carolina, The Charlotte Observer reports today that "'In God We Trust' may rate license plate; Tag design also includes yellow ribbon for troops."
Posted at 07:22 by Howard Bashman



"Judge upholds $1B diet-drug verdict against Wyeth": This article appears today in The Newark Star-Ledger. Reuters reports that "Judge Upholds $1 Billion Fen-Phen Award." And The Associated Press reports that "Judge Affirms $1B Award in Fen-Phen Case."
Posted at 07:08 by Howard Bashman



"Judge in Hussayen trial will decide on Internet evidence; Feds say e-mails prove 'material support' provided": The Idaho Statesman contains this article today.
Posted at 07:00 by Howard Bashman



"Court removes judge from asbestos cases": This article appears today in The Newark Star-Ledger. Reuters reports that "Judge ordered to step down in 3 US asbestos cases." And The Toledo Blade reports that "Judge removed from OC bankruptcy case; Possible conflict of interest cited; delay of another year possible."
Posted at 06:45 by Howard Bashman



In Tuesday's newspapers: In The New York Times, Linda Greenhouse reports that "States Can Be Liable for Not Making Courthouses Accessible." In same-sex marriage-related news, "Despite Uncertainties, Out-of-Staters Line Up to Marry" and "In Court, Mayor Backs Weddings." An article reports that "Bush and Kerry Mark Desegregation in Topeka." In related news, "$50 Million Gift Aims to Further Legacy of Brown Case." In news from California, "Schwarzenegger Files Suit Against Bobblehead Maker." An article reports that "Iraq-Born Swede Asks $100,000, Claiming Torture at Abu Ghraib." In news from Florida, "Parents in Feeding-Tube Case Ask to Resume Visits." An article reports that "Michigan Landowner Who Filled Wetlands Faces Prison." And letters to the editor appear under the heading "Brown v. Board, 50 Years Later."

In The Washington Post, Charles Lane reports that "Disabled Win Right to Sue States Over Court Access." In same-sex marriage-related news, "Gay Couples Marry in Massachusetts; Hundreds Tie Knot On Day One, but Questions Remain"; "A Carefully Considered Rush to the Altar; Lesbian Pair Wed After 7 Years Together"; and "Altared State: After Decades of Courting and Waiting, Same-Sex Couples Line Up Early for a Marriage Made in Massachusetts." An article reports that "Bush and Kerry Mark '54 Ruling; Nation 'Strives to Do Right,' President Says." In related news, "Integrating Jubilation Into the Struggle." An article reports that "Democrats Ask to Recall Haynes; New Questions for Judicial Nominee." And an article is headlined "At the Nervous Center of Homeland Security; Operations Hub Coordinates National Vigil."

The Christian Science Monitor contains an article headlined "Global impact of the courts-martial; The abuse trials of US soldiers in Baghdad starting Wednesday will provide an example of justice, but will carry their own risks." And in other news, "Amid roses and camera clicks, day of vows; From Provincetown to Springfield, gays apply for marriage licenses as media chronicle historic moment."
Posted at 06:30 by Howard Bashman



Monday, May 17, 2004
Elsewhere in Monday's newspapers: The Boston Globe, in same-sex marriage-related news, contains articles headlined "Free to marry: Historic date arrives for same-sex couples in Massachusetts"; "In middle America, a mix of hope, anxiety"; "Cambridge plays host to a giant celebration"; "Romney among key figures invited to nuptials -- but he won't attend"; "At churches, acceptance nudges opposition; Clergy quell censure, call for tolerance of new law"; "R.I., Conn. attorneys general expected to decide on Mass. nuptials"; "Clerks in tight spot politically; Changing times exert pressure on low-profile staff"; and "Municipalities say residency won't be an issue." An editorial is entitled "A wedding toast." Howard Dean has an op-ed entitled "Vermont's lessons on gay marriage." Law Professor Charles J. Ogletree Jr. has an op-ed entitled "The 1954 Brown ruling opened America's doors." And columnist Adrian Walker has an essay entitled "Brown revisited."

The Los Angeles Times reports that "Massachusetts Begins Allowing Gays to Wed; A marriage license is issued to the first same-sex pair early today; Couples wishing to do likewise must consider the legal and cultural consequences." An article is headlined "Topeka's 'Biggest' Day: Bush, Kerry and Brown Ruling." A related article is headlined "The Brown decision as living history: An Ontario teacher born during segregation helps his students to weigh the effects of the famous court case." In regional news, "'Dead Dads' Bill Takes On Difficult Legal Question; The proposed state law gives inheritance rights to children born from frozen embryos, sperm" and "Unity Seen as Vital for 3 Teens on Trial; The father of one of the young men accused of a videotaped gang rape in Orange County is paying for much of the defense; Their goals intertwine." An editorial is entitled "A Continuing Journey." And Abigail Thernstrom has an op-ed entitled "No, Brown Isn't a Bust; Fifty years after the monumental decision, it's popular to say that segregation is back; That's hogwash."

USA Today reports that "Same-sex marriage begins in Mass.; Gay couples line up to apply for licenses." In related coverage, "Next up is battle for recognition; Policies on marriages still in flux." An article is headlined "The ordeal of Chaplain Yee: Charges have been dropped against officer once branded a traitor, but questions still shadow the case." In other news, "Former guard has a history of complaints; Graner faced abuse charges while working at Pa. prison." And in related coverage, "First abuse trial starts Wednesday."

The Washington Times contains an article headlined "50 years later, Brown disappointments." An article addresses "How Brown advanced to head of the class action." In other news, "Lawsuit in deaths of aliens lingers." An article is headlined "A patient's promise to avoid a lawsuit." And an op-ed by U.S. Senators Orrin Hatch and Jim Talent is entitled "The bench vs. people."
Posted at 23:50 by Howard Bashman



"1954 ruling seen as model of judicial activism; Landmark segregation and gay nuptial cases have similarities": Bob Egelko today has this article in The San Francisco Chronicle.
Posted at 23:44 by Howard Bashman



"Court boosts civil rights law for disabled; By ruling in favor of a paraplegic who crawled up to a second-floor courtroom, justices signal possible shift away from states' rights": Warren Richey will have this article in Tuesday's issue of The Christian Science Monitor.
Posted at 23:43 by Howard Bashman



"Supreme Court upholds key provision in disabilities act": Stephen Henderson of Knight Ridder Newspapers provides this report.
Posted at 23:40 by Howard Bashman



On the 50th anniversary of the U.S. Supreme Court's ruling in Brown v. Board of Education: The Topeka Capital-Journal offers this archive of very interesting articles published in The Topeka Daily Capital or the Topeka State Journal between 1951 and 1956.

Turning to more of today's news coverage, The Wilmington (Del.) News Journal today contains articles headlined "Delaware cases first to strike down segregation; Judge ruled Hockessin, Claymont schools 'unequal'"; "Attorney, judge played key roles; 'They were two very, very bright people who did what was right'"; and "Family endured hardship in legal fight; Small request to allow child on bus became major perseverance effort."

The Kansas City Star reports today that "Legacy of case frustrated lawyer."

The Lexington Herald-Leader contains an essay by William Green entitled "Vinson helped pave road to 'Brown.'"

The Philadelphia Inquirer contains an article headlined "Grassroots integration."

The Chicago Tribune reports that "South sees integration gains slip into past; From white to mixed to black."

The Baltimore Sun today contains an article headlined "Schools' historic ties to an unequal past; All-black facilities, like Queenstown Elementary, gave pupils a firm foundation before the 1954 ruling."

From Mississippi, The Clarion-Ledger reports that "Legacy of ruling plays out in Ayers case today."

The Daily Bruin reports that "Ruling slowly changed face of UCLA."

And The Boston Herald contains an article headlined "High court low point: SJC endorsed segregated Hub schools." The article begins, "It was a decision of the Massachusetts Supreme Judicial Court that many thought would go the other way, and some decried as government meddling in interpersonal relationships. But the year was 1850, not 2003, and Roberts vs. School Committee of Boston concerned not marriage but whether blacks and whites should go to school together."

Finally, C-SPAN has archived at this link (Real Player required) video of today's dedication ceremony for the Brown v. Board of Education National Historic Site in Topeka, Kansas.
Posted at 23:18 by Howard Bashman



"Federal inmate decides to fight death sentence; Attorneys for David Paul Hammer say his flip-flop decision shows he is mentally ill, should not be executed": The Indianapolis Star contains this article today.
Posted at 23:15 by Howard Bashman



"Legal case that made Oregon history is revisited; A panel examines the impact of a 1920s case involving the Catholic Church and the KKK": This article appears today in The Oregonian.
Posted at 23:10 by Howard Bashman



In Tuesday's edition of The New York Times: Tomorrow's newspaper will contain articles headlined "Hundreds of Same-Sex Couples Wed in Massachusetts" and "Appeals Court Orders Judge to Step Aside in Three Asbestos Cases."
Posted at 23:04 by Howard Bashman



"Who determines if a convict is mentally retarded?" The Pittsburgh Post-Gazette today contains this article.
Posted at 21:40 by Howard Bashman



"Nation faces years of legal tangles over same-sex marriages": This article appears today in The Pittsburgh Post-Gazette. The San Francisco Chronicle today reports that "Eager couples line up early, gain Massachusetts licenses; 'S.F. isn't there yet,' groom boasts at Cambridge City Hall." And The Boston Herald reports that "Opponents vow to keep up the fight."
Posted at 21:30 by Howard Bashman



Available online from National Public Radio: This evening's broadcast of "All Things Considered" contained segments entitled "High Court Sides with Disabled Man on Court Access" (featuring Nina Totenberg); "Gay Marriage Brings Bustle to Massachusetts"; "Gay Marriage: Three Possible Futures"; "Gay Marriage: Craig and Brent"; and "'Brown v. Board:' Letters to Eisenhower."

And today's broadcast of "Talk of the Nation" contained segments entitled "Crossing the Color Line" and "Contemporary Reality in Integrated Schools."

Real Player is required to play these audio segments.
Posted at 21:20 by Howard Bashman



The Associated Press is reporting: Gina Holland reports that "Court Rules in Favor of Consumer Debtors." And in other news, "Bush Marks School Integration in Kansas" and "Minister Seeks Communion Wine for Inmates."
Posted at 21:11 by Howard Bashman



"Court Upholds Application of Disability Law in Court Access": Linda Greenhouse has this news update online at The New York Times. And David G. Savage of The Los Angeles Times has a news update headlined "Court Applies Disability Rights to States."
Posted at 21:06 by Howard Bashman



"Supreme Court: Civil Rights Trump States' Rights; High court finds states not immune from courthouse access suits under ADA." Tony Mauro has this article online at law.com.
Posted at 21:01 by Howard Bashman



"Rehnquist Praises Jackson on Nuremberg": The AP offers this coverage.
Posted at 16:28 by Howard Bashman



"Federal judge removed from some asbestos cases": The Associated Press provides this report.
Posted at 16:24 by Howard Bashman



"High Court Upholds Rules in Disabilities Act; In Previous Cases, the Court Has Limited the Effect of the ADA": Charles Lane of The Washington Post provides this news update.
Posted at 15:23 by Howard Bashman



"Kan. Rededicates Brown School As Monument": The Associated Press provides this report.
Posted at 14:38 by Howard Bashman



On today's broadcast of NPR's "Day to Day": Today's broadcast contained segments entitled "Analysis of Supreme Court Ruling on ADA"; "Gay Marriage Now Legal in Massachusetts"; "Commentary: Fighting Gay Marriage, Dodging the Bigots"; and "Roots of Racial Justice in South Carolina."
Posted at 14:30 by Howard Bashman



Divided three-judge panel of the U.S. Court of Appeals for the Third Circuit issues writs of mandamus removing U.S. District Judge Alfred M. Wolin from continuing to preside over asbestos-related bankruptcy cases: You can access today's ruling at this link and the writs of mandamus here, here, and here. Senior Circuit Judge Leonard I. Garth delivered the opinion of the Court, in which Circuit Judge D. Brooks Smith joined. Circuit Judge Julio M. Fuentes dissented. This was the precise outcome and exact division among the panel that I predicted based on having read the briefs and attended the oral argument in this case.

Judge Wolin's decision refusing to recuse himself from these cases can be accessed here. And the Third Circuit's earlier ruling in this matter can be accessed here.
Posted at 13:25 by Howard Bashman



Today's U.S. Supreme Court opinions and Order List: The Supreme Court of the United States today issued opinions in five argued cases.

1. Justice John Paul Stevens delivered the opinion of the Court in Tennessee v. Lane, No. 02-1667, and the decision under review was affirmed. You can access the syllabus here; Justice Stevens' opinion of the Court, in which Justices Sandra Day O'Connor, David H. Souter, Ruth Bader Ginsburg, and Stephen G. Breyer joined, here; the concurring opinion of Justice Souter, in which Justice Ginsburg joined, here; the concurring opinion of Justice Ginsburg, in which Justices Souter and Breyer joined, here; the dissenting opinion of the Chief Justice, in which Justices Anthony M. Kennedy and Clarence Thomas joined, here; the dissenting opinion of Justice Antonin Scalia here; the dissenting opinion of Justice Thomas here; and the oral argument transcript here.

2. Justice Souter delivered the opinion of the Court in Sabri v. United States, No. 03-44, and the decision under review was affirmed and the case remanded. You can access the syllabus here; Justice Souter's opinion of the Court, in which Chief Justice and Justices Stevens, O'Connor, Ginsburg, and Breyer joined, and in which Justices Kennedy and Scalia joined all but Part III, here; Justice Kennedy's opinion concurring in part, in which Justice Scalia joined, here; Justice Thomas's opinion concurring in the judgment here; and the oral argument transcript here.

3. Justice Scalia delivered the opinion of the Court in Grupo Dataflux v. Atlas Global Group, No. 02-1689, and the decision under review was reversed. You can access the syllabus here; Justice Scalia's opinion of the Court, in which the Chief Justice and Justices O'Connor, Kennedy, and Thomas joined, here; Justice Ginsburg's dissenting opinion, in which Justices Stevens, Souter, and Breyer joined, here; and the oral argument transcript here.

4. Justice Stevens announced the judgment of the Court and delivered an opinion in Till v. SCS Credit Corp., No. 02-1016, and the decision under review was reversed and the case remanded. You can access the syllabus here; Justice Stevens' opinion, in which Justices Souter, Ginsburg, and Breyer joined, here; Justice Thomas's opinion concurring in the judgment here; Justice Scalia's dissenting opinion, in which the Chief Justice and Justices O'Connor and Kennedy joined, here; and the oral argument transcript here.

5. The Chief Justice delivered the opinion of the Court in Tennessee Student Assistance Corporation v. Hood, No. 02-1606, and the decision under review was affirmed and the case remanded. You can access the syllabus here; the Chief Justice's opinion of the Court, in which Justices Stevens, O'Connor, Kennedy, Souter, Ginsburg, and Breyer joined, here; the concurring opinion of Justice Souter, in which Justice Ginsburg joined, here; the dissenting opinion of Justice Thomas, in which Justice Scalia joined, here; and the oral argument transcript here.

Today's Order List can be accessed here. The Court granted review in no new cases today but did call for the views of the Solicitor General of the United States in one case.

In press coverage of today's developments at the Court, Anne Gearan of The Associated Press reports that "Top Court Rules in Favor of Disabled Man" and "Supreme Court Shuns Female Pilot's Appeal." The AP's Gina Holland reports that "Top Court Rejects Death Row Case Appeals." And The AP also reports that "Supreme Court Won't Hear Copyright Case."
Posted at 10:00 by Howard Bashman



"Same-Sex Couples Marry in Massachusetts": The Associated Press provides this report on one of this morning's same-sex wedding ceremonies.
Posted at 09:41 by Howard Bashman



On today's broadcast of NPR's "Morning Edition": This morning's broadcast included segments entitled "Mass. Issues Marriage Licenses to Gay Couples" and "The Legacy of 'Brown v. Board of Ed.'" (featuring Nina Totenberg). Real Player is required to play these audio segments.
Posted at 09:15 by Howard Bashman



On the agenda: The Supreme Court of the United States is scheduled to issue an Order List and one or more opinions in argued cases at 10 a.m. today. Today is also the first day in which same-sex marriages are legal in Massachusetts as a result of a ruling (accessible in both PDF and HTML formats) that the Supreme Judicial Court of Massachusetts issued on November 18, 2003. And finally, today is the 50th anniversary of the Supreme Court's ruling in Brown v. Board of Education. In recognition of that anniversary, today is the grand opening of the Brown v. Board of Education National Historic Site.
Posted at 09:00 by Howard Bashman



"Lawyers say courts-martial fairer than civilian trials": The Dallas Morning News today contains this article.
Posted at 08:55 by Howard Bashman



"A wrong, righted: The landmark desegregation ruling changed America forever." This article appears today in The Wichita Eagle. And in related news, "Restored Topeka school now showcase for historic ruling."
Posted at 08:50 by Howard Bashman



"Must We Become More Like the Barbarians To Save Ourselves?" Stuart Taylor Jr. has this essay today in National Journal.
Posted at 08:44 by Howard Bashman



"From Law Clerk to Chief Justice, He Has Slighted Rights; Rehnquist's 1952 memo sheds light on today's court": Law Professor Cass R. Sunstein has this op-ed today in The Los Angeles Times.
Posted at 08:10 by Howard Bashman



"Utahn steeled for Senate confirmation hearings": The Salt Lake Tribune today contains this profile of new D.C. Circuit nominee Thomas B. Griffith.
Posted at 07:20 by Howard Bashman



"Cambridge Ties the Knot; Over 260 same-sex couples file for marriage licenses": The Harvard Crimson today contains this report. In somewhat related news, The Arizona Republic today reports that "Arizona men take same-sex marriage issue to state high court."
Posted at 07:11 by Howard Bashman



"Thomas: Don't quit on values; Justice tells Ypsilanti law school graduates to forget about 'can't.'" This article appears today in The Detroit News.
Posted at 07:05 by Howard Bashman



In today's issue of The Topeka Capital-Journal: Today's newspaper contains articles headlined "Justice among those at invitation-only event"; "Faces of Brown -- Sacrifice for duty"; "Lawyer remembers third phase of Brown case"; "Six states represented at march; A 'rebirth' of the civil rights movement needed, speakers say"; "Pastor: Hand of God seen in Brown decision"; and "Minorities rare in Topeka politics; Topeka mayor among exceptions."
Posted at 07:00 by Howard Bashman



In Monday's newspapers: The New York Times, in same-sex marriage-related news, reports that "Gay Marriage Opponents in Massachusetts Keep Low Profile" and "Provincetown's Days in Sun Are Coming Early This Year." In business news, "Case Expands Type of Lies Prosecutors Will Pursue" and "From Bankrupt to Billions, With Big Investment of Time." An article reports that "Panel Urges New Protection on Federal 'Data Mining.'" In local news, "Who's Who on the Bench? Who Can Tell." An editorial is entitled "The Dark Side of America." Justice Stephen G. Breyer has an op-ed entitled "A Decision That Changed America Also Changed the Court." Andrew Sullivan has an op-ed entitled "Integration Day." Law Professor Michael J. Klarman has an op-ed entitled "Better Late Than Never." Albert Preston has an op-ed entitled "Equality at the Front of the Class, Too." Columnist William Safire has an op-ed entitled "Security With Liberty." And letters to the editor appear under the heading "The Legacy of Emmett Till."

The Washington Post reports that "Gay Couples Line Up for Mass. Marriages; At Midnight, Cambridge Becomes First to Issue State-Sanctioned Licenses." In school desegregation-related coverage, "Schools and Lives Are Still Separate; In Town That Helped Trigger Ruling, The Desegregation Revolution Fizzled"; "Remembering a Segregated Childhood; Education Secretary Paige Says Brown v. Board of Education Helped Shape His Ideas"; and "Private Schools' Shift Was Slow, Painful for First Enrolled Blacks." An article reports that "Oregon Roiled By Politician's Sordid Secret." In regional news, "Legality Of Md.'s DNA Bank Challenged; Rights of Felons Cited in Rape Case." An editorial is entitled "50 Years After Brown." And columnist William Raspberry has an op-ed entitled "Brown Isn't Enough."

Finally, The Wall Street Journal contains an editorial entitled "Geneva for Demagogues: The facts about the rules of war and U.S. interrogation in Iraq."
Posted at 06:25 by Howard Bashman



Sunday, May 16, 2004
"Are camera phones too revealing? Locker room snooping, school cheating prompt bans, high-tech protection plans." This article appears today in The San Francisco Chronicle.
Posted at 23:50 by Howard Bashman



Brown v. Board of Education at 50: The Associated Press offers this very interesting interactive report.
Posted at 23:45 by Howard Bashman



"This Roughhousing at Recess Must Cease": Law Professor Jonathan Turley in today's issue of The Los Angeles Times has an op-ed, which I have already linked to toward the end of this very long post, that unquestionably deserves additional attention.

Turley's op-ed begins:
The boys and girls in Washington have been misbehaving at recess again. After Congress adjourned without confirming a number of President Bush's judicial nominees, Bush put two of his more controversial nominees on the federal courts without Senate confirmation as temporary "recess appointments." The Democrats have now refused to play with the president -- barring all votes on judicial nominees -- until he promises to behave during recess.

Putting aside the unrestrained hypocrisy and hyperbole on both sides, recess appointments have long plagued our system and should be finally addressed with a simple rule: an automatic rejection of any judicial nominee given a recess appointment.

The recess appointment clause represents one of the few glaring errors by the framers in drafting the Constitution. While the framers gave the Senate the sole authority to confirm such nominations, they also gave the president the authority to temporarily appoint officials without Senate confirmation when Congress was not in session. Though the framers may never have intended to create judicial recess appointments, the matter is not clear in the text. Presidents have used that ambiguity to repeatedly do what the Constitution was designed to prevent: appoint temporary judges who sit without either Senate confirmation or lifetime tenure.
You can access the complete op-ed at this link.
Posted at 23:25 by Howard Bashman



In Monday's edition of The New York Times: Monday's newspaper will contain articles headlined "Massachusetts Arrives at Moment for Same-Sex Marriage" and "50 Years After Brown, the Issue Is Often Money."
Posted at 23:05 by Howard Bashman



In Sunday's newspapers: The New York Times reports that "Hearts Beat Fast to First Strains of the Gay-Wedding March." A related article is headlined "Freedom to Marry, and to Spend on It." The Sunday Book Review section features a review by Samuel G. Freedman entitled "Still Separate, Still Unequal." A related interview transcript is headlined "Black, White and Brown." The Week in Review section contains an article headlined "Fifty Years of Bridging the Gap." A related graphic can be accessed here. An article reports that "Prison Guard Calls Abuse Routine and Sometimes Amusing." The Week in Review section contains related articles headlined "What's Wrong With Torturing a Qaeda Higher-Up?"; "There's No Escape When War Turns Ghoulish"; and "Accountable, Responsible or Something in Between." In local news, "Rare Tool Guided Williams Jury: An Instruction Manual" and "That Spectator? It's Juror No. 4." And an editorial is entitled "Brown v. Board of Education."

The Washington Post reports that "Massachusetts Clergy Are Divided On Eve of Historic Same-Sex Unions." In other news, "Disparity Threatens Legacy Of School Desegregation Case." An article reports that "Rejection Of Prison Abuse Was Sought; Administration Was Reluctant, Groups Say." An editorial is entitled "The Policy of Abuse." And columnist George F. Will has an op-ed entitled "In 1954, A Change Of Heart."

The Washington Times reports that "Gays poised to wed legally." In other news, "Conflict on deportation stalls gang legislation." And Daniel J. Gallington has an op-ed entitled "Any abuse justified?"

The Boston Globe, in same-sex marriage-related news, reports that "Same-sex couples heading to Bay State to marry"; "Two DAs say they won't charge clerks who defy 1913 law"; "Hesitant at first, a movement raced to 'we do'"; "For one couple, joy is mixed with worry"; and "Wedding option energizes teenagers at Youth Pride rally." An article reports that "As threats to US changed, so did prison tactics." In desegregation-related news, "Bush plans talk about race; On desegregation case's anniversary, mistrust lingers"; "Calif. busing fight puts focus back on local schools; Desegregation plan set to expire"; and "30 years after historic ruling, views, goals shifting." An editorial is entitled "The call of equality." Law Professor Derrick Bell has an op-ed entitled "The failed legacy of Boston school desegregation; 50 years after Brown v. Board of Education." And columnist Jeff Jacoby has an op-ed entitled "The end of the gay marriage debate?"

The Los Angeles Times contains an article headlined "For Massachusetts Gays, the Wedding Countdown; Anticipation builds at parties across the state as same-sex couples prepare to get licenses when the law goes into effect Monday." An article reports that "Abuse Brings Deaths of Captives Into Focus; At least 18 U.S. detainees in Iraq and Afghanistan died from apparent ill treatment or shootings." In related news, "2 Ex-Prisoners in Afghanistan Tell of Abuse; U.S. forces again pledge to investigate charges of mistreatment of detainees; An American human rights group speaks of a widespread pattern of problems." An article from The Associated Press that is the first in a two-part series is headlined "A Hopeful Journey Turns Toward Terror; More than 40 migrants cram into a big rig, bound for Dallas and better lives in the U.S." Another article from The AP reports that "Family Feud May Consume Knife & Fork; Operation of the noted Atlantic City restaurant was always contentious, but now a son is fighting for livelihood he says his father promised to him." An article is headlined "A Bad Run for Elections Firm; Diebold was on track to capitalize on electronic balloting; But March primary woes and civil, criminal probes have put its prospects at risk." In other news, "L.A.'s Outside Legal Bills Surge; Most of the law firms give to Hahn, Delgadillo campaigns." An op-ed by Jim Newton is entitled "Ahead of the Curve on Integration." And Law Professor Jonathan Turley has an op-ed entitled "This Roughhousing at Recess Must Cease."

Finally, online at OpinionJournal, Thomas Sowell has an essay entitled "When Rhetoric Beats Reasoning: The baneful consequences of Brown v. Board of Education."
Posted at 22:01 by Howard Bashman



"Massachusetts as gay wedding capital: the national effect; Massachusetts' move will ricochet across nation as out-of-staters take licenses home." This article will appear in Monday's issue of The Christian Science Monitor.
Posted at 19:24 by Howard Bashman



"Massachusetts Hours Away from Legal Gay Marriages": Reuters provides this report.
Posted at 19:20 by Howard Bashman



"State could receive share of trial awards; Potential controversy in budget proposal": This article appears today in The Sacramento Bee.
Posted at 19:18 by Howard Bashman



"Clarence Thomas tells law school graduates make decisions by principle": The AP provides this report from Michigan.
Posted at 19:15 by Howard Bashman



The Associated Press is reporting: Now available online are articles headlined "Crowds Gather for Gay Weddings in Mass."; "Q&A About Gay Marriage in Massachusetts"; "Brown Decision Altered Lives of Plaintiffs"; "Historic Site Shows Civil Rights Struggle"; "Family of Terror Suspect Waits for Answers"; "Improvements to U.S. Prisons Sought"; and "Brown Sister: Lawyer 'Trashed' Family."
Posted at 19:03 by Howard Bashman



Available online from National Public Radio: This evening's broadcast of "All Things Considered" contained a segment entitled "Gay Marriage to Debut in Massachusetts."

And this morning's broadcast of "Weekend Edition - Sunday" contained a segment entitled "Mass. Prepares to Make Gay Marriages Official."
Posted at 18:55 by Howard Bashman



"Marshall led way to ruling; The Baltimore native figured prominently in the Brown case - and in the Maryland actions that presaged it": The Baltimore Sun today contains this article. That newspaper also reports today that "Douglass still struggling; Pre-Brown alumni of Frederick Douglass High School rue the effects of desegregation on their alma mater."

The Oklahoman today reports that "Lawyer recalls impressive court arguments."

The News Journal of Wilmington, Delaware reports that "Brown decision to be commemorated; Wilmington, Hockessin sites will get state historical markers."

The Journal News of Westchester, New York reports today that "Hillburn remembers Thurgood Marshall" and "Hillburn honors its own."

The first article in a four part series being published in The Philadelphia Inquirer is headlined "Promises Unfulfilled: Fifty years after Brown v. Board of Education, our region's schools still struggle for integration and equality."

The Chicago Tribune today reports that "Historic ruling just fight's opening bell; School battles in Rockford and Baton Rouge show the difficulty of ending racial injustice."

The Clarion-Ledger of Mississippi reports that "Ruling challenged Southern way." A related article is headlined "Desegregation: A legal look."

St. Petersburg Times columnist Martin Dyckman today has an essay entitled "After Brown, the law was on his side, but the Florida Supreme Court wasn't."

The San Francisco Chronicle today reports that "California Latinos' suit in '47 set stage for Brown decision."

And The Detroit News today reports that "Family named in case proud of equality fight; But some Bradleys still dealing with fallout."
Posted at 17:05 by Howard Bashman



"Weddings held to defy state; Same-sex couples' nuptials acts of civil disobedience": This article appears today in The Arizona Republic.
Posted at 15:21 by Howard Bashman



In today's issue of The Topeka Capital-Journal: A bit later, I intend to post a sampling of coverage related to Brown v. Board of Education published today in newspapers across the Nation. This post focuses on coverage found in what could be viewed as the decision's hometown newspaper.

Today's lead story is headlined "A step back: Segregation rises, achievement gap thrives on Brown anniversary." And related articles are headlined "50 years after Brown: Job not done; Racial equality still elusive"; "NAACP: Schools remain unequal; Inequities present challenge to U.S., leaders say"; "NAACP chief's roots recalled; Bond says his family's fight for integration and equality began generations ago"; "Jackson attends event"; "Gathering the story"; and "Supremacists a minority; Large police presence oversees peaceful protest."
Posted at 15:10 by Howard Bashman



"The same-sex marriage argument that Justice Scalia fears": Emily Bazelon, Senior Editor at Legal Affairs magazine, has this essay today in The Boston Globe.
Posted at 10:48 by Howard Bashman



"Rehnquist lauds Ohio courthouse; Refurbished building first opened in 1933": This article appears today in The Toledo Blade. And The Cleveland Plain Dealer today contains an article headlined "Rehnquist's past? Funny you should ask."
Posted at 08:56 by Howard Bashman



Saturday, May 15, 2004
In Saturday's newspapers: The Washington Post reports that "Court Questions Al Qaeda Contact; Moussaoui Case Could Stall Again." In somewhat related news, "FBI Questioned Berg on 9/11 Link; Suspect in Attacks Stole Computer ID From Iraq Victim." An article is headlined "Death Row Appeal Over Method; Injection Is Cruel Punishment, Attorneys for Md. Killer Argue." In same-sex marriage-related news, "Foes of Gay Marriage Rally, Say Fight Isn't Over; Plans Include Push to Amend Constitution"; "Kerry Again Opposes Same-Sex Marriage; But Democrat Has Gay Groups' Vote"; and "For Gays Set to Marry, Some Obstacles Remain; Massachusetts Couple Struggling With Issues of Family and Religion." An article reports that "Leak Prosecutor Seeks To Question Reporters." In news from Virginia, "Ex-Chief Of Local United Way Sentenced." And Charles T. Clotfelter has an op-ed entitled "The Decline of Diversity in Our Schools."

The New York Times reports that "New York May Honor Out-of-State Marriages." In other news, "Top Commander Bars Coercive Tactics in Interrogation of Iraqis." In regional news, "Impeachment Process Proceeds in Connecticut" and "Woman Is Spared Prison in Case Tied to Son's Suicide." Adam Liptak has a review of the book "The Myth of Moral Justice: Why Our Legal System Fails to Do What's Right," by Thane Rosenbaum. An editorial is entitled "A Quiet Victory for Civil Rights." White House Counsel Alberto R. Gonzales has an op-ed entitled "The Rule of Law and the Rules of War." And a letter to the editor is entitled "Religious Freedom."

The Boston Globe, in same-sex marriage-related news, contains articles headlined "Opponents lose bid to halt gay marriage; Supreme Court rejects request for injunction"; "SJC's Marshall avoids hot topic at Wheelock; Eyes social issues, not gay marriage"; "DA eyes legal action for license violations"; "Writer urges civility on gay marriage"; "Kerry aims to keep peace with gays"; "Gays have suitors in wedding industry; Firms hope to cash in as legal vows begin"; and "Will gay couples take hurried walks down the aisle?" In other news, "Local ACLU faults antiterror tactics; Less freedom doesn't equal safer, report says." And Law Professor Alan Dershowitz has an op-ed entitled "Covering up the coverup."

In The Los Angeles Times, David G. Savage reports that "Vintners Can't Ship, but Supreme Court Might Take Up Cases; Small wineries are challenging laws that keep them from mailing products to consumers in other states." An article reports that "Low-Pants Ban Is High on List; A Louisiana bill proposes fines for showing underwear or body parts through clothing." In military justice-related news, "Iraq Prison Case Attorney a Military Law Expert; The former Marine representing an Army specialist is expected to try to turn photos that appear to show abuse into defense tools" and "Iraq Cases Put Focus on Military Justice." In regional news, "Case of a Lawyer's Court Appearance; A Superior Court judge criticizes a pregnant attorney's choice of courtroom attire; He later apologizes"; "A New Approach to School Equality; Fifty years after Brown ruling, parents and officials downplay racial balance in favor of better education for California's minorities"; "Church Documents Referee Agrees to Make Rulings Public"; "O.C. Murder Case Appeal Cites Media Fabrications; An Anaheim woman serving life for two slayings says her lawyer was barred from challenging a reporter who testified against her"; "Judge to Defer Civil Court Hearings; Riverside County moves to address its chronic backlog of criminal cases by suspending other sessions in Riverside and Indio"; and "Obscurity in L.A. for Notorious Fugitive." In business news, "Hyundai Proposes Settlement." And Elyce Wakerman has an op-ed entitled "Does a 'No' Automatically Make It Rape? For a Laker fan, the Bryant case generates some tough questions."

Finally, OpinionJournal offers an op-ed by David B. Rivkin Jr. and Lee A. Casey entitled "The Limits of a Leasehold: Supreme Court intervention at Guantanamo would violate Cuba's rights."
Posted at 23:44 by Howard Bashman



Available online from National Public Radio: This evening's broadcast of "All Things Considered" contained segments entitled "Legal Advice Urged for Gay Marriage Hopefuls" and "U.S. Prisons Face Guard-Inmate Tensions."

This morning's broadcast of "Weekend Edition - Saturday" contained a segment entitled "Integration in Chicago."

Yesterday's broadcast of "All Things Considered" contained segments entitled "Rights of Gays Planning to Wed in Massachusetts"; "Commentary: 'Brown v. Board of Education' Memories"; "'Light' Cigarette Lawsuit Could Gain Class-Action Status"; "Defense Attorneys Prepare for Iraqi Abuse Trials"; "Critics Say Abuse Stems from War on Terror Policies"; "Indiana Catholic Priest Refuses Background Check"; and "Bishop: No Communion for Abortion-Rights Supporters."

Yesterday's broadcast of "Day to Day" contained segments entitled "Conflicting Regulations Confuse Mass. Gay Marriage" and "Former KKK Leader David Duke to be Released."

And yesterday's broadcast of "Morning Edition" contained segments entitled "Brown vs. Board of Education" and "Mass. Justice of the Peace Resigns Over Gay Marriage."
Posted at 23:22 by Howard Bashman



In news from New Hampshire: The Union Leader today contains articles headlined "Benson's signature bars gay marriage recognition" and "Council likely to approve Broderick."
Posted at 23:21 by Howard Bashman



"High court post fails to attract nominees from Superior Court; Several jurists express disappointment that those serving on the lower-court bench decided against seeking advancement": This article appears today in The Providence (R.I.) Journal.
Posted at 23:19 by Howard Bashman



In news from Oregon: The Oregonian today reports that "Federal law cloaks detention; The secrecy around an Oregon arrest in the Spain attack shows how critical a tool the witness statute has become." And yesterday that newspaper reported that "Gay-marriage foes win ruling; Petitioners are poised to seek signatures after Oregon justices approve the ballot title for a bid to ban same-sex marriage."

Elsewhere, today The Salem Statesman Journal reports that "Opponents of gay marriage face tall order; They must collect 100,840 signatures by July 2 to get a ban on the ballot."
Posted at 23:14 by Howard Bashman



"Disney foes in Pooh case want new Calif. trial": Reuters provides this report.
Posted at 23:13 by Howard Bashman



"Court hears polygamy appeal": This article reporting on news from Pennsylvania appears today in The Salt Lake Tribune.
Posted at 23:11 by Howard Bashman



"Cincinnati's first family: The Tafts." This article appears today in The Cincinnati Post.
Posted at 23:09 by Howard Bashman



"High court upholds curfew law; City has 'compelling interest' in protecting juveniles": The Anchorage Daily News today contains this article reporting on a decision that the Supreme Court of Alaska issued yesterday.
Posted at 23:06 by Howard Bashman



"Bill aims to put God-related mottoes in schools": This article appears today in The Cleveland Plain Dealer.
Posted at 23:03 by Howard Bashman



In today's edition of The Topeka Capital-Journal: Today's newspaper contains articles headlined "Faces of Brown -- Center of movement; 'If it wasn't for Burnett, there wouldn't be a Brown'"; "Brown ruling created friendship"; "NAACP summit: No return to past; Mfume says blacks' strides are here to stay"; and "Activists reflect on Brown; Speakers say progress is ongoing."

In somewhat related coverage, The Salem (Ore.) Statesman Journal today contains an article headlined "Landmark ruling cost many black teachers; Districts fired the educators after the high court banned segregation." And Voice of America News provides this profile of Thurgood Marshall.
Posted at 22:57 by Howard Bashman



"Palm Beach settles over Nativity scene": This article appears today in The Palm Beach Post.
Posted at 22:54 by Howard Bashman



"Bible verse to remain on fire truck; Mayor allows it to stay because it makes no mention of God": The Chronicle-Tribune of Marion, Indiana today contains an article that begins, "A Bible verse will remain on a Marion city fire truck, despite concerns that the Christian quotation is not appropriate on vehicle that is funded by taxpayers."
Posted at 22:50 by Howard Bashman



"Ten Commandments hauled away from city hall": This article appears today in The Duluth News Tribune. And in earlier coverage, that newspaper reported yesterday that "Removal is written in stone; A federal judge orders the city to remove the monument as part of the lawsuit settlement." Photographs of the monument's removal can be found at this link.
Posted at 22:46 by Howard Bashman



The Associated Press is reporting: Now available online are articles headlined "Ten Commandments Monument Removed in Minn."; "Massachusetts to Hold Same-Sex Weddings"; "Gay Weddings Take on Political Flavor"; "Pa. Sues Gay Men Seeking Marriage License"; "White Supremacists Rally by Kansas School"; "Gov. Wants Calif. to Get Damage Awards"; "Interrogators Say Abuse Doesn't Yield Info"; "Judge Apologizes to Pregnant Lawyer"; "Honduras Asks Texas to Commute 2 Sentences"; "Longtime Death Row Inmate Gets Hearing"; and "Sister: McVeigh Rarely Spoke of Nichols."
Posted at 22:30 by Howard Bashman



"Chief justice notes history of buildings just for courts": The Associated Press provides this report on the speech that Chief Justice Rehnquist delivered today in Ohio. In related news, The New York Times today reports that "Ohio Groups Question Justice's Trip on Utility Jet."
Posted at 16:57 by Howard Bashman



"First Witness: John Rowland; Impeachment Panel Ready To Make Case." The Hartford Courant today contains an article that begins, "The legislative committee investigating Gov. John G. Rowland surprised his lawyers with disquieting news Friday: Rowland will be the first witness called to publicly testify in his own impeachment inquiry."
Posted at 16:45 by Howard Bashman



"Budget Seeks 75% of Awards for Damages; Governor hopes system being tried in eight other states will curb shortfall with money from lawsuits; But experts call proposal too optimistic": The Los Angeles Times today contains an article that begins, "The trial lawyers say it is a horrible idea, but Gov. Arnold Schwarzenegger wants taxpayers to stake a claim to some of the whopping awards juries slap against negligent carmakers, deceptive cigarette companies and fast-food restaurants that serve coffee too hot. In a proposal that took the Capitol by surprise, Schwarzenegger is suggesting the state collect 75% of the punitive damages awarded in civil lawsuits filed in California. After all, the governor says in the revised budget plan he released Thursday, plaintiffs in civil lawsuits already get a separate award to compensate them for their injury or loss."
Posted at 16:41 by Howard Bashman



"Court oaths draw anger; District Court judge criticized by Lake, other court officials": The Winston-Salem Journal today contains an article that begins, "Local officials - and the chief justice of the N.C. Supreme Court - criticized a local District Court judge who is giving defendants and witnesses the option of testifying under a secular version of the swearing-in oath and removing other references to God from his courtroom."
Posted at 16:21 by Howard Bashman



In Sunday's edition of The New York Times: In tomorrow's newspaper, Adam Liptak, Michael Moss, and Kate Zernike will have an article headlined "Accused G.I.'s Try to Shift Blame in Prison Abuse." In other news, "Long After Brown v. Board of Education, Sides Switch." And an article will report that "Backers of Gay Marriage Ban Find Tepid Response in Pews."
Posted at 16:15 by Howard Bashman



"Officials brace for world at 'our doorstep'": The Cape Cod Times today contains this article.
Posted at 09:38 by Howard Bashman



"Goldschmidt surrenders law license; The resignation will end the Oregon State Bar's disciplinary inquiry of his admission that he had sex with a 14-year-old girl in the 1970s": This article appears today in The Oregonian.
Posted at 09:36 by Howard Bashman



"La. Supreme Court returns to long-abandoned N.O. home": The Advocate of Baton Rouge, Louisiana today contains this article.
Posted at 09:34 by Howard Bashman



"Rehnquist's Corporate Jet Trip Questioned": The Associated Press provides this report.

In unrelated news, the Chief Justice will be appearing tonight on C-SPAN2's broadcast of Book TV.
Posted at 09:30 by Howard Bashman



"Detainee wins freedom after 3 years in prison; 'I'm sorry it's taken so long,' an immigration judge told her in a courtroom in York, Pa.; She had fled the civil war in Congo in late 2000": This article appeared yesterday in The Philadelphia Inquirer.
Posted at 07:48 by Howard Bashman



Friday, May 14, 2004
In Friday's newspapers: The New York Times reports that "Gays Elsewhere Eye Marriage Massachusetts Style." And Adam Liptak has an article headlined "Execution of Mexican Is Halted."

The Washington Post reports that "Former Rite Aid CEO Signs New Plea Deal; Judge to Decide On Prison Time Up to 10 Years."

The Boston Globe, in same-sex marriage-related news, reports that "Gay marriage opponents see fight getting tougher; Setback likened to Roe v. Wade"; "Federal bid to overturn SJC fails"; and "Survey: Gay marriages to be sought in 133 communities." In other news, "SJC says probe of church files OK; Ruling would affect sexual abuse cases." An article reports that "Prison rules 'not humane'; Iraq interrogation guidelines possibly illegal, officials concede." And columnist Scot Lehigh has an op-ed entitled "Does Massachusetts really need a death penalty?"

The Los Angeles Times reports that "Boston Blocks Marriage of Nonresident Gays; City follows governor's edict; Officials in other Massachusetts towns plan to issue licenses without proof of residency." In other news, "U.S. Military Lawyers Felt 'Shut Out' of Prison Policy; They said civilian political lawyers were deciding how prisoners could be questioned; At issue is how to interpret the Geneva Convention." In news from Oregon, "Harsh Spotlight on Old Secret." Bill McKibben has an op-ed entitled "Ashcroft Fishes Out 1872 Law in a Bid to Scuttle Protester Rights; Sailor-mongering act rises from history as the feds try to cripple Greenpeace." And a letter to the editor appears under the heading "Death Penalty's Purpose."
Posted at 23:50 by Howard Bashman



"Brown v. Board of Education set in motion a spate of controversial cases": Stephen Henderson of the Knight Ridder Newspapers provides this report.
Posted at 23:48 by Howard Bashman



"Justice Dept. Must Clarify Role in Inquiry": Saturday's issue of The New York Times will contain an article that begins, "A federal appeals court has demanded that Justice Department prosecutors explain their 'arguably inconsistent' statements about their involvement in the interrogation of captured terrorists of Al Qaeda who might provide valuable information to lawyers defending Zacarias Moussaoui, according to a court order made public Friday." You can access at this link a copy of the order that the U.S. Court of Appeals for the Fourth Circuit made public today.
Posted at 23:30 by Howard Bashman



Today's rulings of note from the U.S. Court of Appeals for the D.C. Circuit: Thanks to Law Professor Jonathan H. Adler and Juan Non-Volokh for ensuring, notwithstanding my absence this morning, that no one went uninformed on today's noteworthy D.C. Circuit rulings. In connection with today's Title IX, men's collegiate wrestling decision, The Associated Press reports that "Title IX Deemed Nondiscriminatory."
Posted at 23:21 by Howard Bashman



In news from Washington State: The Associated Press offers an article headlined "State Supreme Court bars prison work plan" that begins, "The state Supreme Court yesterday threw out Washington's 'free venture' prison labor program, holding that it is unconstitutional to essentially sell inmate labor to private enterprise. The court, in an unusual 5-4 ruling, overturned its own 2003 ruling, following a rehearing that turned up extensive historical information and scholarship about prison labor practices at the time the state constitution was drafted in the late 1800s." Both the majority opinion and the dissenting opinion that the Supreme Court of Washington State issued yesterday are available online.

The Seattle Times today contains an article headlined "Court: Attorney-client privilege overrides open-records law." And The Seattle Post-Intelligencer reports that "Public records ruling 'troubling'; Some monorail, Sound Transit files are off-limits, court decides." Both the majority opinion and the dissenting opinion that the Supreme Court of Washington State issued yesterday are available online.

Finally, The Seattle Post-Intelligencer reports today that "Court-martial urged for Lynnwood soldier."
Posted at 23:12 by Howard Bashman



"Faces of Brown -- Legacy of integrity; State attorney Paul Wilson believed utterly in the role he played in the case that altered America": The Topeka Capital-Journal today contains this article. That newspaper today also contains articles headlined "White separatists to conduct rally; Event will take place in park near Brown site" and "Veritable who's who list coming; Politicians, notables, activists will take part in Brown dedication."
Posted at 23:09 by Howard Bashman



In news from Wisconsin: The Milwaukee Journal Sentinel today reports that "Court strikes down casino deal; Justices say Doyle exceeded authority with new games, open-ended compact." And The Wisconsin State Journal reports that "Court makes future of gambling a crapshoot."
Posted at 23:01 by Howard Bashman



"Judge on fund cut: 'I'm not activist'; Judge Terry Bullock says his telling the Legislature to fix school funding, instead of taking charge of it himself, is the opposite of activism." This article appears today in The Wichita Eagle. And a related article is headlined "Sebelius allays anxieties over ruling's fallout."
Posted at 22:58 by Howard Bashman



"Endres' lawyer argues 'Hobson's choice' to Supreme Court; Riverboat assignment for state trooper still at issue": This article appears today in The South Bend Tribune. And The Associated Press offers an article that begins, "A state trooper fired for refusing to work at a casino asked the Indiana Supreme Court to order him reinstated -- weeks after the U.S. Supreme Court declined to hear his appeal."
Posted at 22:55 by Howard Bashman



"Ensley coach awaits word on high court hearing firing case": The Birmingham News today contains an article that begins, "An Ensley High School teacher and coach who claimed in a lawsuit he lost his coaching position after complaining about unfair treatment for the girls basketball team is waiting to see if the U.S. Supreme Court will hear his case."
Posted at 22:33 by Howard Bashman



"Mexican man's death penalty lifted; World court swayed Oklahoma decision": The San Diego Union-Tribune today contains this report.
Posted at 22:11 by Howard Bashman



"Rocky River halts juror substitutions": An article published today in The Cleveland Plain Dealer begins, "Too busy to be bothered with jury duty? No problem at Rocky River Municipal Court. Not, at least, until Tuesday, when the court ended a decades-long practice of allowing the summoned to choose substitutes to perform the duty."
Posted at 22:07 by Howard Bashman



"Giving tape to defense ruled not distribution": The Reno Gazette-Journal today contains an article that begins, "The Nevada Supreme Court ruled Thursday that Washoe County prosecutors would not be violating the law against the distribution of child pornography by giving a copy of a videotape showing adults having sex with a teen to a defense lawyer." You can access Thursday's per curiam ruling of the Supreme Court of Nevada at this link.
Posted at 22:00 by Howard Bashman



"Scandal could weaken U.S. stand on detainees; The administration's legal effort to keep the Guantanamo prison camp and the cases of 'enemy combatants' outside the review of judges has been hurt, said several experts and former officials": This article appears today in The Miami Herald.
Posted at 21:46 by Howard Bashman



"Tainted by Torture: How evidence obtained through coercion is undermining the legal war on terrorism." Phillip Carter, whose blog you can access here, today has this jurisprudence essay online at Slate.
Posted at 21:37 by Howard Bashman



"Politics, religion clash at campus; Commencement speaker's death penalty role faulted; Offer of honorary degree revoked; Mount St. Mary's reflects Catholic Church dispute": The Baltimore Sun today contains an article that begins, "As a debate swirls in the Catholic Church over how to treat Catholic politicians who back abortion rights, Mount St. Mary's College has withdrawn an offer of an honorary degree to White House counsel Alberto Gonzales after a campus protest over his support for the death penalty. The reversal came after some students and faculty asked that Gonzales, a potential Supreme Court candidate, not speak at the Catholic college's commencement May 23 because of his record on the death penalty, said Mount St. Mary's President Thomas H. Powell."
Posted at 21:34 by Howard Bashman



"Chief justice criticized for Ohio travel plans; Rehnquist will ride corporate jet to dedication": The Toledo Blade today contains an article that begins, "When Chief Justice William Rehnquist of the U.S. Supreme Court swoops in and out of Ohio tomorrow to dedicate the state's new 15-story judicial center, he will fly on American Electric Power's corporate jet."
Posted at 21:29 by Howard Bashman



"One, free bite; Ruling might hurt dog prosecutions": The Salina Journal today provides a news update that begins, "It could be more difficult to prosecute owners of vicious dogs as a result of a Kansas Supreme Court ruling issued Friday." You can access today's ruling of the Supreme Court of Kansas at this link.
Posted at 21:17 by Howard Bashman



"Top U.S. Court Denies Bid to Block Gay Marriage": Reuters provides this report. And The Associated Press reports that "Supreme Court Won't Block Gay Marriages."
Posted at 20:39 by Howard Bashman



"Fighting Filibusters; Frist shouldn't use the nuclear option wantonly": Yesterday evening, National Review Online published this essay by Manuel A. Miranda.
Posted at 18:44 by Howard Bashman



"Jury sees suicide attack articles; Prosecution gets to display key piece of evidence": This article appears today in The Idaho Statesman.
Posted at 18:42 by Howard Bashman



The Associated Press is reporting: In news from the U.S. Court of Appeals for the First Circuit, "Court Won't Block Gay Marriages in Mass." And related articles report that "Gay Marriage Lawsuit Led to Breakthrough" and "Mass. Lesbian Rabbi Gets Marriage Rights."

In other news, "Sanchez to Limit Interrogation Tactics"; "Officials Unaware of Interrogation Rules"; "Lawyer: England Ostracized at Fort Bragg"; "Court-Martial Used for Varied Crimes"; "Lawyer Faces Legal Discipline in Colo."; "Ashcroft Announces Intelligence Sharing"; "Anti-Terror Charges Used on Gang Members"; "Rodriguez Files Appeal in Vote-Fraud Suit"; and "DNA of Suspect's Twin Key in Rape Case."
Posted at 18:32 by Howard Bashman



"Son recalls Marshall's role in landmark case": Thurgood Marshall Jr. reminisces in this very interesting article published today in The Tennessean.
Posted at 18:25 by Howard Bashman



Programming note: I'll be spending much of today in the waiting room of the hospital in which my wife is scheduled to undergo surgery to address a condition that caused her to be ill recently. Regular programming will resume here sometime soon.

Update at 3:30 p.m.: My wife has successfully emerged from her surgery, and I happen to have an extra moment to share that happy news before my son returns home from school. Thanks so very much to all the readers who have sent along their good wishes.
Posted at 00:20 by Howard Bashman



Thursday, May 13, 2004
"Guantanamo Bay translator charged with spying released from military jail": The Associated Press provides this report. And The Sacramento Bee contains an article headlined "A spy case stunner: Judge orders airman's release as he awaits trial."
Posted at 23:55 by Howard Bashman



"Military Lawyers Sought Outside Help on Interrogation Rules": This article will appear in Friday's issue of The Los Angeles Times.
Posted at 23:54 by Howard Bashman



"Gemstar ruling rejected; Blow to SEC effort to curb exec fraud": Bob Egelko has this article today in The San Francisco Chronicle. You can access yesterday's ruling by a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 23:50 by Howard Bashman



Elsewhere in Thursday's newspapers: The Boston Globe, in same-sex marriage-related news, reports that "Legal challenges expected to accelerate"; "Praise and ire greet Marshall"; "Boston adopts stricter stand on gay outsiders"; and "US judge vows swift ruling on injunction."

USA Today reports that "Mass. preparing for a rush of gay weddings; First state where the marriages are legal." In other news, "Court-martial will lay foundation for other cases." Related articles are headlined "Abuse less shocking in light of history; In right conditions, many could descend to brutality; It has happened before"; "U.S. interrogators face 'gray areas' with prisoners; Analysts: Abu Ghraib events went too far, appear illegal"; and "Accused GIs build defense; Senators express disgust after seeing new photos." In other news, "'Soft money' may help launch wider attack on Kerry; FEC meets today to discuss rules." An article is headlined "Justice Dept.: DNA tests for guilty jam system; Authorities don't want petitions to be made easier." And in other news, "Tenn. couple to keep custody of girl; Parents sought to get her back."

The Los Angeles Times reports that "U.S. Officials Defend Interrogation Tactics; Rumsfeld and others tell a Senate panel that the approved techniques in questioning Iraqi prisoners conform to the Geneva Convention." In related news, "Witness Faults Actions of Prison Interrogators; An intelligence member at a hearing in Iraq says some went too far to try to get information." And in regional news, "Ex-FBI Agent Pleads to a Lesser Charge in Spy Case; As part of a plea deal, James J. Smith will testify against his lover, an accused double agent"; "No Bail Hike in Gang-Rape Case; The judge denies the motion, noting that prosecutors didn't pursue charges in Gregory Haidl's run-ins with law enforcement"; "Plan to Curb Oxnard Gang Is Decried; Critics say an injunction sought by the D.A. to restrict the Colonia Chiques in a 'safety zone' could allow police to hassle young Latinos"; "D.A. Turns Grand Juries Into Indictment Tool; Nearly 90 hearings have been held since July 2000; Lawyers worry about clients' rights"; and "Joining Jury Pool Is a Grand Experience; County conducts its annual drawing for panelists; Judge says topics can captivate."

The Washington Times reports that "Angry lawmaker wants end to telecasts of Hill hearings." And in other news, "Gay 'marriage' foes seek injunction in federal court."
Posted at 23:10 by Howard Bashman



In news from South Carolina: Last Wednesday, The Charleston Post and Courier reported that "Naval brig in Hanahan cloaked in secrecy of fight against terror." And yesterday's edition of that newspaper reported that "Navy chief who ordered brig inspection to speak at dinner."
Posted at 22:58 by Howard Bashman



The Associated Press is reporting: An article headlined "Okla. Governor Grants Clemency to Mexican" begins, "Gov. Brad Henry commuted the death sentence of a convicted murderer from Mexico to life without parole Thursday in a case in which state and foreign officials alike said the inmate's life should be spared. Henry's decision came the day the Oklahoma Court of Criminal Appeals voted 3-2 to give Osbaldo Torres an indefinite stay of execution. The court granted Torres' request for a lower-court hearing on the state's failure to inform him of his right to contact the Mexican consulate after his arrest."

And in other news, an article headlined "Navy Secretary Says Brig Passed Inspection" begins, "The Navy's brig, where at least three prisoners in the war on terror are being held, performed well in an inspection ordered after reports surfaced of prisoner abuse in Iraq, the Navy's top official said."
Posted at 22:50 by Howard Bashman



Access online statements delivered at today's executive business meeting of the Senate Judiciary Committee: You can access the prepared statement of committee chairman Orrin G. Hatch (R-UT) at this link. And you can access the prepared statement of ranking Democratic member Patrick J. Leahy (D-VT) at this link.
Posted at 22:45 by Howard Bashman



Available online from law.com: An article reports that "Federal Courts Brace for a Budget Crisis; Suspension of civil jury trials, layoffs, slower service are possible." In other news, "DOJ's New Reach in Terror Cases." An article from Texas asks "Will Pro Se Defendant's Case Become Appellate Gold?" In news from Georgia, "Christian Coalition Tests Judicial Candidates." An article from California asks "Was Asylum Application Lost in Translation?" And in news from New Jersey, "'Harm to Others' Includes Paintball's Inanimate Target."
Posted at 22:33 by Howard Bashman



Supreme Court of Mississippi overturns $48.5 million award against the makers of the heartburn drug Propulsid: You can access today's ruling at this link.
Posted at 22:30 by Howard Bashman



"Is Torture Against the Law? What Uncle Sam has to say about it." Brendan I. Koerner has this explainer online at Slate.
Posted at 22:28 by Howard Bashman



On this evening's broadcast of NPR's "All Things Considered": This evening's broadcast contained segments entitled "Prison Commander and Interrogation Policies"; "CIA Interrogation Methods Investigated"; and "New Religion in America" (Real Player required).
Posted at 22:22 by Howard Bashman



"Murder suspect in Annapolis won't be tried; Appeals court rules teen improperly questioned; Charged in carjacking-slaying; Md. attorney general may appeal to Supreme Court": The Baltimore Sun today contains an article that begins, "A teen-ager who prosecutors say admitted being involved in a chilling carjacking-slaying in the heart of Annapolis' historic district apparently will not be tried on murder charges because Maryland's highest court ruled yesterday that police improperly questioned him after he asked for a lawyer." You can access yesterday's ruling of the Court of Appeals of Maryland, that State's highest court, at this link.
Posted at 17:08 by Howard Bashman



Access online today's ruling of the U.S. District Court for the District of Massachusetts refusing to block same-sex marriages: The decision is available online at this link.
Posted at 17:04 by Howard Bashman



The Associated Press is reporting: Now available online are articles headlined "Judge Denies Bid to Stop Gay Marriages"; "Justices: Iraqis Must Set Country's Fate"; "Jurors to See Web Sites in Terror Trial"; "Experienced Lawyers Represent U.S. Troops"; "Pentagon: Questioning Methods Broke Rules"; "Miss. Court Throws Out $48.5M Drug Award"; "Limbaugh Attacks Painkiller Prosecutors"; and "FEC Won't Limit Political Groups' Spending."
Posted at 16:58 by Howard Bashman



"Faces of Brown -- Difficult Decision; 'I don't think our community had any idea it was going to be a landmark decision. It went pretty smoothly -- people accepted it'": This article appears today in The Topeka Capital-Journal. And in related coverage, "Table makes place in history" and "Security No. 1 for high-profile visits."
Posted at 16:42 by Howard Bashman



From today's broadcast of NPR's "Day to Day": Today's broadcast contained segments entitled "Ohio Judge to Deadbeat Dad: No More Kids"; "Fight in Illinois Town over Mosque Construction"; "British Journalist Sent Home in Visa Dispute"; and "Slate's Explainer: Getting a Journalism Visa for the U.S."
Posted at 15:30 by Howard Bashman



"Jury verdict on TV firing reasonable, court rules; The ruling restores Alice Cleveland's $495,000 jury award; The Home Shopping Network fired her in 2001": This article appears today in The St. Petersburg Times. You can access Tuesday's ruling of the U.S. Court of Appeals for the Eleventh Circuit at this link.
Posted at 15:25 by Howard Bashman



Attention hockey fans: Not only is June 2004 "20 questions for the appellate judge" interviewee Justice William W. Bedsworth an accomplished author, but he also serves as an NHL goal judge at all Anaheim Mighty Ducks games and selected road playoff games. Readers with questions they are anxious to ask of a professional hockey goal judge are invited to send them along promptly via email. I'm scheduled to forward a set of "20 questions" to Justice Bedsworth on Monday of next week.
Posted at 15:15 by Howard Bashman



In news from West Virginia: The Charleston Daily Mail today contains an article headlined "Odds in justice's favor; GOP opponent must tackle McGraw name" that begins, "With his convincing victory over a well-funded, business-friendly challenger in the Democratic primary, state Supreme Court Justice Warren McGraw looks tough to defeat."
Posted at 15:13 by Howard Bashman



"Monument hearing delayed": The Duluth News Tribune today contains an article that begins, "A scheduling conflict has prompted District Court Judge James Rosenbaum to delay a hearing to resolve the settlement of Duluth's Ten Commandments lawsuit."
Posted at 15:11 by Howard Bashman



"High court weighs appeal on big tobacco judgment; The Florida Supreme Court will consider whether a $145 million judgment against the tobacco industry should be reinstated": This article appears today in The Miami Herald. And The South Florida Sun-Sentinel today reports that "Court to review $145 billion verdict against 5 largest tobacco companies."
Posted at 15:00 by Howard Bashman



A nominee for Ninth Circuit understatement of 2004: At the conclusion of a concurring opinion that she issued today, Ninth Circuit Judge Marsha S. Berzon writes: "Keeping the court's precedent coherent when we sit in three-judge panels is not always an easy task." You can access the complete decision at this link.
Posted at 14:21 by Howard Bashman



Attention prisoners seeking to appeal to the U.S. Court of Appeals for the Seventh Circuit: If you seek to rely on the prison mailbox rule found in Federal Rule of Appellate Procedure 4(c) to establish that your appeal is timely, you must strictly satisfy all of that rule's requirements. See this decision that Circuit Judge Frank H. Easterbrook issued today on behalf of a unanimous three-judge panel.
Posted at 14:00 by Howard Bashman



"Direct from Washington, the Supremes": Boston Globe columnist Alex Beam today has this essay in that newspaper.
Posted at 12:03 by Howard Bashman



A case right outta Hollywood: The South Florida Sun-Sentinel reports today that "High court may decide whether Hollywood can seize cars in prostitution cases." You can access yesterday's ruling of Florida's Fourth District Court of Appeal at this link.
Posted at 11:58 by Howard Bashman



"Wis. Court Nullifies Gaming Compact": The Associated Press provides this report on a ruling (155-page PDF document) that the Supreme Court of Wisconsin issued today.
Posted at 11:54 by Howard Bashman



"Memo to Britney: Lose the low-slungs; La. lawmakers weigh banning belly-baring, bottom-peeking pants." This article appears online at MSNBC.
Posted at 11:00 by Howard Bashman



"Appeals judges call tax ruling challenges moot": The Las Vegas Review-Journal today contains an article that begins, "A federal appeals court on Wednesday rejected as moot an effort by some Nevada lawmakers to overturn a state court ruling that nullified a two-thirds vote requirement for the Legislature to raise taxes. The unpublished decision by the 9th U.S. Circuit Court of Appeals leaves few options for the 24 Republican lawmakers who want to negate the 6-1 state Supreme Court ruling issued in July."
Posted at 10:52 by Howard Bashman



"Search engines take the stand": Declan McCullagh has this very interesting article online today at c|net News.Com.
Posted at 10:48 by Howard Bashman



"Mexico watching quest for clemency; International treaties at issue in Oklahoma capital case": This article appears today in The Chicago Tribune. In related news, The San Diego Union-Tribune reports today that "Governor considers clemency for inmate; Mexican-born man set to die Tuesday."
Posted at 10:25 by Howard Bashman



Happy anniversary: Ten years ago today, President Clinton nominated Stephen G. Breyer for a seat on the U.S. Supreme Court.
Posted at 10:14 by Howard Bashman



In news from Florida: The Miami Herald reports today that "Same-sex couples go to court, challenge barriers to marriage; Four gay and lesbian couples who want to marry filed a suit against the Defense of Marriage Act, starting a process that legal experts say will likely be long and difficult." And Reuters reports that "Florida Gays Launch Legal Fight for Marriage Rights." Because this suit has been filed in a Florida federal court, it seems destined to end up before the U.S. Court of Appeals for the Eleventh Circuit.
Posted at 10:00 by Howard Bashman



On today's broadcast of NPR's "Morning Edition": This morning's broadcast included segments entitled "Separate But Unequal"; "FEC Ruling"; "Interrogation Training"; and "Al Qaeda Web" (Real Player required).
Posted at 09:45 by Howard Bashman



"Did the Justice Department Lie to the Supreme Court?" Law Professor Eric L. Muller addresses that question here at his "IsThatLegal?" blog.
Posted at 09:36 by Howard Bashman



Choose litigation: The Tennessean today reports that "ACLU lawsuit could spell end of specialty plates, lawmaker says; Governor favors program based on court's ruling."
Posted at 09:32 by Howard Bashman



"Supreme Court clerk to speak at ceremony": The Fort Worth Star-Telegram today contains an article that begins, "William Suter, clerk of the U.S. Supreme Court, will give the commencement address at Texas Wesleyan University School of Law's graduation ceremony at 2 p.m. Friday at the Fort Worth Convention Center." And Texas Wesleyan University School of Law has issued a press release entitled "U.S. Supreme Court Clerk to address law school commencement, to receive honorary degree."
Posted at 09:29 by Howard Bashman



"Judge will hear arguments about Web site evidence": The Idaho Statesman today contains an article that begins, "Federal prosecutors could find out today if they will be able to show jurors in the Sami Al-Hussayen terrorism case several articles they say he purposely posted on Islamic Web sites to support suicide bombing operations."
Posted at 07:10 by Howard Bashman



In Thursday's newspapers: The New York Times reports that "Boston Bars Out-of-State Same-Sex Marriages." In news relating to the war on terror, "Harsh C.I.A. Methods Cited in Top Qaeda Interrogations"; "Soldier Charged in Abuse Scandal Is Moved Away From Other Suspects"; and "General Took Guantanamo Rules to Iraq for Handling of Prisoners"; and "Judge Allows Peek Into Challenge to Antiterrorism Law." An article reports that "F.B.I. Agent Pleads Guilty in Deal in Chinese Spy Case." In other news, "Chinese Parents Not Tricked, Judge Says in Custody Case." In business news, "Defense at Adelphia Trial Portrays Witness as a Liar." An article is headlined "Bryant's Long Days, Opponents' Long Nights." And in regional news, "Can Bench Set Rules for Bedroom?"; "Prosecutors Won't Oppose Convicted Killer's Hearing"; "Panel Expands Inquiry Into Rowland's Trips"; "Many Who Served on 9/11 Are Still Pressing Fight for Workers' Compensation"; and "Civilian Complaint Review Board Cites Improper Police Strip Searches."

In The Washington Post, Charles Lane reports that "Iraq Prison Abuse May Hurt Administration in Court." In coverage relating to Brown v. Board of Education, "Progress Made in City's Schools, but More to Go" and "Shaping an Argument -- and an Era; Two Who Helped Win Ruling Lauded by Its Beneficiaries." An article reports that "Rumsfeld Defends Rules for Prison; Senators Question Interrogation Guidelines." In other news, "ACLU Was Forced To Revise Release On Patriot Act Suit; Justice Dept. Cited Secrecy Rules." An article reports that "A Day of Horror in 1986 Is Relived; Flight 73 Survivors Testify at Sentencing for Hijacker." In other news, "Ex-Handler of Alleged FBI Spy Cuts Deal; He Pleads Guilty to Lying About Affair in Case Involving Chinese Intelligence." In business news, "Show Business Pleads to Keep Digital Law; House Bill Could Loosen Restrictions on Copying CDs, DVDs for Personal Use." An article is headlined "Bryant's Double Duty: From Court of Law To Game 4, Lakers Star Is 'Incredible.'" Columnist David S. Broder has an op-ed entitled "Still Separate And Unequal." Kenneth Roth has an op-ed entitled "Time to Stop 'Stress and Duress.'" And letters to the editor appear under the heading "Authority and the Treatment of Prisoners."

The Christian Science Monitor contains an article headlined "The chain of command under fire: Senators are probing how high in the chain of command responsibility lies for alleged prisoner abuses in Abu Ghraib." And in other news, "Cities move to limit protests at political conventions; Citing security, New York and Boston tightly regulate those who want to demonstrate - stifling free speech, activists say."
Posted at 06:30 by Howard Bashman



Wednesday, May 12, 2004
Elsewhere in Tuesday's and Wednesday's newspapers: The Washington Times reports that "Suits filed as Massachusetts braces for gay 'marriages.'" In somewhat related news, "Ads fight same-sex union ban." An article reports that "White sues school over race bias." And Clarence Page has an op-ed entitled "Brown vs. Board: Then vs. now."

USA Today reports that "Bryant pleads innocent to rape charge; Trial date undecided, might begin in August." In related coverage, "Bryant accuser goes to closed court hearing." An article reports that "Feds reopen 1955 racial slaying case; Teen whistled at white woman in Mississippi." In other news, "Study cites sentencing laws for rise in prison life terms." And an editorial is entitled "No deadline for justice."

The Boston Globe, in same-sex marriage-related news, contains articles headlined "Defiance, rebuke on gay marriage; Romney aide rips Provincetown"; "Foes sue justices of SJC in US court; Seek federal order to halt gay nuptials"; "Editors vow to run same-sex marriage notices if submitted"; "Ads hit Romney effort in gay marriage fight"; "Union denies benefits to gay couples"; and "Facing the 'prenup': Lawyers say accords may ease complications of same-sex divorce." And columnist Eileen McNamara has an essay entitled "A petty win for Romney," while columnist Joan Vennochi has an essay entitled "Romney's real agenda is national."

The Los Angeles Times reports that "Bryant Gives Plea of Not Guilty; Defense says prosecutors indicate they won't use his sexual history at trial, likely to start in late August." In related news, "Bryant Accuser Attends Hearing; Alleged victim in Laker star's sexual assault case makes unexpected visit to hear mental health experts testify in closed court" and "Bryant Can Travel With Team." An article reports that "Handler of Alleged Spy Cuts Plea Deal; James Smith is expected to plead guilty to lying about his affair with an accused Chinese double agent and may avoid a prison sentence." An article is headlined "Return to a Haunting Murder; New prosecutions in the South, additional clues spark a reinvestigation of the 1955 slaying of Emmett Till, a civil rights watershed." In other news, "No Assault Charges Filed in Colorado Recruit Case; Victims' wishes and concerns about evidence are cited; University is continuing its inquiry of football program over sex and alcohol claims." An article reports that "Bomb Case Detainee's Wife Keeps Brave Face; She insists suspicions of the Oregon lawyer's involvement in Madrid blasts must be mistaken." In business news, "Gateway Sues HP Over Patent Issues; The suit follows similar complaints filed by the tech giant alleging violations by the smaller computer company." In regional news, "Court Refuses to Block Vote on Slots Initiative"; "Appeals Court Reverses Murder Conviction; Judges rule that Long Beach police coerced a confession from a 16-year-old suspect in the killing of a college student in 1993"; "Hike in Bail Sought for Gang-Rape Defendant; Prosecutor requests the increase for son of O.C. assistant sheriff, alleging reckless behavior"; "S.B. County to Defy Vote System Ban; Supervisors decide to use electronic machines in the fall; Other counties join a suit against the secretary of state's ruling"; "Man Gets 11 Years for Huge Credit Card Scam; Kenneth Taves falsely billed hundreds of thousands of people for access to pornographic websites, defrauding them of $37 million"; and "Suspect in Witness' Death Roamed Jail for Hours." An editorial is entitled "'Trust Us' Won't Do." Jamie Court has an op-ed entitled "A Litigious Schwarzenegger Wants to Close the Door to Others." Alan Berlow has an op-ed entitled "Pardoned by 'Hell Law' but Doomed Anyway; Death row inmate lives in a psychotic's world, but that doesn't matter in Texas." And letters to the editor appear under the heading "Starr's Take on the Pledge of Allegiance."
Posted at 23:45 by Howard Bashman



The Associated Press is reporting: Now available online are articles headlined "Nichols Lawyers Seek to Curb Questions"; "Iowa Court Rules for Propane Survivors"; "Peterson Trial Delayed Due to Jury Process"; and "McGraw foes may rethink attack strategy after Rowe defeat."
Posted at 23:43 by Howard Bashman



Available online from law.com: In news from Florida, "Fla. High Court to Review $145 Billion Tobacco Case" and "Fixed Fight? Shareholders taking on corporations in Florida are in for a tough fight because of federal circuit's stringent rules." In news from California, "Court Rules Egg Donor Has No Parental Rights; 1st District gives sole custody of twins to lesbian over former domestic partner." In news from New York, "2nd Circuit Took a Look, Cleared the Way for Poet's Book"; "Court Rules for N.Y. Over Families of Slain Cops"; and "Coercive Jury Instructions Lead to Drug Conviction Upset." Finally, an article reports that "Conn. Supremes Set Standards for Computer Evidence; Photo overlay in murder case scrutinized."
Posted at 23:00 by Howard Bashman



The entertainer formerly know as "Fluffy": The AP reports that "Four same-sex couples file suit in Miami challenging federal gay marriage ban."
Posted at 22:54 by Howard Bashman



"Rehnquist Shuns Goal of Long Court Tenure": Anne Gearan of The Associated Press provides this report.
Posted at 22:52 by Howard Bashman



"Frist finger on 'nuclear' button": Thursday's issue of The Hill will contain an article that begins, "Senate Republican leaders are considering rewriting the chamber's rules to limit what they call Democratic obstructionism that has slowed the pace of work in the Senate to a trickle. In particular, Republicans want to eliminate the ability of Democrats to filibuster consideration of the president's executive and judicial-branch nominees, as well as bar filibusters that block the naming of conferees prior to House and Senate negotiations."
Posted at 22:33 by Howard Bashman



Flatt sues claiming botched circumcision: The Associated Press provides this report from North Dakota.
Posted at 22:30 by Howard Bashman



"State asks Supreme Court to block order shutting down schools": The Wichita Eagle provides this news update. And The Topeka Capital-Journal reports that "Kline files request to suspend judge's order."
Posted at 22:24 by Howard Bashman



"Gay Marriage in Massachusetts": Today's broadcast of NPR's "Talk of the Nation" included this lengthy segment.
Posted at 22:20 by Howard Bashman



"I, Visa: Why is U.S. immigration terrorizing British reporters?" Green card holder Dahlia Lithwick has this essay online at Slate.
Posted at 21:06 by Howard Bashman



"How to detain suspected terrorists": The New Republic today offers online this essay by Law Professor Jeffrey Rosen.
Posted at 17:44 by Howard Bashman



"Ohio court skeptical of procreation limits; Justices question order to stop fathering kids": This article appears today in The Akron Beacon Journal. And The Cleveland Plain Dealer reports that "Justices question limits on fathering."
Posted at 17:41 by Howard Bashman



"NAACP critical of decision on judge": The Honolulu Advertiser contains this article today.
Posted at 17:40 by Howard Bashman



"Oregon Bar considers disciplinary action against Goldschmidt; The group investigates after news of the former governor's illegal sex with a teen in the 1970s": This article appears today in The Oregonian.
Posted at 17:32 by Howard Bashman



The Associated Press is reporting: Now available online are articles headlined "Stevens: U.S. Doesn't Need Death Penalty"; "Utah Lawyer Nominated for Appeals Court"; "Groups Ask Court to Block Gay Marriages"; and "Suspect Pleads Not Guilty in Sjodin Case."
Posted at 17:32 by Howard Bashman



"Historic case gets new hearing": The Courier-Post of Cherry Hill, N.J. today contains an article that begins, "It took a half-century of anguish, a stack of declassified documents and a whole lot of Internet research. But the U.S. Supreme Court case that changed national security law forever was finally revisited Tuesday in a federal courtroom."
Posted at 17:24 by Howard Bashman



Choose litigation: The Philadelphia Inquirer today reports that "Group sues for 'Choose Life' tag; Backers of adoption instead of abortion say N.J. violated rights by rejecting a license plate."
Posted at 17:22 by Howard Bashman



"Brutal Logic: It's bad, it's disgusting, it's wrong. But is it torture? Lawyers have some explaining to do." Law Professor Sanford Levinson has this essay online at The Village Voice.
Posted at 17:16 by Howard Bashman



Nearly a year and a half after three-judge panel's opinion issued, U.S. Court of Appeals for the Eleventh Circuit grants rehearing en banc in case challenging constitutionality of federal church arson statute: Today's order granting rehearing en banc can be viewed at this link. The panel's now vacated ruling is here. My coverage of the panel's ruling, posted the day that decision issued, can be accessed here. A few day's thereafter, Jonathan Ringel of the Fulton County Daily Report had an article headlined "11th Circuit Reverses Church Arson Convictions; Panel says arsons weren't sufficiently tied to commerce."

Some readers may also recall that in April 2004 I had a post titled "U.S. Court of Appeals for the Eighth Circuit rejects establishment clause challenge to the federal Church Arson Prevention Act."
Posted at 16:45 by Howard Bashman



"Electric-chair use ruled constitutional": The Omaha World-Herald provides this news update.
Posted at 16:19 by Howard Bashman



"Horror show: The government did not want us to see nightmarish images from Iraq. But with our soldiers and our enemies armed with digital cameras, we can't escape the gruesome realities of war." Farhad Manjoo today has this article at Salon.com. The article links directly to a copy of the video in which Nicholas Berg is beheaded that Salon has mirrored to its own Web server. I have not watched that video, nor do I have any interest in viewing it.
Posted at 16:09 by Howard Bashman



"Federal appeals court rejects Nevada two-thirds majority tax case": In news from the U.S. Court of Appeals for the Ninth Circuit, The Associated Press reports here that "A federal appeals court on Wednesday dismissed a challenge to a Nevada Supreme Court decision that could have enabled the state's lawmakers to increase taxes last year without a voter-required two-thirds majority." The ruling appears to be an "unpublished," non-precedential decision.
Posted at 15:51 by Howard Bashman



"Sjodin murder case to be tried in federal court": The Associated Press reports here that "Federal prosecutors in North Dakota will pursue the case against the man held in the death of University of North Dakota student Dru Sjodin, and he could face the death penalty."
Posted at 15:22 by Howard Bashman



U.S. Court of Appeals for the Third Circuit seeks to reschedule oral argument in FAIR v. Rumsfeld: In a letter sent yesterday to counsel for the parties, the Third Circuit announced that it was now seeking to schedule oral argument for the week of July 12, 2004. In this appeal, the plaintiffs are seeking review of a federal district court's ruling (part one here, part two here) that refused to preliminarily enjoin the Solomon Amendment. You can learn much more about the case via this link.
Posted at 14:45 by Howard Bashman



Big (and potentially bad) news for Big Tobacco: The Supreme Court of Florida today issued an order granting review of an intermediate appellate court's decision that had decertified a class action in a case that produced a $145 billion award against Big Tobacco. The blog "Abstract Appeal" offers additional details at this link.

Update: Reuters reports that "Florida Court to Review $145 Billion Tobacco Ruling." And Bloomberg News reports that "Florida Supreme Court to Review $145 Bln Altria, Reynolds Case."
Posted at 14:31 by Howard Bashman



"Supreme Court case will test separation of powers; Implications of Nfld. pay-equity dispute will be 'far-reaching' for equality rights ": This article appears today in The Toronto Globe and Mail.
Posted at 14:07 by Howard Bashman



Seventh Circuit Judge Richard A. Posner issues concurring opinion in an attempt to clarify the standard applicable to "class of one" equal protection challenges: You can access today's ruling of the U.S. Court of Appeals for the Seventh Circuit at this link and can click here to be taken directly to Judge Posner's concurring opinion.
Posted at 13:56 by Howard Bashman



ACLU prevails in fight to put God back into the classroom: The Detroit Free Press today reports that "ACLU gets Bible verse back in local yearbook."
Posted at 12:06 by Howard Bashman



In news from West Virginia: The Charleston Daily Mail today contains an article that begins, "Incumbent Warren McGraw defeated challenger Jim Rowe in the Democratic primary for the state Supreme Court, leaving labor and plaintiffs' lawyers victorious and businesses looking toward November. With 98 percent of precincts reporting, McGraw, a justice since 1999, beat Rowe 139,177 votes to 106,839 votes in a race considered pivotal to the state's legal system. Unions and trial lawyers feared Rowe, a state circuit judge in Greenbrier and Pocahontas counties, was a puppet for business and insurance interests, while business said McGraw was biased against them."
Posted at 11:28 by Howard Bashman



"Lesbian egg donor has no parental rights to kids born from lover": David Kravets of The Associated Press provides this report. And in other coverage, Bob Egelko of The San Francisco Chronicle today reports that "Birth mom wins custody case; Prenatal agreement carries weight, appellate court says." You can access yesterday's ruling of the California Court of Appeal, First Appellate District, Division Five, at this link.
Posted at 11:13 by Howard Bashman



In news from Seattle: The Seattle Post-Intelligencer today contains an article headlined "Court delays legal challenge against tribunal" that begins, "A federal judge in Seattle gave the Bush administration yesterday the seven-week delay it wanted in a lawsuit trying to prevent a planned military tribunal trial of a man who was a driver for terrorist chief Osama bin Laden."

And The Seattle Times today contains an article headlined "Guardsman faces hearing today" that begins, "A National Guardsman accused of trying to share information on U.S. troops and weapons with al-Qaida is to go before the military's equivalent of a grand jury today at Fort Lewis."
Posted at 11:11 by Howard Bashman



"Groups ask court to uphold divorce granted to Sioux City lesbian couple": The Associated Press reports here that "A prominent gay rights group and the American Civil Liberties Union have asked the Iowa Supreme Court to uphold a divorce granted by an Iowa judge to a lesbian couple."
Posted at 11:09 by Howard Bashman



"High court justice: U.S. would be better off without death penalty." This article appears today in The Chicago Sun-Times.
Posted at 10:51 by Howard Bashman



"Judge orders restitution in 2 death cases": The Salt Lake Tribune today contains an article that begins, "A federal judge on Tuesday ordered the payment of almost three-quarters of a million dollars in the deaths of a budding artist and an infant, the first time in Utah that future lost income has specifically been awarded as restitution in homicide cases." The links to the rulings that U.S. District Judge Paul G. Cassell issued yesterday are available here but don't seem to be working yet.
Posted at 10:29 by Howard Bashman



"Y. lawyer picked for D.C. court of appeals": This article appears today in The Salt Lake Tribune.
Posted at 10:27 by Howard Bashman



In news from Kansas: The Topeka Capital-Journal reports today that "Judge tells state to shutter schools; Kline appealing to high court." The Kansas City Star reports that "Judge orders Kansas schools closed June 30." The Lawrence Journal-World contains an article headlined "Fix or close schools, judge orders state; Without proper remedy, system to be put on 'pause' starting June 30." The Wichita Eagle reports that "Judge proposes to cut off 'unconstitutional' funding of schools." And Reuters reports that "Kansas Judge Cuts Funding to School Districts."

In additional coverage, The Topeka Capital-Journal also contains articles headlined "Ruling leaves schools with questions; Current school year not interrupted; district leader says future less clear" and "Ruling leaves parents stunned."

The Kansas City Star also reports that "Education ties run deep for judge in school case" and that "School finance suits rarely lead to shutdowns." The newspaper additionally contains an op-ed entitled "Of Topeka, schools and 'activists'" by columnist Mike Hendricks and an op-ed entitled "Political histrionics wear thin" by columnist Rick Babson.

The Wichita Eagle also contains an article headlined "What happens next is up to state's Supreme Court" and an editorial entitled "Wham."

The Lawrence Journal-World also reports that "Across Kansas, parents ponder order's meaning."

The Pittsburg Morning Sun contains articles headlined "Administrators say situation serious, not desperate - yet" and "Barone: 'This is way beyond a threat.'" The newspaper also contains an editorial entitled "Ruling should have been avoided."

Finally, The Salina Journal contains articles headlined "Officials not surprised by ruling; School board members weigh in on judge's decision"; "School's not out here; Salina schools should stay open"; and "Education ease; Decision doesn't bother legislators."
Posted at 09:57 by Howard Bashman



Available online from National Public Radio: Today's broadcast of "Morning Edition" contained segments entitled "MPAA Weighs Lawsuits Against Illegal File-Sharing" and "Prisoner Mistreatment."

And yesterday's broadcast of "Day to Day" contained segments entitled "Slate's Jurisprudence: The Affirmation of Marriage Act" (featuring Dahlia Lithwick) and "The Marketplace Report: Big Trials a Boon to Business."
Posted at 09:33 by Howard Bashman



"Lawyers Seek $258M for Suing Microsoft": David Kravets of The Associated Press has this report from California.
Posted at 07:49 by Howard Bashman



"Brister confirmed as justice without single vote to spare": The Houston Chronicle today contains an article that begins, "Former Houston judge Scott Brister barely received the number of votes he needed Tuesday to be confirmed as a justice on the Texas Supreme Court. Brister, who once posted the Ten Commandments in his Houston courtroom, got 19 votes, exactly the two-thirds majority necessary to be confirmed."
Posted at 07:08 by Howard Bashman



Today's Ten Commandments news: From Minnesota, The Duluth News Tribune reports that "Monument's fate in judge's hands; A group hopes a judge will delay the settlement so it can hire an attorney and file an injunction barring the stone's removal." And The Minneapolis Star Tribune reports that "Duluth monument dispute grows."

And from Washington State, The Associated Press reports that "Legal bills mount in Everett's Ten Commandments case."
Posted at 07:04 by Howard Bashman



"Media groups support suit; Marshals Service 'overstepped' law, advocate says": This article appeared yesterday in The Hattiesburg American.
Posted at 07:03 by Howard Bashman



"State asks court to reinstate drunken pilots' prosecution": The Associated Press provides this report on a case argued yesterday in the U.S. Court of Appeals for the Eleventh Circuit. According to the article, "Hearing his first case on the federal bench, former Alabama Attorney General Bill Pryor questioned whether the appeal was premature."
Posted at 06:58 by Howard Bashman



"Computer forensic expert testifies at terrorism trial": The Idaho Statesman contains this article today.
Posted at 06:56 by Howard Bashman



"Y. lawyer nominated to D.C. appeals court; Bush taps Griffith for post; he faces confirmation still": This article appears today in The Deseret Morning News.
Posted at 06:54 by Howard Bashman



In Wednesday's newspapers: The New York Times reports that "Almost 10% of All Prisoners Are Now Serving Life Terms." In other news, "Accord Near for 9/11 Panel to Question Qaeda Leaders." An article reports that "In Mississippi Delta Town, an Unwelcome Past Calls." In other news, "Kobe Bryant Enters Plea of Not Guilty." A related article is headlined "Bryant's Pregame Ritual Is the Envy of Nobody." In news from Kansas, "Where School Desegregation Battle Began, Victory Casts a Shadow of Defeat." An article reports that "Executive Calls Vote-Machine Letter an Error." In regional news, "Judge Vacates Guilty Plea in Yemeni Case" and "Man Accepts a Plea Deal in Case of Wife's Suicide." An editorial is entitled "What Happened to Emmett Till?" And letters to the editor appear under the heading "What Do Women Want? A Pill, or Much More?"

The Washington Post reports that "9/11 Panel Seeks Access to Detainees; Commission Wants to Question Al Qaeda Members in U.S. Custody." In other news, "Bryant Pleads Not Guilty In Sexual Assault Case; Judge Decides He Isn't Yet Ready to Set Date for Trial." An article reports that "Colorado Football Inquiry Continues; Sexual Assault Charges Dropped." And a TV Preview is headlined "'Beyond Brown' Teaches America A Sad Lesson."

The Christian Science Monitor reports that "Prisons review results from 'get-tough' era; The number of convicted felons serving life sentences has increased 83 percent, but crime is down by 35 percent." In other news, "9/11 panel sets sights on talking to Al Qaeda members; Commissioners trumpet good access and hope to finish early." An article is headlined "Where the US goes after Abu Ghraib: As America braces for more brutal images, and testimony on abuse continues, war support drops and talk of justice grows." And an editorial is entitled "Helping Prisoners for Life."
Posted at 06:15 by Howard Bashman



Tuesday, May 11, 2004
"Seeking U.S. asylum, she finds 3 years in jail": This article appears today in The Philadelphia Inquirer.
Posted at 16:24 by Howard Bashman



"High court races show high costs": The Montgomery Advertiser contains this article today.
Posted at 16:24 by Howard Bashman



"$4.80 lunch-tab dispute earns county a lawsuit": Yesterday's edition of The Omaha World-Herald contained this article.
Posted at 15:28 by Howard Bashman



"Last-ditch House effort to get measure restricting abortion on '06 ballot fails": This article appears today in The Tennessean.
Posted at 15:27 by Howard Bashman



In news from Kansas: The Lawrence Journal-World reports that "Judge orders halt to 'unconstitutional' state spending on schools." You can access at this link the ruling that the trial court issued today.
Posted at 14:58 by Howard Bashman



"Ohio Court Weighs in on Deadbeat Dad Case": The Associated Press provides this report on this morning's oral argument before the Supreme Court of Ohio.
Posted at 14:23 by Howard Bashman



Second Circuit refrains from addressing on the merits whether the Federal Bureau of Prisons acted lawfully when it implemented a new policy that prohibits a person sentenced to a short term of imprisonment from being placed into community confinement: You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 14:18 by Howard Bashman



U.S. Court of Appeals for the Second Circuit holds that numerous state court securities fraud class actions that Milberg Weiss law firm brought against WorldCom on behalf of bondholders were properly removed to federal court: Today's opinion begins:
In this case of first impression in the courts of appeals, we are asked to decide whether a federal district court may exercise bankruptcy jurisdiction over generally nonremovable claims brought under the Securities Act of 1933. This is a close question, as it involves a direct conflict between two unambiguous statutes—Section 22(a) of the Securities Act of 1933, which bars removal of individual Securities Act claims, and 28 U.S.C. sec. 1452(a), which permits removal of claims that are "related to" a bankruptcy case. Because our resolution of this controlling question of law will determine whether scores of pending lawsuits are properly in federal court, we have considered this appeal on an interlocutory basis.

Based on our analysis of the relevant statutes, viewed against the backdrop of the scheme of federal jurisdiction laid out in Title 28 of the United States Code, we hold that the conflict between Section 22(a) of the Securities Act and the bankruptcy removal statute must be resolved in favor of bankruptcy removal.
You can access the complete ruling at this link.
Posted at 13:34 by Howard Bashman



"Court nomination in jeopardy; Prison-abuse scandal could thwart Bush's pick for the 4th Circuit": The Richmond Times-Dispatch today contains an article that begins, "The Iraqi prisoner-abuse scandal appears to have jeopardized President Bush's nomination of the Pentagon's top lawyer to the 4th U.S. Circuit Court of Appeals."
Posted at 11:58 by Howard Bashman



"Will prison flap influence high court cases? Experts say justices may be less inclined to favor administration." Tom Curry, national affairs writer for MSNBC, has this report today.
Posted at 11:46 by Howard Bashman



Ten Commandments news: From Minnesota, The Duluth News Tribune today contains an article headlined "Monument shalt go: The City Council agrees to settle the lawsuit that demands removal of the much-debated Ten Commandments monument from city property."

And from Pennsylvania, Saturday's edition of The Evening Sun reported that "Atheists may want piece of Wirt Park; Group says if Hanover sells a plot of land for Ten Commandments monument, they should have right to purchase one too."
Posted at 11:40 by Howard Bashman



"Microsoft 'Permatemps' Seek Pay": Today's broadcast of NPR's "Morning Edition" included this report (Real Player required).
Posted at 10:43 by Howard Bashman



The Associated Press is reporting: Now available online are articles headlined "Court Reinstates Suit Vs. FBI in Mob Case" (plus, access yesterday's ruling of the U.S. Court of Appeals for the First Circuit at this link); "Congress Targets Cell Phone Cameras"; "Judge: Grenade Defendant Must Not Doze"; "Gun Show Business Focus at Nichols Trial"; "Prosecutors Oppose Moving Peterson Trial"; and "Fast Court-Martial Expected in Abuse Case."
Posted at 10:37 by Howard Bashman



"Bush Picks Utah Lawyer for Appeals Court": The Washington Post today contains a newsbrief that begins, "President Bush has nominated Thomas B. Griffith of Utah to be a federal appellate judge on the U.S. Court of Appeals for the D.C. Circuit, replacing retired judge Patricia M. Wald." I first noted this news last night in a post you can access here.
Posted at 09:33 by Howard Bashman



"No-more-kids order goes to the state's highest court": The Cleveland Plain Dealer today contains an article that begins:
Sean Talty, according to court records, isn't sure how many kids he has fathered.

Six for sure. Probably seven.

But his lawyer, J. Dean Carro, is certain of one thing: A judge's order requiring Talty to make "all reasonable efforts" not to have more is unconstitutional.

The Ohio Supreme Court will weigh today the unusual sentence that Medina County Judge James Kimbler imposed on Talty for failing to pay child support.
And, as I noted here last night, The Washington Post today contains an article headlined "In Ohio, Supreme Court Considers Right to Procreate; A Man Behind on Child Support Got Orders Not to Beget."

You can watch this morning's oral arguments of the Supreme Court of Ohio live online at this link. The oral argument in this case is scheduled to begin just moments from now. Later today or tomorrow, a link to the archived video of this oral argument will be available online here.
Posted at 09:21 by Howard Bashman



"Prison Scandal Could Sway High Court; Experts say the abuse undermines the Bush administration's claim of executive power over detainees at Guantanamo Bay": David G. Savage has this article today in The Los Angeles Times.
Posted at 06:59 by Howard Bashman



"State violates tobacco firms' rights, lawyer says; Appellate judges seem skeptical of argument over ads": Today's edition of The San Francisco Chronicle contains this article by Bob Egelko reporting on a case argued yesterday in the U.S. Court of Appeals for the Ninth Circuit.
Posted at 06:48 by Howard Bashman



"The politics of naming Supreme Court judges": This editorial appears today in The Toronto Globe and Mail. And a related op-ed by former Supreme Court of Canada Justice Claire L'Heureux-Dube is entitled "Reject a judicial 'Roman circus'; Canada's top court is respected around the world. Choosing its judges through a more politicized process could jeopardize that reputation."
Posted at 06:44 by Howard Bashman



"Benson veto maintains execution of 17-year-olds": The Union Leader of New Hampshire today contains this article.
Posted at 06:42 by Howard Bashman



"Terrorism trial heats up over e-mail; Judge: 'The first Amendment will be an issue'": This article appears today in The Idaho Statesman.
Posted at 06:40 by Howard Bashman



In Tuesday's newspapers: In The New York Times, Adam Liptak reports that "First Baghdad Court-Martial May Set Table for Later Ones." An article reports that "U.S. Reopens '55 Murder Case, Flashpoint of Civil Rights Era." In news from Massachusetts, "Town Set to Defy Governor on Same-Sex Marriage Issue." An article is headlined "How to Catch Fish in Vermont: No Bait, No Tackle, Just Bullets." In business news, "Citigroup Agrees to a Settlement Over WorldCom"; "Citigroup Assesses a Risk and Decides to Settle"; and "Trial Starts for 2 Accused in Cendant Fraud." In regional news, "Negligent Upstate Couple Is Told Not to Procreate" and "Inmate Moved and Isolated to Protect Trial Witnesses." An article reports that "With Bryant in Trouble, the Lakers Are, Too." And editorials are entitled "Justice at the Crime Scene" and "Lawn vs. Demonstrators."

The Washington Post reports that "Reservist Followed Orders, Her Lawyers Say." Related articles are headlined "Secret World of U.S. Interrogation: Long History of Tactics in Overseas Prisons Is Coming to Light" and "The Psychology of Torture: Past Incidents Show Abusers Think Ends Justify the Means." In other news, "Justice Dept. to Aid Probe of Till Case; Mississippi Looking at 1955 Slaying Again." An article reports that "Citigroup to Pay WorldCom Investors $2.65 Billion." In regional news, "2nd Indictment for Terror Suspect; Man Accused of Lying to Agents About Ties to Militant Groups" and "Md. Court Cuts Time To Reduce Sentences; Trial Judges Given Five Years to Act." And editorials are entitled "Rules of the System" and "New Plans."

The Christian Science Monitor contains an article headlined "Brown's promise: yet to be fulfilled." And in related coverage, "The bars of racism imprison both sides; Prince Edward, Va., skirted Brown v. Board of Education by closing its public schools"; "One Class of 1980 recalls life with 'Brown'"; "Schools that embraced a change"; and "At a school left behind, students ponder the gap."
Posted at 06:04 by Howard Bashman



Monday, May 10, 2004
Elsewhere in Monday's newspapers: USA Today reports that "Oklahomans' feelings are mixed on Nichols' trial; Some hope for answers; others want to move on." A related article is headlined "U.S. ignores risks posed by readily available explosive." And in other news, "Lawyer's family denies link to Madrid blasts; U.S. investigators maintain faith in tests."

The Los Angeles Times reports that "U.S. Plans Abuse Trial; The first court-martial arising from the treatment of prisoners is scheduled for this month in Iraq; Another photo gets published." In news from Colorado, "Bryant Hearing Starts Today; Issues involving evidence, jurors and Colorado's rape-shield law will be addressed in the three-day session." An article reports that "Judge Frees 3 Men in Drug Case; Defense lawyers were not told that a paid informant had hired others to help identify suspects; Other DEA cases are in jeopardy." And an editorial is entitled "Cleaner Air Worth the Cost."

The Boston Globe reports that "Unitarians prepare to marry gays; Denomination set to 'make history.'" In other news, "Blogs colliding with traditional media; Convention credentials expected for Web logs." And James Alan Fox has an op-ed entitled "Going for the gold on death penalty."

Finally for now, Nat Hentoff has an op-ed entitled "A bipartisan plea to Sen. Hatch" in The Washington Times.
Posted at 23:44 by Howard Bashman



"In Ohio, Supreme Court Considers Right to Procreate; A Man Behind on Child Support Got Orders Not to Beget": This article will appear in Tuesday's edition of The Washington Post.
Posted at 23:40 by Howard Bashman



Available online from law.com: Tony Mauro addresses the question "Will Justices Uncork the Wine Shipment Battle?" In news from California, "9th Circuit Says Killer Deserves Death." In news from Texas, "Prosecutors Seek Venue Change in Tulia-Related Case." And an article is headlined "A Dubious Distinction: Is Madison County, Ill., population 258,941, the mesothelioma capital of the country?"
Posted at 23:32 by Howard Bashman



President Bush nominates Thomas B. Griffith to fill the vacancy on the U.S. Court of Appeals for the D.C. Circuit for which Miguel A. Estrada had been nominated: Today's official announcement can be accessed here. Griffith had previously been rumored as a potential D.C. Circuit nominee. For those unfamiliar with his background, in 2000 Brigham Young University announced that:
Thomas B. Griffith is BYU's new general counsel and an assistant to the president. He replaced Eugene H. Bramhall, who retired. Griffith has been a partner in the Washington, D.C., law firm of Wiley, Rein and Fielding. He also served from 1995 to 1999 as the chief legal officer of the U.S. Senate. A BYU alumnus, Griffith earned his law degree at the University of Virginia.
This succinct bio can be accessed here.
Posted at 22:40 by Howard Bashman



"Ten Don'ts For Appellate Advocates (From the Perspective of a Clerk)": Milbarge at the "Begging The Question" blog offers this good advice.
Posted at 20:58 by Howard Bashman



"Solicitor General Considering Appeal to Supreme Court of Ninth Circuit Hemp Food Decision; Court Extends Deadline for DEA Appeal": The organization Vote Hemp issued this press release today. My earlier coverage of this matter can be accessed here and here.
Posted at 17:41 by Howard Bashman



"Gannett, AP Sue U.S. Marshals for Erased Scalia Tapes": Reuters provides this report.
Posted at 17:37 by Howard Bashman



"Groups Challenge Gay Marriage in Mass." The Associated Press provides this report. Related press releases can be accessed here and here.
Posted at 16:45 by Howard Bashman



"Ninth Circuit to Rule En Banc on Whether Missing Deadline to File Appeal Was 'Excusable Neglect'": The Metropolitan News-Enterprise contains this article today.
Posted at 16:39 by Howard Bashman



"Communities split over pledge; High court to decide if 'under God' should be cut": This article appears today in The Poughkeepsie Journal.
Posted at 16:22 by Howard Bashman



"Library of Congress Exhibition Marking 50th Anniversary of Brown V. Board of Education Opens May 13": The Library of Congress recently issued this press release. Speaking of the Library of Congress, I'm still in the midst of viewing The Justice Harry A. Blackmun oral history project.
Posted at 15:59 by Howard Bashman



"Benson Vetoes Bill To Raise Death Penalty Age; Current Minimum Age For Death Penalty Set At 17": The Associated Press reports here that "Gov. Craig Benson vetoed a bill Monday that would have raised the minimum execution age in New Hampshire from 17 to 18 and pledged to seek capital punishment for anyone who kills a police officer." The State of Missouri is likely to view this development as welcome news in connection with the case presenting these questions now pending on the merits before the U.S. Supreme Court.
Posted at 15:41 by Howard Bashman



For its next trick, the U.S. Court of Appeals for the Fourth Circuit will beat swords into plowshares: Today the Fourth Circuit issued an order correcting the "cannons" versus "canons" error that a reader of "How Appealing" noted here on Friday. Concerning the larger issues raised in that post, the masses have remained gloriously silent.
Posted at 14:45 by Howard Bashman



Terrorists please avert your eyes: The Associated Press today has published an article listing "Federal Web Sites That May Aid Terrorists."
Posted at 14:29 by Howard Bashman



Any questions? June 2004's interviewee in this blog's monthly "20 questions for the appellate judge" feature will be Associate Justice William W. Bedsworth of California's Fourth District Court of Appeal, Division 3, in Santa Ana. Justice Bedsworth is justifiably well known for his always quite humorous monthly essays which have now been syndicated nationwide by law.com. You can access his most recent column here and that plus an archive containing many others here.

I am due to dispatch a set of "20 questions" to Justice Bedsworth one week from today. Any readers who would like to propose topics or specific questions for the interview are invited to do so via email, a process you can initiate by clicking here.
Posted at 14:17 by Howard Bashman



Access online the federal court complaint filed today in The Hattiesburg American v. United States Marshals Service: I have obtained a copy of the complaint and have posted it online here.
Posted at 14:04 by Howard Bashman



"U.S. Marshals accused of violating Gannett, AP reporters' Constitutional rights": You can access at this link the press release that Gannett has issued in connection with the lawsuit that I previously mentioned here. Still to come -- a link to the federal court complaint filed today.
Posted at 13:45 by Howard Bashman



"Sergeant's Lawyers Seek to Relocate Trial": The Associated Press is reporting here from Fort Bragg, North Carolina that "Lawyers for an Army sergeant accused in a fatal grenade attack on his fellow soldiers in the opening days of the Iraq war asked Monday that the trial be moved or that jurors be chosen from another branch of the military."
Posted at 13:36 by Howard Bashman



U.S. Court of Appeals for the Ninth Circuit today sets aside two unrelated California state court criminal convictions on writs of habeas corpus: In one case, a unanimous three-judge panel issued a per curiam opinion holding that a prisoner could not lawfully receive a 25-year-to-life sentence for failing to re-register as a sex offender pursuant to California's sex offender registration statute absent proof by the prosecution that the defendant knew he had a lifelong duty to register.

In the other case, Circuit Judge Alex Kozinski, on behalf of a unanimous three-judge panel, issued a lengthy opinion that begins:
Petitioner is serving a life sentence without the possibility of parole for a crime committed when he was sixteen years old. The conviction hinges on a full confession petitioner gave after he was arrested in his home late one night and interrogated by two police detectives past 3:00 a.m. Pursuant to the Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA"), Pub. L. No. 104-132, § 104, 110 Stat. 1214, 1219 (1996), we consider whether the state courts were objectively unreasonable in finding that the confession was lawfully and voluntarily obtained.
You can access the complete opinion at this link.
Posted at 13:21 by Howard Bashman



More recusal issues on the horizon for Justice Antonin Scalia: The Associated Press is reporting that "AP, Miss. Newspaper Sue Over Tape Erasure." The article begins, "The Associated Press and the Hattiesburg American filed a lawsuit Monday against the U.S. Marshals Service over an incident in April in which a federal marshal erased reporters' recordings of a speech Supreme Court Justice Antonin Scalia gave to high school students." Additional details are contained in an article headlined "Lawsuit targets U.S. Marshals; Recordings seizures violate law, American, Associated Press say" published in The Hattiesburg American.
Posted at 12:19 by Howard Bashman



"Law Professors: Blog Your Way to Tenure." Evan Schaeffer offers details here at his blog "Notes from the (Legal) Underground."
Posted at 10:37 by Howard Bashman



"Judge who was accuser is accused; A suspicion of plagiarism came as a hard blow for Greg Holder, known by friends and enemies as a crusader": This article appears today in The St. Petersburg Times.
Posted at 10:13 by Howard Bashman



Available at National Review Online: Dennis E. Powell has an essay entitled "Gay Divorcees? Vermont's civil-union law will be tested in New York." And Deroy Murdock has an essay entitled "Bad Trip: The federal war on drugs expands."
Posted at 10:07 by Howard Bashman



"Bush and the Lesser Evil": In the May 27, 2004 issue of The New York Review of Books, Anthony Lewis reviews Michael Ignatieff's new book, "The Lesser Evil: Political Ethics in an Age of Terror." A very interesting and substantial excerpt from that book was the cover story of the May 2, 2004 issue of The New York Times Magazine. Although that cover story is no longer freely accessible online, you can access without charge chapter one of the book here (25-page PDF file).
Posted at 09:53 by Howard Bashman



"The Perils Of Torturing Suspected Terrorists": Stuart Taylor Jr. has this essay in today's issue of National Journal.
Posted at 09:39 by Howard Bashman



"Iraqi judges find good counsel; U.S. justices among tutors": This article appeared in Saturday's edition of The Chicago Tribune.
Posted at 08:42 by Howard Bashman



"No Doubt?" MotherJones.com today contains this essay by Nonna Gorilovskaya on Massachusetts Governor Mitt Romney's efforts to reinstate the death penalty. Meanwhile, the band No Doubt offers this video tribute (Real Player required).
Posted at 08:37 by Howard Bashman



"'Penis eater' found guilty": Agence France-Presse provides this report from Australia. And The Australian reports that "Cannibal accused found guilty." My earlier coverage of this court proceeding can be found in a post titled "It tastes like chicken."
Posted at 08:29 by Howard Bashman



"Gays look to marry in Mass. next week; Many states acting to bar recognition of same-sex marriages": The Pittsburgh Post-Gazette contains this article today.
Posted at 07:06 by Howard Bashman



"Debate renewed over executing the mentally ill; State didn't prosecute man for earlier crimes": This article appears today in The Houston Chronicle.
Posted at 07:03 by Howard Bashman



"'Brown' case had impact on lawyer": Today's issue of The Arizona Republic contains an article that begins, "Before Charles Ares was a 77-year-old law professor and former dean, retired, from the University of Arizona's Rogers College of Law, he was a 26-year-old law clerk for Supreme Court Justice William O. Douglas."
Posted at 06:59 by Howard Bashman



"Martinez argues Padilla case": The Stanford Daily today contains this article.
Posted at 06:55 by Howard Bashman



"Should Supreme Court candidates express views?" This article appears today in The Daily Inter Lake of northwest Montana.
Posted at 06:50 by Howard Bashman



"Justice, pop star to visit site": The Topeka Capital-Journal last week published an article that begins, "Pop singer Michelle Williams, of Destiny's Child, and one of the Supremes -- Stephen Breyer, not Diana Ross -- will help Topeka celebrate the 50th anniversary of Brown v. Board of Education."
Posted at 06:48 by Howard Bashman



"In address, Regent alumnus teaches graduates the real value of a dollar": Yesterday's edition of The Virginian-Pilot contained this article. Other coverage of Saturday's commencement address by Eleventh Circuit Judge William H. Pryor, Jr. is available via this link.
Posted at 06:42 by Howard Bashman



"A month in, Al-Hussayen trial tests one's patience": This article appears today in The Idaho Statesman.
Posted at 06:38 by Howard Bashman



In Monday's newspapers: The New York Times reports that "Honor for Dr. King Splits Florida City." An article is headlined "Voice of Health in a Pornographic World." In other news, "Eye on F.C.C., TV and Radio Watch Words." And letters to the editor appear under the heading "Abu Ghraib and Guantanamo."

The Washington Post reports that "Lentz Case Sends Chill Through Federal Courthouse; In Alexandria, Spiraling Accusations of Planted Evidence in Murder Trial Spawn a Storm of Tension." In other news, "MP to Be First Tried for Abuses; Proceeding in Iraq to Be Open to Public." An article reports that "Ohio Gay Marriage Initiative Roils Skeptics; Some See Conservatives Pushing Bans in Close States to Spur Turnout for Bush." In other news, "Worker Takes EPA To Court -- Again; Retaliation for Discrimination Suit Alleged." Law Professor James Q. Whitman has an op-ed entitled "Prisoner Degradation Abroad -- and at Home." And letters to the editor appear under the headings "POWs by Any Name" and "Comparison Faulted."

The Christian Science Monitor contains an article headlined "In Utah, Birkenstocks, backpacks, and guns? University of Utah fights a law allowing concealed weapons on campus."

And The Wall Street Journal contains an op-ed entitled "'The Spirit of Liberty': Before attacking the Patriot Act, try reading it" by Chief Judge Michael B. Mukasey of the U.S. District Court for the Southern District of New York.
Posted at 06:05 by Howard Bashman



Sunday, May 09, 2004
"Still separate, unequal; Most of Illinois' black students remain in segregated, inferior schools": The Chicago Tribune today contains this article.
Posted at 23:55 by Howard Bashman



"Change: May be time to look at drafting and adopting a constitution for Guam." This editorial appears today in The Pacific Daily News.
Posted at 23:54 by Howard Bashman



"Lessons from Auman case": Today in The Denver Post, columnist Ed Quillen has an op-ed that begins, "Someday soon, the Colorado Supreme Court will issue a ruling on the Lisl Auman case, which just got some national attention with an article by Hunter S. Thompson and Mark Seal in the June edition of Vanity Fair."
Posted at 23:52 by Howard Bashman



In Sunday's newspapers: The New York Times reports that "For 28 Cows and Precious Water, a Man's Got to Sit in Jail." An article is headlined "Want a Big-Name Speaker for Commencement? A Private Jet Helps." The Week in Review section contains articles headlined "Torture Is Often a Temptation and Almost Never Works" and "The Disability Movement Turns to Brains." And letters to the editor appear under the heading "Pornography, Illegality and the First Amendment."

The Washington Post reports that "Pentagon Approved Tougher Interrogations." An article is headlined "Terror Cells: Abuse of Iraqi Detainees Is an Echo of The Cruelties Inflicted on U.S. Inmates." An editorial is entitled "Uncivil Disunion." And a letter to the editor appears under the heading "Virginia Is for (Straight) Lovers."

The Washington Times reports that "Chicano group denied funding." And an op-ed by Dan K. Thomasson is entitled "A missed opportunity?"

The Boston Globe reports that "Scars remain years after battles over integration." In same-sex marriage-related news, "Marriage of the minds; For Menino, gay unions are a matter of course" and "For towns that denied rights, altar is now set." A related article in The Boston Globe Magazine is headlined "The (New) Parent Trap: With Massachusetts on the brink of making history by becoming the first state to allow gays to legally marry, the parents of many gay couples find themselves torn between the love for their children and a traditional view of marriage." And columnist Ellen Goodman has an op-ed entitled "Teenagers as fractional voters."

The Los Angeles Times contains an article headlined "For Civil Rights Pioneer, a Life of Quiet Struggle; After 1954's landmark desegregation ruling, Josephine Boyd found herself on the front lines; Now, she's left with a legacy of doubt." In other news, "Marchers Want Changes in U.S.-Mexico Extradition Pact; The rally is spurred by suspects who avert death or life-without-parole terms by fleeing south." An article from The Associated Press is headlined "Guatemalan Youth Slain 17 Days After Being Deported From U.S.; Edgar Chocoy, who had joined gangs in his native land and L.A., tried to change his life; He begged to stay, fearing death if he went home." An obituary is headlined "GOP's Pete Knight, 74; Former Test Pilot Was Foe of Gay Marriage." Kenneth W. Starr has an op-ed entitled "'Under God,' and Under the Constitution: Nation's pledge can coexist with the freedom to remain silent." Law Professor Rosa Ehrenreich Brooks has an op-ed entitled "A Climate That Nurtures Torture." And Greg Goldin has an op-ed entitled "Tough Laws Can Help Us Breathe Easier; Inhaling in L.A. is again bad for your health, thanks in part to a lax White House."
Posted at 23:36 by Howard Bashman



"First Trial Set to Begin May 19 in Abuse in Iraq": Monday's issue of The New York Times will contain an article that begins, "A 24-year-old military policeman from Pennsylvania will be court-martialed here on May 19, the first American soldier to face trial in the abuse of Iraqi detainees at Abu Ghraib prison, military officials said Sunday. In an extraordinary gesture to address outrage over the abuse scandal, the military is permitting broad public access to the trial and will invite the Arab news media."
Posted at 23:16 by Howard Bashman



Available online from The New Yorker magazine: The May 10, 2004 issue contains an article headlined "Kerry's trials: What the candidate learned as a lawyer" by Jeffrey Toobin.

And the May 17, 2004 issue will contain an article by Seymour M. Hersh entitled "Chain of command: How the Department of Defense mishandled the disaster at Abu Ghraib."
Posted at 23:04 by Howard Bashman



Arriving at newsstands soon: The May 17, 2004 issue of Newsweek contains an article by Ellis Cose marking the 50th anniversary of Brown v. Board of Education. The article is headlined "A Dream Deferred: Fifty years ago, a landmark ruling seemed to break Jim Crow's back and usher in an era of hope for integrated education. But the reality has fallen short of the promise. The fight for decent schooling for black kids goes on." A related photo gallery can be accessed here. The brand new issue of Newsweek also contains articles headlined "An American Connection: It was just a fingerprint on a bag in Madrid; But the latest clue in the probe of Spain's 9/11 led the Feds to a lawyer in Portland; Tracing terror's tricky arc" and "A Rising Tide, Rocking Boats: The politics of gay marriage roil Oregon's electoral terrain."

The May 17, 2004 issue of Time, meanwhile, contains an article headlined "The Rules of Interrogation: It's murky business, but some methods work better than others."
Posted at 13:01 by Howard Bashman



"Researcher developing depravity scale for killers": The Naples Daily News today contains this article.
Posted at 12:47 by Howard Bashman



"Governor faces tough choices on lawsuit initiative": This article appears today in The Sacramento Bee.
Posted at 12:42 by Howard Bashman



"Warren honor shelved over historical dispute; Lawmaker can't forgive his role in WWII internment": The San Diego Union-Tribune today contains this article. And The San Jose Mercury News today contains an op-ed by Phil Yost entitled "Earl Warren: an imperfect leader who lifted a nation."
Posted at 09:50 by Howard Bashman



"Supreme Court session ending with potentially historic cases": This article appears today in The Houston Chronicle.
Posted at 09:40 by Howard Bashman



"At Regent, judge encourages faith": The Richmond Times-Dispatch today contains an article that begins:
William H. Pryor Jr., whom President Bush appointed to a federal appeals court by bypassing the Senate, led a prayer and addressed graduates yesterday at Regent University, the graduate school founded by religious broadcaster Pat Robertson.

Robertson introduced Pryor as "the judge Ted Kennedy loves to hate, and that's why we like him so much." Pryor, a former Alabama attorney general, has denounced the Roe v. Wade abortion decision as "the worst abomination in the history of constitutional law."
The complete article is available at this link.

Update: "Feddie" at "Southern Appeal" provides here a link to a videotape of Judge Pryor's commencement address delivered yesterday.
Posted at 09:15 by Howard Bashman



Saturday, May 08, 2004
In today's issue of The San Francisco Chronicle: An article reports that "Lockyer hints he'll grab S.F.'s cop-killing case." And Bob Egelko has an article headlined "Judge narrows Ukraine case; 24 charges against former prime minister dropped in money-laundering trial in S.F."
Posted at 23:28 by Howard Bashman



Elsewhere in Saturday's newspapers: The Boston Globe reports that "O'Malley hits plan for death penalty." And in other news, "Lawyers slam state care of the retarded; May ask judge to reopen case."

The Los Angeles Times reports that "Officer's Murder Divides San Francisco; Atty. Gen. Lockyer may step in as the D.A. refuses to seek death in the killing of a police officer." In somewhat related news, "At Memorial, Governor Pledges Execution for Killers of Officers." An article reports that "FDA Drug Chief Says He Made 'Morning After' Pill Decision." In news relating to the prosecution of Kobe Bryant, "Prosecution Rejects Expert." In regional news, "Lawsuit From Protest in 2000 Settled; Agreement in the final case claiming police abuse during the Democratic convention brings L.A.'s total payouts to $4.1 million"; "Defendant Haidl Is Detained Again; Assistant sheriff's son, who is on trial for rape, is stopped in connection with vandalism"; and "Deliveries of Joy for Moms in Prison; A Mother's Day campaign reunites incarcerated women with their children; For many, it's a rare event." An editorial is entitled "Politics of Contraception: Election-year concerns trump science in FDA decision to keep 'morning-after' pill off the shelves; Many women will suffer because of this misguided move." And letters to the editor appear under the heading "Michael, Kobe and Scott Crowd Out Real News."
Posted at 23:00 by Howard Bashman



News from the Tennessee county that was once home to the Scopes Monkey Trial: Today's issue of The Tennessean contains an article from Dayton, Tennessee headlined "Preachers stoke anti-gay sentiment." And The Chattanoogan today contains a news update headlined "Gays Trickle Into Rhea County; Attendance Down For Day At The Park."
Posted at 22:43 by Howard Bashman



"Toward a More Perfect Union": David J. Garrow, in tomorrow's issue of The New York Times Magazine, has this profile of the woman who has been called the Thurgood Marshall of the same-sex marriage issue.

Sunday's issue of The New York Times will also contain an article headlined "Using the Courts to Wage a War on Gay Marriage."
Posted at 20:18 by Howard Bashman



"Appointments OK: justices; Chief Justice Beverley McLachlin opposes changing Supreme Court selection process." This article appears today in The Edmonton Journal.
Posted at 20:04 by Howard Bashman



"The Supreme Court Asks: Who Will Guard the Guardians?" Linda Greenhouse will have this article in the Week in Review section of Sunday's issue of The New York Times.
Posted at 20:03 by Howard Bashman



"PACs rule Miss. justice races, group says": This article appears today in The Clarion-Ledger.
Posted at 19:54 by Howard Bashman



"Bush trip confirmed; President to speak at Brown opening": The Topeka Capital-Journal today contains an article that begins, "A White House official confirmed Friday that President Bush would be in Topeka on May 17 for the dedication of the Brown v. Board of Education National Historic Site." The newspaper also contains an editorial entitled "Presidential visit -- Welcome; The presence of the president will lend stature to our May 17 celebration." You can learn more about that new National Historic Site at this link.
Posted at 19:47 by Howard Bashman



"Hale wanted fewer blacks on his jury; White supremacist was 'worried sick'": This article appears today in The Chicago Tribune.
Posted at 19:33 by Howard Bashman



Seattle's newspapers are reporting: The Seattle Post-Intelligencer today reports that "Lawyer suing Rumsfeld defends Yemeni prisoner held in Cuba."

And The Seattle Times today contains articles headlined "Portland man innocent in Madrid train bombing, family says"; "Former public defender disbarred, accused of enriching self at poor clients' expense"; and "Judge rejects claims to sue Nickels over same-sex marriages."
Posted at 19:22 by Howard Bashman



"Connerly: Race-gender ballot plan will succeed." Yesterday's issue of The Detroit Free Press contained an article that begins, "The national leader in the drive to ban government use of race and gender preferences guaranteed on Thursday that the issue will be placed before Michigan voters, if not this year, then in 2006."
Posted at 19:15 by Howard Bashman



Available online from National Public Radio: Friday evening's broadcast of "All Things Considered" contained segments entitled "Nichols Defense: Okla. Bombing Was Larger Conspiracy" and "FDA Nixes Over-the-Counter Sales of 'Morning After' Pill."

Friday's broadcast of "Morning Edition" contained segments entitled "Prosecuting Contractors in Iraq Legally Murky"; "Experts: U.S. Eased Interrogation Rules Post-Sept. 11"; and "Critics See Politics in FDA Rejection of Plan B Pill."

Thursday evening's broadcast of "All Things Considered" contained segments entitled "Breaking the Color Barrier"; "Michigan Seeks to Refine Sex-Offender List"; and "FDA Rejects Over-Counter Sales of 'Plan B' Pill."

Finally, Thursday's broadcast of "Morning Edition" contained a segment entitled "Legal Aspects of Investigating Iraqi Abuse."
Posted at 19:05 by Howard Bashman



"No ifs, ands or butts; Panel advances bill to ban saggy pants": Yesterday's edition of The Advocate of Baton Rouge, Louisiana contained this article. (Via "Obscure Store.")
Posted at 18:57 by Howard Bashman



"No more kids, judge orders local couple; Drug use, homelessness, lack of care prompt a unique ruling": This article appears today in The Rochester (N.Y.) Democrat and Chronicle.
Posted at 18:56 by Howard Bashman



The Oregonian is reporting: Today's newspaper reports that "Fingerprint links Oregon with Spain; Officials have been watching Brandon Mayfield of Aloha since two weeks after the March 11 Madrid terror bombings." The article begins, "Federal investigators are examining whether a Washington County lawyer shipped materials later used by terrorists to blow up four commuter trains in Madrid on March 11, a law enforcement official said Friday." A related editorial is entitled "An Oregon fingerprint in Madrid; The probe into Europe's 9/11 leads to Portland."

Today's newspaper also reports that "Goldschmidt could lose license to practice law; The statute of limitations precludes prosecution, but discipline by the Oregon State Bar is possible." This news follows a report in yesterday's newspaper that "Goldschmidt confesses '70s affair with girl, 14; Former governor quits career, citing his long-held 'lie.'"
Posted at 09:30 by Howard Bashman



"Politics Blocking Otherwise Uncontested Court Nominees": Jonathan Groner has an article online at law.com that begins, "Two dozen of President George W. Bush's otherwise noncontroversial choices for federal judgeships have stalled just short of a Senate vote -- hostages to an ongoing dispute between the White House and Senate Minority Leader Tom Daschle, D-S.D."
Posted at 09:21 by Howard Bashman



The Houston Chronicle is reporting: "How Appealing" reader Mary Flood reports that "Judge tells Skilling to stay sober, find work; Month after fracas, ex-Enron CEO gets stiffer bond terms."

And in other news, "Judge rejects motion to put asbestos cases on hold; Says inactive docket violates legal authority." A preview published in yesterday's newspaper was headlined "Hundreds of asbestos cases at stake in hearing."
Posted at 09:17 by Howard Bashman



In Saturday's newspapers: The New York Times reports from Oregon that "Arrest in Bombing Inquiry Was Rushed, Officials Say." In other news, "Morning-After-Pill Ruling Defies Norm." An article reports that "Gotti Sues to Go to Halfway House." The Arts section contains an article headlined "Liberty, Technology, Duty: Where Peace Overlaps War" and an essay by David L. Chappell entitled "If Affirmative Action Fails ... What Then?" And an op-ed by Jennifer Gonnerman is entitled "A Beaten Path Back to Prison."

The Washington Post reports that "Lawyer's Fingerprint Linked to Bombing; Bag, Detonators Found in Stolen Van in Spain." An article is headlined "FDA: Plan B Sales Rejected Against Advice; Official Denies That Politics Blocked Contraceptive's Over-the-Counter Status." In regional news, "Ehrlich Calls Multiculture Idea 'Bunk'; Radio Show Remarks Offend Latino Leaders." An article reports that "Skilling Told to Stop Drinking, Get Treatment, Obey Curfew." And an article reports that "Spy Museum Takes a Crack at Terrorism."
Posted at 08:45 by Howard Bashman



Acknowledgements: To avoid any ongoing confusion among readers of "How Appealing," there are some facts that I must acknowledge but that I will continue to refuse to allow to get in the way of a "good joke."

Over the past few days, several readers -- including another current nominee to the U.S. Court of Appeals for the Sixth Circuit -- have emailed in response to this recent post to note that Sixth Circuit nominee Henry W. Saad's last name in fact doesn't rhyme with "sad." That's true. As I learned when I watched his Senate Judiciary Committee hearing back in July 2003, Judge Saad's last name instead rhymes with "jubilant." Unfortunately, I remain so in shock over that discovery that I only seldomly mention it.

In related news, Eleventh Circuit Judge Pryor's last name does not rhyme with "prior." In fact, the correct pronunciation is reminiscent of "subsequent." It is true, however, as NPR once reported in an audio segment that you can access here (Real Player required), that Judge Pryor's real first name is "Richard" and that he is quite the comedian. Regular readers of this blog are presumed familiar with these factoids.

In other Eleventh Circuit news, Circuit Judge Frank M. Hull is a woman. I kid you not.

Finally, it's my non-jubilant obligation to report that despite great expectations to the contrary, the first few published opinions that Fifth Circuit Judge Edward C. Prado has issued have revealed no sense of humor whatsoever. Judge Prado has also yet to find a way to work his trademarked sound clips into PDF files of appellate opinions. But hope springs eternal as the Fifth Circuit's Web site has just unveiled a hot new look and presumably offers new functionality.
Posted at 07:33 by Howard Bashman



Friday, May 07, 2004
Elsewhere in Thursday's and Friday's newspapers: In Friday's issue of The Los Angeles Times, Maura Dolan reports that "O.C. Child Care Center Is Cleared in Deaths of 2; High court says the school could not have foreseen that a 'vicious murderer' would ram his car through a fence with intent to kill." In other news, "Oregon Attorney Arrested Over Possible Tie to Spain Bombings; FBI says a fingerprint links the Islam convert to evidence in Madrid attacks that killed 191." An article reports that "Judge Rejects Law Blocking 'Right to Die'; Florida stature keeping a vegetative woman alive over her wishes ruled unconstitutional." In news from Colorado, "Court Rejects Bloom in Endorsement Dispute." In regional news, "Jackson Acts to Tone Down Image; Dignity replaces dazzle as the pop star alters his approach to the case; His most important audience is the judge and potential jurors"; "Juries Weighing Sanity Often Find Choice Anguishing; Even experts lament a slippery concept, and a verdict can plague the conscience; Testimony can be one-sided, and diagnoses are evolving"; "Alleged Rape Victim Takes Stand at Trial; UCLA student says she remained silent during the dorm room assault by three attackers because 'I didn't know what they would do'"; "Judge Is Hit With Series of Allegations; Jurist faces disciplinary action for alleged abuse of authority and other ethics code violations"; "Senate to Release BALCO Evidence; Its decision to give data on steroids inquiry to anti-doping agency may alter U.S. Olympic team, but time is a concern"; and "Spector's Attorneys Dispute Evidence; They say their experts disagree with coroner's findings and determined that actress shot herself." And an editorial is entitled "In Judgment of the Judges."

Thursday's issue of The LATimes reported that "Panel OKs Partial Votes for Youths; Senate committee approves fractional ballots in effort to get more young people to the polls; Even supporters admit bill is unlikely to become law." In other news, "Massachusetts Governor Backs Off in Gay Marriage Squabble; Gay or lesbian couples seeking licenses won't have to provide proof they live in the state." And in regional news, "Newport Detective Is Under Suspicion; With a major gang-rape trial just underway, a workers' compensation accusation could hurt" and "Despite Ruling, Goodwin Still in Jail; Former promoter loses a bid for release even though the court has said O.C. can't try him in the Thompson slaying."

In Friday's issue of USA Today, Joan Biskupic reports that "Supreme Court backs up in redistricting dispute." In other news, "Legal experts predict new rounds in food fight." And an article reports that "Ore. man detained as witness in Madrid bombing probe."

Thursday's issue of USA Today reported that "Governor eases rules for gay marriages; Massachusetts will allow applicants to swear they are residents of state." And an article addresses "Legal issues in prosecuting abuse perpetrators."

Friday's issue of The Boston Globe reports that "Public counsel sue Holyoke, Springfield judges over pay."

Thursday's issue of The Boston Globe reported that "Senators would let gay outsiders wed; Amendment seeks repeal of 1913 law." In other news, "Student paper focus of debate; Policy stirs concerns of censorship." An article is headlined "Building a sense of harmony; Acceptance of gays grows among students." And an editorial is entitled "An obsolete marriage law."

Finally for now, Friday's issue of The Washington Times contains news from Oklahoma that "Same-sex adoption negated in state." In other news, "Two Guantanamo guards punished for prisoner abuse." And Peter J. Paris has an op-ed entitled "Gov. Romney's trump card."
Posted at 23:58 by Howard Bashman



"Bush to visit Topeka for Brown anniversary": The Associated Press provides this report. And the final two segments of Matthew Polly's travel series published online at Slate are entitled "Brown Revisited: Looking back on Kansas' crucial role in the fight for racial equality" and "Brown Revisited: Are magnet schools the modern equivalents of 40 acres and a mule?"
Posted at 23:56 by Howard Bashman



"Lessons of Memogate: The Senate Republicans' Tin Ear." Manuel Miranda today has this essay online at CNSNews.
Posted at 23:54 by Howard Bashman



"Lawyers profit by challenging colleagues' fees": The Wall Street Journal today contains this article. In somewhat related news, The Rocky Mountain News today contains an article headlined "Class-action morass; Lawyers' fees exceed claims paid in suit over protein powder."
Posted at 23:52 by Howard Bashman



"Justice Barker Had More Fun As Lower Level Judge": The Chattanoogan today contains an article that begins, "Signal Mountain's Mickey Barker made it to the top of Tennessee's judiciary, but he said he had more fun as a lower-level judge."
Posted at 23:50 by Howard Bashman



"'Roe' shares her shift on abortion-rights issue; Plaintiff in landmark case now opponent": The Ann Arbor News today contains this article.
Posted at 23:48 by Howard Bashman



"Remarks by Bush, Rumsfeld may have jeopardized fair trial for troops; Commanders prejudged Abu Ghraib abuse cases": This article appears today in The Baltimore Sun.
Posted at 23:47 by Howard Bashman



"Courts face slew of 'three-strikes' cases": Claire Cooper, legal affairs writer for The Sacramento Bee, today has this article in that newspaper.
Posted at 23:46 by Howard Bashman



"Lack of protection: Long before Abu Ghraib, senior officers warned that Bush appointees in the Pentagon were undermining prisoner safeguards." This article by Joe Conason available online at Salon.com mentions Fourth Circuit nominee William James Haynes II. (Via "thus blogged anderson.")
Posted at 23:18 by Howard Bashman



"Mistreatment of Prisoners Is Called Routine in U.S." Saturday's issue of The New York Times will contain an article by Fox Butterfield that begins, "Physical and sexual abuse of prisoners, similar to what has been uncovered in Iraq, takes place in American prisons with little public knowledge or concern, according to corrections officials, inmates and human rights advocates."
Posted at 23:11 by Howard Bashman



"Do the Right Thing: Keeping the ICC out of Abu Ghraib." Phillip Carter, whose blog you can access here, today has this jurisprudence essay online at Slate.
Posted at 23:10 by Howard Bashman



"Is Bush the Law? Can the commander in chief 'detain' the constitution indefinitely all by himself?" The Village Voice this afternoon posted online this essay by Nat Hentoff.
Posted at 17:43 by Howard Bashman



"SJC denies lawmakers' motion to vacate decision on gay marriage": The Associated Press provides this report from Boston.
Posted at 17:42 by Howard Bashman



Army Times posts online the report on the Article 15-6 investigation of prisoner abuse by the 800th Military Police Brigade at Abu Ghraib Prison, Iraq: You can access the document online at this link.
Posted at 17:19 by Howard Bashman



"Divorce support formula upended; State Supreme Court says incomes can be taken into account": This article appears today in The Pittsburgh Post-Gazette.
Posted at 17:10 by Howard Bashman



"AG: Guam can't take loan." Saturday's issue of The Pacific Daily News contains this report on a case recently argued before the U.S. Court of Appeals for the Ninth Circuit.
Posted at 17:06 by Howard Bashman



The San Francisco Chronicle is reporting: In today's newspaper, Bob Egelko has articles headlined "Day care center ruled not liable for deaths" and "Death sentence upheld in killings." In other news, "Despite privacy fears, library board approves microchips to track books." And an article reports that "Angry, frightened residents gird for arrival of released serial rapist; Convict to wear tracking device -- cops offer tips to community."

Meanwhile, yesterday's newspaper contained an article headlined "Teenage voting rights proposed; Ballot would count only 1/4 or 1/2 as much as an adult's."
Posted at 16:45 by Howard Bashman



Here, khittie, part two: Today it was the Eighth Circuit's turn to grapple with khat. You can access today's ruling at this link. Of course, it was First Circuit Judge Bruce M. Selya who remarked in late October 2003 that "In this case, however, there is more than one way to skin a khat." My earlier post here contains the details.
Posted at 16:42 by Howard Bashman



Available online at law.com: An article is headlined "Calif. Justices: Random Crime Can't Lead to Tort Claim." In other news, "Trial Under Way for Tyco Ex-GC Mark Belnick." And Shannon P. Duffy reports that "Fen-Phen Lawyers Seek Halt of Payouts" and has a movie review entitled "Objection! Movie Breaks Laws of Attraction." Kinda reminds me of the time that I reviewed one of the early Police Academy movies for The Columbia Spectator.
Posted at 16:26 by Howard Bashman



The Associated Press is reporting: An article headlined "Clemency Recommended for Death Row Inmate" begins, "A state board recommended clemency for a death row inmate Friday who supporters say was denied his rights as a Mexican citizen. Gov. Brad Henry will consider the recommendation of the Oklahoma Pardon and Parole Board. Osbaldo Torres, 29, is slated to be put to death May 18 for slaying an Oklahoma City couple during a burglary in 1993. Torres is one of 51 Mexicans on death row across the country cited in a March 31 ruling by the International Court of Justice in the Hague, Netherlands. The world court found their rights were violated because they were not told they could receive help from their governments as guaranteed by the 1963 Vienna Convention."

And in other news, "Judge: Police Need Warrant to Use GPS."
Posted at 16:16 by Howard Bashman



Don't fire those cannons of statutory construction: A reader emails:
I was reading the 4th Circuit's opinion in United States v. Graham County Soil (4th Cir. April 29, 2004). I noticed that the opinion (footnote 6) refers to "cannons" of statutory construction three times. It is fairly likely that the court meant canons, not cannons.

Suspecting that the court might not want this error to appear in F.3d, I called the Clerk of Court, but was told that such comments could only be submitted by letter. I called the chambers of the authoring judge at the phone number listed on the court's website, but was told to call the Clerk of Court. I was trying to be courteous and helpful, but I am not really inclined to take the extra time to write a letter about this (especially since I am going on vacation tomorrow).

I have called the D.C. Circuit before about something similar, and was able to do it by phone. D.C. Circuit opinions have a "Notice" at the top that reads: "Users are requested to notify the Clerk of any formal errors in order that corrections may be made before the bound volumes go to press." How do other appellate courts usually handle this issue (i.e., an obvious, nonsubstantive error in a published opinion)?

If you post about this, I'm sure it would result in action by the 4th Circuit much more quickly than a letter would.
This reader's email reminds me of the time that several readers had drawn to my attention an obvious, non-substantive error in a dissenting opinion that a certain Ninth Circuit judge had issued. I had never corresponded with this judge before, but I had recently seen his email address online, so I sent him a quick email alerting him to the error. In response, the judge wrote:
Many thanx for pointing out the error--I will certainly correct it. And please thank your various readers for taking the time to point out the problem. I do get letters on occasion pointing out a mistake in an opinion, but I fear that it's far too seldom. Perhaps lawyers are timid about writing to judges pointing out errors, or perhaps it's much harder to sit down and write a letter than to send an e-mail, and most lawyers don't know where to send an e-mail in order to reach the authoring judge anyway. Perhaps a solution to this might be to have an "error box" on our web page where lawyers can point out errors in recent opinions, and do so anonymously if they prefer. One concern with this is that it's hard to draw the line between a technical, outcome neutral, error and a suggestion that goes to the substance of the opinion. Could this then become a vehicle for ex parte approaches to the panel, without giving the affected parties a chance to comment, or even know what happened?

Perhaps you and your readers can consider this issue and see if you can come up with a fair and efficient way for us to get reader feedback on a regular basis.
Consider this topic open for discussion.
Posted at 15:57 by Howard Bashman



U.S. Court of Appeals for the Second Circuit vacates permanent injunction that had prohibited Penguin Putnam from distributing "Dorothy Parker: Complete Poems." Both copyright enthusiasts and Dorothy Parker enthusiasts are likely to enjoy this decision issued today.
Posted at 15:45 by Howard Bashman



"Fallout From Abu Ghraib": The following letter to the editor appears today in The Washington Post:
By requesting that CBS delay its report on prisoner abuses at Abu Ghraib by two weeks [news story, May 4], Gen. Richard B. Myers, chairman of the Joint Chiefs of Staff, deprived the country of a full and forthright oral argument before the Supreme Court on the rights of U.S. citizens whom the government has detained as "enemy combatants."

Oral argument in those cases, Hamdi v. Rumsfeld and Padilla v. Rumsfeld, ended about noon April 28. CBS aired the report eight hours later. Had the report aired the previous week, the government's responses to certain questions at oral argument would certainly have been different. Specifically, it would have been clear what abuses could be perpetrated under the government's theory that "enemy combatants" have no rights.

As it happened, the justices asked Principal Deputy Solicitor General Paul D. Clement what in the law would check the executive branch from torturing prisoners. He responded that the government would honor its obligations under the "convention to prohibit torture and that sort of thing."

He also explained that as a practical matter torture is not the best means of extracting information from prisoners, because one "would wonder about the reliability of the information you are getting"; the "way you get the best information from individuals is that you interrogate them, you try to develop a relationship of trust. . . ." Mr. Clement said that it is "the judgment of those involved in these processes, that the last thing you want to do is torture somebody." He concluded in response to a question about checks on the executive branch's authority to engage in torture: "You have to recognize that . . . where the government is on a war footing, you have to trust the executive. . . ."

As the abuses at Abu Ghraib show, one cannot simply trust the executive branch to protect human rights under U.S. criminal law, the Constitution and the Geneva Conventions. For the sake of our security and for the protection of human rights everywhere, we believe the court should agree.

JAMES F. FITZPATRICK
Washington

The writer, a partner at the law firm Arnold & Porter, filed friend-of-the-court briefs with the Supreme Court in the Hamdi and Padilla cases on behalf of Global Rights, a Washington-based international human rights group that he chairs.
Fitzpatrick's online bio can be accessed here.
Posted at 15:41 by Howard Bashman



U.S. Court of Appeals for the Ninth Circuit grants rehearing en banc to reconsider whether law firm's failure to appeal on time constituted "excusable neglect": The court issued this order today, and you can access the now-vacated ruling of a divided three-judge panel at this link. This case is noteworthy both for the law firm involved and the manner in which the error occurred.
Posted at 13:24 by Howard Bashman



Nominee whom the American Bar Association rated as "not qualified" to serve as a U.S. District Judge on the District of Hawaii withdraws his nomination: The Honolulu Star-Bulletin on Wednesday reported that "U.S. court nominee withdraws; President Bush's pick cites his inability to get a hearing before a key Senate committee." And The Honolulu Advertiser yesterday reported that "Judicial nominee withdraws name from consideration." The ABA rating can be viewed here, and the White House's official notice of withdrawal of the nomination is here.
Posted at 13:18 by Howard Bashman



"Judge Refuses to Toss Tobacco Lawsuit": The Associated Press provides this report on rulings (accessible here, here, and here) that the U.S. District Court for the District of Columbia issued yesterday in the federal government's lawsuit against Big Tobacco.
Posted at 13:07 by Howard Bashman



"Judge says gay pair can sue Web site": In yesterday's issue of The San Francisco Chronicle, Bob Egelko had an article that begins, "A gay San Jose couple has won the first round of a legal battle with an Internet adoption agency that refused to post the two men's profiles on a Web site where they could be seen by prospective birth mothers." A reader has kindly forwarded a copy of the ruling of the U.S. District Court for the Northern District of California, and I have posted it online here.
Posted at 12:54 by Howard Bashman



"Clinton Pardons to Remain Secret for Now": Anne Gearan of The Associated Press has an article that begins, "A federal appeals court removed one barrier to release of some internal records about controversial Clinton administration pardons Friday, but the documents will remain secret for now."
Posted at 12:17 by Howard Bashman



"Clinton Pardons to Remain Secret for Now": Anne Gearan of The Associated Press has an article that begins, "A federal appeals court removed one barrier to release of some internal records about controversial Clinton administration pardons Friday, but the documents will remain secret for now."
Posted at 12:13 by Howard Bashman



Student's personal Web site causes Ohio high school to expel him: Chris Geidner provides details here at the "De Novo" blog.
Posted at 10:37 by Howard Bashman



Divided three-judge D.C. Circuit panel decides whether the Freedom of Information Act allows Judicial Watch access to Clinton Administration pardon-related documents from January 2001: Today's ruling, which you can access here, appears to represent at least a partial victory for Judicial Watch.
Posted at 10:17 by Howard Bashman



The Associated Press is reporting: Now available online are articles headlined "Nichols Jurors Hear About John Doe No. 2"; "Man Challenges Witness in Terror Case"; "Ex-State Lawmaker Reports to Prison"; "Pooh Plaintiffs Challenge Judge"; "DVD Copying Software Tries to Skirt Law"; and "Teresa Heinz Kerry Nearly Had Abortion."
Posted at 10:00 by Howard Bashman



"Defense team in terrorism trial raises questions": The Idaho Statesman today contains this article.
Posted at 07:22 by Howard Bashman



"Court rules sperm donor is not liable for children": This article appears today in The Seattle Times. You can access Tuesday's ruling of the Court of Appeals of Washington State at this link.
Posted at 07:17 by Howard Bashman



"Navy lawyer defends driver for bin Laden; Argues that client's detention in Cuba is unconstitutional": The Seattle Post-Intelligencer today contains this article.
Posted at 07:16 by Howard Bashman



"Thief may get a charge out of this; 'Swiped' credit card belongs to U.S. attorney": This article appears today in The Pittsburgh Post-Gazette.
Posted at 07:11 by Howard Bashman



In Friday's newspapers: The New York Times reports that "U.S. Lawyer Is Arrested in Madrid Bombing Inquiry." An article is headlined "Appeal by Sept. 11 Suspect." In other news, "Florida Judge Authorizes Removal of Feeding Tube." An article reports that "Opponents of Oregon Suicide Law Say Depressed Man Was Wrongly Given Drugs." In other news, "U.S. Rules Morning-After Pill Can't Be Sold Over the Counter." In local news, "Abuse Suit Focuses on a Guard Involved in Earlier Scandal." An article I somehow managed to overlook yesterday is headlined "Iraq Gets Court Aid From 2 U.S. Justices." Anthony Lewis has an op-ed entitled "A President Beyond the Law." And Ted Conover has an op-ed entitled "My Life as a Guard."

The Washington Post reports that "Ashcroft Says U.S. Can Prosecute Civilian Contractors for Prison Abuse." In other news, "Moussaoui Attorneys Seek Ruling By Full Court." An article reports that "American Held in Madrid Bombings." In other news, "Brain-Damaged Woman's Rights Were Violated, Fla. Judge Rules." An article reports that "Two Guards Disciplined at Guantanamo; Four Others Cleared, Officials Say in Detailing Allegations of Excessive Force." In regional news, "Md. High Court Reviews Intent of Ethics Laws." In business news, "Lea Fastow Sentenced to 1-Year Term" and "Money Silenced Ex-Tyco Lawyer, Prosecutor Says; Defense Calls Payment a Performance Bonus." And an editorial is entitled "Touch-Screen Tuneups."

The Christian Science Monitor reports that "New safeguards aim to save a flawed system." And an article is headlined "The move to high-tech tracking of inmates; Oklahoma and other states turn to satellite technology to free up prison beds - but do the savings outweigh risks?"
Posted at 06:33 by Howard Bashman



Thursday, May 06, 2004
"Report: Judicial election spending up." United Press International offers this news.
Posted at 17:04 by Howard Bashman



"High court to hear county cases": The Saginaw News today reports here that "The U.S. Supreme Court will hear a case involving two Saginaw convicts that will determine whether defendants are entitled to free legal representation after pleading guilty."
Posted at 16:45 by Howard Bashman



"Former law clerk accuses state judge of sex harassment": The AP provides this report from New Jersey.
Posted at 16:34 by Howard Bashman



"Governor Says Massachusetts Is No Gay Las Vegas": Reuters provides this report.
Posted at 16:30 by Howard Bashman



"Judge: SI can appeal ruling on secret sources." The AP reports here that "A federal judge cleared the way for Sports Illustrated to appeal a decision that would have forced the magazine to reveal sources used in a story about former Alabama football coach Mike Price." A reader has kindly forwarded an electronic copy of this ruling, and I might decide to upload the decision soon.
Posted at 16:28 by Howard Bashman



"Atheists hold rally against state National Day of Prayer event": The AP offers this report from Alabama.
Posted at 16:24 by Howard Bashman



"Very Funny Cat Decapitations: Is it OK to laugh when small European cars maim cute fuzzy animals? A perspective check." SFGate columnist Mark Morford yesterday had this essay (with links to the video, of course). And last month, The Washington Post reported that "Ad Let Out of the Bag; Disavowed Video Riles but Reaches Audience."
Posted at 15:34 by Howard Bashman



"Law keeping brain-damaged woman alive ruled unconstitutional": The Associated Press provides this report from Florida.
Posted at 14:58 by Howard Bashman



California daycare center escapes liability for unforeseen intentional criminal act of third-party: You can access today's ruling of the Supreme Court of California at this link. The claim at issue arose when a third-party intentionally drove his automobile through a fence at a daycare center and into a group of children, killing two children and injuring several others.
Posted at 14:04 by Howard Bashman



"We are left in the unhappy position of being required to reverse a conviction notwithstanding our knowledge that the defendant is guilty. That is the consequence of being governed by the rule of law." So concludes an opinion that a unanimous three-judge panel of the U.S. Court of Appeals for the Second Circuit issued today.

In this case, a defendant appealed from his criminal conviction on the charge of possession of ammunition by a previously convicted felon. To prove that the defendant was a convicted felon, the federal government at trial had introduced into evidence a state court record showing a 1984 New York felony conviction for a person named Aaron Jackson. Although the defendant's name is Aaron L. Jackson, the defendant contended that the federal goverment's evidence was insufficient to satisfy the burden of proving beyond a reasonable doubt that he was the Aaron Jackson convicted in 1984. In the decision issued today, the Second Circuit agreed and reversed the defendant's conviction.
Posted at 13:56 by Howard Bashman



Criminal defendant diagnosed as suffering from paranoid schizophrenia is too paranoid to stand trial on charge of threatening to assault federal officers: Circuit Judge William A. Fletcher issued this opinion today on behalf of a unanimous three-judge Ninth Circuit panel. The opinion discusses, among other things, whether the Secret Service uses electromagnetic weapons.
Posted at 13:40 by Howard Bashman



Unanimous three-judge Ninth Circuit panel affirms denial of habeas corpus in California death penalty case: The conclusion to Circuit Judge Kim McLane Wardlaw's opinion of the court states:
Evidence of Allen's guilt is overwhelming. Given the nature of his crimes, sentencing him to another life term would achieve none of the traditional purposes underlying punishment. Allen continues to pose a threat to society, indeed to those very persons who testified against him in the Fran's Market triple-murder trial here at issue, and has proven that he is beyond rehabilitation. He has shown himself more than capable of arranging murders from behind bars. If the death penalty is to serve any purpose at all, it is to prevent the very sort of murderous conduct for which Allen was convicted. Therefore, we affirm the district court's denial of Allen's petition for a writ of habeas corpus.
You can access the complete decision at this link.
Posted at 13:30 by Howard Bashman



"S.D. Court: Pardons Can't All Be Secret." The Associated Press provides this report. You can access yesterday's ruling of the Supreme Court of South Dakota at this link.
Posted at 13:25 by Howard Bashman



"Zero to Life: The injustice of white-collar sentencing rules." Henry Blodget has this jurisprudence essay online at Slate.
Posted at 13:19 by Howard Bashman



"Lea Fastow gets one year in prison": Mary Flood of The Houston Chronicle provides this news update. And The Associated Press reports that "Fastow's Wife Pleads Guilty in Enron Case."
Posted at 13:14 by Howard Bashman



On this blog's second anniversary, it's clear that "How Appealing" is "nothing but trouble": Mike O'Sullivan of the "Corp Law Blog" offers this rather humorous take on Evan Schaeffer's article entitled "What Weblogs Can Do For You" published this month in The Illinois Bar Journal.
Posted at 11:45 by Howard Bashman



"Juror in Nichols Case Has a Heart Attack": The Associated Press provides this report.
Posted at 11:34 by Howard Bashman



Chief Justice news from here and there: From Delaware, The News Journal reports today that "Steele elevated to chief justice; Senate grilled him on rental case." And from New Hampshire, The Union Leader reports that "Benson nominates Broderick for high court chief justice."
Posted at 11:11 by Howard Bashman



"Abortion ban is put on hold": The Salt Lake Tribune today contains this article. And The Deseret Morning News today reports that "Suit delays abortion ban."
Posted at 11:03 by Howard Bashman



"Court finds OCA initiative unconstitutional; An appellate ruling faulting the wording of the antigay proposal makes it doubtful it will reach the 2004 ballot": This article appears today in The Oregonian. You can access yesterday's ruling of the Court of Appeals of Oregon at this link.
Posted at 10:58 by Howard Bashman



It tastes like chicken: In news from Australia by way of South Africa, "'Accused said penis tasted like chicken.'" And in other coverage, The Australian today contains an article headlined "Cannibal claim in murder trial."
Posted at 10:40 by Howard Bashman



"Suit claims law professor was sexual predator": The Houston Chronicle today contains this report.
Posted at 10:21 by Howard Bashman



More Moore: The Birmingham News today reports that "Groups want Riley to reappoint Moore." The Montgomery Advertiser contains a related editorial entitled "Governor faces critical decision." And The Associated Press reports that "Moore says bar complaint 'ridiculous, vindictive'" and "Moore not ready to endorse Bush or Kerry for White House."
Posted at 09:40 by Howard Bashman



On the agenda: The Senate Judiciary Committee has an executive business meeting that's scheduled to begin in about ten minutes. The only judicial nominee listed on the agenda is Sixth Circuit nominee Henry W. Saad, whose surname almost perfectly captures the state of affairs pertaining to Sixth Circuit nominees from Michigan. In happier news, Eighth Circuit nominee William Duane Benton's nomination received the Judiciary Committee's stamp of approval at last week's business meeting.

Update: Late word is that today's business meeting has been postponed due to lack of a quorum.
Posted at 09:20 by Howard Bashman



"E-mailed poem praised Islamic martyrs; Prosecutors say evidence shows link to terrorism": This article appears today in The Idaho Statesman.
Posted at 07:02 by Howard Bashman



Time flies when you're glued to a computer's keyboard: Two years ago on this very date, "How Appealing" came into existence. Thanks so very much to all who have helped make this site what it is today! As of this moment, the Bravenet hit counter stands at 4,240,570.
Posted at 07:00 by Howard Bashman



In Thursday's newspapers: The Washington Post reports that "Appeals Panel Holds Hearing In Lentz Case; Actions by Prosecutor, Judge at Issue in Va." In other news, "Stewart Loses Bid for New Trial; Judge Denies Defense Motions Based on Juror's Statements." An article reports that "Time Warner Shareholder Suit Will Proceed." And in technology news, "'P2P' Firms Join Child-Porn Fight."

The New York Times reports that "Martha Stewart Is Denied New Trial by U.S. Judge." An article reports that "Third Case of H.I.V. Reported After Work With Sex-Film Actor." In business news, "Character to Be Major Issue in Tyco Trial" and "Court Hears How Adelphia Hid Problems From Banks." An article reports that "Simulated Prison in '71 Showed a Fine Line Between 'Normal' and 'Monster.'" And in other news, "A Gay Filmmaker Looks at Gay Marriage."

Finally for now, Julia Vitullo-Martin has an op-ed at OpinionJournal entitled "A Pause to Think: A jury's decision hinders the Ground Zero rebuilding plan; Maybe it's for the best."
Posted at 06:30 by Howard Bashman



Wednesday, May 05, 2004
Elsewhere in Wednesday's newspapers: The Boston Globe reports that "Gay-marriage rule eased; Romney aide says clerks have discretion on residency proof." In somewhat related news, "Gay-marriage foe files for House run; Six from GOP seek congressional seats." An article reports that "Poor held as lawyers stop taking new cases." An editorial about the death penalty is entitled "Fatal errors." And columnist Eileen McNamara has an essay entitled "Let's cross the line."

The Los Angeles Times reports that "Judge Hears Arguments on Merits of Libel Lawsuit Against Governor; Plaintiff alleges that Schwarzenegger's campaign tried to destroy her reputation." An article reports that "Defense Seeks a Ban on Terms; Bryant's lawyers do not want references to the accuser as 'victim' and Laker star as 'defendant' used at his trial." In regional news, "O.C. Jury Watches Video of Alleged Gang Rape"; "E-Voting: 1 County Sues State; Five others may follow Riverside in fighting the decertification of digital vote machines"; "Suspect Charged in Mall Threat; Tanzania citizen allegedly warned that terrorists would attack a Westside center"; and "Vietnam Camp 'Enforcer' Won't Fight Deportation." An editorial is entitled "Manzanar, Back on the Map." And columnist Dana Parsons has an essay entitled "Gang-Rape Trial Jury Must Hear and Weigh Facts of a Sordid Story."
Posted at 23:10 by Howard Bashman



Additional articles available online at law.com: In news pertaining to the U.S. Court of Appeals for the Eleventh Circuit, "Scheme Too Absurd to Be Believed? Nice Try." In news from New York, "Martha Stewart Rebuffed in Bid for a New Trial." In news from California, "Arnold Aims to Control His Image." And an article reports that "Pa. High Court Adopts Rules Allowing Multistate Practice."
Posted at 22:48 by Howard Bashman



"Senate Weighs 'Terror Support' Law": This evening's broadcast of NPR's "All Things Considered" contained this report (Real Player required).
Posted at 22:24 by Howard Bashman



"On Tour with Bob Edwards": This essay by B.R. Cohen appears online at McSweeney's Internet Tendency. Nina Totenberg and a couple of U.S. Supreme Court Justices are mentioned, along with Gaffney, South Carolina's giant peach, which is quite a sight to behold on Interstate 85. Of course, NPR worship is nothing new, right Dahlia?
Posted at 22:20 by Howard Bashman



"After Souter Assault, Justices' Security Reviewed": Tony Mauro has this very interesting report online at law.com. The article contains many quotes attributed to anonymity-seeking Court security officers. The article also mentions "one justice whose car sports a vanity license plate that a moderately intelligent person could decipher as belonging to a Supreme Court justice." Any guesses?

Update: Don't worry, I have no intention of revealing the answer here. How can you be sure of that? Well, for starters, I already know which Justice it is and what's on the license plate, and I have disclosed neither item of information.
Posted at 21:18 by Howard Bashman



The Associated Press is reporting: Now available online are articles headlined "Verdict Against Mont. Sheriff Restored"; "La. Court Delays Serial Killing Trial"; "Broader Law Sought on Terror Financing"; and "Lawyer's Request Denied on Bologna Lunch."
Posted at 20:44 by Howard Bashman



"Brown Revisited: The story of Brown holds Topeka's youth spellbound ... for two minutes." In part three of his travel series, Matthew Polly today has this essay online at Slate.
Posted at 18:55 by Howard Bashman



"Lone Wolf Ashcroft Given Rookie Partner": This article appears in the brand new issue of The Onion.
Posted at 18:50 by Howard Bashman



"The lawyers are coming": Columnist Al Knight has an op-ed in today's issue of The Denver Post that begins, "In less than two weeks, the state of Massachusetts will begin issuing marriage licenses to same-sex couples."
Posted at 17:41 by Howard Bashman



"Benson nominates Broderick as Supreme Court chief justice": In news from New Hampshire, The AP offers a report that begins, "Now that a judicial panel says he has the power to do so, Gov. Craig Benson on Wednesday nominated Justice John Broderick to be chief justice of the New Hampshire Supreme Court."
Posted at 17:39 by Howard Bashman



"Scopes Trial Site Hosts Gay Rights Fight": The Associated Press provides this report from Dayton, Tennessee. Relatedly, this past Sunday, The Tennessean contained an article headlined "Vote on gays brings Dayton new infamy."
Posted at 17:31 by Howard Bashman



"Group fighting porn -- via MRIs; It aims to prove via MRIs that porn is physically harmful": This article appears today in The Deseret Morning News.
Posted at 16:42 by Howard Bashman



"Some say Justice race most important": The Herald-Dispatch of Huntington, West Virginia today contains an article that begins, "While judicial elections usually take a backseat to a governor's race, some say the contest for the West Virginia Supreme Court of Appeals is the most important election in the state this year."
Posted at 16:41 by Howard Bashman



"McDermott's right, by God": Matt Rosenberg has this op-ed today in The Seattle Times.
Posted at 16:38 by Howard Bashman



"Texas Court Rejects Retarded Man's Appeal": The AP provides this report. Today's ruling of the Texas Court of Criminal Appeals, that State's highest court in criminal cases, is available online. The majority opinion can be accessed here, a concurring opinion here, a dissenting opinion here, and another dissenting opinion here.
Posted at 15:33 by Howard Bashman



"Souter Still a Mystery After 14 Years": Gina Holland of The Associated Press this afternoon has an article that begins:
David Souter's encounter with street thugs in Washington put him in a hospital emergency room - and newspaper headlines, which was perhaps just as unnerving for the Supreme Court's most private member.

In the 14 years since Souter arrived in the capital with his belongings in a U-Haul truck, he has shunned all perks that come with being a justice. No hobnobbing at exclusive parties, writing books or teaching in exotic locations.

He splits his time between a farm house off a dirt road in a small New Hampshire town and a tiny apartment in Washington. He drives a compact car. He eats yogurt at his desk for lunch.

In a town where nearly everyone has something to say, Souter never gives interviews and rarely is photographed.
The rest of this article is available here. And a related item is headlined "Writings of Justice David Souter."
Posted at 15:15 by Howard Bashman



The Metropolitan News-Enterprise is reporting: Today's issue contains articles headlined "Ninth Circuit Rules Grand Jury May Be Instructed It Cannot Weigh Wisdom of Criminal Laws" and "Pair of San Francisco Lawyers Ordered to Explain Why State High Court Should Not Hold Them in Contempt." And yesterday's issue reported that "Ninth Circuit Judge Trott to Take Senior Status."
Posted at 14:05 by Howard Bashman



Best wishes to Adam White: This prolific blogger and all-around good guy says goodbye to blogging. Soon he will begin clerking for a judge on a court that's been called the second most important federal court in the Nation.
Posted at 13:53 by Howard Bashman



Painkillers: The U.S. Court of Appeals for the Federal Circuit today issued a decision that reverses a federal district court's order that had declared invalid a patent covering Elan Corp.'s Naprelan product, a controlled-release naproxen sodium product marketed for the treatment of pain caused by arthritis, osteoporosis, and other inflammatory conditions. Today's ruling can be accessed here. A report on the trial court's original ruling, which today was reversed, can be accessed here.
Posted at 13:30 by Howard Bashman



"A Democratic Senate? Even if George W. Bush wins reelection, the Democrats now have a chance to recapture the Senate." Fred Barnes has this essay online today at The Weekly Standard.
Posted at 12:40 by Howard Bashman



"Judge denies new trial for Martha": The Associated Press reports here that "A federal judge Wednesday turned down Martha Stewart's motion for a second trial based on allegations that a juror lied about his arrest record on a pre-trial questionnaire." Today's two rulings of the U.S. District Court for the Southern District of New York can be accessed here and here.
Posted at 12:11 by Howard Bashman



"Judge gets reprimand for speaking to students": This article appears today in The Times-News of Twin Falls, Idaho.
Posted at 11:31 by Howard Bashman



"Will Roy Moore crack the Bush base? The 'Ten Commandments Judge' is mulling a run for president from the right. Even his conservative admirers say he probably can't damage Bush -- but they hope he doesn't try." Salon.com yesterday posted this article by Fred Clarkson.
Posted at 11:26 by Howard Bashman



New Jersey appellate court rejects name change for marijuana legalization advocate: The Gloucester County Times today reports that "Judges say no name change for 'Weedman.'"
Posted at 09:55 by Howard Bashman



"Kerry's Court: How a President Kerry would nominate." Peter N. Kirsanow, a commissioner on the U.S. Commission on Civil Rights, has this essay today at National Review Online.
Posted at 09:38 by Howard Bashman



"Feds still pushing execution for cop; Appeals court deciding fate of Davis, hit man": This article appears today in The Times-Picayune.
Posted at 09:33 by Howard Bashman



"Bill calls for pledge in schools": The Montgomery Advertiser today contains an article reporting that "A bill progressing toward final passage in the Legislature would make saying the Pledge of Allegiance a requirement in Alabama's public schools." If that is an accurate description of the legislation, I can't help but wonder how it can withstand constitutional scrutiny given the U.S. Supreme Court's ruling in West Virginia State Board of Education v. Barnette (1943).

Update: Thanks much to the reader who alerted me that the text of the legislation can be accessed here.
Posted at 09:15 by Howard Bashman



"Court may avoid immigration ruling; Utah controversy centers on search, seizure of Mexican": The Deseret Morning News today contains this article.
Posted at 07:07 by Howard Bashman



"Moore could face State Bar complaint; Former chief justice could not seek re-election without law license": This article appears today in The Mobile Register. The Montgomery Independent contains an article headlined "We can learn a lesson from the tragedy of Roy Moore." And an article headlined "Senators OK justice for state's high court" published today in The Houston Chronicle begins, "Scott Brister, who once posted the Ten Commandments in his Houston courtroom and was recently appointed to the Texas Supreme Court, drew fire from the Senate Nominations Committee on Tuesday."
Posted at 06:55 by Howard Bashman



"Other Means": Clay Risen today has an essay online at The New Republic that begins, "The drawn-out battles over Miguel Estrada, Charles Pickering, and Priscilla Owen featured marathon filibusters and partisan fusillades that brought Senate comity to a new low. With those debates now concluded, one could be forgiven for thinking that the worst of the battle over Bush judicial nominations had passed. But it hasn't. Meet Brett Kavanaugh, Bush's latest nominee to the D.C. Circuit Court."
Posted at 06:52 by Howard Bashman



"It's not race, it's equality, Connerly says; Affirmative action foe coming to Michigan to revive battle": The Detroit Free Press today contains this article.
Posted at 06:50 by Howard Bashman



"Evidence will pit Patriot Act against First Amendment; Inflammatory lecture, calls will be presented": This article appears today in The Idaho Statesman.
Posted at 06:50 by Howard Bashman



In Wednesday's newspapers: The Washington Post reports that "Mass. Residency Proof Not Required for Gay Marriage; Out-of-State Couples Can't Legally Wed There." In other news, "'Morning After' Pill Decision Awaited; Drugmaker Does Not Expect FDA Approval for Over-the-Counter Sales." An article reports that "Methodists Condemn Homosexuality." In business news, "Trials and Tabulations: Shareholders, Insurers Cover Some Executives' Legal Fees." And an editorial is entitled "Glasnost at the Court."

The New York Times reports that "Report Warns of Infiltration by Al Qaeda in U.S. Prisons." An article reports that "Lesbian Remains a Methodist Cleric, for Now." In business news, "KPMG Ordered to Disclose Data on Tax-Shelter Buyers" and "Witness Tells of Dual Accounting at Adelphia." In regional news, "Impeachment Panel Gets Down to Business"; "No Plan to Hurt 9/11 Detainees, Ex-Jailer Says"; "Damages Denied to Woman Harassed by Police"; "Judge Rules That a Convicted Molester, Now in Prison, Is Responsible for Etan Patz's Death"; and "To an Architect of Desegregation, Divided We Stand." Law Professor Mary L. Clark has an op-ed entitled "A Fresh Start at Ground Zero." And letters to the editor appear under the heading "Indecency, Free-Speech Rights and the F.C.C."

The Christian Science Monitor reports on "A state's troubled foray into electronic voting; By jettisoning its system because of reliability worries, California causes other states to reexamine voting methods." In other news, "For Wall Street, signs that the '90s are over; Federal juries hand down guilty verdicts to some of America's richest, and the public isn't flinching." And an article is headlined "The accidental arbiter; FCC Chairman Michael Powell, atop an agency built to handle bandwidth and licensing, finds himself in a pivotal role for an election year: point man in a values clash over free speech and indecency."
Posted at 06:20 by Howard Bashman



Tuesday, May 04, 2004
Elsewhere in Tuesday's newspapers: In The Los Angeles Times, David G. Savage reports that "Justices Refuse to Free Man Jailed for Calculator Theft; The Supreme Court finds no 'constitutional error' in the case of a Texas man; Dissenters criticize colleagues for ignoring 'simple justice.'" An article reports that "Georgia's Supreme Court Reverses 10-Year Sentence; Marcus Dixon's case drew national attention after the 18-year-old football star was found guilty of having sex with a 15-year-old girl." In business news, "Star Silicon Valley Banker Convicted of Obstruction; The case hinged on a two-line e-mail backing the destruction of files during a stock probe." In regional news, "Trial Opens in Alleged Rape; The girl, who appears to be unconscious in a videotape, is a manipulator not a victim, according to defendants' attorneys"; "Trial May Hinge on Alleged Rape Victim's Actions; Prosecutor blames the UCLA student's delay in reporting attack on trauma; The three defendants' attorneys say sex was consensual"; "Some Counties Might Sue Over E-Voting Orders; The secretary of state's paper-ballot requirement and other rules for using electronic systems are too difficult and costly, several registrars say"; "Author Is Convicted in Tax Scheme; Four associates are also found guilty; Woman wrote about how to keep from paying IRS and promoted the sale of bogus trusts"; and "Suit Aims to Keep Prison Probe Records From Union." Crispin Sartwell has an op-ed entitled "A Plague Is on the Land -- All Michael, All the Time." And letters to the editor appear under the heading "Computer Trouble in the Voting Booth."

In USA Today, Joan Biskupic reports that "Supreme Court rejects ruling on wrongly sentenced man; Judges sometimes 'forget about justice,' dissenters say." And an article reports that "Cracker Barrel settles bias suit; Restaurants add prevention policy."

The Boston Globe reports that "DAs rap governor's death penalty plan." In related news, "Governor trying to sway legislators." In other news, "Finneran lobs a preemptive strike; Top lawyer assails case for perjury" and "Lawyer for speaker has bulldog reputation." An article reports that "More clerks plan to ignore marriage-form residency rule." In other local news, "Trash or strippers? Town waits for rulings; Family has sought both in N. Andover squabble." And an op-ed by Jarrett T. Barrios is entitled "Assault weapons must be banned -- again."
Posted at 23:30 by Howard Bashman



"Trial lawyers court GOP; ATLA is looking to shed its image as a Dem partisan": This article will appear in Wednesday's edition of The Hill.
Posted at 23:11 by Howard Bashman



"Brown Revisited: An East Topeka neighborhood becomes a photo-op backdrop." In part two of his travel series, Matthew Polly today has this essay online at Slate.
Posted at 23:10 by Howard Bashman



"Being Ruben Bolling: An alter ego and a day job let Ken Fisher draw comics precisely as he pleases." This article appears today in The Chicago Tribune, which describes the author of the "Tom the Dancing Bug" comic strip as a 41-year-old "Harvard Law School grad who works at a financial service company." The article goes on to mention that the cartoon has portrayed "Supreme Court Justice Antonin Scalia as a motorcycle-riding vigilante thwarting gay rights activists and environmentalists in 'The Bareknuckle Justice of Judge Scalia.'" I first mentioned that installment of the comic strip here in October 2002. My current favorite animated instance of Justice Scalia is, of course, this clip (Real Player required) from "Harvey Birdman, Attorney at Law."
Posted at 23:01 by Howard Bashman



"In sum, under the majority's rationale, nearly every time that a convicted criminal defendant asserts that he was induced to plead guilty by an oral promise from the prosecutor, he will be entitled to an evidentiary hearing, even if his allegations conflict with the unambiguous terms of his written plea agreement and his sworn statements made during a Rule 11 plea colloquy." So begins the final paragraph of a dissent that Fourth Circuit Judge Karen J. Williams issued today to a three-judge panel's ruling that you can access here.
Posted at 22:44 by Howard Bashman



"As a matter of first impression in the federal circuit courts, we must determine whether a defendant who arranges to have sex with a minor through communications with an adult intermediary, by means of interstate commerce, violates section 2422(b)." The U.S. Court of Appeals for the Eleventh Circuit today issued this ruling. The text of the statute in question can be viewed at this link.
Posted at 22:38 by Howard Bashman



"Biblically-based mediation" fails to offer perfect justice in this world: A divided three-judge panel of the U.S. Court of Appeals for the Fifth Circuit issued this decision today.
Posted at 22:30 by Howard Bashman



In today's issue of The Atlanta Journal-Constitution: An article reports that "Court finds sex crime laws too vague; Justice calls for action by legislature." An editorial is entitled "Dixon, legislators still face crime, punishment issues." And columnist Jim Wooten has an op-ed entitled "Court majority ignores law's intent."
Posted at 22:25 by Howard Bashman



The Associated Press is reporting: Now available online are articles headlined "Jury Selection Begins in Terror Trial"; "Prosecutors Link Student, Sheik Comments"; "AP: Prisons Lax on Muslim Chaplain Checks"; "KPMG Told to Name Tax Shelter Investors"; and "Kan. Lawmakers Reject Gay Marriage Ban."
Posted at 22:20 by Howard Bashman



In news from Seattle: The Seattle Post-Intelligencer today contains articles headlined "Ex-partner can seek parental rights; Ruling could have a wide impact on gay custody cases" and "Legal bills mount in Everett." And The Seattle Times reports that "Visitation rights can be sought by ex-partner."
Posted at 22:00 by Howard Bashman



"Peterson lawyer files request to move trial; Geragos says 45% of jury pool calls his client guilty": This article appears today in The San Francisco Chronicle.
Posted at 17:36 by Howard Bashman



In news from Utah: The Salt Lake Tribune today reports that "Federal court lawsuit tests Utah abortion law" and "Court boots ACLU's plaza suit." And The Deseret Morning News today reports that "Utah sued over abortion; Groups say health exceptions to law don't go far enough" and "Plaza suit is dismissed; Federal judge rejects ACLU's conspiracy claims."
Posted at 17:33 by Howard Bashman



The Philadelphia Inquirer reports on itself: Today's newspaper reports that "Judge sets guidelines on Inquirer suit retrial; A Pa. Supreme Court justice's estate still has one libel issue stemming from a 1983 series." And a news update begins, "A New Jersey appeals court has reversed civil contempt rulings against four Inquirer reporters who wrote about discharged jurors following Rabbi Fred Neulander's first murder trial."
Posted at 17:26 by Howard Bashman



"Judge in commandments case chastises courts": This article appears today in The Virginian-Pilot. And The Montgomery Advertiser today contains an editorial entitled "Moore's defeat well deserved."
Posted at 17:18 by Howard Bashman



"Michigan tries to save visitation rights; Grandparents fight to see kids": The Detroit News today contains this article.
Posted at 17:14 by Howard Bashman



"TVA wins appeal vs. EPA; Cleanup orders can be ignored": This article appears today in The Atlanta Journal-Constitution.
Posted at 16:45 by Howard Bashman



"Scalia no stranger to Cheney's corner": Law Professor Monroe H. Freedman has this op-ed in today's issue of Newsday.
Posted at 16:44 by Howard Bashman



"Court Cans Cop Cussing Case": CBS News provides this report.
Posted at 16:38 by Howard Bashman



"Donnelley case alive after high court ruling; Discrimination fight dates to '93": This article appears today in The Chicago Tribune.
Posted at 16:35 by Howard Bashman



"Douglas sworn in to state's high court; Governor lauds first black justice in history of Nevada": The Las Vegas Review-Journal today contains this article.
Posted at 16:28 by Howard Bashman



"Supreme Court restores woman's murder conviction": This article appears today in The San Diego Union-Tribune.
Posted at 16:20 by Howard Bashman



"Xtreme Measures: Washington?s new crackdown on pornography." G. Beato has this article in the May 2004 issue of Reason.
Posted at 15:56 by Howard Bashman



Available online from National Public Radio: Today's broadcast of "Day to Day" contained a segment entitled "Slate's Explainer: Protecting Supreme Court Justices."

And today's broadcast of "Morning Edition" included a segment entitled "Quattrone to Appeal Obstruction Conviction."
Posted at 15:15 by Howard Bashman



Ninth Circuit Judge Alex Kozinski argues in favor of grand jury nullification: Should a grand jury be able to consider the wisdom of criminal laws in determining whether to indict that ham sandwich? Today, in dissenting from a decision of a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit, Circuit Judge Alex Kozinski writes that he would answer that question in the affirmative. You can access today's complete decision here and Judge Kozinski's dissenting opinion here.
Posted at 14:45 by Howard Bashman



More later: Work requires my presence for much of the day at my local U.S. Court of Appeals.
Posted at 07:05 by Howard Bashman



"Marcus Dixon freed; Teen's 10-year sentence for sexual encounter at school reversed by court": This article appears today in The Atlanta Journal-Constitution.
Posted at 07:00 by Howard Bashman



"A Court Divided: Arguments for Splitting the 9th Circuit." Ninth Circuit Judge Andrew J. Kleinfeld, the only judge on that court who currently resides in Alaska, is scheduled to speak on this topic today at 5 p.m. on the campus of the Harvard Law School at an event hosted by the Harvard Law School Federalist Society. You can learn much more about Judge Kleinfeld, his views on splitting the Ninth Circuit, and life in Alaska in his "20 questions for the appellate judge" interview published exactly one year ago tomorrow.
Posted at 06:59 by Howard Bashman



"Borrowing case heads to court": Today's issue of The Pacific Daily News of Guam contains this preview of a case to be argued in the U.S. Court of Appeals for the Ninth Circuit on Thursday.
Posted at 06:54 by Howard Bashman



The Idaho Statesman is reporting: Today's newspaper contains articles headlined "Idaho justices quiz lawyers for mom, gay dad; Case could set precedent for similar disputes" and "Net firms testify in former U of I student's terrorism trial; Defense lawyers insist suspect not to blame for sites."
Posted at 06:53 by Howard Bashman



In Tuesday's newspapers: In The New York Times, Neil A. Lewis reports that "Military Defenders for Detainees Put Tribunals on Trial." An article reports that "Child Molesting Conviction Overturned in Georgia Classmate Case." In other news, "Court Rulings on Emissions Sharply Split Two Groups." In regional news, "As Attacker Is Sentenced, Victim Vents Disgust and Is Ejected" and "U.S. Jury Limits Payout of Trade Center's Biggest Insurer." An article is headlined "Repaving the Long Road Out of Prison." And in business news, "Wall St. Banker Is Found Guilty of Obstruction"; "On Wall Street Today, a Break From the Past"; and "Cracker Barrel Agrees to Plan to Address Reports of Bias."

The Washington Post reports that "Banker's 2nd Trial Ends With Conviction; Jury Says Quattrone Obstructed Probes." In other news, "Cracker Barrel, Government Settle Discrimination Suit." And a letter to the editor appears under the heading "The Benefits of Prayer."
Posted at 06:15 by Howard Bashman



Monday, May 03, 2004
Elsewhere in Monday's newspapers: In USA Today, Joan Biskupic reports that "Attack on Souter shows justices' minimal security." And in other news, "New turn in Jackson abuse case; Conspiracy charge draws in former aides."

The Boston Globe reports that "Panel offers death penalty plan; State would use standard of 'no doubt.'" And in other news, "Cambridge in the fore on gay marriage."

The Los Angeles Times reports that "Microsoft Deal Response Weak; Only 4.2% of the California companies and residents eligible for a share of the $1.1-billion settlement have submitted claim forms." An editorial is entitled "Don't Sink 'Law of the Sea.'" Law Professor Jonathan Turley has an op-ed entitled "A Peddler of Court Gossip May Pay the Piper." Columnist George Skelton's "Capitol Journal" essay is entitled "A 'Spectacular' Leader's Grievous Flaw." And letters to the editor appear under the headings "Place Bush Under White House Arrest" and "Redlands Removes Cross From Its City Seal."

Finally, The Washington Times contains an op-ed entitled "A surprise for Sen. Hatch" by Nat Hentoff.
Posted at 23:40 by Howard Bashman



"Is Being a Webmaster for Controversial Islamic Websites A Crime? A USA Patriot Act Prosecution Raises the Issue": Law Professor Anita Ramasastry has this essay online today at FindLaw.
Posted at 23:37 by Howard Bashman



Sasha Volokh gets engaged and ceases to exist: Congrats to Sasha and Hanah for getting engaged. I of course claim full responsibility for this happy news.

In other news, Sasha must cease blogging because his judicial clerkship is about to begin. Also, his unpublished blog posts can no longer be cited unless relevant under the law of the case doctrine or to seek rehearing en banc.

N.B.: If the permalinks to "The Volokh Conspiracy" aren't currently working, simply click here and try to find the posts that seem most relevant for present purposes.
Posted at 23:34 by Howard Bashman



Can't blame this on Dahlia Lithwick: The blog "Wizbang!" offers to confer "The Poor Timing Award" on my friend from Slate for this recent effort. But, it must be noted, all press reports indicate that Justice David H. Souter wasn't out walking the streets of D.C. when the assault occurred; rather, he was jogging. Even more relevant, of course, is the fact that the attackers apparently had no idea who their victim was.
Posted at 23:24 by Howard Bashman



Available online at law.com: Jonathan Ringel reports that "Dixon Case May Spur Change in Teen Sex Law; Ga. high court reverses football star's aggravated child molestation conviction." In news from Pennsylvania, "Arlen Specter or His Opponent? Trial Lawyers Like Both." An article reports that "Texas High Court Upholds Ultimate Sanction in Legal Malpractice Suit." And in news from New York, "Silverstein Loses Biggest Verdict."
Posted at 23:02 by Howard Bashman



"Who Protects David Souter? Do Supreme Court justices have bodyguards?" Slate's "explainer" offers this answer.
Posted at 19:40 by Howard Bashman



Available online from law.com: In news from California, "Divorced Parents Must Consider Ex if Moving Away." In news from Texas, "Record-Setting $1 Billion Verdict Returned in Fen-Phen Suit." An article reports that "Telecommuter From Tennessee Found Subject to New York Tax." And an article is headlined "Disconnected: Lawyers and the public learn to live without cell phones in the courthouse."
Posted at 19:11 by Howard Bashman



On this evening's broadcast of NPR's "All Things Considered": This evening's broadcast contained segments entitled "Ga. Court Overturns Student's 10-year Sentence"; "Mass. Governor Calls for Death Penalty"; and "Quattrone Found Guilty of Obstruction."
Posted at 19:05 by Howard Bashman



"Crime victims' rights law riddled with pitfalls": Law Professor Richard W. Garnett has this op-ed today in The Chicago Sun-Times.
Posted at 19:00 by Howard Bashman



Gay lawyers attempting to view nudity cause barge to overturn: This report from The Associated Press combines so many of the different topics that this blog regularly covers that I have no choice but to link to it. One can only imagine the creative liability theories that these lawyers are in the process of formulating.

Update: Like the barge that overturned, this post as originally written wasn't quite on the level. In the context of the article, the "gay and lesbian bar association" probably isn't a lawyers' group, but rather a tavern owners' group.
Posted at 18:01 by Howard Bashman



Underwhelmed by this month's installment of "20 questions for the appellate judge": Several readers have expressed their disappointment (see here and here for two readily linkable examples) at the responses that this month's installment of "20 questions for the appellate judge" -- published here at midnight this morning -- elicited from the interviewee, Missouri Supreme Court Judge Richard B. Teitelman.

Judge Teitelman's responses arrived on Friday, April 23, 2004, one week before the due date. When I first reviewed the answers, I too was disappointed by how terse so many of the answers were. As a result, last week I spoke by telephone first with Judge Teitelman's assistant and then with Judge Teitelman directly to make sure that he really wished to participate in the interview feature and that he was aware that all of the prior participants have had significantly more to say in response to the questions than he did. Judge Teitelman responded that he did want to participate and that he was satisfied with his answers as they were. I did not then and do not now think that it would have been appropriate for me to reject an interviewee because I was dissatisfied with the amount of effort or interest that his or her answers seemed to reflect.

One less than fulfilling interview in sixteen months is not a bad batting average, although it is worse than I would have preferred. Nevertheless, I have little doubt that next month's interview, with California Court of Appeals Justice William W. Bedsworth, will return the feature back to normal, and perhaps cause it to reach new heights.
Posted at 17:41 by Howard Bashman



"Osama Aide Gets 32 Years in Guard Maiming": The Associated Press provides this report from New York City.
Posted at 17:30 by Howard Bashman



On today's broadcast of NPR's "Day to Day": Today's broadcast included a segment entitled "Balancing Security, Civil Liberties in War on Terror," which consists of an interview with Michael Ignatieff, whose fascinating cover story in yesterday's issue of The New York Times Magazine focused on that subject. Today's broadcast also included a segment entitled "Partisan Rhetoric Heats Up on Capitol Hill."
Posted at 16:45 by Howard Bashman



"Brown Revisited: Topeka's separate but unequaled tourist attractions." Matthew Polly today has this essay online at Slate.

The Brown v. Board of Education National Historic Site in Topeka, Kansas will have its grand opening on May 17, 2004, the 50th anniversary of the day on which the U.S. Supreme Court issued its ruling in that case.
Posted at 16:30 by Howard Bashman



"Supreme Court Splits Over Long Sentence": Gina Holland of The Associated Press provides this report.
Posted at 14:49 by Howard Bashman



The Associated Press is reporting: Now available online are articles headlined "Supreme Court Dismisses Case on Jury Bias"; "New Okla. City Federal Building Dedicated"; and "ACLU Sues on Behalf of G-8 Protesters."
Posted at 14:14 by Howard Bashman



DRI's Appellate Advocacy Committee has a useful collection of articles in the April 2004 issue of For The Defense magazine: With DRI's permission, I have posted the articles online in a PDF file that you can access here. Attorney Carter G. Phillips has an article headlined "Petitioning the Supreme Court for Certiorari." Eleventh Circuit Judge Gerald Bard Tjoflat has an article headlined "Assessing Expert Testimony Rulings on Appeal." And attorneys Theodore J. Boutrous, Jr. and Thomas H. Dupree, Jr. have an article headlined "After State Farm v. Campbell: Attacking Punitive Damages on Appeal." The rest of the articles are certainly worth a look too.
Posted at 14:00 by Howard Bashman



"Confidential or Criminal? It's the content of the documents that counts." Manuel A. Miranda has this memogate-related essay today at National Review Online.
Posted at 13:47 by Howard Bashman



Ninth Circuit holds that federal government lacks the power to detain indefinitely aliens subject to removal whose mental illness makes them especially dangerous to the community and who have no prospect of being deported: You can access today's unanimous ruling of a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 13:30 by Howard Bashman



By the time Thanksgiving arrives, this disagreement between two brothers likely will have faded from memory: Today a divided three-judge panel of the U.S. Court of Appeals for the Eighth Circuit issued a decision in which the majority opinion begins:
In Missouri, physically disabled people who pay a $2.00 annual fee to the state revenue department may obtain permanent removable windshield placards authorizing them to use reserved accessible parking spaces. The plaintiffs, a class of all who have purchased, or will purchase, such placards, sought a declaration that the charge of a fee for the placards violates Title II of the Americans With Disabilities Act ***.
The majority concludes, in an opinion written by Circuit Judge Morris Sheppard Arnold, that "the application of Title II to the facts of this case would be unconstitutional under the commerce clause." Senior Circuit Judge Richard S. Arnold, the older brother of the majority opinion's author, dissents in an opinion that begins, "With respect, I disagree with the Court's conclusion that Congress lacks power under the Commerce Clause to prohibit Missouri's imposition of a $2.00 fee for disabled-parking placards."
Posted at 12:01 by Howard Bashman



"Injured Justice on Bench After Assault": The Associated Press offers an article that begins, "Supreme Court Justice David H. Souter was back on the high court bench Monday following a weekend attack while jogging in Washington. Souter had no visible bandages, but above his robe, his neck appeared to be bruised. Court spokeswoman Kathy Arberg said the justice, a member of the court since 1990, would not discuss the attack or his injuries." So far, the attack has not been linked to those who wish to see U.S. Supreme Court proceedings televised (details in second to last paragraph here). This of course was not the first random act of violence to befall a U.S. Supreme Court Justice during the past year.
Posted at 11:10 by Howard Bashman



"What Weblogs Can Do For You": Evan Schaeffer, author of the blog "Notes from the (Legal) Underground," has this article in the May 2004 issue of The Illinois Bar Journal.
Posted at 10:58 by Howard Bashman



Today's U.S. Supreme Court opinions and Order List: The Supreme Court of the United States today issued rulings in four argued cases.

1. Justice Ruth Bader Ginsburg delivered the opinion in Scarborough v. Principi, No. 02-1657, and the judgment under review was reversed and the case remanded. You can access the syllabus here, Justice Ginsburg's opinion for the Court here, Justice Clarence Thomas's dissenting opinion (in which Justice Antonin Scalia joined) here, and the oral argument transcript here.

2. Justice Sandra Day O'Connor delivered the opinion in Dretke v. Haley, No. 02-1824, and the judgment under review was vacated and the case remanded. You can access the syllabus here, Justice O'Connor's opinion for the Court here, the dissenting opinion of Justice John Paul Stevens (in which Justices Anthony M. Kennedy and David H. Souter joined) here, the dissenting opinion of Justice Kennedy here, and the oral argument transcript here.

3. Justice Stevens delivered the opinion for a unanimous Court in Jones v. R.R. Donnelley & Sons Co., No. 02-1205, and the judgment under review was reversed and the case remanded. You can access the syllabus here, Justice Stevens' opinion here, and the oral argument transcript here.

4. Finally, in Johnson v. California, No. 03-6539, the Court issued a per curiam dismissal for lack of jurisdiction. You can access the opinion here and the oral argument transcript here.

The Court also issued a unanimous per curiam summary reversal of a decision from the Ninth Circuit.

Today's Order List can be accessed at this link. The Court granted certiorari in zero cases today, and the Court called for the views of the Solicitor General on one case.

In early press coverage of today's developments at the Court, Gina Holland of The Associated Press reports that "Court Won't Consider Police Cussing Case" and "Court Won't Hear EPA Pollution Dispute." In other news, "Court Reinstates Wife's Murder Conviction" and "Court Won't Hear Ozzy Osbourne Dispute."
Posted at 10:00 by Howard Bashman



Justice Antonin Scalia has cameo on "Harvey Birdman, Attorney at Law": Jonathan Skrmetti has the details here, at the "Ex Parte" blog. I haven't yet watched -- although I did record -- last night's episode. This development came too late to be included in Adam Liptak's very interesting profile of Justice Scalia published on the front page of yesterday's issue of The New York Times. I told you that this TV show was worth watching (see here and here). You can view a clip that includes Justice Scalia's animated cameo from last night's episode at this link (Real Player required).
Posted at 09:56 by Howard Bashman



"Attorney was in on landmark opinion; Earl Pollock helped craft segregation decision": The Sarasota Herald-Tribune today contains this article. As I previously noted here, Pollock was also the subject of an article headlined "Law clerks recount drama of desegregation ruling" that The Buffalo News published last week.
Posted at 09:45 by Howard Bashman



"Followers of Peterson trial are hard-core": This article appears today in The Oakland Tribune.
Posted at 09:44 by Howard Bashman



"Panel that picks judges awaits Carcieri to fill a six-month vacancy": The Providence Journal today contains this article.
Posted at 09:43 by Howard Bashman



"ID ordinance's future hinges on high court": This article appears today in The Salt Lake Tribune.
Posted at 09:41 by Howard Bashman



"Senate Score-Settling": The New York Post today contains this editorial about the recent Senate Judiciary Committee confirmation hearing for D.C. Circuit nominee Brett M. Kavanaugh.

C-SPAN has made available at this link streaming video of last week's confirmation hearing for Kavanaugh, but the video will only remain available for another nine days.
Posted at 09:39 by Howard Bashman



Today is the 50th anniversary of the U.S. Supreme Court's ruling in Hernandez v. Texas: The Deseret Morning News today reports that "Anti-bias ruling hailed; Little-known 1954 case was milestone for Latino rights." And The Salt Lake Tribune reports that "Pivotal Latino equality ruling celebrated today."
Posted at 09:30 by Howard Bashman



BREAKING NEWS -- "Ga. Court Overturns Black Teen's Sentence": The Associated Press provides this report. You can access today's 4-3 ruling of the Supreme Court of Georgia at this link.
Posted at 09:25 by Howard Bashman



"Idaho gay dad gets day in court today; Justices will hear arguments in custody dispute": This article appears today in The Idaho Statesman.

In somewhat related news, The Philadelphia Inquirer today reports that "Same-sex couples welcome new law; Starting July 1, gay partners in N.J. will have more rights; Still, activists say they will not give up the fight for legal marriage."
Posted at 09:16 by Howard Bashman



"The Fragility Of Our Freedoms In A Time Of Terror": Stuart Taylor Jr. has this essay today in National Journal.
Posted at 09:00 by Howard Bashman



On the agenda: The Supreme Court of the United States is scheduled to issue one or more opinions in argued cases at 10 a.m. eastern time today. The Court will then embark on its final two-week recess of the Term, after which it will be back to issue more opinions each week through the end of June. The Court's calendar can be viewed at this link.
Posted at 07:00 by Howard Bashman



In other news from Alabama: The Birmingham News reports today that "State high court eyes changes to habitual offender law" and "Candidate claims Moore sole issue." And The Mobile Register reports today that "Judge flips coin in divorce dispute."
Posted at 06:51 by Howard Bashman



When "life" doesn't always mean "life": The Montgomery Advertiser today contains an article headlined "Pryor gets new job, life on bench." In this instance, "life" means a period of less than two years.
Posted at 06:47 by Howard Bashman



"Microsoft still has not paid former temps; Despite reaching a settlement in 2000 over benefits, contract workers have yet to see any money": This article appears today in The Seattle Post-Intelligencer.
Posted at 06:45 by Howard Bashman



In Monday's newspapers: The New York Times reports that "Secret Warrant Requests Increased in 2003." In news from Boston, "State Panel Suggests Death Penalty Safeguards." An article reports that "With Longer Sentences, Cost of Fighting Crime Is Higher." An article is headlined "Who Hacked the Voting System? The Teacher." In business news, "Filing Says Bogus Tax Shelters Sold to 1,100." In local news, "2 Men Charge Abuse in Arrests After 9/11 Terror Attack." Adam Cohen has an "Editorial Observer" essay entitled "Fighting for Free Speech Means Fighting for ... Howard Stern." And letters to the editor appear under the heading "Still Illegal After All These Years."

The Washington Post reports that "Kosher Meat Plant Sets Off Iowa Feud; Some Fear Release of Salt Water Into River." And in other news, "At Expo, Few Disagreements on Gay Marriage; Wedding Planners Foresee Expanded Market in Mass."

Finally for now, The Christian Science Monitor contains an editorial entitled "Gerry-meandering."
Posted at 06:20 by Howard Bashman



"Stevens Brings a Historical Perspective to Detainees' Case": Charles Lane has this article in today's issue of The Washington Post.
Posted at 00:15 by Howard Bashman



20 Questions for Judge Richard B. Teitelman of the Supreme Court of Missouri: "How Appealing" is pleased that Judge Richard B. Teitelman of the Supreme Court of Missouri has agreed to participate in this Web log's recurring monthly feature, "20 Questions for the Appellate Judge."

Judge Teitelman was born in Philadelphia, Pennsylvania. He earned his bachelor's degree in mathematics from the University of Pennsylvania in 1969 and his law degree from Washington University in St. Louis in 1973. He worked as a solo practitioner until 1975, when he joined Legal Services of Eastern Missouri -- an organization that seeks to assist individuals who cannot afford to hire lawyers in civil matters -- where he worked for 23 years, including 18 as executive director and general counsel. While at Legal Services, Teitelman received The Missouri Bar President's Award and the American Bar Association's Make a Difference Award.

In 1998, Governor Mel Carnahan appointed Teitelman to the Missouri Court of Appeals, where Judge Teitelman served until February of 2002. In February 2002, Governor Bob Holden appointed Judge Teitelman to the Supreme Court of Missouri. Judge Teitelman is the first legally blind judge to serve on Missouri's highest court, and also the first Jewish judge to serve on that court. In addition to his judicial responsibilities, he currently serves as chair of the American Bar Association's Commission on Mental and Physical Disabilities Law and as an executive member of the American Judicature Society. The Washington University School of Law has awarded to Judge Teitelman the Distinguished Alumni Award, and he currently serves as jurist-in-residence at that law school.

Judge Teitelman's chambers are located in St. Louis, Missouri, and the Supreme Court of Missouri has its headquarters in Jefferson City, Missouri.

Questions appear below in italics, and Judge Teitelman's responses follow in plain text.

1. What caused you, first, to want to become a lawyer and, later, to decide to join the judiciary, and how were you able to overcome the obstacles, if any, that your disability presented on your career path? In particular, the job of an appellate judge is said to involve endless reading. How does someone who is legally blind manage to accomplish that?

I became a lawyer so that I could help poor people with their problems. I became a judge to try be just and fair on the judiciary.

With respect to overcoming obstacles due to being legally blind, I have a compensation -- a very good memory. My law clerks read briefs and other materials to me, and I remember most of what they read to me.

2. As someone who has attained a position of great distinction in the legal profession, and as an advocate for people with disabilities, what changes if any do you believe are necessary in the law, the culture of the legal profession, or society in general to enable more people with disabilities to become, and succeed as, lawyers and judges?

I believe our society is far better off when everyone is given the opportunity to reach their potential regardless of their challenges due to disabilities. For example, except for flying a plane or driving a car, blind people can do almost anything else sighted people can and should not be denied opportunities.

3. Is it your understanding that lawyers with disabilities are more likely to work for the government or non-profit organizations than they are to join a large law firm, and if so why is that the case? Also, what, if anything, can and should be done to make the private practice of law at a large firm a more viable option for people with disabilities?

True, most lawyers with disabilities work for government or non-profit organizations. To address this dilemma we need to do a better job educating private employers on our abilities. Knowledge can overcome prejudice.

4. Some state and federal courts have appointed task forces to investigate the subjects of racial and gender bias within the judicial system. Have any judicial systems, to your knowledge, performed any similar investigations with respect to physical or mental disabilities, and do you think that such a task force would be worthwhile in Missouri?

Yes. Missouri does have a task force created by then Chief Justice Limbaugh. It has already made court documents such as subpoenas and jury summons more accessible to people with disabilities. We have also worked with some courts to make their facilities and services accessible. The work of this task force is ongoing.

5. Is the Missouri state court system able to accommodate jurors who are blind or deaf? And what was your reaction to the story of James Moynihan of Kansas City, Missouri, who showed up for jury duty and was told that he was excused because he was blind? His story has a happy ending, but others in that situation may not have been as knowledgeable of and insistent on exercising their rights.

With respect to accommodating blind and deaf jurors, we must do our best to accommodate the ability of citizens to perform, when possible, their constitutional duties to serve as jurors.

6. Under current federal equal protection jurisprudence, discrimination on the basis of disability is lawful if it satisfies the rational basis test, which is the least stringent standard of scrutiny, while classifications based on race and gender are more likely to be found unlawful because they are evaluated under more stringent standards. The laxity with which disability-based distinctions are evaluated may have been crucial to the U.S. Supreme Court's ruling in Board of Trustees of University of Alabama v. Garrett that the U.S. Congress lacked the power to apply the Americans with Disabilities Act to state employees. Do you find the current difference in strictness of scrutiny applicable to disability, on the one hand, and race and gender, on the other hand, to be sensible, and why or why not?

Since this question may come before me at some point, I must refrain from commenting on it.

7. What are your most favorite and least favorite aspects of serving as a Judge on the Supreme Court of Missouri?

I enjoy the opportunity to serve the Court.

8. Identify the one federal or state court judge, living or dead, whom you admire the most and explain why.

The Honorable A. Leon Higginbotham, Jr. Judge Higginbotham was a highly respected African-American judge on the United States Court of Appeals for the Third Circuit. He treated everyone with dignity and respect.

9. Missouri is not the only State that uses the title of "Judge," rather than "Justice," for those who serve on the State's highest court. But on the New York Court of Appeals, the presiding jurist is known as "Chief Judge," while on your court, everyone is known as "Judge" except for the "Chief Justice." What is the history of your court's system of titles, and what sense, if any, does it make for a court to consist of six Judges and one Chief Justice?

There is really no significance to whether we are called "judges" or "justices." We are all here to serve the public fairly.

10. Before you joined the Supreme Court of Missouri, one of your current colleagues on that court -- Chief Justice Ronnie L. White -- accepted a nomination from President Bill Clinton to become a U.S. District Judge in Missouri. And another of your current colleagues, Judge Duane Benton, recently accepted President George W. Bush's nomination to serve on the U.S. Court of Appeals for the Eighth Circuit. The U.S. Senate rejected then-Judge White's nomination, and U.S. Senate action on Judge Benton's nomination has been delayed due to partisan squabbling not targeted at him. Why has your court become such a popular source for federal judicial nominees, and do you have any interest in joining the federal bench? Also, perhaps you could explain why someone would agree to leave a judgeship on Missouri's highest court to become a federal trial court judge?

Both Chief Justice White and Judge Benton are bright and well-qualified judges who have served on the Supreme Court of Missouri with distinction and would honor the federal courts with their service. I am also privileged to serve the people of Missouri as a judge on the Supreme Court.

11. Judges are selected to serve on the appellate courts of Missouri through what is known as the "Nonpartisan Selection of Judges Court Plan." A commission nominates three candidates for an appellate court vacancy, and the Governor must then select one of those candidates for the position. After the judge has served in office for one year, he or she is the subject of a retention election. Being retained in office allows the judge to serve a complete twelve-year term, after which the judge must stand for retention again. There is no limit to time in office other than a mandatory retirement age of 70. Although the selection process may be nonpartisan in design, the Supreme Court of Missouri currently consists of four individuals selected by Democratic Governors and three individuals selected by Republican Governors, and the court is often divided 4-3 along party lines in high-profile cases. Is Missouri's approach toward selecting judges better than the federal method or the method whereby appellate judges run for election to attain office? Are you surprised that a nonpartisan system has produced a seemingly partisan division among the judges on the court? And wouldn't it make more sense to hold the initial retention election somewhat later, to give an appellate judge the opportunity to develop an adequate track-record on which to be judged by the voters?

Actually, approximately 98.5% of the decisions of the Supreme Court of Missouri are unanimous. All the judges who sit on our Court are nonpartisan and exercise their independent judgment on cases.

To clarify a point, retention occurs only after a judge has served at least one year on the bench, at the next general election following one year of service. In my case, I was appointed February 27, 2002 and will be on the ballot for retention on November 2, 2004, over two-and-a-half years after appointment.

12. In 1989, the Supreme Court of the United States ruled in Stanford v. Kentucky that the Eighth Amendment's prohibition on cruel and unusual punishment did not prevent those who commit murder at the age of sixteen or seventeen from receiving the death penalty. In recent years, lower courts have refused to depart from that ruling, and the U.S. Supreme Court has turned down several requests from those who committed murder at the age of sixteen or seventeen to reconsider the Stanford decision. Last year, however, the Supreme Court of Missouri, in a 4-3 ruling in which you joined in the majority, held that imposing a sentence of death on someone who committed a murder at the age of 17 constituted cruel and unusual punishment. The U.S. Supreme Court in January 2004 agreed to review your court's ruling in that case, and thus your court has managed to force the U.S. Supreme Court's hand to reconsider the constitutionality of the so-called juvenile death penalty. Was forcing the U.S. Supreme Court to reexamine this issue one of the goals of the majority on your court, why did not your court simply base its outcome on Missouri's state constitution, and why was it appropriate in your view to disregard the directly on point U.S. Supreme Court precedent on this issue?

Since this question may come before me at some point, I must refrain from commenting on it.

13. What role should an appellate judge's personal and political ideology play in deciding cases, and when if ever is it appropriate for an appellate judge to decide how to rule based solely on his or her personal preference? Also, isn't it true that jurists serving on a state court of last resort sometimes have little other than their own personal preference concerning the result to guide them in deciding cases?

We should always be governed by precedent, the constitution and statutes in reaching our decisions.

14. How would you describe your judicial philosophy, and which judicial opinions that you have written stand out as your favorites?

I have no judicial philosophy. My goal is to be fair to all parties that come before me. I have no favorite cases or opinions; all the cases that we hear are important.

15. What qualities do you look for in deciding whom to hire as a law clerk, and what qualities or traits other than a strong academic background are important to you?

I strive to hire the best and brightest law clerks.

16. What are the three most important suggestions you have for attorneys concerning how to improve the quality of their appellate briefs filed with the Supreme Court of Missouri?

My three suggestions on writing briefs for the Supreme Court of Missouri are:
1. Read and understand the Supreme Court rules of appellate practice and procedure;

2. Be clear as to the issues; and

3. Remember these are “briefs” not “books.” Be clear and concise.
17. Similarly, what are the three most important suggestions you have for attorneys concerning how they can improve their performance at oral argument?

My three suggestions with respect to oral argument are:
1. Be candid and address the weaknesses in your case as well as the strengths;

2. LISTEN TO THE QUESTIONS from the bench and answer them as directly as you can; and

3. Be clear and concise. If you have made your argument and there are no more questions from the bench, SIT DOWN!
18. How much of your court's caseload consists of cases that the court has discretion whether or not to hear and what percentage are cases in which an appeal exists as of right to your court. With regard to your court’s discretionary jurisdiction, what factors do you weigh in deciding whether a particular case should or should not be granted review? And what procedures does the court follow internally in determining whether to grant discretionary review?

The Supreme Court of Missouri hears direct appeals on tax and capital murder cases. Routinely, we also hear cases where there is a conflict between the appellate courts in the state. The other approximately 85% of the cases are heard constitutionally where there is an issue of "general interest or importance" or where an appellate court finds that the constitutional validity of a statute is at issue. Unlike the Supreme Court of the United States, in which 4 of 9 votes are required to hear a case, in the Supreme Court of Missouri we need a majority of the Court to take transfer.

19. What in your view are currently the most urgent issues facing Missouri's system of justice, and what do you anticipate the most urgent issues will be twenty years from now? What can and should be done to address the issues currently of concern and to anticipate and perhaps avoid the issues you expect to arise in the future?

Every case that comes before the Supreme Court of Missouri is important to all parties and is treated with respect. We do not prioritize cases.

20. What do you do for enjoyment and/or relaxation in your spare time?

I enjoy music and sports.
Posted at 00:00 by Howard Bashman



Sunday, May 02, 2004
Justice William W. Bedsworth's latest column is available online: It's entitled "Just Desserts" and you can access it both here and here. Coincidentally, Justice Bedsworth will be the June 2004 interviewee in this blog's "20 questions for the appellate judge" feature.
Posted at 23:15 by Howard Bashman



Elsewhere in this weekend's newspapers: Today's issue of The Los Angeles Times reports that "Covert Searches Are Increasing Under Patriot Act; Civil liberties groups see a dangerous trend, but the Justice Department says added surveillance shows improvements in fighting terrorism. Columnist Dana Parsons has an essay entitled "Plea Bargain Still Best in Rape Case That's a Real Wobbler." Joe Domanick has an op-ed entitled "Rehabilitate Three-Strikes Law ... but Do It the Right Way; Reserve the penalty for the truly violent, and help others reenter society." And letters to the editor appear under the heading "The Justices Should Have to Breathe Our Air."

Saturday's issue of The LATimes, in celebrity justice-related news, reported that "Conspiracy Charge Added in Jackson Indictment"; "Cameras Are Expected to Record Bryant's Plea"; "N.J. Jury Acquits Williams of Manslaughter; Former NBA All-Star is convicted of trying to make chauffeur's death look like a suicide"; and "Quattrone Jury Gets Case After Last Jabs by Prosecutors." And an article reports that "Trainer's Lawyer Cites an 'Agenda'; He calls motives in BALCO case political and says his client and Bonds remain close despite scrutiny."

The Boston Globe today reports that "Menino may defy Romney on gays." In other news, "Suit over teen's death in Israel tests antiterror laws; Parents target Islamic groups, Hamas backers." And the Magazine section contains an article headlined "Her Private War: Shareda Hosein wants to be the US Army's first female Muslim chaplain; But not everyone wants her to succeed."

Saturday's issue of The Boston Globe reported that "Jackson enters not guilty plea; Conspiracy charge added." In other news, "Jurors defend murder acquittal." And Massachusetts Chief Justice Margaret H. Marshall had an op-ed entitled "How will Massachusetts further the dream of equality?"

Finally for now, on Saturday The Washington Times reported that "Hikers trace famous steps."
Posted at 22:45 by Howard Bashman



"Attack on Souter shows justices' minimal security": Joan Biskupic will have this article in Monday's issue of USA Today.
Posted at 22:30 by Howard Bashman



In this weekend's newspapers: The New York Times today reports that "Coach's Lawsuit Is Going To Trial." In other news, "An All-American Town, a Sky-High Divorce Rate." Selena Roberts has a "Sports of The Times" essay entitled "For Williams, Jury's Verdict Cannot Clear His Burden." Jonathan A. Knee has an op-ed entitled "Is That Really Legal?" And Sharon Mitchell has an op-ed entitled "How to Put Condoms in the Picture."

In Saturday's newspaper, The NYTimes reported that "Lawyer Is Told Not to Join Defense Team in Her Trial." An article reports that "Williams Guilty Only of Cover-Up." In related news, "Several Jurors Accepted Accident Defense." An article reports that "Jackson, on Time to Hearing, Pleads Not Guilty." In other news, "Jurors Begin Deliberations in Trial of Former Banker." An article reports that "Baseball Union Is Trying to Get Urine Samples Back." And in local news, "Videotapes of a Qaeda Informer Offer Glimpse Into a Secret Life."

In today's issue of The Washington Post, Charles Lane has an article headlined "Bush Executive Powers in the Balance; Supreme Court Opinions Expected to Define Authority to Combat Terrorism." A front page article is headlined "Guantanamo -- A Holding Cell In War on Terror; Prison Represents a Problem That's Tough to Get Out Of." In other news, "Senate Partisanship Worst in Memory; Key Legislation Languishes as Democrats and Republicans Jockey for Power." In news from North Carolina, "Plan for Landing Strip Turns Into a Super Hornet's Nest." An article reports that "Methodist Court Says Gay Clergy Prohibited; Wash. Pastor Can Remain, for Now." In regional news, "A Personal History Lesson: Va. High School Classmates Face Their Own Legacy." And a letter to the editor appears under the heading "Redefining Our Basic Rights."

Saturday's issue of The Washington Post reported that "Data Show Different Spy Game Since 9/11; Justice Department Shifts Its Focus to Battling Terrorism." An article is headlined "Deepening Mystery, Enduring Pain; Faded From News, Levy Case Still Difficult for Investigators, Family." In celebrity justice-related news, "Michael Jackson Arraigned On Grand Jury's New Charges; Indictment Alleges Singer Conspired to Abduct Child"; "Ex-NBA Star Gets Mixed Verdict in Slaying; Jury Acquits Williams of Manslaughter, Convicts Him of Coverup in Driver's Death"; and "Jury Gets Quattrone Case After 2 Weeks; Jurors Must Determine Ex-Investment Banker's Intent With E-mail." An editorial is entitled "The Court Punts." Ellen Goodman has an op-ed entitled "Pro-Choice, Pro-Terrorist?" And a letter to the editor appears under the heading "Shield the High Court."
Posted at 19:45 by Howard Bashman



"'The Myth of Moral Justice': Lawyer, Heal Thy Client." Today in the Sunday Book Review section of The New York Times, Dahlia Lithwick has this review of the book "The Myth of Moral Justice: Why Our Legal System Fails to Do What's Right" by Thane Rosenbaum.
Posted at 19:30 by Howard Bashman



"A legal boost for noncustodial parents; In California, a gain for fathers' rights may ripple out nationwide": Monday's edition of The Christian Science Monitor will contain an article that begins, "A decision by the California Supreme Court is setting the stage for a national shift on one of the most contentious areas of divorce law. By keeping a mother from moving to Ohio with her children against the father's will, the court is sending legal tremors across the US."
Posted at 19:23 by Howard Bashman



"Different chief justice, but same story": Clay Robison of The Houston Chronicle today has this essay in that newspaper.
Posted at 19:20 by Howard Bashman



"Bench p