|
|
|
Wednesday, June 30, 2004
"O.C. Gang-Rape Suspects Will Be Retried; The D.A. acts after a jury deadlock in the case against a top official's son and two others": This article appears today in The Los Angeles Times.
Posted at 23:45 by Howard Bashman
A quick report on today's Third Circuit oral argument in the Solomon Amendment case: As is often the case, it's difficult to predict how the three-judge panel that heard oral argument today is likely to rule on this matter, which I recently previewed here. Only two of the three judges took part in the questioning, and one of those two seemed quite firmly in favor of affirmance of the trial court's decision refusing to enjoin the law, while the other seemed to be troubled by whether the law was truly necessary when enacted, a point that the parties themselves did not appear to have spent too much time focusing on in the proceedings leading up to today. Thus, with one judge seeming to favor affirmance, another whose vote is in doubt, and a third who provided no basis for prediction, I lack sufficient information to provide a reliable guess as to the outcome. What I can tell you with confidence is that it was a pleasure to finally meet former Acting Solicitor General Walter E. Dellinger, III, who is even more charming in person than I had expected. Also present for the argument was military analysis blogger extraordinaire Phillip Carter, who was one of the drafters of the amicus brief that I had the privilege of submitting in the case. Posted at 23:40 by Howard Bashman In news coverage of yesterday's U.S. Supreme Court rulings: In The Los Angeles Times, David G. Savage reports that "Court Rejects Law Blocking Internet Porn; The justices affirm online free speech and suggest software filters are a more effective way to shield minors from explicit sexual material." Bob Egelko of The San Francisco Chronicle reports that "High court won't allow enforcement of porn law; Right to free speech trumps concerns over kids' Internet access." Joan Biskupic of USA Today reports that "Justices block limits on Net porn; Say law could pose threat to free speech" and "It may be up to parents to block Web porn; In rejecting online law, court suggests using computer filters." The Boston Globe reports that "Justices bar curbs on explicit websites; Free-speech concerns in child protection case." The Washington Times reports that "Court rejects Internet porn law." Stephen Henderson of Knight Ridder Newspapers reports that "Supreme Court rules against Internet porn law." The Sacramento Bee reports that "Justices rule against law regulating porn on Web." The San Jose Mercury News reports that "Court blocks law to shield minors from online porn." The Pittsburgh Post-Gazette reports that "Supreme Court blocks law to protect kids from Internet porn." The Atlanta Journal-Constitution reports that "High court blocks online porn law." The Hartford Courant reports that "Top Court Rules Against Porn Law; Measure To Protect Children Violates Freedom Of Speech, Justices Find." The Newark Star-Ledger reports that "Justices block law keeping kids from Web porn." And tonight's broadcast of the PBS program "NewsHour with Jim Lehrer" contained this report on the ruling. In coverage of yesterday's other ruling, Bob Egelko of The SFChronicle reports that "Supreme Court rejects suit over U.S.-hired kidnap; But majority backs foreigners' right to sue for grave abuses." The LATimes reports that "Court OKs Foreign-Abuse Suits; Justices say a 1789 law permits a narrow class of such lawsuits; Ruling may affect a Unocal case." The Washington Times reports that "Justices restrict suits by foreigners." The Dallas Morning News reports that "Justices rule man can't sue over Mexico arrest; Doctor abducted to face trial, then acquitted, can't press cases in U.S." The Pittsburgh Post-Gazette reports that "Supreme Court rejects rights suit; Justices limit ability of foreigners to sue U.S. government for violations of international law." And The Atlanta Journal-Constitution reports that "Foreigners may not sue over captures; U.S. agents immune for most acts abroad." Posted at 23:32 by Howard Bashman Available online from law.com: Jeff Chorney reports that "9th Circuit Dominates Top Docket; Court's reversal rate follows recent trend; number of cases opens eyes." Related items are headlined "How the West Was Reversed" and "The Ninth Circuit's reversal rate through the years." Shannon P. Duffy reports that "U.S. Supreme Court Won't Hear 3M's Appeal of $68 Million Award." And in other news, "Computer Ban for Pedophile Is Too Broad, Says Calif. Court." Posted at 23:20 by Howard Bashman Additional commentary on Monday's U.S. Supreme Court rulings: At National Review Online, Andrew C. McCarthy has an essay entitled "A Mixed Bag: The Supreme Court’s combatants decisions." And online at Reason, Nick Gillespie has an essay entitled "Rights for All: Civil liberties with Rasul, Hamdi, and Padilla." Posted at 21:08 by Howard Bashman U.S. Court of Appeals for the Ninth Circuit affirms dismissal, for lack of personal jurisdiction over the defendant, of lawsuit that Arnold Schwarzenegger brought against Ohio car dealership for infringing his right of publicity: You can access today's ruling at this link. Posted at 17:54 by Howard Bashman Supreme Court of North Carolina orders God's return to courtroom: The Winston-Salem Journal reports today that "Court favors petition for God; Judge must restore references to deity in his courtroom." And The Associated Press reports that "N.C. Judge Must Restore God Reference." Posted at 17:19 by Howard Bashman "Brothers in Law?: Why Clarence Thomas and Antonin Scalia are at odds in so many cases." The New Republic Online today offers this essay by Will Baude, whose blog you can access here. Posted at 17:10 by Howard Bashman If only more returns to the office from an oral argument before the U.S. Court of Appeals for the Third Circuit were this pleasant: Two particularly important emails awaited me on my return to the office this afternoon. First, and of greater interest to readers of this blog, Tenth Circuit Judge Paul J. Kelly, Jr. -- July 2004's "20 questions for the appellate judge" interviewee -- this afternoon transmitted his 20 answers, and this interview now ranks among my favorites. Although I typically post these interviews online on at midnight on the first Monday of each month, I will be posting this interview online at midnight on Tuesday, July 6, 2004 because the preceding day is a federal holiday. The other item of good news awaiting me was this ruling that the U.S. Court of Appeals for the Third Circuit issued today in a case in which that court had appointed me to brief and argue a shareholder derivative suit attorney's fee dispute as amicus curiae in support of affirmance. You can access at this link the brief that I filed. Today, a three-judge panel of the court unanimously affirmed, in a decision written by Circuit Judge Dolores K. Sloviter. Posted at 16:48 by Howard Bashman "Appeals Court Upholds Microsoft Antitrust Deal": Reuters provides this report on today's unanimous en banc ruling of the U.S. Court of Appeals for the D.C. Circuit. And The Associated Press reports that "Court Approves Microsoft Deal With U.S." Posted at 16:43 by Howard Bashman Today's other U.S. Supreme Court news of note: In addition to today's Order List, the Supreme Court issued a summary affirmance in Cox v. Larios, No. 03-1413, upholding a federal trial court's ruling that Georgia's legislative reapportionment plans for the state House of Representatives and Senate violate the one-person, one-vote principle of the equal protection clause. You can access the order of affirmance and a concurring opinion by Justice John Paul Stevens, in which Justice Stephen G. Breyer joined, at this link. Justice Antonin Scalia dissented in an opinion you can access here. Election Law Professor Rick Hasen explains what it all means in a blog post accessible at this link. In news coverage of today's developments at the Court, The Associated Press reports that "Supreme Court Upholds Ga. Redistricting," while Gina Holland reports that "High Court Won't Rule on Scotch Tape Suit." Reuters reports that "Supreme Court Rejects Georgia Redistricting Plan" and "Supreme Court Rejects 3M Appeal on Antitrust Award." And The Atlanta Journal-Constitution reports that "Supreme Court gives Republicans victory in redistricting dispute." Posted at 16:27 by Howard Bashman Just back from today's oral argument before the U.S. Court of Appeals for the Third Circuit in the Solomon Amendment case: Regular blogging to resume momentarily. Posted at 16:11 by Howard Bashman Today's U.S. Supreme Court Order List: You can access is online at this link. Posted at 10:00 by Howard Bashman Available online from C-SPAN: The following two segments, originally televised yesterday, are now available for viewing online, on demand: "Georgetown University Law Center panel on U.S. Supreme Court rulings in the terrorism and detainee cases" and "Los Angeles Times correspondent David G. Savage discusses U.S. Supreme Court rulings in terrorism and detainee cases" (Real Player required). Posted at 09:41 by Howard Bashman "Courts delay two Texas executions": The Houston Chronicle contains this article today. Posted at 09:40 by Howard Bashman The Courier-Journal is reporting: Today's newspaper contains articles headlined "School racial plan in Louisville upheld; But judge orders revision of student-assignment policy for traditional schools"; "Race lottery is unconstitutional, judge rules"; and "Many consider the ruling a 'victory.'" You can access yesterday's ruling by Chief Judge John G. Heyburn II of the U.S. District Court for the Western District of Kentucky at this link. Posted at 09:24 by Howard Bashman U.S. Court of Appeals for the Sixth Circuit rules that Wal-Mart's policy prohibiting breast-feeding other than in the restroom doesn't violate Ohio's public accommodation law: You can access today's ruling, by a unanimous three-judge panel, at this link. Posted at 09:20 by Howard Bashman On today's broadcast of NPR's "Morning Edition": The broadcast contained segments entitled "Alien Tort Case" (featuring Nina Totenberg) and "Tribunal Formed to Try Guantanamo Detainees" (Real Player required). Posted at 09:09 by Howard Bashman "Ten Commandments for sale to highest bidder in Duluth": This article appears today in The Minneapolis Star Tribune. In other coverage, The Duluth News Tribune today reports that "Monument supporters pray for fix; Hundreds came out in Duluth to rally for a solution to the monument's removal" and yesterday contained an article headlined "Thou shall not quit: Members of a group hoping to save Duluth's Ten Commandments monument plan a service today as the city accepts bids for the monument." Plus, this short item contains details on how you can purchase the monument. Posted at 09:06 by Howard Bashman "'Barbie' misery may be at end; Appeals court denies Mattel in photo case": The Deseret Morning News today contains this article. Posted at 09:04 by Howard Bashman "Utah federal judge: Sentence guidelines unconstitutional." This article appears today in The Salt Lake Tribune. And The Deseret Morning News reports today that "Judge tosses federal guides; Cassell says rules on sentencing unconstitutional." You can access yesterday's ruling by District Judge Paul G. Cassell of the U.S. District Court for the District of Utah at this link. Thanks much to Law Professor Douglas A. Berman, author of the new blog "Sentencing Law and Policy," for the pointer. Posted at 08:49 by Howard Bashman "Renouncing their citizenship": The Seattle Times today contains an article that begins, "There's a little-known story about a group of Americans who for a decade or so after World War II really weren't Americans at all." Posted at 08:47 by Howard Bashman "Judge Calabresi's letter of apology": Law Professor Eugene Volokh has posted the text of the letter online, and you can access it here. Posted at 06:20 by Howard Bashman On the agenda: The Supreme Court of the United States is expected to issue an Order List at 10 a.m. today. Stay tuned for details. Posted at 06:15 by Howard Bashman Available online at law.com: Tony Mauro reports that "U.S. Supreme Court Blocks Internet Porn Law; In separate case, the Court's rejection of a claim under the Alien Tort Statute could impact Guantanamo Bay detainees." In news relating to the war on terror, "Prosecutors Draft Charges Against Accused 'Dirty Bomber'" and "Ashcroft: Combatants Can Get Due Process Outside 'Judicial Processes.'" In news from California, "Lifelong Sex-Offender Registration Ruled Not Cruel." And Shannon P. Duffy has an article headlined "3rd Circuit: Retroactive Application of Immigration Law Limited; Breaking ranks, 3rd Circuit extends 'St. Cyr' to aliens convicted at trial." Posted at 06:11 by Howard Bashman "Gay wed foes lose again, aim for Supreme Court": This article appears today in The Boston Herald. Posted at 06:00 by Howard Bashman "American People Ruled Unfit to Govern": Today's issue of The Onion contains an article that begins, "In a historic decision with major implications for the future of U.S. participatory democracy, the Supreme Court ruled 8-1 Monday that the American people are unfit to govern." Posted at 00:17 by Howard Bashman Tuesday, June 29, 2004
Charles Lane is reporting: Wednesday's issue of The Washington Post will contain articles headlined "Justices Oppose Internet Porn Law; Case Is Returned To Lower Court" and "Rights Ruling a Compromise; Court Urges Narrow Interpretation on Letting Foreigners Sue in U.S."
Posted at 23:54 by Howard Bashman
In Wednesday's issue of The New York Times: Linda Greenhouse will have articles headlined "Court Blocks Law Regulating Internet Access" and "Human Rights Abuses Worldwide Are Held to Fall Under U.S. Courts." Posted at 22:43 by Howard Bashman In news coverage of yesterday's U.S. Supreme Court rulings: The Charleston Post and Courier, currently the hometown newspaper for Yaser Esam Hamdi and Jose Padilla, reports that "Supreme Court torpedoes 'enemy combatant' policy." Charles Lane of The Washington Post reports that "Justices Back Detainee Access To U.S. Courts; President's Powers Are Limited," while a related article reports that "Attorneys for Detainees Plan Fast Action." In The New York Times, Adam Liptak reports that "For Prisoners, Only Certainty Is Right to a Court Hearing," while a related article reports that "In Classic Check and Balance, Court Shows Bush It Also Has Wartime Powers." In The Los Angeles Times, David G. Savage reports that "High Court Says Detainees Have Right to Hearing; Justices say the war on terrorism does not give the president a 'blank check' to hold suspects," while related articles report that "Wartime President Is Again Outflanked"; "The Courtrooms Are Open, Now It's Up to the Lawyers; Still unknown is when the hearings will begin and how far the rights of prisoners will extend"; and "Former Detainees and Other 'Friends of the Court' Cheer." Joan Biskupic of USA Today reports that "Court curbs terror policies," while a related article is headlined "Detainees still will face many hurdles to freedom." The Chicago Tribune reports that "Justices rule that detainees get day in court; Guantanamo Bay inmates granted similar rights" and "Ruling could muffle Bush critics on key political issue." The Boston Globe reports that "Rulings afford detainees their day in court." The Baltimore Sun reports that "Bush rebuffed on detention of terror suspects; Court rules U.S. citizens, foreign nationals can challenge imprisonment; Limit to wartime powers" and "Ruling helps detainees achieve place in U.S. history; High court sets back Bush legal claim on terrorism in cases of the two men." The Miami Herald contains an article headlined "Court: U.S. law covers detainees; The Supreme Court struck down a central element in the war on terrorism by ruling that U.S. law applies to Guantanamo detentions, allowing suspects to contest their captivity in U.S. courts." The San Francisco Chronicle reports that "Justices affirm rights of detainees; Terror suspects must be given access to U.S. courts." The Houston Chronicle reports that "Terror suspects have right to use courts, justices rule; O'Connor: State of war is not blank check." The Pittsburgh Post-Gazette reports that "Supreme Court decision protects detainees; Says Bush administration doesn't have 'blank check' during war." Newsday reports that "Detainees can challenge imprisonment, Supreme Court says; Fractured Supreme Court rules 'enemy combatants' have right to challenge imprisonment" and "Court rulings set limits on Bush administration." The Seattle Post-Intelligencer reports that "Detainees can file challenges, high court says; Ruling on 'enemy combatants' deals a blow to Bush anti-terror policies." The Dallas Morning News reports that "Justices say detainees can't be held in limbo; Rulings affirm terror suspects' right to petition U.S. courts." The Hartford Courant reports that "Rulings On Detainees A Mixed Bag For Bush." The Washington Times reports that "Court orders due process for Guantanamo prisoners." The San Jose Mercury News reports that "Court rulings a blow to Bush on home front; War powers challenged adding to troubles." The Newark Star-Ledger reports that "Bush loses court test on detainees; U.S. justices rule prisoners must get hearings to state their cases." BBC News reports "Legal setback for war on terror" and "Lawyers hail Guantanamo ruling." And the PBS broadcast "NewsHour with Jim Lehrer" had segments entitled "Supreme Court Watch" and "Detainee Decisions." In other news, The St. Louis Post-Dispatch reports that "Police technique to win confessions is struck down." David G. Savage of The LATimes reports that "Divided High Court Upholds Miranda Warnings; Police may not use confessions elicited before a suspect is advised of his rights." And Joan Biskupic of USA Today reports that "Justices invalidate 'question-first' tactic of police." In news relating to the granting or denying of certiorari, Josh Richman of The Oakland Tribune reports that "Top court will take Oakland pot case; Medical marijuana issue to be ruled on by next summer, justices decide." The SFChronicle reports that "Court will hear medical pot appeal; U.S. seeking to overturn state law protecting marijuana patients." David G. Savage of The LATimes reports that "Medical Marijuana to Get Justices' Review." Claire Cooper, legal affairs writer for The Sacramento Bee, reports that "Key medical pot case to be heard." The SJMercury News reports that "High court to hear Oakland pot case; Justice Department appealed victory for two ailing women." The Contra Costa Times reports that "Cannabis case goes to U.S. high court." And The San Diego Union-Tribune reports that "Supreme Court justices to decide medical marijuana dispute." The Dallas Morning News reports that "Supreme Court will hear Miller-El case again." The Seattle Times reports that "Lawsuit could affect spy recruitment." The SDUnion-Tribune reports that "Supreme Court agrees to look at investor rights in Dura lawsuit." And Financial Times reports that "Supreme Court ruling could hit fraud lawsuit claims." The Miami Herald contains an article headlined "Theaters told: Ramp up access." The San Antonio Express-News reports that "Theaters' seating takes a hit from the Supreme Court." And The Orlando Sentinel reports that "Battle over seating may be settled; Theaters, advocates for the disabled may deal after ruling." In the day's final news item, The Rochester Democrat and Chronicle reports that "Mateo saved from death penalty." Finally, in commentary, The NYTimes contains an editorial entitled "Reaffirming the Rule of Law"; an op-ed by Anthony Lewis entitled "The Court v. Bush"; and an op-ed by Law Professors Kate Stith and William Stuntz entitled "Sense and Sentencing." The Washington Post contains an editorial entitled "Supreme Rebuke." The LA Times contains an editorial entitled "It's Called Democracy" and an op-ed by Law Professor Jonathan Turley entitled "A Near Miss for Key Rights." The Boston Globe contains an editorial entitled "The rights of detainees." The Wall Street Journal contains an editorial entitled "Terror and the Court: Despite mixed rulings, a victory for the executive." At The New Republic Online, Yonatan Lupu has an essay entitled "Narrowed Down." And at National Review Online, Matthew J. Franck has an essay entitled "Harmful Rulings: Enemy combatants and an irresponsible Court," while Robert Alt writing from Baghdad, Iraq has an essay entitled "Dangerous Decision: The Supreme Court has rewritten a well-established statute." Posted at 20:57 by Howard Bashman "Taking It to the Trenches: What the Supreme Court's terrorism decisions will mean for the war effort." Phillip Carter, whose blog you can access here, today has this essay online at Slate. Posted at 19:33 by Howard Bashman In news from Denver: Today's edition of The Denver Post contains articles headlined "State high court nullifies vouchers" and "High court urged to lift order on Bryant-case transcript." And today's edition of The Rocky Mountain News contains articles headlined "Voucher program quashed; In 4-3 ruling, high court says plan diverts control from local school boards"; "Caps on damages upheld; State Supreme Court limits payments in botched delivery case"; and "Media appeal judge's order; Lawyer challenges ban on publishing Kobe transcript." Posted at 19:16 by Howard Bashman On this evening's broadcast of NPR's "All Things Considered": The broadcast contained segments entitled "Court Protects Web Porn, Sends Case Back for Review" (featuring Nina Totenberg); "U.S.-Born Hamdi to Challenge Detention"; "Details of Combatants' Challenges to Be Determined"; and "California Court Broadens Sex-Crime Registry" (Real Player required). Posted at 19:00 by Howard Bashman "Justices Leave Online Porn Case Unresolved": Charles Lane of The Washington Post provides this news update. Posted at 18:58 by Howard Bashman "DA will retry gang-rape case; The lead attorney for the defense team says the prosecutor's decision is 'based off emotion and based off politics'": The Orange County Register provides this news update. Posted at 18:54 by Howard Bashman The Salt Lake Tribune opposes confirmation of D.C. Circuit nominee Thomas B. Griffith: This editorial appeared in this past Sunday's newspaper. Posted at 17:58 by Howard Bashman In Wednesday's issue of The Christian Science Monitor: Warren Richey will have articles headlined "Court upholds objections to law regulating Internet porn; The 5-to-4 decision is a victory for free-speech advocates and a setback for those seeking to protect kids" and "Ruling makes it harder for foreigners to sue in US courts; Court overturns a ruling for a Mexican doctor, saying a 1789 law does not grant automatically right to sue." Posted at 17:54 by Howard Bashman "No Retirements As Supreme Court Ends Term": The Associated Press provides this report. Posted at 16:46 by Howard Bashman Available online from National Public Radio: Today's broadcast of "Day to Day" contained a segment entitled "Slate's Jurisprudence: High Court Blocks Web Porn Law" (featuring Dahlia Lithwick). And today's broadcast of "Morning Edition" contained segments entitled "Ruling on Detainees Curbs Presidential War Powers" (featuring Nina Totenberg) and "Religious Initiatives Make Workplace Hostile for Some." Posted at 15:33 by Howard Bashman "U.S. Military Tribunal to Try 3 Suspects": The Associated Press provides this report from Guantanamo Bay, Cuba. Posted at 14:27 by Howard Bashman Unanimous three-judge panel of the U.S. Court of Appeals for the First Circuit affirms federal trial court's ruling that refused to stop same-sex marriages in Massachusetts: You can access today's ruling at this link. Update: The AP reports here that "Federal appeals court denies attempt to block same-sex weddings." Posted at 14:17 by Howard Bashman "Justices Strike Down Online Porn Law; Supreme Court sends case back to lower court where government must prove other ways to protect children won't work": David G. Savage of The Los Angeles Times provides this news update. Posted at 14:15 by Howard Bashman "Bench Warrantless: The left likes to compare George W. Bush to Hitler and Mussolini, but is there a lesson to be learned from Il Duce's rise?" Joel Engel has this essay online at The Weekly Standard. Posted at 12:46 by Howard Bashman Abortion rights advocates announce they will not seek U.S. Supreme Court review of decision upholding Ohio's law limiting so-called "partial birth" abortions: The Associated Press provides this report. Posted at 12:30 by Howard Bashman Sink your teeth into the latest "Food Chain Barbie" ruling: Yesterday's issue of The New York Times reported that "Judge Says Artist Can Make Fun of Barbie." And today The Associated Press reports that "Mattel Told to Pay $1.8M in Barbie Suit." I have just posted online at this link last week's ruling of the U.S. District Court for the Central District of California in this case. Back in late December 2003, the U.S. Court of Appeals for the Ninth Circuit issued this ruling in the case, which I first reported on in a post titled "Ninth Circuit rebuffs Mattel's challenge to artist's photographs depicting nude Barbie about to be attacked by vintage household appliances." Posted at 11:48 by Howard Bashman U.S. Court of Appeals for the Sixth Circuit rules that trademark dispute falls outside the zone of confusion: Today's decision, which rejects AutoZone's effort to enjoin Tandy Corporation and Radio Shack from using the mark "PowerZone" to promote the sale of various power-related items such as such as batteries and extension cords, can be accessed here. Posted at 11:15 by Howard Bashman "Bush Must Regroup After Combatant Ruling": The AP's Anne Gearan provides this report. Posted at 10:11 by Howard Bashman Today's U.S. Supreme Court opinions: As anticipated, today the Supreme Court of the United States issued decisions in the two argued cases that had remained undecided this Term. 1. Justice David H. Souter delivered the opinion in Sosa v. Alvarez-Machain, No. 03-339, and the judgment under review was reversed. 2. Justice Anthony M. Kennedy delivered the opinion in Ashcroft v. American Civil Liberties Union, No. 03-218, and the judgment under review was affirmed and the case remanded. In early news coverage of today's rulings, Anne Gearan of The Associated Press reports that "High Court Upholds Block of Web Porn Law." And Gina Holland reports that "Supreme Court Rejects Human Rights Suit." James Vicini of Reuters, meanwhile, provides reports headlined "Supreme Court Bars Internet Porn Law Enforcement" and "Court: Abducted Mexican Doctor Can't Sue U.S." Posted at 10:00 by Howard Bashman "Top court greenlights Olympics bomb suits": The Atlanta Journal-Constitution today contains an article that begins, "Atlanta's 1996 Olympics organizers can be sued by victims of the Centennial Olympic Park bombing, the Georgia Supreme Court ruled Monday." You can access yesterday's ruling of the Supreme Court of Georgia at this link. Posted at 09:51 by Howard Bashman On the agenda: At 10 a.m. today, the Supreme Court of the United States will issue decisions on the final two argued cases remaining to be decided this Term. And then maybe one or more of the Justices will announce their retirement from the Court. Stay tuned for complete coverage. Posted at 08:02 by Howard Bashman Ninth Circuit Judge Alex Kozinski nominates self as contestant in "Judicial Hottie" contest: This brand new post at the blog "Underneath Their Robes" purports to reprint an email actually received from Judge Kozinski. I too have had the pleasure of receiving emails from Judge Kozinski in the past, and this particular email is either the real thing or a quite elaborate hoax. Update: The author of "Underneath Their Robes" has established to my satisfaction that the email in question was indeed from Judge Kozinski. Posted at 07:30 by Howard Bashman "A crossroads for cross: A new idea for Mt. Soledad -- leave decision to a new buyer." The San Diego Union-Tribune contains this article today. Posted at 07:14 by Howard Bashman "Ruling Widens Sex Offender List; Possessing child porn may require registering for life, court says in reversing 1983 decision": This article appears today in The Los Angeles Times. And Bob Egelko of The San Francisco Chronicle reports today that "High court rules sex crime listing not punishment; Lifetime registration protects public, state justices decide." Posted at 07:07 by Howard Bashman "With fanfare, Van Antwerpen joins federal Court of Appeals; He is first from Lehigh Valley to take a seat on 3rd Circuit bench": The Allentown Morning Call contains this article today. And yesterday's issue of that newspaper contained an editorial entitled "Justice and a happy ending in installation of Judge Van Antwerpen." Finally, The Express-Times of Easton, Pennsylvania reports today that "Local judge welcomed to new bench; Easton's Franklin S. Van Antwerpen sworn in as U.S. circuit judge." Posted at 06:44 by Howard Bashman "Gang-Rape Case Ends in Mistrial; Jurors can't agree on whether three youths, including the son of a top Orange County sheriff's official, assaulted a girl in 2002": This article appears today in The Los Angeles Times. And The Orange County Register today contains articles headlined "Juror: Video 'not convincing'; Panelist in gang-rape trial says much of prosecution's evidence was ambiguous" and "Emotional moments: Defendants express relief while accuser promises cooperation in possible retrial." Posted at 06:40 by Howard Bashman Monday, June 28, 2004
In other coverage of today's U.S. Supreme Court rulings: Stephen Henderson of Knight Ridder Newspapers reports that "Supreme Court rules against Bush policy, allows combatants day in court." Tom Curry, national affairs writer for MSNBC, has a news analysis entitled "Historic court rulings hold political fodder; Both sides get new venues to state cases to Congress, voters." And CBS News analyst Andrew Cohen has an essay entitled "Court Sends Bush War Power Setback."
Posted at 23:01 by Howard Bashman
In Tuesday's issue of The Washington Post: Tomorrow's newspaper will contain front page articles headlined "Executive Branch Reined In" and "Police Tactic to Sidestep Miranda Rights Rejected." And in other news, "Court to Review Spies' Right To Sue CIA Over Broken Vow." Posted at 22:48 by Howard Bashman "Jury deadlocks in videotaped rape trial": CNN.com reports here that "A judge declared a mistrial Monday in the trial of three teenagers charged with raping an unconscious 16-year-old girl, after the jury announced it was deadlocked on all 24 counts against the defendants." Posted at 22:24 by Howard Bashman Linda Greenhouse is reporting: In Tuesday's issue of The New York Times, she will have articles headlined "Justices Affirm Legal Rights of 'Enemy Combatants'"; "Tactic of Delayed Miranda Warning Is Barred"; and "Justices Will Hear Argument on Medical Marijuana Laws." Posted at 22:16 by Howard Bashman Should the relief that a sharply divided U.S. Supreme Court afforded in INS v. St. Cyr be limited only to aliens who pleaded guilty? Before today, every federal appellate court to have addressed the issue has apparently answered that question in the affirmative. But today, a unanimous three-judge panel of the U.S. Court of Appeals for the Third Circuit, in an opinion by Senior Circuit Judge Edward R. Becker, reached the contrary conclusion and offered some criticism of the unbroken line of authority from those federal appellate courts that have previously considered the issue. Posted at 21:09 by Howard Bashman "Prosecutors Say Woman Stole Law Firm's ID": The Associated Press reports here on a woman who stole the identity of the law firm Fish & Neave. Posted at 20:51 by Howard Bashman "Old desk gets a front-row seat to more history": The Sacramento Bee today contains an article that begins, "Out of commission for years, a hulking slab of walnut and brass known as 'Earl Warren's desk' is finding its way back into the spotlight, thanks to Gov. Arnold Schwarzenegger." Posted at 20:03 by Howard Bashman Also in Tuesday's issue of The Christian Science Monitor: Tomorrow's newspaper will also contain articles headlined "Two Court rulings highlight a delicate balance on Miranda" and "'Gitmo' court ruling heartens Saudi families; The Supreme Court said Monday that 'Gitmo' prisoners can challenge detention." Posted at 18:27 by Howard Bashman Available online from National Public Radio: This evening's broadcast of "All Things Considered" included reports entitled "High Court: U.S. Must Allow Terror Detainees to Challenge Status" (featuring Nina Totenberg) and "Court Warns Police on Miranda Procedure." And today's broadcast of "Talk of the Nation" contained a lengthy segment entitled "Supreme Court Decisions" featuring Los Angeles Times reporter David G. Savage and Law Professor John C. Yoo. Posted at 18:11 by Howard Bashman "Microsoft Settles Arizona Antitrust Suit": Reuters provides this report. Posted at 17:54 by Howard Bashman Think of how lengthy the Ten Commandments would have been if they included mention of all possible defenses to murder: The Associated Press reports here that "Georgia's parole board denied clemency Monday for a death row inmate who argued that the prosecutor improperly suggested at trial that the Ten Commandments do not recognize insanity as a defense for murder." Posted at 17:45 by Howard Bashman "Signature drive aims to keep cross on county seal": This article appears today in The Los Angeles Daily News. Posted at 17:42 by Howard Bashman "Coroner's verdict: Dr. Kirchner says police are too tight-lipped about crimes in which the public and media could help; Police think he says too much." Yesterday's issue of The Sunday News of Lancaster, Pennsylvania contained this article, which focuses on the death of federal prosecutor Jonathan Luna. Posted at 17:36 by Howard Bashman "Supreme Court to Hear Case on Medical Pot": David Kravets of The Associated Press provides this report. Posted at 17:22 by Howard Bashman "Terror detainees win right to sue; In two landmark cases, the court rules against President Bush, saying 'enemy combatants' should have access to US courts": Warren Richey will have this article in Tuesday's issue of The Christian Science Monitor. Posted at 17:03 by Howard Bashman A preview of Wednesday afternoon's oral argument before the U.S. Court of Appeals for the Third Circuit in the case challenging the constitutionality of the Solomon Amendment: Reinforcing what a pleasure it is to practice before the Third Circuit, this afternoon I received a call from that court's clerk's office advising that oral argument in FAIR v. Rumsfeld won't be getting underway this Wednesday afternoon until 1:15 p.m. at the earliest. You can access most of the briefs filed in the appeal, along with the trial court's ruling in favor of the federal government, via this link. Arguing for the plaintiffs/appellants will be E. Joshua Rosenkranz. Arguing for the federal government will be Gregory G. Katsas. Arguing for amici in support of the plaintiffs/appellants will be Walter E. Dellinger, III and Paul M. Smith. Arguing for amici in support of the federal government will be yours truly. The amicus brief that I filed in the case can be accessed here. Posted at 16:35 by Howard Bashman "Justices: Detainees Can Have Court Hearings." The Los Angeles Times has recently posted online this news update from David G. Savage. Posted at 16:30 by Howard Bashman "Colo. Supreme Court rules school vouchers unconstitutional": The Associated Press provides this report on a 4-3 ruling that the Supreme Court of Colorado issued today. Posted at 16:22 by Howard Bashman U.S. Court of Appeals for the Fourth Circuit refuses to rehear en banc the South Carolina "Choose Life" license plate case over the dissenting votes of five judges: You can access today's order, which is accompanied by both a concurring and a dissenting opinion, at this link. Back in March 2004, the original three-judge panel issued a decision consisting of three separate opinions that in combination affirmed a federal trial court's decision declaring unconstitutional the South Carolina statute authorizing the "Choose Life" plate. I first reported on that ruling the day it issued in a post you can access here. Posted at 14:59 by Howard Bashman "Slate's Jurisprudence: Court Rules on Enemy Combatants." Today's broadcast of NPR's "Day to Day" included this report featuring Dahlia Lithwick and Walter E. Dellinger, III (Real Player required). Posted at 14:46 by Howard Bashman Divided three-judge Seventh Circuit refuses to enjoin the City of Indianapolis from conducting body cavity searches of misdemeanants: You can access today's ruling of the U.S. Court of Appeals for the Seventh Circuit at this link. Circuit Judge Frank H. Easterbrook wrote the majority opinion, in which Circuit Judge Michael S. Kanne joined. Circuit Judge Ann Claire Williams dissented in an opinion you can access here. Posted at 14:16 by Howard Bashman Let the headline puns begin: Tune in tomorrow to see just how many newspapers publish the headline "High Court agrees to hear medical marijuana case." Posted at 13:46 by Howard Bashman The wire services report on today's developments from the U.S. Supreme Court: From The Associated Press, Anne Gearan reports that "Enemy Combatants Win Right to U.S. Courts" and "Court to Hear Former Communist Spies Case." Gina Holland reports that "Justices Warn Police on Coercion Tactic"; "Court to Review American Indian Tax Case"; "Court Dodges Fight Over Disabled Seating"; and "Court Won't Stop Minivan Air Bag Case." Finally, unsigned articles report that "Supreme Court to Hear Case on Medical Pot" and "High Court Takes Securities Fraud Case." From Reuters, James Vicini reports that "U.S. high court deals blow to war on terror"; "Supreme Court to Decide Medical Marijuana Case"; "Court to Decide if Cold War Spies Can Sue CIA"; and "US court allows wheelchair rules for movie theaters." Meanwhile, a report from London, England is headlined "Families, Lawyers Take Heart from Guantanamo Ruling." Posted at 13:34 by Howard Bashman "We therefore conclude that mandatory sex offender registration, as provided by section 290, is not 'punishment' for purposes of either the Eighth Amendment or article I, section 17 of the California Constitution." So a unanimous Supreme Court of California has ruled today in a decision that you can access here. My earlier preview of this ruling can be found at this link. Posted at 13:12 by Howard Bashman "High Court: Enemy Combatants Can Challenge Detention." NPR's Nina Totenberg had this report (Real Player required) on this morning's broadcast of "Morning Edition." Posted at 12:05 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, including all three argued cases involving the war on terror. The Court will issue more opinions tomorrow. 1. Justice Clarence Thomas announced the judgment of the Court in United States v. Patane, No. 02-1183, and the judgment under review was reversed and the case remanded. 2. Justice David H. Souter announced the judgment of the Court in Missouri v. Siebert, No. 02-1371, and the judgment under review was affirmed. 3. Justice Sandra Day O'Connor announced the judgment of the Court in Hamdi v. Rumsfeld, No. 03-6696, and the judgment under review was vacated and the case remanded. 4. Justice John Paul Stevens delivered the opinion of the Court in Rasul v. Bush, No. 03-334, and the judgment under review was reversed and the case remanded. 5. Chief Justice William H. Rehnquist delivered the opinion of the Court in Rumsfeld v. Padilla, No. 03-1027, and the judgment under review was reversed and the case remanded. The Court also issued a per curiam summary reversal in Holland v. Jackson, No. 03-1200, by a vote of 5-4. The two argued cases in which opinions remain to be issued, and presumably will be issued tomorrow, involve online pornography and the Alien Tort Claims Act. Today's Order List can be accessed here. The Court granted review today in a total of eight cases and sought the views of the Solicitor General in two other cases. In early press coverage of today's developments at the Court, Anne Gearan of The Associated Press reports that "Terror Detainees Win Right to U.S. Courts," while Gina Holland reports that "High Court Warns Police Against Tactic." Gearan also reports that "Supreme Court to Hear Case on Medical Pot" and "Court to Hear Former Communist Spies Case." Posted at 10:00 by Howard Bashman "The handing down of Supreme Court decisions is an unusual ritual." So writes former Acting Solicitor General Walter E. Dellinger, III in this essay posted online this morning at Slate. Posted at 09:11 by Howard Bashman "A half-century of laying down the law; Coffey has stood by beliefs, ruffled feathers": This quite fascinating profile of Seventh Circuit Judge John L. Coffey appears today in The Milwaukee Journal Sentinel. Posted at 09:02 by Howard Bashman Does the requirement of registration as a sex offender constitute "punishment" for purposes of the cruel or unusual punishment provision of California's Constitution? The Supreme Court of California is scheduled to issue a decision that will resolve this question at 10 a.m. pacific time today. In March 2003, the U.S. Supreme Court by a vote of 6-3 rejected the argument that Alaska's sex offender registration act constituted punishment. You can access my summary of that decision, which reversed a ruling to the contrary by Ninth Circuit Judge Stephen Reinhardt, at this link (third item). Posted at 08:51 by Howard Bashman On the agenda: At 10 a.m. today, the Supreme Court of the United States will issue opinions in argued cases and an Order List. The remaining seven argued cases in which opinions will issue this week are listed here. Stay tuned for complete coverage. As a reminder, if unusually high amounts of traffic cause this site to crash (which thankfully didn't happen last Thursday, although it did happen on two preceding opinion issuance dates), I will post updates in the interim to this blog's back-up location, which can be accessed at: http://howappealing.blogspot.com/Please make a note of that address, because if you do need to use it, you won't be able to access it here. Posted at 06:52 by Howard Bashman "Rebuking Barbie's Manufacturer, Judge Says Artist Can Make Fun of Dolls": This article appears today in The New York Times. Posted at 06:50 by Howard Bashman And the survey says -- support of First Amendment freedoms back to pre-9/11 levels: The First Amendment Center in collaboration with American Journalism Review magazine has issued the results of its State of the First Amendment survey for 2004. Available online are a news release, an analysis of the results, and the results themselves. Posted at 06:31 by Howard Bashman Sunday, June 27, 2004
In Sunday's newspapers: In The New York Times, Adam Liptak has an article headlined "Torture and Legal Ethics: How Far Can a Government Lawyer Go?" A related article is headlined "Defining Torture: Russian Roulette, Yes. Mind-Altering Drugs, Maybe." And in business news, "Crimes of Others Wrecked Enron, Ex-Chief Says" and "Attention Wal-Mart Plaintiffs: Hurdles Ahead."
The Washington Post reports that "CIA Puts Harsh Tactics On Hold; Memo on Methods Of Interrogation Had Wide Review." And an editorial is entitled "Sentencing Bombshell." The Washington Times reports that "Fight goes on to restore Texas plaques." In regional news, "Gay-rights advocates march on delegate's home." Jennifer Marshall has an op-ed entitled "More than a 'lifestyle choice.'" And an editorial is entitled "A forgotten terror victim." Posted at 23:51 by Howard Bashman Commentators commentate: On Friday, The New Republic Online published an essay by Dana Mulhauser entitled "Half Court." Reason published an essay by Timothy Lynch entitled "Cooperate, Or Else! Complicating your right to remain silent." Shannen W. Coffin writing at National Review Online had an essay Friday entitled "Victory for the Executive: Bush and Cheney have recovered lost ground," while his preview of that ruling on Thursday was entitled "Energy and the Executive: Bush and Cheney have rightly stood firm in the ongoing energy controversy." Online at The Nation, Bruce Shapiro has an essay entitled "Rehnquist, Cambodia & Abu Ghraib," while John Nichols writes of a "Big Blow to Big Media." Finally, on Friday Andrew C. McCarthy had an essay entitled "A Manufactured Scandal: The Times and memos" at National Review Online. Posted at 23:37 by Howard Bashman "Court case on juvenile killers may echo here": This article appears today in The Richmond Times-Dispatch, along with a related article headlined "Time passes, not the pain." Meanwhile, in somewhat related news, The Orlando Sentinel today reports that "Guilty pleas from youths raise alarm." Posted at 23:31 by Howard Bashman "Making Torture Legal": Anthony Lewis will have this article in the July 15, 2004 issue of The New York Review of Books. Posted at 22:42 by Howard Bashman In the July 5, 2004 issue of Time magazine: The issue contains "10 Questions For Kenneth Starr." In business news, "Wal-Mart's Gender Gap: What a landmark lawsuit aims to prove about how the No. 1 retailer pays its female workers." And a newsbrief is headlined "A Gay-Marriage Dance." Posted at 22:33 by Howard Bashman "Peterson's prosecutors watch trial go downhill; Despite bad week, it's too early to panic, experts say": This article appears today in The San Francisco Chronicle. Posted at 22:27 by Howard Bashman In Monday's issue of The Christian Science Monitor: Warren Richey will report that "Supreme Court throws sentencing guidelines into doubt; A Washington State case prompts other states, as well as federal officials, to reexamine their own sentencing systems." A related editorial is entitled "Juries Get Their Day in Court." And an article reports that "Key general defends the 'Gitmo' way; In an interview, General Miller defends his command and addresses abuses at Abu Ghraib." Posted at 20:16 by Howard Bashman The efforts of counsel for the death row inmate in Beard v. Banks to secure Justice Anthony M. Kennedy's vote did not succeed: Today's issue of The Times Leader of Wilkes-Barre, Pennsylvania contains this article reporting on a strategy that proved unsuccessful in a case in which Justice Kennedy's vote represented the difference between victory and defeat. Posted at 17:53 by Howard Bashman In news from Alabama: The Decatur Daily today contains an article headlined "Where the judge is coming from: Drayton Nabers, state's new chief justice, meets life's challenges with humor." And |