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Tuesday, November 30, 2004
Wow, that was fast! It may be approaching the midnight hour, but in response to this post from less than an hour ago, a "How Appealing" reader with access to a copy in PDF format of the federal government's opening appellate brief that arrived today at the U.S. Court of Appeals for the Eighth Circuit in the federal partial birth abortion ban appeal has sent the brief along so that I can post it online. You can access the brief at this link.
Posted at 23:02 by Howard Bashman
"Supreme Court weighs whether Title IX covers retaliation claims": Stephen Henderson of Knight Ridder Newspapers provides this report. Posted at 22:40 by Howard Bashman "Videos Cited in Calling Kosher Slaughterhouse Inhumane": This article will appear Wednesday in The New York Times. Posted at 22:38 by Howard Bashman Charles Lane is reporting: In Wednesday's issue of The Washington Post, he will have articles headlined "Retaliation, Bias Are Alleged in Ala. Case; Court Weighs Suit Of School Coach" and "High Court Puts Limit On Lender Liability; Statutory Damages Can't Exceed $1,000." Posted at 22:35 by Howard Bashman Available online from law.com: Tony Mauro reports that "High Court Considers Title IX's Reach." And in news from Georgia, "Fen-Phen Trials May Test New Damages System; 'Reverse bifurcation' procedure designed to block 'back-door' punitives." Posted at 22:15 by Howard Bashman Beyond the Dale: Law Professor Ann Althouse has a post entitled "Analogizing law schools to the Boy Scouts." Posted at 22:12 by Howard Bashman "Justice Dept. Nixes Neb. Abortion Ruling": The AP provides this report on the federal government's appeal to the U.S. Court of Appeals for the Eighth Circuit in which the federal government seeks to vacate an injunction entered by a federal district judge in Nebraska against the federal ban on partial birth abortion. The federal government failed to include an electronic copy of its brief in its Eighth Circuit filing, which is why I cannot link to that brief at this moment. Posted at 22:10 by Howard Bashman "Harvard Law to Bar Military Recruiters": The Associated Press has issued this report. And you can access online here the statement of Harvard Law School Dean Elena Kagan. The statement is premature in a sense, in that yesterday's ruling by the U.S. Court of Appeals for the Third Circuit won't take effect at the earliest until 52 days from yesterday, when the Third Circuit will issue its mandate to the district court. And if the federal government seeks and obtains a stay of that mandate pending a request for further review in the U.S. Supreme Court, the Third Circuit's mandate may never issue. For example, the Ninth Circuit's mandate in the Pledge of Allegiance case never issued (and thus that ruling never had any effect "on the ground" within the Ninth Circuit) before the U.S. Supreme Court issued its reversal. On the other hand, Harvard Law School at all times (including now) has had the right to ban military recruiters from campus notwithstanding the existence of the Solomon Amendment -- the university simply had to pay the price in loss of federal funding. Dean Kagan's statement suggests that now that the price to be paid will soon be zero dollars, Harvard Law School can afford to exercise its right of association in the manner it prefers. On this very point, to the extent that the Solomon Amendment causes a law school to "speak" in any manner, it seems to me that a law school is forced to reveal that it finds the continuation of federal funding to have a greater value than the evenhanded application of the school's anti-discrimination policy. This "speech" -- which reveals that the exercise of rights sometimes comes at great cost; even at a cost that may be too great to bear -- would seem to teach law students a valuable lesson about how the real world often operates. Posted at 22:00 by Howard Bashman "Wide scope for Title IX meets resistance": Online at "SCOTUSblog," Lyle Denniston offers this report on a case argued today before the Supreme Court of the United States. Posted at 20:50 by Howard Bashman Available online from National Public Radio: This evening's broadcast of "All Things Considered" contained a segment entitled "Supreme Court Hears Arguments on Title IX" featuring Nina Totenberg. And today's broadcast of "Talk of the Nation" contained a segment entitled "Calls for States' Rights, from the Left." Posted at 20:44 by Howard Bashman Additional criticism of yesterday's Solomon Amendment ruling: Someone who reviews many judicial opinions for a living calls yesterday's Third Circuit ruling in the Solomon Amendment case "dead on arrival" at the U.S. Supreme Court. Read the full post online here at the "Power Line" blog. Update: This post has been edited to conform to edits made to the original post to which I linked. Posted at 20:10 by Howard Bashman That was fun: I had a great time appearing this evening on MSNBC's "The Abrams Report" with Dan Abrams. A transcript should be available online tomorrow. My wife commented that I was the only guest who seemed to retain composure, but perhaps that's because Dan agreed with my assessment of the Third Circuit's ruling yesterday in the Solomon Amendment case. My radio appearance tomorrow morning to discuss yesterday's Solomon Amendment ruling, on the Michael Smerconish show on WPHT 1210 AM in Philadelphia, has been pushed back to an 8 a.m. start time. Posted at 20:02 by Howard Bashman "Man, I Throw Like a Woman: The Supreme Court explores the subtleties of sex and basketball." Dahlia Lithwick has this Supreme Court dispatch this evening. Posted at 19:55 by Howard Bashman "Unsolomonic...and unfair": The blog "Power Line" posts an email from a reader in connection with yesterday's Third Circuit ruling. Posted at 15:35 by Howard Bashman "Slate's Jurisprudence: High Court's High Season." Today's broadcast of NPR's "Day to Day" contained this segment (RealPlayer required) featuring Dahlia Lithwick. Posted at 15:25 by Howard Bashman The U.S. Supreme Court is the likely next stop for the Solomon Amendment case decided yesterday in the U.S. Court of Appeals for the Third Circuit: Normally, once a three-judge panel of a U.S. Court of Appeals decides a case, the losing party has the option to seek rehearing en banc before all non-recused active judges (or, in the Ninth Circuit, before a panel of eleven judges). In the Third Circuit, however, rehearing en banc is not available if a majority of the judges in regular active service is recused from hearing a case. A notice enclosed with the copy of yesterday's Third Circuit ruling that the court sent to me by mail indicates that a majority of the Third Circuit's active judges is recused from the case. As a result, the U.S. Supreme Court is the one and only place where the federal government will have any realistic possibility of getting yesterday's ruling by a divided three-judge Third Circuit panel overturned. Often the U.S. Supreme Court will refrain from hearing cases that involve the grant or denial of a preliminary injunction, because that relief will be superseded once the trial court issues its final adjudication. In this instance, however, that usual reluctance may not exist, because yesterday's Third Circuit ruling leaves little doubt how the case must be resolved on the merits in the district court. Posted at 15:00 by Howard Bashman "Appeals Court Rules Against Pot Ad Ban": The Associated Press provides this report on a ruling that the U.S. Court of Appeals for the First Circuit issued yesterday. Posted at 14:44 by Howard Bashman "Federal appeals court to rehear Lynn desegregation plan": The Daily Item of Lynn, Massachusetts contains this article today. Posted at 14:44 by Howard Bashman "High Court Limits Lending Law Damages": Reuters provides this report. Posted at 14:35 by Howard Bashman Upcoming TV and radio appearances: In connection with yesterday's ruling of the U.S. Court of Appeals for the Third Circuit in the Solomon Amendment case, in which I had filed an amicus brief on behalf of three law student veterans' groups, I will be appearing this evening on the MSNBC program "The Abrams Report" with Dan Abrams, which will be televised from 6 p.m. to 7 p.m. eastern time. And tomorrow morning, those in the Philadelphia area can hear me interviewed on the Michael Smerconish show on WPHT 1210 AM at 7 a.m. Posted at 14:25 by Howard Bashman "Court Limits Damages for Misleading Loans": Gina Holland of The Associated Press provides this report. Posted at 11:52 by Howard Bashman "Court Asked To Drop China Spy Case; Lawyers Say Access to Key Witness Blocked": Josh Gerstein has this article today in The New York Sun. Posted at 11:50 by Howard Bashman "If Republicans change Senate rules, it could come back to bite them": This editorial appears today in The Austin American-Statesman. Posted at 11:00 by Howard Bashman "An Unsolomonic decision": This post about yesterday's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Third Circuit in the Solomon Amendment case appears today at the "Power Line" blog. Earlier this morning, I collected press coverage of the ruling in a post you can access here. Posted at 10:44 by Howard Bashman The Supreme Court of the United States issued one opinion today: Justice Ruth Bader Ginsburg wrote the opinion of the Court in Koons Buick Pontiac GMC, Inc. v. Nigh, No. 03-377, and the judgment under review was reversed and remanded. You can access the syllabus at this link; Justice Ginsburg's majority opinion at this link; the concurring opinion of Justice John Paul Stevens at this link; the concurring opinion of Justice Anthony M. Kennedy at this link; the opinion concurring in the judgment of Justice Clarence Thomas at this link; and the dissenting opinion of Justice Antonin Scalia at this link. And you can access the oral argument transcript at this link. Posted at 10:00 by Howard Bashman "Veterans willing to wait on plan to relocate cross": The San Diego Union-Tribune today contains an article that begins, "Most of the county's veterans are long removed from the battlefield, but a new twist in the dispute over the Mount Soledad cross shows they haven't lost their taste for a fight." Posted at 09:55 by Howard Bashman "Alabama clings to segregationist past; US state with racist history votes to keep 'separate schools for white and coloured children' as part of constitution": The Guardian (UK) contains this article today. Posted at 09:52 by Howard Bashman "U.S. judges await ruling on sentencing guidelines": This article appears today in The Pittsburgh Post-Gazette. Will today be the day? We shall learn the answer very soon. Posted at 09:45 by Howard Bashman "Supreme Court Examines Gender Equity Law": Hope Yen of The Associated Press provides this report. And FindLaw columnist Joanna Grossman today has an essay entitled "Does Title IX Prohibit Retaliation Against Coaches Who Point Out Sex Discrimination? The Supreme Court Hears Argument On This Issue Today." Posted at 09:40 by Howard Bashman On today's broadcast of NPR's "Morning Edition": The broadcast contained segments entitled "Supreme Court Case Tests Title IX Protections" (featuring Nina Totenberg) and "Court: Colleges May Ban Military Recruiters." RealPlayer is required to launch these audio segments. Posted at 09:35 by Howard Bashman C-SPAN's "Road to the White House" featuring Ana Marie Cox of Wonkette.com: On November 13, 2004, she delivered the keynote address at the Online News Association's annual conference in Hollywood, California. You can view the video by clicking here (RealPlayer required). Posted at 08:40 by Howard Bashman "Court hears medical marijuana case; Justices consider California statute vs. U.S. drug laws": Jan Crawford Greenburg has this article today in The Chicago Tribune. David G. Savage of The Los Angeles Times reports that "Justices Take On Medical Pot Law; There's no consensus as the high court debates whether U.S. antidrug policy supersedes California's medical marijuana exception." Michael McGough of The Pittsburgh Post-Gazette reports that "Medical marijuana case puts Supreme Court in curious spot." Bob Egelko of The San Francisco Chronicle reports that "Medical pot case in court; 2 California women plead their case before justices." And Josh Richman of The Oakland Tribune reports that "Pot case heard at the top; Oaklander finds a little sympathy on Supreme Court, but next year's ruling is tough to predict." USA Today reports that "Justices doubtful about medical marijuana; Exception to federal anti-drug law could lead to abuse, Souter says." The Baltimore Sun reports that "Justices skeptical over patients' use; Court hears arguments in Calif. medical marijuana case." The Hartford Courant reports that "Marijuana Case Heard; Before Supreme Court, Lawyers Debate California Law On Medicinal Use." The San Jose Mercury News reports that "Medicinal marijuana gets court skepticism; Justices will rule on law for California pot use." The Sacramento Bee reports that "Justices debate medical pot; Supreme Court appears cool to 2 women's pleas to uphold California law." And Financial Times reports that "Principle of states' rights challenged in marijuana case." Posted at 07:30 by Howard Bashman Death notice for Laury Gordon Estrada: The Washington Post contains this death notice today. Posted at 07:20 by Howard Bashman "Colleges Can Bar Army Recruiters": Adam Liptak has this article today in The New York Times. The Harvard Crimson contains an article headlined "Court: Solomon Rule Invalid; Federal appeals court sides with universities seeking to block military recruiters." Both of those articles contain quotes from me. In other coverage, The Philadelphia Inquirer reports that "Court says colleges can bar military recruiters; Forcing universities to allow them or lose aid is a free-speech violation." The Los Angeles Times reports that "Campuses May Bar Military Recruiters; A federal appeals court rules that universities' free-speech rights are incompatible with the Pentagon's policy on gays and lesbians." The Boston Globe reports that "Pentagon ordered to halt law school recruiting tactics." CNN.com reports that "Court halts penalty for barring recruiters; Law allows government to withhold funds to colleges." The Yale Daily News reports that "Court allows recruiter ban; Appeals court ruling may impact Yale lawsuit." The Daily Pennsylvanian reports that "Local court of appeals strikes controversial military recruiting law; U.S. Third Circuit Court of Appeals declares Solomon Amendment unconstitutional." And Washington Square News reports that "Solomon amendment overturned; Appeals court rules colleges can bar military recruiters." Posted at 07:05 by Howard Bashman Monday, November 29, 2004
Further reaction to today's ruling by the U.S. Court of Appeals for the Third Circuit holding that the Solomon Amendment should be preliminarily enjoined as unconstitutional: At "The Volokh Conspiracy," both Orin Kerr and David Bernstein have posted about the ruling. And the blog "Power Line" offers a post titled "Philosophizing disgrace."
Posted at 23:42 by Howard Bashman
In Tuesday's issue of The New York Times: Linda Greenhouse will report that "States' Rights Defense Falters in Medical Marijuana Case." And Neil A. Lewis will have an article headlined "Red Cross Finds Detainee Abuse in Guantanamo." Posted at 23:28 by Howard Bashman Available online from law.com: Tony Mauro reports that "Justices Dubious of Medical Marijuana." Marcia Coyle has an article headlined "High Court Press: Coach seeks to expand civil rights reach of Title IX." Shannon P. Duffy reports that "3rd Circuit Voids Law School Funding Restriction." Jonathan Ringel reports that "Giant Suit Against Car Insurers Broadsided by 11th Circuit." And in other news, "Guantanamo Detainee Cases Torn Between Two Judges; The DOJ wanted one judge to handle motions in the cases, but it ended up with both a Carter appointee and a Bush appointee." Posted at 23:05 by Howard Bashman In Tuesday's edition of The Washington Post: Charles Lane will report that "High Court Not Receptive to Marijuana Case; Medical Use Seen As Subject to Regulations." In other news, "U.S. Loses Ruling Over College Bans on Military Recruiters." An article will report that "Rights Groups Urge Scrutiny Of Gonzales." And a front page article will bear the headline "Luring Pro Bono Lawyers For Death Row's Forgotten." Posted at 22:55 by Howard Bashman "Colleges Can Bar Army Recruiters": Adam Liptak will have this article in Tuesday's issue of The New York Times. And Tuesday's issue of The Philadelphia Inquirer will report that "Law putting military recruiters on campus invalidated." Posted at 22:30 by Howard Bashman "Peterson's bid for new jury, change of venue rejected": The San Francisco Chronicle provides this news update. Posted at 21:50 by Howard Bashman "Calif. Court: No New Peterson Jury." The Associated Press reports here that "The California Supreme Court on Monday rejected a request from Scott Peterson's lawyers that a new jury be selected to decide whether he should get the death penalty. The ruling clears the way for the penalty phase to start on Tuesday." Posted at 21:10 by Howard Bashman This evening's broadcast of the PBS program "The NewsHour with Jim Lehrer" reports on today's U.S. Supreme Court oral argument in the medical marijuana case: You can play the audio from this evening's report by clicking here (RealPlayer required). Posted at 20:55 by Howard Bashman Funeral arrangements for Laury Estrada: Reported here, at the blog "Southern Appeal." Posted at 20:24 by Howard Bashman Law Professor Eugene Volokh comments on today's ruling by the U.S. Court of Appeals for the Third Circuit holding that the Solomon Amendment should be preliminarily enjoined as unconstitutional: Professor Volokh, who knows a thing or two about the First Amendment, writes that "I think the court was likely mistaken, for complicated reasons that I'm too swamped to go into right now." But unlike Pierre de Fermat, who observed that "I have discovered a truly remarkable proof which this margin is too small to contain," Professor Volokh goes on to opine that "I think this is an important case, and I predict that, if the Third Circuit doesn't hear it en banc (I have no prediction on whether it will or it won't, since I don't know how the Third Circuit operates), the U.S. government will ask the Supreme Court to hear the case, and the U.S. Supreme Court will agree to hear it." Posted at 19:44 by Howard Bashman Available online at "SCOTUSblog": Lyle Denniston has a post entitled "The federalism revolution -- revisited." And Marty Lederman has a related post entitled "Further Thoughts on Ashcroft v. Raich." Posted at 19:42 by Howard Bashman "Federal Appellate Court Strikes Solomon Amendment; Military May Not Force Law Schools to Give Access to Military Recruiters": The law firm of Heller Ehrman White & McAuliffe LLP has issued this press release today. And I have had the pleasure this afternoon of giving several interviews to members of the press about today's ruling of the U.S. Court of Appeals for the Third Circuit in this case, in which I filed this amicus brief as counsel for several law student veterans' groups. Posted at 19:22 by Howard Bashman "Supreme Court Hears Arguments on Medical Use of Marijuana": Linda Greenhouse has this news update online at the web site of The New York Times. Posted at 19:15 by Howard Bashman "Justices appear unlikely to OK medical use of marijuana": Stephen Henderson of Knight Ridder Newspapers provides this report. Posted at 19:04 by Howard Bashman "Justices appear unlikely to OK medical use of marijuana": Stephen Henderson of Knight Ridder Newspapers provides this report. Posted at 19:04 by Howard Bashman "Dude, Where's My Integrity? Medical marijuana tests the Supreme Court's true love of federalism." Slate has just posted online this Supreme Court dispatch by Dahlia Lithwick. Posted at 19:00 by Howard Bashman "A test of how far Title IX protections reach: The Supreme Court Tuesday considers the case of a fired coach who had railed against conditions for female athletes." Warren Richey will have this article in Tuesday's issue of The Christian Science Monitor. Posted at 18:03 by Howard Bashman On this evening's broadcast of NPR's "All Things Considered": The broadcast contained segments entitled "Supreme Court Hears Arguments on Medical Marijuana" (featuring Nina Totenberg) and "Analysis: Legal Use of Medical Marijuana." Posted at 17:55 by Howard Bashman "Schools Win Battle Over Campus Recruiting": The Associated Press reports here that "A federal appeals court Monday barred the Defense Department from withholding funds from colleges and universities that deny access to military recruiters." Posted at 17:33 by Howard Bashman "Court Weighs Challenge to Medical Marijuana": David G. Savage of The Los Angeles Times provides this news update. Online at law.com, Tony Mauro has an update headlined "Justices Dubious of Medical Marijuana" that begins, "The Supreme Court on Monday appeared ready to accept Bush administration arguments that California's medical marijuana law interferes too much with federal efforts to combat illicit drugs." And Law Professor Lawrence Solum, at his "Legal Theory Blog," offers this very detailed account of today's U.S. Supreme Court oral argument. Posted at 17:30 by Howard Bashman "Federal court strikes down military recruitment on campuses": The Philadelphia Inquirer provides a news update that begins, "A divided federal appeals court in Philadelphia today invalidated the Solomon Amendment, the 10-year-old federal law that requires universities to give campus access to military recruiters or forfeit federal funding." Posted at 15:42 by Howard Bashman "The trouble with press accounts of Supreme Court cases": Law Professor Eugene Volokh offers this post today. While Eugene's criticism of the news account that he examines has much to recommend it, I am struck by the fact that every early report on today's U.S. Supreme Court oral argument involving medical marijuana states that the Court appears inclined to rule in favor of the federal government. Even if this were not in line with my earlier prediction, I'd still think that the unanimity of veteran observers' impressions is noteworthy. Posted at 15:20 by Howard Bashman Fifty-nine percent of adults in the United States don't know what job or political office is now held by William H. Rehnquist: The Associated Press is continuing to publicize the results of its latest poll, now in an article headlined "Poll: Americans Want Roe v. Wade Upheld." A related graphic can be accessed here. The underlying data, which give rise to the title of this post, can be found in an item headlined "Supreme Court Retirement Poll Method." Posted at 15:06 by Howard Bashman "Supreme Court Considers Medical Marijuana Case": James Vicini of Reuters provides this report. And Bloomberg News reports that "Medical Marijuana Draws Skepticism at U.S. Top Court." Posted at 14:45 by Howard Bashman BREAKING NEWS -- Divided three-judge panel of the U.S. Court of Appeals for the Third Circuit directs the entry of a preliminary injunction against enforcement of the Solomon Amendment: You can access today's ruling at this link. As today's majority opinion explains at its outset, "The Solomon Amendment, 10 U.S.C. §983, requires the United States Department of Defense ('DOD') to deny federal funding to institutions of higher education that prohibit military representatives access to and assistance for recruiting purposes." Third Circuit Judge Thomas L. Ambro wrote the majority opinion, in which Senior Third Circuit Judge Walter K. Stapleton joined. Senior Third Circuit Judge Ruggero J. Aldisert wrote a dissenting opinion. This is a major First Amendment free speech victory by various law schools against the U.S. Department of Defense. The U.S. Congress, meanwhile, fervently continues to support the Solomon Amendment. It will be interesting to see whether the federal government will seek en banc review from the Third Circuit or will seek to have the U.S. Supreme Court reverse the Third Circuit's ruling. Much more information about this litigation can be accessed via this link. Posted at 14:02 by Howard Bashman "UR denied Supreme Court review": The Rochester Democrat and Chronicle provides a news update that begins, "The U.S. Supreme Court today denied the University of Rochester's request for a review of rulings that invalidated the university's patent on a class of drugs that include the multimillion-dollar Celebrex." Posted at 13:55 by Howard Bashman "Take Our Ninth Circuit Court--Please!" Last Tuesday, The Wall Street Journal published a letter to the editor from Ninth Circuit Judges Diarmuid F. O'Scannlain and Richard C. Tallman responding to the op-ed entitled "Don't Split the Ninth Circuit!" written by Ninth Circuit Judges Alex Kozinski and Sidney R. Thomas published in The Wall Street Journal on November 10, 2004. The op-ed is freely available online to all, while the letter to the editor is available only to paid subscribers of The WSJ's online content. To allow the letter to the editor to reach additional readers, one of its co-authors has sent along its text, which I am now posting online: The op-ed to which this letter responds can be accessed here. Posted at 12:50 by Howard Bashman "Wary Court Considers Medical Marijuana": Gina Holland of The Associated Press provides this report. Posted at 12:24 by Howard Bashman "Once a Felon, Is Man Now a Victim? Steven Gates' new life was shattered by a TV show years after he left prison; His case pits his right to privacy against the 1st Amendment." Maura Dolan has this article today in The Los Angeles Times. Posted at 12:00 by Howard Bashman In Kansas, man will soon stand trial "as the first person in America whose DNA was charged with a crime": This article appeared Saturday in The Wichita Eagle. Posted at 11:45 by Howard Bashman "My Name is Angel Raich": The web site of Drug Policy Alliance offers this open letter today. Ms. Raich is one of the parties in the medical marijuana case argued today before the U.S. Supreme Court. Posted at 11:40 by Howard Bashman "The Becker-Posner Blog": A former colleague of mine forwards this link, which a Google search has revealed. I've added the site's feed to my Bloglines account. Posted at 11:35 by Howard Bashman "Justices Could Decide Officer's Right to Make Pornography": Josh Gerstein of The New York Sun has this article today in that newspaper. Posted at 10:40 by Howard Bashman Today's U.S. Supreme Court Order List: Today's Order List can be viewed at this link. The Court granted review in only one case and summarily affirmed in another. In early press coverage, Gina Holland of The Associated Press reports that "Court Declines to Hear Gay Marriage Case." Hope Yen reports that "Court Sidesteps Campaign Spending Case." And The AP reports that "Ruling on Hitler Artwork to Stand." Posted at 10:00 by Howard Bashman "High court departures may not pose threat to affirmative action": This article appears today in The Michigan Daily. And The Daily Bruin reports today that "Professor's study on race stirs debate." Meanwhile, on a related topic, The Washington Post today contains an editorial entitled "Diversity Stymied." Posted at 09:58 by Howard Bashman "High Court to Hear Medical Marijuana Case": Gina Holland of The Associated Press provides this report. Posted at 09:40 by Howard Bashman "High Court to Rule on Medical Marijuana": Today's broadcast of NPR's "Morning Edition" contained this segment (RealPlayer required) featuring Nina Totenberg. Posted at 09:33 by Howard Bashman In sympathy: The Charlotte Observer today reports that "U.S. District Judge Brent McKnight dies; Former prosecutor; also winner of Morehead, Rhodes honors." He was 52 years old. Also in our prayers is former D.C. Circuit nominee Miguel A. Estrada, whose wife passed away this weekend. Posted at 09:24 by Howard Bashman "A Defeat In Illinois for Suits Asking the Gun Industry to Better Screen Customers: Why It Was the Right Decision." FindLaw columnist Anthony J. Sebok has this essay today. Posted at 07:00 by Howard Bashman "Bush High Court Choice Should Back Abortion Rights, Poll Shows": Bloomberg News provides this report. Posted at 06:50 by Howard Bashman "Supreme Court to hear marijuana case; Power of Congress to override Calif. law under review": This article appears today in The Boston Globe. The Baltimore Sun reports today that "Drug case highlights power struggle; Local, federal authorities split on medical marijuana; Supreme Court to hear case today." And today in The Los Angeles Daily News, Gary Galles had an op-ed entitled "Clause can make state laws go to pot; Government: medical marijuana is violation of commerce statute." Posted at 06:40 by Howard Bashman Sunday, November 28, 2004
"Preserving the Power of Congress": Monday's issue of The New York Times will contain an editorial that begins: "The Supreme Court is hearing arguments today in a case involving two important, but very different, legal issues: medical marijuana and federalism."
Posted at 23:50 by Howard Bashman
"Bribery trial to begin, developer Sabri defiant": This article will appear Monday in The Minneapolis Star Tribune. Posted at 23:48 by Howard Bashman In Monday's edition of The Los Angeles Times: Tomorrow's newspaper will contain articles headlined "Vaccine Injury Claims Face Grueling Fight; Victims increasing view a federal compensation program as adversarial and tightfisted" and "The People's Verdict: Going to Court in China Pays Off." Posted at 23:44 by Howard Bashman "Chipping Away at Roe vs. Wade": This editorial appears today in The Los Angeles Times. Posted at 23:40 by Howard Bashman Charles Lane is reporting: In Monday's issue of The Washington Post, he will have articles headlined "Court to Hear Marijuana Case; Legality of Cultivating Plant for Medical Use Is at Issue" and "In Leak Case, Reporters Lack Shield For Sources." Posted at 23:32 by Howard Bashman Here come the Justices: The San Diego Union-Tribune reports today that "High court to be in session in San Diego; State justices to hear arguments at USD." Posted at 21:52 by Howard Bashman "Sons' court cases pose dilemma for 2 judges; The state's practice raises questions about objectivity, experts say": This article appears today in The Honolulu Star-Bulletin. Posted at 21:50 by Howard Bashman "A Mother's Torment Resumes; A young Huntington Beach girl was slain in 1979; Her mother now awaits the ordeal of a retrial of man twice convicted in death": Claire Luna of The Los Angeles Times has this article today. Posted at 21:48 by Howard Bashman "Inmate finds hope in Supreme Court ruling": This article appears today in The Lincoln (Neb.) Journal Star. Posted at 21:45 by Howard Bashman "Justices to Hear Arguments on Interstate Wine Sales": Monday's edition of The New York Times will contain this article. And Monday's edition of Financial Times contains an article headlined "Wine bar means limited choice in land of free." Posted at 21:44 by Howard Bashman "Now free, immigrant's fate in court's hands; Daniel Benitez, a Mariel refugee whose case is before the U.S. Supreme Court, has spent more than half his life in the United State behind bars; He has been released--though still under immigration control": This article appears today in The Miami Herald. Posted at 21:42 by Howard Bashman "Shock and Awe In the Senate: The filibuster protects minority rights, enabling government to measure and respect not merely numbers but intensity in political disputes." Columnist George F. Will will have this essay in the December 6, 2004 issue of Newsweek. Posted at 21:40 by Howard Bashman "Ensley High coach takes discrimination fight to D.C.": The Birmingham News today contains this article about a case to be argued before the U.S. Supreme Court on Tuesday. And in other coverage, The Hartford Courant reports today that "Coach's Title IX Case Pivots On Retribution." Posted at 21:10 by Howard Bashman On this date in 1975: Twenty-nine years ago today, President Gerald R. Ford nominated John Paul Stevens to serve on the Supreme Court of the United States. Posted at 20:45 by Howard Bashman The one year anniversary of the mysterious death of Assistant U.S. Attorney Jonathan Luna is on the horizon: The Associated Press reports that "A year later, federal prosecutor's death still a mystery." The federal prosecutor's dead body was discovered in Lancaster County, Pennsylvania on December 4, 2003. The Baltimore Sun has collected here its coverage of the Jonathan Luna matter. Posted at 20:15 by Howard Bashman "To Break the Stalemate, Give Judges Less Than Life": Norman Ornstein has this op-ed today in The Washington Post. Posted at 19:45 by Howard Bashman "Terry Nichols confessed": This article appears today in The Oklahoman. For those unwilling to register to access articles over that newspaper's web site, "TalkLeft" offers more details here. Posted at 19:38 by Howard Bashman "Medical Marijuana, Sex Bias on Justices' Agenda": This evening's broadcast of NPR's "All Things Considered" included this segment (RealPlayer required) featuring Nina Totenberg. Posted at 18:22 by Howard Bashman In Monday's issue of The Christian Science Monitor: Warren Richey will have an article headlined "Showdown over medical marijuana: The Supreme Court hears a California case Monday that could become a signature decision of the Rehnquist era." And in other news, "Political battles over gay marriage still spreading; 12 more states may vote on banning it in 2006." Posted at 18:15 by Howard Bashman "Poll: Most Support Justice Retirement Age." The Associated Press reports here that "Six in 10 Americans say there should be a mandatory retirement age for Supreme Court justices, according to an Associated Press poll." A related item is headlined "Supreme Court Retirement Poll Method." Earlier this year, the Virginia Law Review published an article titled "Saving this Honorable Court: A proposal to replace life tenure on the Supreme Court with staggered, nonrenewable eighteen-year terms." I'm fond of the article because one of my "20 questions for the appellate judge" interviews is cited as a source in footnote 74. Posted at 15:00 by Howard Bashman "Full Court Press: How the Supreme Court is going to be Reaganized." The New Republic Online today recycles this essay by Fred Barnes. The piece first appeared in the June 10, 1985 issue of that magazine. (Via "Crescat Sententia.") Posted at 13:20 by Howard Bashman Sending birthday wishes: Denise Howell's pioneering blawg "Bag and Baggage" turns three years old today. And her adorable son turned one yesterday. Posted at 13:15 by Howard Bashman "Asbestos injury bill is gaining; GOP Senate wins spur business hopes, but fund issues remain": This article appears today in The Sacramento Bee. Posted at 13:10 by Howard Bashman "Mr. Smith Goes Under the Gavel": The New York Times today contains an editorial that begins: Republicans control the White House, both houses of Congress and the Supreme Court. But the greater their power, the more they have focused on one of its few limits: the Senate filibuster. They are so concerned that Democrats will use the filibuster to block a few far-right judicial nominees that they are talking about ending one of the best-known checks and balances in government. Rather than rewrite the rules of government for a power grab, Republicans should look for ways to work with Democrats, who still represent nearly half the country.You can access the entire editorial at this link. Posted at 13:04 by Howard Bashman "Senate Republicans threaten to go 'nuclear' to end judicial filibusters; Legislative weapon would end delays over some Bush nominations": This article appeared yesterday in The Austin American-Statesman. Posted at 09:20 by Howard Bashman "Minority whip discusses role in federal judgeships": The St. Louis Post-Dispatch yesterday posted online the text of an interview with U.S. Senator Richard J. Durbin (D-IL). Posted at 09:10 by Howard Bashman "High Court Cases Show 2 Sides of Conservatism; It's law and order vs. limited government in medical marijuana and wine-shipping disputes": David G. Savage has this article today in The Los Angeles Times. The LATimes also reports today that "California Women Make a New Case for Medical Marijuana; Aghast at federal agents' raids after 9/11, they sue the government, saying the commerce clause of the Constitution doesn't apply to the pot they use." Meanwhile, in The San Francisco Chronicle, Bob Egelko today has articles headlined "Medical marijuana before Supreme Court; Federal power to control drug use vs. states' health care laws" and "Coping with a life full of pain; Plaintiff uses medical marijuana every 2 hours, but doesn't get high." Posted at 09:04 by Howard Bashman "Rehnquist to miss court session": Michael McGough of The Pittsburgh Post-Gazette has this article today. Posted at 09:00 by Howard Bashman Saturday, November 27, 2004
"Foreseeing Greatness? Measurable Performance Criteria and the Selection of Supreme Court Justices." Via SSRN, you can download this paper by Law Professor James J. Brudney.
Posted at 23:40 by Howard Bashman
In Sunday's edition of The Washington Post: A front page article reports that "Alabama Vote Opens Old Racial Wounds; School Segregation Remains a State Law as Amendment Is Defeated." And in other news, a front page article is headlined "'04 Voting: Realignment -- Or a Tilt? Political Parties Look for Answers." Posted at 22:55 by Howard Bashman "ACLU supports suit filed by Falwell critic; Group files brief in trademark dispute involving Web site": The Associated Press provides this report from Richmond, Virginia. Posted at 20:12 by Howard Bashman "Evidence at Issue as Woman's Execution Nears; Lawyers for Frances Newton, convicted of killing her family in Houston, seek new tests": This article appears today in The Los Angeles Times. Posted at 20:05 by Howard Bashman ACLU files appeal in Colorado "Howling Pig" case: The Denver Post reports today that "ACLU appeals case challenging libel law." And late last month, The Greeley Tribune published an article headlined "Weld DA's office cleared in 'Howling Pig' case" reporting on the ruling of the U.S. District Court for the District of Colorado that is the subject of the ACLU's appeal. Posted at 19:50 by Howard Bashman "Courting justice in God's country; Rural Dolores County needs a judge; law degree not a requirement": This article appeared yesterday in The Denver Post. Posted at 19:45 by Howard Bashman "Chief Justice's absence will continue": Lyle Denniston online at "SCOTUSblog" reprints here the latest official statement from U.S. Supreme Court spokesperson Kathleen L. Arberg. Posted at 19:40 by Howard Bashman "We all need some compensation; Kids on 70s Pink Floyd song in royalties battle": The Mirror (UK) contains this article today. The Times of London reports that "Payout after Pink Floyd leaves them kids alone." The Guardian (UK) offers an article headlined "Royalties bid by Pink Floyd school chorus." The Telegraph (UK) reports that "Pink Floyd singers can cash in at last." And BBC News reports that "Pink Floyd pupils claim royalties." Posted at 19:30 by Howard Bashman "Gay-rights dispute lingers in Boyd schools": The Courier-Journal of Louisville, Kentucky contains this article today. Posted at 19:15 by Howard Bashman "Enlisting Law Schools in Campaign for Animals": This article appears today in The New York Times. Posted at 19:11 by Howard Bashman "Toddler's testimony won't be heard; State Supreme Court won't allow videotapes of child as evidence": The Salem (Ore.) Statesman Journal today contains this article reporting on a decision that the Supreme Court of Oregon issued yesterday. Posted at 10:35 by Howard Bashman "Widowed gays win survivor pensions; Toronto activist led 1,300 others in 18-year battle; Appeal court ruling could cost $80M in pension payments": This article appears today in The Toronto Star. And The Toronto Globe and Mail reports today that "Same-sex couples win pension fight; Ottawa violated rights in denying CPP benefits, Ontario Court of Appeal rules." Posted at 10:30 by Howard Bashman Lesbians win on appeal: The Indianapolis Star today contains an article headlined "Court extends rights to gay mom; Judges prod lawmakers to address family issues raised by new social reality and reproductive technology" reporting on a decision that the Court of Appeals of Indiana issued on Wednesday. And The Daily News of Galveston County, Texas reports today that "Appeals court upholds lesbian adoption." You can access online both the memorandum opinion and a concurring memorandum opinion that the Court of Appeals for the First District of Texas issued on Tuesday. Posted at 10:20 by Howard Bashman "Leaders support required jail time; As other states mull '3 strikes' laws, Florida officials tout mandatory terms": This article appears today in The Orlando Sentinel. And The Indianapolis Star today contains an editorial entitled "Guilty of sentencing beyond evidence." Posted at 10:15 by Howard Bashman "GOP isn't a lock for Senate rule": The New York Daily News yesterday contained an article that begins, "Republican dreams of forging a filibuster-proof Senate majority in 2006 are unlikely to succeed despite the party's solid gains this year, according to political analysts." Posted at 10:05 by Howard Bashman "Pickering's fate uncertain; White House mum on renomination; Judge's recess appointment to 5th Circuit coming to an end": The Clarion-Ledger of Jackson, Mississippi contains this article today. Posted at 10:04 by Howard Bashman "Hatch is upbeat in waning days of chairmanship": This article appears today in The Deseret Morning News. Posted at 10:02 by Howard Bashman "Shaw on recovery path with new job": Sunday's edition of The Sun-Herald of Australia contains an article that begins, "Former Supreme Court judge Jeff Shaw has begun rebuilding his legal career as a consultant to a leading city law firm." Posted at 10:00 by Howard Bashman "Touring Commandments make a symbolic stop; Alabama tablet pulls up alongside contested display outside courthouse": This article appears today in The Houston Chronicle. Posted at 09:50 by Howard Bashman "Local Time: Will the Supreme Court save federalism from the conservatives?" Reason yesterday posted online this essay by Jacob Sullum. And syndicated columnist James J. Kilpatrick has an essay entitled "Doctors and the Law." Both of these essays discuss the medical marijuana case to be argued Monday before the Supreme Court of the United States. Posted at 08:20 by Howard Bashman Friday, November 26, 2004
"Chief Justice Won't Return to the Court This Year": Linda Greenhouse will have this article in Saturday's edition of The New York Times.
Posted at 23:40 by Howard Bashman
"Terror Case Hinges on a Wobbly Key Player": |