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Friday, October 31, 2008 "Nottingham might have made 'false statements'": Today's edition of The Denver Post contains an article that begins, "A judicial investigation into former Chief U.S. District Judge Edward W. Nottingham Jr.'s ties to local prostitutes effectively concluded with Nottingham's resignation, but his problems might not be at an end." And law.com reports that "10th Circuit Drops Judicial Conduct Probe of Former Federal Judge." "High Court Case Turns Political Spotlight on Pre-emption": law.com's Tony Mauro provides this report. Posted at 11:14 PM by Howard Bashman "Ted Olson Wins Supreme Court Showdown": Tony Mauro has this post at "The BLT: The Blog of Legal Times." At "SCOTUSblog," Lyle Denniston has a post titled "Olson will argue on Monday." And the news blog of The Providence (R.I.) Journal has posts titled "Larisa hands off Indian land case to Olson" and "Court: Settle feud in tribal land case yourselves." You can access today's order of the U.S. Supreme Court at this link. Although we may never know whether Larisa's oral argument would have been superior to Olson's, we now do know that Olson and/or his clients have proved more adept at the game of chicken. "Cover-Up Alleged in D.C. Killing Of Lawyer": Saturday's edition of The Washington Post will contain an article that begins, "A police affidavit made public yesterday provided a wealth of new details about one of the District's most mysterious homicide cases, yet it failed to answer the central questions of who killed prominent lawyer Robert Wone in an elegant Dupont Circle townhouse -- and why." And law.com reports that "Arrest Made in Murder of Washington Lawyer; Police say residents of home co-owned by Arent Fox partner obstructed homicide investigation." "The BLT: The Blog of Legal Times" today posted the arrest affidavit at this link. "Doctor found no injury on Joyce": The Erie (Pa.) Times-News today contains this article reporting on the federal criminal trial of former Pennsylvania Superior Court Judge Michael T. Joyce. Posted at 10:45 PM by Howard Bashman "Sex Toy Sales Now Completely Legal In Fifth Circuit; Texas decides not to seek cert in Reliable Consultants case": AVN Media Network provides this report. My earlier coverage of the Fifth Circuit's ruling from February 2008 appears here and here. "Justice Alito, Phillies Phanatic": Tony Mauro has this post today at "The BLT: The Blog of Legal Times." Therein, Tony writes that "Alito, a Phillies fan since he was 4 or 5 years old, granted a rare in-chambers interview Friday to convey his enthusiasm about the World Series victory after a 28-year drought." And thanks to the many readers of this blog -- including two federal appellate judges -- who have emailed to congratulate me on the amazing end to the Phillies season this October. "Supreme Court to hear case about indecent speech on TV": Bill Mears of CNN.com provides this report. And in a somewhat related report from today's Phillies celebration, Ken Mandel of MLB.com has an article headlined "Utley, edited: World [Series] champions!" At least this will give Justice Samuel A. Alito, Jr. or his temporarily foul-mouthed friend, Carter G. Phillips, an opportunity to quote Chase Utley at next Tuesday's oral argument of Federal Communications Commission v. Fox Television Stations, Inc. (As shown on this YouTube clip, Philadelphia's Fox affiliate broadcasted the f-word over the public airwaves live earlier this afternoon.) Sadly, as Lyle Denniston reports here at "SCOTUSblog," no same-day audio of Tuesday's oral argument will be made available for broadcast by C-SPAN. Programming note: I and a certain other family member have seats inside Citizens Bank Park this afternoon for the 2008 Philadelphia Phillies World Series Championship Celebration. Additional posts will appear here later today. Posted at 09:55 AM by Howard Bashman "Judge Rejects Motion to Keep Bin Laden Driver Locked Up": Jess Bravin of The Wall Street Journal has this report. You can access the ruling at this link. Posted at 08:10 AM by Howard Bashman "Abortion debate central for some voters": Joan Biskupic has this article today in USA Today. Posted at 08:00 AM by Howard Bashman "Attorney general's private trips have cost taxpayers $155,800": Marisa Taylor of McClatchy Newspapers has this report. Posted at 07:58 AM by Howard Bashman Thursday, October 30, 2008 "Why Those 'Other' Federal Courts Are So Important In This Election: There is considerable opportunity for the next president to shape the legal landscape through appointments to the 13 federal appellate courts." Alexander Wohl has this essay online today at The American Prospect. Posted at 11:32 PM by Howard Bashman Available online from law.com: Mike Scarcella reports that "Federal Circuit Restricts Patent Protection of Business Methods; Court rules that methods or processes can't be patented unless they are tied to a machine or involve a physical transformation." And Shannon P. Duffy reports that "Lawyer Asks Federal Appeals Court to Revive Pa. Anti-Immigration Law; Case is described as the first major court challenge to a growing trend of local laws focusing on immigration concerns." "Navy judge refuses to re-sentence Bin Laden driver; A judge has spurned a Pentagon prosecutor's request to revisit the 66-month sentence of Osama bin Laden's driver on grounds he didn't have authority to grant credit for time serve": Carol Rosenberg of The Miami Herald has this news update. Posted at 08:45 PM by Howard Bashman "US jury convicts son of ex-Liberian president": The Associated Press provides a report that begins, "A federal jury on Thursday convicted the son of former Liberian President Charles Taylor in the first case brought under a 1994 U.S. law allowing prosecution for torture and atrocities committed overseas." And Jay Weaver of The Miami Herald has a news update headlined "Miami jury convicts ex-Liberian leader's son in torture case." "Amputee awaits high court, wants musical glow back": The Associated Press provides this report. Posted at 08:24 PM by Howard Bashman "FDA Memos Undercut Stance On Pre-Empting Drug Suits": This article appears today in The Wall Street Journal. Posted at 06:23 PM by Howard Bashman "Might vulgarity be quite proper?" This afternoon at "SCOTUSblog," Lyle Denniston has a post that begins, "Unless Chief Justice John G. Roberts, Jr., intervenes, some of the argument in the Supreme Court chamber next Tuesday morning may sound at times like a typical conversation in a seventh grade boys' restroom -- the uninhibited use of four-letter words." Posted at 04:35 PM by Howard Bashman "Court limits 'business method' patents": The Associated Press provides a report that begins, "A federal appeals court on Thursday ruled against a man trying to patent a business idea, a decision with far-ranging implications for the financial services and high-tech industries, which have major players on both sides of the issue." My earlier coverage of today's en banc Federal Circuit ruling appears at this link. "Panel says ex-judge Nottingham 'may have lied'": The Rocky Mountain News provides an update that begins, "Former U.S. District Court Judge Edward W. Nottingham may have lied to investigators about using his court-issued computer to access pornography, a special committee of the 10th Circuit Court of Appeals determined. The finding is revealed in an order issued this morning dismissing all complaints against Nottingham, one day after his resignation took effect." The Denver Post provides a news update headlined "Complaints dismissed against former Judge Nottingham." And Denver's NBC News affiliate 9News.com provides a report headlined "Special Committee: Nottingham may have made false statements." In connection with posting online this order, the web site of the U.S. Court of Appeals for the Tenth Circuit today contains a statement that "The Judicial Council of the Tenth Circuit issued the following final order terminating the proceedings involving Judge Nottingham as unnecessary in light of his full resignation, effective yesterday." Another apparently related order posted online today can be accessed here. "The preposition's the thing, court rules; Court applies grammar rules to void deadly conduct conviction": Today in The Austin American-Statesman, Chuck Lindell has an article that begins, "The law, it turns out, can be a harrowing preposition. Delivering a grammar lesson and playfully misquoting Shakespeare, the state's top criminal court Wednesday threw out the deadly conduct conviction of a Brazos County man who shot his hallway wall while fighting his twin brother in 2002." Yesterday's ruling of the Texas Court of Criminal Appeals consisted of a majority opinion and a concurring opinion. En banc U.S. Court of Appeals for the Federal Circuit decides what constitutes a "new and useful process" for purposes of patent eligibility: You can access today's 132-page ruling in In re Bilski at this link. Twelve judges participated in the ruling. Nine joined in the majority opinion, while the three remaining judges each issued separate dissenting opinions. The case has been viewed as exceptionally important because it involves the patentability of business methods. Joe Palazzolo of Legal Times covered the en banc oral argument in an article headlined "Judges Ask for More Concrete Patent Test; Federal Circuit argument over business method test answers few questions." "Ecuador choses new Supreme Court by lottery": According to this report from The Associated Press, even the lottery's winners aren't happy about the method of their selection. Posted at 11:10 AM by Howard Bashman "Video-game ban considered by appeals court": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "A state lawyer tried Wednesday to revive California's ban on selling violent video games to minors by arguing, to an apparently skeptical federal appeals court, that mayhem should be judged by the same obscenity standards as explicit sex." And The Associated Press reports that "Court weighs Calif. law on violent video games." The Ninth Circuit included a short description of the case in a recent news release titled "Ninth Circuit Plans Special Sitting at McGeorge School of Law." "FDA staff, White House disagreed on drug lawsuits, papers show; Waxman releases documents showing that regulators tried to guard injured patients' right to sue as the Bush administration pushed to shield drug makers; The Supreme Court takes up the issue Monday": David G. Savage has this article today in The Los Angeles Times. Posted at 09:54 AM by Howard Bashman "Gay married couples face legal limbo if Prop. 8 passes; Experts see a period of 'legal chaos' on the issue; A challenge to existing marriages would raise novel questions, so no one is certain how courts would rule": Maura Dolan and Jessica Garrison have this article today in The Los Angeles Times. Posted at 09:50 AM by Howard Bashman "Bin Laden propagandist smiles as jury sees his film; A Pentagon prosecutor presented a grisly al Qaeda recruiting video as evidence in Guantanamo trial of Osama bin Laden's 'media man'": Carol Rosenberg has this article today in The Miami Herald. Posted at 09:22 AM by Howard Bashman "Psychiatrist: Nichols angry, not deluded; Apology shows suspect not insane, witness testifies." This article appears today in The Atlanta Journal-Constitution. Posted at 09:18 AM by Howard Bashman "The Times has misspelled her name at least two dozen times since 1980; this is the first correction the paper has published." The New York Times today contains a "For the Record" correction that states, "An article in some editions on Wednesday about Fordham University's plan to give an ethics prize to Supreme Court Justice Stephen G. Breyer misspelled the surname of another Supreme Court justice who received the award in 2001. She is Ruth Bader Ginsburg, not Ginsberg. The Times has misspelled her name at least two dozen times since 1980; this is the first correction the paper has published." Posted at 09:14 AM by Howard Bashman "Same-Sex Marriage on the Ballot in Arizona, a Second Time": This article appears today in The New York Times. Posted at 09:05 AM by Howard Bashman "Joyce trial continues": The Erie (Pa.) Times-News today contains an article that begins, "William Burt, a claims specialist with State Farm insurance, told jurors he approved a $50,000 settlement with former state Superior Court Judge Michael T. Joyce based on Joyce's description of his injuries and on what Joyce's medical providers said in a 3-inch stack of medical records." Posted at 09:00 AM by Howard Bashman "Nottingham officially off the bench": Denver's NBC News affiliate 9News.com provides a report that begins, "Judge Edward Nottingham's resignation became official Wednesday, making him the first federal judge nationwide in the last five years to step down in disgrace and under investigation." The Louisville Courier-Journal reported yesterday that "Louisville native is chief federal court judge in Colorado." And online at The Denver Post's web site, Law Professor Carl Tobias has an essay entitled "Restoring resources to the U.S. District Court." "The Lasting Legacy of a Supreme Court Nomination: The Next President Could Achieve Dramatic Change on Supreme Court." ABC News correspondent Jan Crawford Greenburg provides this report. Posted at 08:45 AM by Howard Bashman "Governor 'outraged' over lawyer dispute": The Providence (R.I.) Journal today contains an article that begins, "Governor Carcieri last night blasted the Charlestown Town Council for refusing to go along with his plan to have a prominent attorney represent the state in a landmark case before the U.S. Supreme Court that will ultimately decide who will control 31 acres of Narragansett Indian land in Charlestown." And last night at "SCOTUSblog," Lyle Denniston had a post titled "Jockeying for the podium." "State Courts in the Balance: The trial bar is hoping for big gains this year." This editorial appears today in The Wall Street Journal. Posted at 08:30 AM by Howard Bashman "Restore fairness to the judiciary": Today in The Boston Globe, Michael S. Greco and Patricia M. Wald have an op-ed that begins, "On Nov. 4 voters will elect not only a president for four years - but also hundreds of federal judges for decades to come. The Bush administration has appointed too many judges with partisan political loyalties who have failed to adequately protect citizens' freedoms." Posted at 08:27 AM by Howard Bashman "As abortion foes grow more intense, a new view surfaces": This article appears today in The Boston Globe. Posted at 08:25 AM by Howard Bashman "When the Police Go Through Your Email: Quirk of Search Law Sets Off Alarm Bells." Dionne Searcey has this article today in The Wall Street Journal. Posted at 08:17 AM by Howard Bashman "U.S. appellate court hears cases at McGeorge; Lawyers argue video game and prison cases": Denny Walsh has this article today in The Sacramento Bee. Posted at 08:15 AM by Howard Bashman "Tiny drug label raises big issue; Lawsuit: Are drugmakers shielded from state laws by FDA approval?" This article appears today in USA Today. Posted at 08:05 AM by Howard Bashman "Are Different Abortion Methods Morally Distinguishable? The U.S. Court of Appeals for the Fourth Circuit Hears Richmond Med. Center v. Herring." Sherry F. Colb has this essay online at FindLaw. Posted at 08:02 AM by Howard Bashman The Philadelphia Phillies have won the 2008 World Series! My son and I were back at Citizens Bank Park in Philadelphia on Wednesday evening to watch the resumption of game five. Tonight was not only somewhat colder and much drier than the first part of game five on Monday night, but the outcome was also far more satisfying. Here's hoping that the Phillies will not need to wait another twenty-eight years before winning another World Series. Congratulations to the Tampa Bay Rays for that team's amazing season and for making this a World Series to remember. You can access the box score for game five at this link, while wraps can be accessed here, here, and here. Wednesday, October 29, 2008 "Obama's 'Redistribution' Constitution: The courts are poised for a takeover by the judicial left." Law Professor Steven G. Calabresi had this op-ed yesterday in The Wall Street Journal. And today at National Review Online, Edward Whelan has an essay entitled "Obama and the Supreme Court: What's really at stake." "FDA Career Staff Objected to Agency Preemption Policies": The House Committee on Oversight and Government Reform issued this majority staff report today. Exhibits to the report can be accessed via this link. Both the Alliance for Justice and the American Association for Justice have issued related news releases. "Flight teacher takes stand": The Erie (Pa.) Times-News today contains this article reporting on the federal criminal trial of former Pennsylvania Superior Court Judge Michael T. Joyce. Posted at 09:25 AM by Howard Bashman "Court OKs Cobb meeting prayers": Today in The Atlanta Journal-Constitution, Bill Rankin has this article. My earlier coverage of yesterday's Eleventh Circuit ruling appears at this link. "Chief Justice Sears to exit next year; '92 appointment made history: As for talk of a possible U.S. Supreme Court seat, she'll cross that bridge if she comes to it, she says." Bill Rankin has this article today in The Atlanta Journal-Constitution. Posted at 09:20 AM by Howard Bashman "Chevron trial over Nigeria protest gets started": Bob Egelko has this article today in The San Francisco Chronicle. Posted at 09:17 AM by Howard Bashman "Emergency motion asks high court to choose state's lawyer": Yesterday's edition of The Providence (R.I.) Journal contained an article that begins, "In a highly unusual move, the U.S. Supreme Court will be asked Friday to weigh in again on the unrelenting dispute over who should argue the state's case to keep control over 31 acres of Narragansett Indian land in Charlestown." The newspaper has also posted online both the emergency motion and an accompanying letter. Carol Rosenberg of The Miami Herald is reporting: She has articles headlined "U.S. details role of 'media man'; The U.S. government alleges that the 'media man for Osama bin Laden' conspired to commit terrorism with a video that sought to legitimize suicide bombings among devout Muslims"; Posted at 08:22 AM by Howard Bashman "Will Expletives Ring Out on C-SPAN?" Tony Mauro has this post at "The BLT: The Blog of Legal Times." Posted at 08:09 AM by Howard Bashman Tuesday, October 28, 2008 "Dreadlocks shouldn't keep man from jury; S.C. Supreme Court rules potential juror shouldn't have been dismissed for hair": Today's edition of The State of Columbia, South Carolina contains an article that begins, "A black man with dreadlocks should not have been kept off a Florence County jury in a 2004 civil trial, the state's top court said Monday. The S.C. Supreme Court in a 3-2 decision said a defense lawyer's stated 'uneasiness' about the dreadlocks was not a 'race-neutral' reason for excluding the prospective juror." You can access yesterday's ruling of the Supreme Court of South Carolina at this link (via "Religion Clause"). "Counsel investigating chief judge's past": Denver's NBC News affiliate 9News.com provides a report that begins, "The office that regulates attorney licenses in Colorado will investigate allegations that federal Chief Judge Edward Nottingham spent $3,000 at a topless bar, viewed pornography on his work computer, intimidated a disabled woman and was a client of two prostitution businesses. The Colorado Supreme Court Attorney Regulation Counsel acknowledged the investigation Saturday in a letter to the person who filed the complaint, Sean Harrington." Posted at 10:48 PM by Howard Bashman "Doctor: Joyce never said he was hurt during flight exam." The Erie (Pa.) Times-News provides an update that begins, "An Erie physician who examined then-state Superior Court Judge Michael T. Joyce when Joyce applied for a pilot's license testified today that Joyce never told him he was injured or had neurological problems." Posted at 10:44 PM by Howard Bashman "Cardinal Assails Fordham for Award to Justice Breyer": This article will appear Wednesday in The New York Times. Posted at 10:40 PM by Howard Bashman "Federal court OKs prayer at Cobb commission meetings": Bill Rankin of The Atlanta Journal-Constitution has a news update that begins, "The federal appeals court in Atlanta on Tuesday upheld Cobb County's practice of allowing predominantly Christian prayers to open commission meetings. By a 2-1 ruling, the 11th U.S. Circuit Court of Appeals said it disagreed with a lawsuit's contention that the Constitution permits only nonsectarian prayers." Circuit Judge William H. Pryor, Jr. wrote the majority opinion for a divided three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit. Today's rulings of note from Seventh Circuit Judge Richard A. Posner: In an "in chambers" order, Judge Posner rejects plaintiffs' motion to strike the entire fact section from the defendants' appellate brief. The plaintiffs' motion challenged the fact section of defendants' brief as overly argumentative. The motion arose in a case challenging the constitutionality of Wisconsin's practice of allowing only graduates of the two law schools located in Wisconsin the privilege of being admitted to the Wisconsin bar without taking an examination. Judge Posner's order concludes by noting that "even the plaintiffs, in the (very brief) statement of facts section in their brief, quote from a judicial decision and from an online interview with a judge." Perhaps the online interview is this one (see question 9 and the accompanying answer)? And in an opinion issued today on behalf of a unanimous three-judge panel, Judge Posner reverses the class certification of an action alleging that Sears Kenmore clothes dryers were deceptively advertised as containing "stainless steel" drums in which the clothing is dried when in fact the drums are only partially made of stainless steel. The opinion contains a useful discussion of the pros and cons of class actions and also reveals that none of the wives of the judges on the panel was concerned about rust stains on clothing in their dryers. "Appeals Courts Pushed to Right by Bush Choices": Charlie Savage will have this article Wednesday in The New York Times. Posted at 06:04 PM by Howard Bashman Programming note: I'll be attending an appellate oral argument mid-morning today in a case that raises an issue that's presented in several appeals that I'm working on. Additional posts will appear here this afternoon. Posted at 08:54 AM by Howard Bashman "Ted Olson v. Joe Larisa: Will the Supreme Court Decide?" Tony Mauro has this post at "The BLT: The Blog of Legal Times." Posted at 12:45 AM by Howard Bashman "In a first, World Series game suspended; Fall Classic to resume when 'weather conditions are appropriate'": MLB.com provides this report. Our seats for game five were located first level under an overhang, so we avoided getting too wet from the rain. You can access the box score of the suspended game at this link. Posted at 12:30 AM by Howard Bashman Monday, October 27, 2008 Programming note: My son and I will be attending tonight's game five of the 2008 World Series between the Philadelphia Phillies and the Tampa Bay Rays at Citizens Bank Park in Philadelphia. I was just about to turn sixteen years old in 1980 when I attended game six of the World Series between the Phillies and the Kansas City Royals at Veterans Stadium in Philadelphia. Here's hoping that by the end of tonight's game, I'll be among the fortunate few who attended both games in which the Phillies clinched a World Series victory. Additional posts will either appear here overnight or on Tuesday afternoon. "Judge defines enemy combatant status for detainees": Lara Jakes Jordan of The Associated Press has a report that begins, "Al-Qaida or Taliban supporters who directly assisted in hostile acts against the United States or its allies can be held without charges as enemy combatants, a federal judge ruled Monday." And at "SCOTUSblog," Lyle Denniston has a post titled "Defining a wartime 'enemy.'" "Ex-Pa. justice apologizes for anti-Obama e-mail": The Associated Press provides a report that begins, "A former Pennsylvania Supreme Court justice is apologizing after her signature was on an e-mail message to Jewish voters that likened a vote for Democratic presidential nominee Barack Obama to ignoring warning signs that led to the Holocaust." The AP also reports that "Republicans fire consultant over e-mail to Pa. Jews." And JTA reports that "Pa. GOP letter invokes Holocaust." Update: JTA has posted the text of the email at this link. "Award to Justice Breyer spurs Catholic protest": The Associated Press provides a report that begins, "The leader of the Catholic church in New York is among those criticizing Fordham University for giving an award to Supreme Court Justice Stephen Breyer, a supporter of abortion rights." Back on August 19, 2008, Fordham Law announced that "Justice Stephen Breyer to be 33rd Fordham-Stein Ethics Prize Recipient." LifeSiteNews.com reports that "Fordham Students Petition University President to Revoke Award Offer to Justice Breyer" and notes that an electronic petition can be accessed at this link. And National Catholic Register reported in its October 19, 2008 issue that "Fordham to Honor Pro-Abortion Justice." I'm certain that the law school will do its best to ensure that Justice Breyer feels more welcome than a Tampa Bay Rays fan in Philadelphia. Josh Gerstein, who covered law-related news for the now-defunct New York Sun, has a blog: You can access it at this link. And Michael Doyle, of the as-of-yet non-defunct McClatchy Newspapers bureau in Washington, DC, also has a blog, and you can access it at this link. "Court: Sex offender law unfair to homeless; Registration requirements ruled to be 'unconstitutionally vague.'" Bill Rankin of The Atlanta Journal-Constitution has a news update that begins, "The Georgia Supreme Court on Monday declared unconstitutional a provision of the sex-offender registry law, because it fails to inform the homeless who have no address how they can comply with the statute. In a 6-1 decision, the court found that the law's registration requirements are 'unconstitutionally vague.'" And The Associated Press provides a report headlined "Court: Ga. sex offender law is unfair to homeless." You can access today's ruling of the Supreme Court of Georgia at this link. "9/11 kin to watch trial at Guantanamo; Five relatives of Sept. 11 victims will be able to attend a hearing for an alleged al Qaeda kingpin in December": Today in The Miami Herald, Carol Rosenberg has an article that begins, "With the war court's future uncertain, the Pentagon has made plans to bring victims of the Sept. 11 terrorist attacks -- chosen by lottery -- to watch a hearing of reputed al Qaeda kingpin Khalid Sheik Mohammed's death penalty trial." Posted at 09:22 AM by Howard Bashman "More felons learning -- to their surprise -- that they can vote; At least a dozen states have changed their laws since 2003 to allow offenders no longer in prison to regain the right to vote": This article appears today in The Los Angeles Times. Posted at 09:10 AM by Howard Bashman "Teachers say covering evolution can be a trial": The Atlanta Journal-Constitution contains this article today. Posted at 09:08 AM by Howard Bashman "South Dakota to reconsider vote on abortion ban; The measure is a version of a 2006 one but has exceptions for rape and incest": This article appears today in The Los Angeles Times. Posted at 09:07 AM by Howard Bashman "'I' is for irony, cellmate": Columnist Al Lewis of Dow Jones Newswires has an essay that begins, "It's getting tougher to say who might end up in prison first, former Qwest Communications International Inc. CEO Joe Nacchio or the federal judge who slapped him with a six-year sentence on insider-trading charges." Posted at 09:03 AM by Howard Bashman "A Line in the Sand for Same-Sex Marriage Foes": The New York Times today contains an article that begins, "While the battle over same-sex marriage has been all but invisible in the presidential race this year, it is raging like a wind-whipped wildfire in California." Posted at 08:45 AM by Howard Bashman "Where Does the Vice President Belong?" Today in The New York Times, Law Professor Glenn Harlan Reynolds (author of the "InstaPundit" blog) has an op-ed that begins, "The presidential campaign has taken a detour into a dispute over the constitutional status of the vice presidency." Posted at 08:37 AM by Howard Bashman "2nd Circuit Declines to Bar 'Foreign-Cubed' Securities Lawsuits": law.com provides this report on a ruling that the U.S. Court of Appeals for the Second Circuit issued last Thursday. Posted at 08:30 AM by Howard Bashman "In Drug Case, Justices to Weigh Right to Sue": The Wall Street Journal today contains an article that begins, "For nearly a century, Americans have been able to sue drug companies for deaths or injuries caused by medicines. Now the pharmaceutical industry and other big businesses are hoping the Supreme Court will sharply curb that right." Posted at 08:10 AM by Howard Bashman Sunday, October 26, 2008 "Death-penalty process blasted; appeals follow": Today in The Atlanta Journal-Constitution, Bill Rankin has an article that begins, "When U.S. Supreme Court Justice John Paul Stevens recently criticized the way the Georgia Supreme Court reviews death-penalty cases, he appeared to be inviting legal challenges on the issue. Georgia promised to ensure fairness in the application of the death penalty when it reinstated capital punishment in 1973. But Stevens said one facet of Georgia's review to achieve that goal has become cursory and could result in arbitrary or discriminatory sentences." Posted at 09:30 PM by Howard Bashman The Associated Press is reporting: Now available online are articles headlined "Lawsuit seeks to block tough La. lawyer ad rules" and "Hawaii has battle over constitutional redo." Posted at 09:27 PM by Howard Bashman "New Media Visit Law School; Slate Reporter Discusses Evolving Supreme Court Media Coverage": This article appeared online Friday at the web site of Virginia Law Weekly. Posted at 09:24 PM by Howard Bashman "Dems hope to make state pickups in Supreme Court races": Today in The Austin American-Statesman, Chuck Lindell has an article that begins, "Seeking to crack the Republican lock on all nine Texas Supreme Court seats, two Democrats are making the entire court -- which they accuse of bias in favor of business and insurance interests -- the focus of their campaigns." And Lindell's second article in today's newspaper is headlined "Chief justice race pits incumbent against judge known for work as trial lawyer." "Florida's Amendment 2 marriage vote: Are domestic partners at risk? A proposed constitutional ban on gay marriage has critics worried about its effect on domestic partnerships, but backers say that's not a valid concern." The Miami Herald contains this article today. Posted at 09:00 PM by Howard Bashman "Ginsburg: Mutual respect unites nine; Supreme Court Justice shares stories from the bench." This article appeared Friday in The Daily Princetonian. You can view a related photo by clicking here. Posted at 08:54 PM by Howard Bashman "Chevron faces suit over Nigerian violence": Bob Egelko has this article today in The San Francisco Chronicle. Posted at 05:07 PM by Howard Bashman Saturday, October 25, 2008 "Nichols' mother paints positive image; Conflicting portraits: Psychologist says confessed killer 'delusional;' mother calls him 'gentleman.'" This article appears today in The Atlanta Journal-Constitution. Posted at 09:57 PM by Howard Bashman "Court issues stay, lets Davis make his case": The Atlanta Journal-Constitution today contains an article that begins, "The federal appeals court in Atlanta on Friday halted Troy Anthony Davis' execution, the third time his life has been spared shortly before he was to be put to death." The New York Times reports today that "Execution of Georgia Man in Killing of Officer Is Stayed a Third Time." And The Associated Press reports that "Execution delayed for convict in '89 Ga. killing." "Guantanamo tribunals overseer under investigation; Thomas Hartmann, an Air Force brigadier general, is accused of improperly influencing prosecutions": This article appears today in The Los Angeles Times. Posted at 09:45 PM by Howard Bashman Friday, October 24, 2008 "Screen set up at trial nixes assault conviction": The Associated Press provides a report that begins, "A sexual assault conviction was overturned by the Nebraska Supreme Court because of a screen that had been set up in the trial courtroom to prevent the defendant's 11-year-old accuser from having to see him when she testified." And The Omaha World-Herald provides a news update headlined "Nebraska high court reverses sexual-assault conviction." You can access today's ruling of the Supreme Court of Nebraska at this link. "Judicial Pay Raise Reargument Focuses on Plaintiffs' Standing": law.com provides a report that begins, "Plaintiffs' standing was a central issue Wednesday in the reargument in the 3rd Circuit of a suit challenging the process by which the controversial 2005 pay raise for Pennsylvania judges and lawmakers was passed." Posted at 11:23 PM by Howard Bashman "Joyce's mother dies; trial delayed": The Erie (Pa.) Times-News provides an update that begins, "The mother of former state Superior Court Judge Michael T. Joyce died earlier today, leading to a delay in Joyce's federal trial. The trial will not resume on Monday, as had been scheduled, according to the chambers of Senior U.S. District Court Judge Maurice B. Cohill Jr." Posted at 10:50 PM by Howard Bashman "Out-Of-State Judges May Fill Void Nottingham Left": cbs4denver.com provides a report that begins, "The U.S. District Court for Colorado is considering asking for help from out-of-state federal judges as a result of the resignation of Chief Judge Edward Nottingham. The court administrator said Thursday the 200 active cases Nottingham had on his docket could be delayed as the result of his resignation. The court was short of judges before Nottingham's resignation and his stepping down seemingly makes it more likely that cases will be delayed even more." Posted at 10:45 PM by Howard Bashman "Utah's top federal jurist violated judicial rules with Obama donations": This article appears today in The Salt Lake Tribune. And later today, the newspaper published an update headlined "Chief Utah federal judge apologizes for rule-violating Obama donation." "Election Could Have Seismic Effect on Federal Courts": Pamela A. MacLean has this article in The National Law Journal. And in the November 5, 2008 issue of The New Republic, Law Professor Jeffrey Rosen will have an essay entitled "McJustice: Liberals' long-feared judicial apocalypse is nigh." "Reagan Appointee and (Recent) McCain Adviser Charles Fried Supports Obama": Cass. R. Sunstein has this post today at The New Republic's blog "The Plank." Posted at 04:40 PM by Howard Bashman In the November 2008 issue of ABA Journal magazine: Terry Carter will have a lengthy article headlined "The Pre-emption Prescription: The FDA is claiming total responsibility for drug and medical device safety; Some think it's a bad idea." David G. Savage will have an article headlined "Taking Trials to Court." John Gibeaut will have an article headlined "Fines, Fox, FCC ... and other F-Words: 30 years after '7 Words,' the court hears fleeting expletives." And an interview with Jeffrey Toobin is headlined "The Next Confirmation Battle." "Judge Halverson's husband pleads guilty to beating her": The Las Vegas Review-Journal provides this news update. The Las Vegas Sun provides a news update headlined "Husband of embattled judge pleads guilty." And The Associated Press reports that "Husband of suspended Nevada judge takes plea deal." "Florida Supreme Court rejects 'false light' lawsuit": The St. Petersburg Times today contains an article that begins, "In a victory for Florida newspapers and freedom of speech, the Florida Supreme Court on Thursday rejected a lawsuit that penalized a newspaper for publishing a story that was true." The newspaper also contains an editorial entitled "Free speech gets room to breathe." The Pensacola News Journal reports today that "Supreme Court rejects 'false light' lawsuit; 1998 story at crux of $18 million case." The newspaper also contains an editorial entitled "A win for the truth." law.com reports that "Fla. Supreme Court Rejects False Light as a Legal Cause of Action." And The Tallahassee Democrat contains an editorial entitled "Free-press victory: Court is correct in rejecting 'false light.'" As I first reported in this post from yesterday, the cases in which the Supreme Court of Florida yesterday issued decisions on this subject are Anderson v. Gannett Co. and Jews for Jesus, Inc. v. Rapp. "Lawyer goes easy on former fiancee of ex-judge on trial": In today's edition of The Pittsburgh Post-Gazette, Paula Reed Ward has an article that begins, "After spending considerable time and enthusiasm in their opening statement blaming the entire criminal case of former Superior Court Judge Michael T. Joyce on his ex-fiancee, defense attorneys did not take nearly as aggressive an approach during the woman's cross-examination yesterday." Today in The Pittsburgh Tribune-Review, Jason Cato reports that "Ex-fiancee claims defendant not hurt." And The Erie (Pa.) Times-News reports that "Joyce's exes take stand; Former fiancee, wife testify about activities after accident." "Court says customs agents may read letters": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "Customs agents who open packages at airports searching for contraband can look at any letters they come across for obvious signs of criminality - for example, an adult's sexually suggestive note to a young girl, a federal appeals court ruled Thursday." My earlier coverage of yesterday's en banc Ninth Circuit ruling appears at this link. "Coin toss could decide who takes state case to high court": The Providence (R.I.) Journal today contains an article that begins, "A leading constitutional scholar said yesterday that only 'childish and selfish' reasons would prevent former U.S. Solicitor General Theodore B. Olson from being chosen to argue for the state in an Indian land case set to go before the nation's high court Nov. 3." Posted at 07:44 AM by Howard Bashman Thursday, October 23, 2008 "Justice Thomas Extols the Need to Listen; In a visit to Atlanta, high court's quiet justice emphasizes briefs over oral arguments as keys to victory": This article will appear Friday in the Fulton County Daily Report. Posted at 11:30 PM by Howard Bashman "Calif. High Court Takes Meal Break Case": law.com provides this report. Posted at 10:07 PM by Howard Bashman The Associated Press is reporting: Now available online are articles headlined "Former generals support accused combatant's case" and "Federal judge weighs key issue in detainee cases." Posted at 09:50 PM by Howard Bashman "Pro Bono for Fun and Profit": Have media outlets and other commentators accurately portrayed the remarks of Second Circuit Chief Judge Dennis Jacobs on the subject of pro bono work? Now you can see for yourself, as the Federalist Society has posted online (here [html] and here [PDF]) the text of Chief Judge Jacobs's address to the Rochester, New York, Lawyers Chapter of the Federalist Society on October 6, 2008. Apparently Chief Judge Jacobs anticipated that his remarks might prove controversial, as the final sentence of the first paragraph of his speech states, "In honor of this occasion, I am going to make some remarks that are perhaps more than usually provocative." "Defense questions motives of Joyce's ex-fiancee": The Erie (Pa.) Times-News provides an update that begins, "The defense in the trial of former state Superior Court Michael T. Joyce tried to undermine the testimony of a key government witness today by claiming bitterness motivated her to provide information against him." Posted at 04:25 PM by Howard Bashman "Florida Supreme Court strikes down 'false light' suits": The Tallahassee Democrat provides a news update that begins, "The Florida Supreme Court today said newspapers can't be sued for putting people in a 'false light' with their reporting. The court, deciding two cases, said the cause of action does not exist under Florida law. It's a victory for the news media, protecting against suits brought against reports that were factually true but could put the subjects in a false light. The court said other ways to sue, for defamation and libel, are available to plaintiffs." The cases in which the Supreme Court of Florida issued decisions on this subject today are Anderson v. Gannett Co. and Jews for Jesus, Inc. v. Rapp. En banc Ninth Circuit examines what limits the Fourth Amendment places on governmental searches of FedEx packages addressed for delivery outside of the United States: You can access at this link today's ruling of an eleven-judge en banc panel of the U.S. Court of Appeals for the Ninth Circuit. Chief Judge Alex Kozinski was the lone dissenter from today's en banc ruling, which upheld the search at issue. His dissenting opinion concludes: The previously "narrow" border search exception, United States v. Sutter, 340 F.3d 1022 (9th Cir. 2003), is now a gaping hole. Every envelope containing birthday cards or trade secrets, every e-mail, every diary, every laptop that crosses the border can be opened and its contents read by government agents, without a warrant or even founded suspicion. Worse yet, by treating these seizures as a trivial annoyance rather than a major intrusion into our freedom of thought, my colleagues open the door for police across the United States to read whatever private papers fall into their hands. This is the power the English government claimed in the Wilkes affair; the power that so outraged the colonists; the power the Fourth Amendment was built to shield us against. We sell this birthright very cheaply today. My earlier coverage of this case appeared in this post from January 2008 after the Ninth Circuit granted rehearing en banc. The original three-judge panel's ruling can be accessed here. "Visiting appeals judges hear case on Pa. judges' raises": The Philadelphia Inquirer today contains an article that begins, "Three visiting federal appeals court judges heard oral arguments yesterday on whether to reopen a case filed by the League of Women Voters that challenges how state judges were granted a raise in 2005, one that hiked the average salary for some judges by $40,000." And The Associated Press reports that "Court weighs government pay raise suit; Panel focusing on whether litigants have the right to sue state." "How Alex Kozinski Kept Patent Case Real": Earlier this week, CalLaw.com's "Legal Pad" blog had this post introducing an article headlined "IP Team Fights 8 Years to Victory." Posted at 02:15 PM by Howard Bashman "Judge Kozinski: The First Amendment Is Dead." Dave Hoffman had this post Monday evening at the blog "Concurring Opinions. Posted at 02:03 PM by Howard Bashman "Rehnquist papers donated to Hoover archives": Bob Egelko has this article today in The San Francisco Chronicle. Posted at 09:27 AM by Howard Bashman "Most California voters still oppose gay-marriage ban, poll finds; But the survey says support for Proposition 8 has risen; The results contradict polls taken by both sides of the campaign": This article appears today in The Los Angeles Times. And The San Francisco Chronicle reports today that "Margin shrinks in defeat of gay marriage ban." "Measure to tell parents of abortion holds lead": Today's edition of The San Francisco Chronicle contains an article that begins, "A California proposition calling for parental notification before an abortion can be performed on a minor is holding on to a slight edge among voters, although a large number of those surveyed say they haven't made up their mind, according to a new poll." And The Los Angeles Times today contains an editorial entitled "No on Proposition 4: The parental notification measure is virtually the same as two previous anti-abortion measures that failed." "Former judge's trial in insurance fraud begins": Today in The Pittsburgh Tribune-Review, Jason Cato has an article that begins, "A former state appeals court judge duped insurance companies out of nearly a half-million dollars because he was broke and needed to settle a debt with a former fiancee, prosecutors told a federal jury Wednesday. A lawyer for Michael T. Joyce, who resigned from the Superior Court last year after being indicted on multiple counts of mail fraud and money laundering, countered with claims that the U.S. Attorney's Office built its case on the words of 'a vicious, jilted woman,' Erie architect Shelane Buehler." Today in The Pittsburgh Post-Gazette, Paula Reed Ward reports that "Ex-judge's lawyer says trial a 'witch hunt.'" And The Erie (Pa.) Times-News contains an article headlined "Fraud or vendetta?" "Ex-Judge Back in Court Over His Truant Trousers": The Washington Post today contains an article that begins, "Roy L. Pearson Jr. was back in court yesterday, trying to revive his highly publicized $54 million lawsuit against a neighborhood dry cleaners over a pair of lost pants." Posted at 09:10 AM by Howard Bashman "U.S. Pressed to Turn Over Detainee Papers; British Court Blasts Inaction, Says Documents Are Vital to Guantanamo Case": This article appears today in The Washington Post. Posted at 09:08 AM by Howard Bashman "Complaint still hangs over judge": Today's edition of The Rocky Mountain News contains an article that begins, "A piece of U.S. District Court Judge Edward Nottingham's legal troubles is still unresolved before a state ethics panel, despite his resignation from the bench. Nottingham stepped down Tuesday amid allegations of judicial misconduct involving a prostitute. The allegations were being investigated by the 10th Circuit Court Judicial Council. A Minnesota man who has tangled with Nottingham in a federal court case filed the same charges last April with the state's Attorney Regulation Council, which investigates ethical complaints against lawyers. A negative ruling by that panel could be a roadblock if Nottingham decides to resume practicing law in Colorado. Sean Harrington said he made the complaint because the state panel is supposed to protect the public from bad lawyers." Harrington. who is not an attorney, has closely monitored the events leading to Judge Nottingham's resignation at Harrington's web site, KnowYourCourts.com. And The Denver Post today contains an editorial entitled "Wise decision to leave bench: Despite his sharp legal mind and work ethic, Judge Edward W. Nottingham's reputation and integrity have suffered too much." "Making Punishments Fit the Most Offensive Crimes; Societal Revulsion at Child-Pornography Consumers Has Led to Stiff Prison Sentences -- and Caused Some Judges to Rebel": Amir Efrati has this article today in The Wall Street Journal. Posted at 08:40 AM by Howard Bashman "Roe vs. Wade? Bush vs. Gore? What are the worst Supreme Court decisions? Sarah Palin may have been stumped by the question, but conservative and liberal legal experts weren't." David G. Savage has this article today in The Los Angeles Times. Posted at 08:00 AM by Howard Bashman "For divided high court, two potential legacies": Joan Biskupic has this article today in USA Today. The article also features a sidebar listing potential nominees. Posted at 07:55 AM by Howard Bashman In commentary available online from FindLaw: Michael C. Dorf has an essay entitled "The Supreme Court Puts Ideology Aside in Deciding a Small But Important Ohio Election Case that Could Affect the 2008 Presidential Election." And Anthony J. Sebok has an essay entitled "Judge Jack Weinstein's Ruling Barring the Use of Race in Calculating the Expected Lifespan of a Man Seeking Tort Damages: An Isolated Decision, or the Beginning of a Legal Revolution?" Wednesday, October 22, 2008 "U.S. itching for trademark fight -- with West Coast biker gang": Michael Doyle of McClatchy Newspapers has this report. Posted at 11:25 PM by Howard Bashman "Ruling in '64 Miss. crime could affect other cases": The Associated Press provides a report that begins, "Federal prosecutors have identified 22 current investigations into civil rights-era crimes that could be impacted by a federal appeals court's decision to overturn a conviction in a 1964 kidnapping case." Posted at 10:58 PM by Howard Bashman "Defense: Joyce investigation caused by 'jilted' ex-fiancee." The Erie (Pa.) Times-News provides an update that begins, "The lead lawyer for former state Superior Court Judge Michael T. Joyce told a jury today that Joyce was indeed injured in an automobile accident in 2001, and he said Joyce is now the victim of a 'vindictive, vicious, jilted' ex-fiancee." Paula Reed Ward of The Pittsburgh Post-Gazette has a news update headlined "Feds open insurance fraud trial against Pa. ex-judge." And The Associated Press provides a report headlined "Prosecutor: Ex-Pa. judge lied to collect insurance." "Papers of Late U.S. Chief Justice William Rehnquist Donated to Hoover Institution": The Hoover Institution issued this news release today. Posted at 07:03 PM by Howard Bashman "D.C. Court of Appeals Hears Multimillion-Dollar Pants Lawsuit": "The BLT: The Blog of Legal Times" offers this post-argument report. The Washington Post provides a news update headlined "Judge Seeks to Revive $54M Pants Lawsuit." And The Associated Press provides an updated report headlined "Missing pants case returns to DC court." "How green is the high court? Five cases put environmental laws to the test." Marcia Coyle has this article in this week's issue of The National Law Journal. Posted at 12:35 PM by Howard Bashman "Shame on Dennis Jacobs": In the October 27, 2008 issue of The National Law Journal, Dean Erwin Chemerinsky will have an op-ed that begins, "Dennis Jacobs, the chief judge of the 2d U.S. Circuit Court of Appeals, should be ashamed of himself. In a speech in Rochester, N.Y., on Oct. 6, it was reported that he ridiculed lawyers who do pro bono work. He said that pro bono work is an 'anti-social' and self-serving activity that law firms use to recruit and 'give solace' to associates and that nonprofits use to further a political agenda." Update: A response from the Second Circuit's chief judge appears at the outset of this post at WSJ.com's "Law Blog." It took two judges to write these federal appellate court rulings: Jointly issued opinions appear to be this week's hot new development at the federal appellate level. Yesterday, the U.S. Court of Appeals for the Fifth Circuit issued an eleven-page unanimous en banc ruling that was jointly written by two federal appellate judges. And today a three-judge panel of the U.S. Court of Appeals for the Second Circuit issued a thirteen-page unanimous ruling that was jointly written by two federal appellate judges. The Associated Press is reporting: Now available online are articles headlined "UK court postpones ruling on Guantanamo detainee" and "$54 million missing pants lawsuit back in DC court." Posted at 12:14 PM by Howard Bashman "Some Rehnquist Papers Will Be Made Public Soon": At "The BLT: The Blog of Legal Times," Tony Mauro has a post that begins, "The family of the late Chief Justice William Rehnquist has decided to donate his extensive papers from 33 years on the Supreme Court and before to the Hoover Institution Archives at Stanford University, Rehnquist's alma mater. Hoover is expected to announce the acquisition later today, Legal Times has learned, and will make some of the documents available within weeks." Posted at 12:05 PM by Howard Bashman Available online from law.com: Tony Mauro reports that "Former Blogger Makes High Court Debut." And in other news, "En Banc 11th Circuit Case Tests Mail Fraud Law; On an issue that has split circuit courts, DOJ sends top criminal appeals lawyer to argue in rare en banc session." Although it's true that the federal government was represented at oral argument by Deputy Solicitor General Michael R. Dreeben, I have no doubt that the defendants' case was capably presented by Philadelphia-area appellate lawyer Peter Goldberger. "New president may reshape high court": Linda K. Carroll has this op-ed today in The Rocky Mountain News. Posted at 09:35 AM by Howard Bashman "Judge Nottingham quits amid inquiry; He faced possible impeachment in misconduct case": This article appears today in The Rocky Mountain News. And The Denver Post today contains articles headlined "Nottingham resigns amid probe" and "Nottingham: A thoughtful judge and an exacting jurist; Appointed to the bench by the first President Bush, Edward Nottingham is widely respected for his dedication." "Trial begins today for retired Pa. judge; Ex-jurist from Erie charged with fraud": Today in The Pittsburgh Post-Gazette, Paula Reed Ward has an article that begins, "Opening statements in the criminal fraud case against former state Superior Court Judge Michael T. Joyce are expected to be made today in federal court following a short interruption in jury selection yesterday. Mr. Joyce, a retired judge from Erie, is charged with nine separate counts of mail fraud and money laundering stemming from two insurance claims he filed after a low-speed accident in 2001, in which his new Mercedes-Benz was rear-ended at an estimated speed of 5 mph." Today in The Pittsburgh Tribune-Review, Jason Cato reports that "Picks on Joyce jury to be public." And The Erie (Pa.) Times-News reports that "Jury to be seated today; Lawyers to make opening statements in Joyce trial." "Guns, abortion and the Supreme Court: Scalia's opinion on gun ownership is criticized as judicial activism by two prominent conservative judges." The Los Angeles Times contains this editorial today. Posted at 09:17 AM by Howard Bashman "Immigrants' advocates decry cervical cancer vaccine order; Gardasil, recommended for young female residents, is required for their immigrant counterparts; Its cost and safety questions raise concerns": This article appears today in The Los Angeles Times. Posted at 09:12 AM by Howard Bashman "UM film presents struggle between law and fear": Today's edition of The Baltimore Sun contains an article that begins, "In the spring of 2006, sitting in a class at the University of Maryland law school, Sig Libowitz lit up when his professor distributed transcripts from the military tribunals that decided cases of detainees held at Guantanamo Bay, Cuba. To Libowitz, the transcripts seemed like a Kafkaesque nightmare in which detainees could be held indefinitely, not knowing the evidence against them. They also seemed like a movie." Posted at 08:57 AM by Howard Bashman "Pentagon dismisses terror charges for 5 Guantanamo detainees; After another shake-up at the Pentagon office overseeing the war court, the administration withdrew, for now, war crimes charges against five men at Guantanamo": Carol Rosenberg has this article today in The Miami Herald. The New York Times reports today that "U.S. Drops Charges for 5 Guantanamo Detainees." The Washington Post reports that "Charges Against 5 Detainees Dropped Temporarily; Chief Guantanamo Prosecutor Denies That Flap Over Evidence Played Role." Carol J. Williams of The Los Angeles Times reports that "U.S. drops charges against 5 terrorism suspects; The men will remain imprisoned at Guantanamo Bay; Defense lawyers see the move as a way to give prosecutors more time to prepare for trial after the resignation of a key prosecutor." And Bloomberg News reports that "Gates Says Guantanamo Closure Needs Congress's Action." "Required View: Oklahoma's gallingly paternalistic ultrasound law." Emily Bazelon has this jurisprudence essay online at Slate. Posted at 07:55 AM by Howard Bashman "Desert cross may lead to landmark ruling; The Supreme Court soon will decide whether to take up the case of the monument to fallen service members in Mojave National Preserve; At stake is a new definition of the church-state separation": David G. Savage has this article today in The Los Angeles Times. Posted at 07:53 AM by Howard Bashman "O'Connor gives own judicial review; No sleep lost over recount ruling in 2000": USA Today contains this article today. Posted at 07:48 AM by Howard Bashman "In California, gay marriage fight heats up; Supporters of Proposition 8, which would outlaw the practice, nose ahead in polls": This article appears today in The Christian Science Monitor. The Wall Street Journal reports today that "Gay Marriage in Peril in California." And The San Francisco Chronicle reports that "Voters split in many ways on gay marriage ban." Tuesday, October 21, 2008 "U-M's black enrollment up 12% for freshmen": The Detroit Free Press today contains an article that begins, "Nearly two years after Michigan voters banned the use of affirmative action in college admissions, the University of Michigan's freshman class shows a 12% increase in the number of African Americans -- despite the fact that the university shrank the class." The Detroit News reports today that "Minority admissions fall at U-M; Enrollment in state not greatly impacted by ballot initiative; law, medicine hit hardest." The Ann Arbor News has an article headlined "University of Michigan: Recruiting limited minority enrollment losses." And The Michigan Daily reports that "Minority enrollment at 'U' drops slightly; In first full admissions cycle since Prop. 2, black enrollment sees highest numbers since 2005." "Nottingham officially steps down as federal judge": The Rocky Mountain News provides an update that begins, "U.S. District Court Judge Edward Nottingham resigned today amid allegations he asked a prostitute to lie about their relationship. In a prepared statement released by his attorney's office, Nottingham said he is 'deeply remorseful for his actions.' He said resignation was 'in the best interest of all concerned.'" The newspaper has posted the statement issued on the soon-to-be former federal district judge's behalf at this link. The Denver Post provides a news update headlined "District Judge Nottingham resigns, apologizes." Denver's NBC News affiliate 9News.com reports that "Nottingham resigns due to 'multiple investigations.'" And The Associated Press reports that "US judge in Colo. resigns amid misconduct probe." A statement from the Chief Judge of the U.S. Court of Appeals for the Tenth Circuit regarding Judge Nottingham's resignation also appears at the Tenth Circuit's web site. "Jury selection for ex-judge's trial remains open": Paula Reed Ward of The Pittsburgh Post-Gazette has a news update that begins, "Jury selection in the federal criminal trial of former state Superior Court Judge Michael T. Joyce is continuing this afternoon." Posted at 02:33 PM by Howard Bashman "Court won't consider Neb. 'rape' testimony issue": The Associated Press provides a report that begins, "The U.S. Supreme Court has refused to hear an appeal involving a case in which a Nebraska judge banned anyone from saying 'rape' in a sexual assault trial." Posted at 10:20 AM by Howard Bashman "Court gives immigrant a break in youth sex case": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "A legal immigrant who has been jailed under a deportation order since 2005 because of a sexual relationship that began when he was 20 and his girlfriend was 16 won a chance for freedom Monday from a federal appeals court." You can access yesterday's unanimous en banc ruling of the U.S. Court of Appeals for the Ninth Circuit at this link. "Next president will shape Supreme Court": Bob Egelko had this article yesterday in The San Francisco Chronicle. Posted at 09:08 AM by Howard Bashman "Justices Take Case on Illegal Workers and Penalties for Identity Theft": Adam Liptak has this article today in The New York Times. And today in The Los Angeles Times, David G. Savage has articles headlined "Supreme Court to hear case on immigrants' use of fake IDs; The justices will decide whether illegal workers can be convicted of identity theft if they didn't know their bogus cards used the Social Security number of a real person" and "Jesse James Hollywood appeal turned down by the Supreme Court; The justices agree with a California court that the former fugitive can get a fair trial in a 2000 slaying even though a prosecutor helped a director turn the story into a fictionalized movie." "Bush Decides to Keep Guantanamo Open": This article appears today in The New York Times. Posted at 08:59 AM by Howard Bashman "Transfer of detainees to U.S. blocked": Last night at "SCOTUSblog," Lyle Denniston had a post that begins, "In a split decision, the D.C. Circuit Court on Monday evening barred the transfer of 17 Guantanamo Bay detainees to the U.S., where they were to be released, until at least late November." You can access yesterday's D.C. Circuit order and the dissent therefrom at this link. "Two Justices Clash Over Race and Death Penalty; Ga. Court's Handling of 1999 Case at Issue": Jerry Markon has this article today in The Washington Post. And Bill Rankin of The Atlanta Journal-Constitution today has an article headlined "High-court rebuke for Ga.; John Paul Stevens criticizes way state Supreme Court considers death-penalty appeals; Clarence Thomas defends it." "Ruling on Guns Elicits Rebuke From the Right": Today in The New York Times, Adam Liptak has an article that begins, "Four months after the Supreme Court ruled that the Second Amendment protects an individual right to possess guns, its decision is under assault -- from the right. Two prominent federal appeals court judges say that Justice Antonin Scalia's majority opinion in the case, District of Columbia v. Heller, is illegitimate, activist, poorly reasoned and fueled by politics rather than principle." The two examples of written criticism that are the subject of the article can be accessed here and here. As noted in this "How Appealing" post from September 27, 2008, Mark Sherman of The Associated Press that day had an article headlined "Conservative judges fault Scalia opinion on guns." "Judge orders Nassau to remove name, photo from 'Wall of Shame'": Today's edition of Newsday contains an article that begins, "A judge has ordered Nassau County to remove a woman's name and mug shot from the county's online 'Wall of Shame,' saying that posting the information about her DWI arrest violates her right to due process. State Supreme Court Judge William LaMarca said posting Alexandra Bursac's photo punishes her in a way not authorized by the law. And because of the permanence of the Internet, it imposes an inappropriate penalty by exposing her to 'limitless and eternal notoriety.'" New York City's 1010 WINS newsradio has posted an article featuring the woman's mug shot photo at this link. "Joyce jury pool pared; Pace of fraud case against former judge could quicken once panel is picked": This article appears today in The Erie (Pa.) Times-News. Posted at 08:23 AM by Howard Bashman "Eight Years After Bush v. Gore, Why is There Still So Much Election Litigation and What Does This Mean for Voter Confidence in the Electoral Process?" Richard L. Hasen, author of the "Election Law" blog, has this essay online at FindLaw. Posted at 07:52 AM by Howard Bashman "Will Justice Kennedy Recuse Again?" In this week's issue of Legal Times, Tony Mauro has an article that begins, "One of the more confounding Supreme Court happenings of 2007 was Justice Anthony Kennedy's recusal in two cases involving an important issue arising under the Individuals with Disabilities Education Act." Posted at 07:48 AM by Howard Bashman Monday, October 20, 2008 Perhaps he's resigning in weekly installments: Denver's NBC News affiliate 9News.com reports today that "Chief judge takes off week from court." And cbs4denver.com reports that "Nottingham A No Show In Federal Court Again." "Squabble threatens Exxon oil spill payouts; Fish processor's motion to toss allocation plan could add delay of 18 months": This article appears today in The Anchorage Daily News. And The Associated Press reports that "Appeal threatens to hold up Exxon Valdez payments." "Pakistan's deposed top judge Chaudhry eyes old job": Reuters provides this report. Posted at 12:00 PM by Howard Bashman "Justice from the South Side: If fellow South Sider Barack Obama is elected, some speculate John Paul Stevens may finally retire from the high court; But Stevens' work ethic could keep him on the bench for years." James Oliphant has this article today in The Chicago Tribune. Posted at 11:48 AM by Howard Bashman "The underlying question in this case is whether the portion of an automobile retail instalment sale obligation attributable to a trade-in vehicle's 'negative equity' (i.e., debt owed above and beyond the current collateral value of the traded-in vehicle) should be considered part of the purchase-money security interest arising from the sale of a vehicle, and therefore protected from cramdown by the 'hanging paragraph' of Section 1325 of the Bankruptcy Code." In an opinion issued today, the U.S. Court of Appeals for the Second Circuit concludes that its resolution of that question depends on the answer to an unsettled issue of New York State law and therefore certifies that state law question for resolution by the Court of Appeals of New York. Posted at 11:10 AM by Howard Bashman "Court to hear identity theft case": At "SCOTUSblog," Lyle Denniston has a post that begins, "The Supreme Court, in the only new grant on Monday, agreed to spell out the proof that federal prosecutors must offer in order to obtain a more severe punishment for criminal identity theft under a 2004 law." You can access today's Order List of the U.S. Supreme Court at this link. In early news coverage, The Associated Press reports that "Court will decide identity theft case"; "Court lets prosecutor remain on 'Alpha Dog' case"; and "Court names special master in states' water fight." The Court's denial of review today in a death penalty case from Georgia occasioned a statement respecting the denial of the petition for writ of certiorari from Justice John Paul Stevens and a concurrence in the denial of the petition for certiorari from Justice Clarence Thomas. "O'Connor and Tutu Discuss Race at HLS": The Harvard Crimson today contains an article that begins, "Former Supreme Court Justice Sandra Day O'Connor and Nobel Peace Prize winner Desmond Tutu reflected on recent changes in race relations and urged continued efforts to help racial minorities during a two-day conference at Harvard Law School over the weekend." You can access more information about the conference at this link. "The Right Way to Legalize Gay Marriage: Let the people decide, not the courts." Steve Chapman has this essay online today at Reason. Posted at 08:14 AM by Howard Bashman "The Justice Lets Us Walk Away with a Warning: Clarence Thomas reminds Manhattanites of the importance of freedom and independence." Kathryn Jean Lopez has this essay at National Review Online. Last Thursday, Justice Clarence Thomas delivered the annual Wriston Lecture at the Manhattan Institute. Today, in an op-ed piece titled "How to Read the Constitution," The Wall Street Journal publishes an excerpt of Justice Thomas's remarks at last Thursday's event. "Racial Preference on the Ballot: Well-funded opposition moves against efforts to ban preferences." The Wall Street Journal contains this editorial today. Posted at 08:07 AM by Howard Bashman "U.S. court denies trial for Burrillville woman raped by priest": This article, about the U.S. Supreme Court's denial of a pro se petition for writ of certiorari, appeared yesterday in The Providence (R.I.) Journal. Posted at 08:00 AM by Howard Bashman "The Supreme Court and the Election: What's at Stake." Law Professor Herman Schwartz has this essay in the November 3, 2008 issue of The Nation. Posted at 07:55 AM by Howard Bashman "Crimson tide: Harvard Law School, long fractious and underachieving, is on the rise again - and shaking up the American legal world." This article appeared yesterday in the Ideas section of The Boston Globe. Posted at 07:54 AM by Howard Bashman "Court rules first cousins' marriage valid": Yesterday's edition of The Advocate of Baton Rouge, Louisiana contained an article that begins, "Louisiana forbids first cousins to marry, but such unions do not violate a strong public policy of the state and must be recognized if performed in a state or nation where they are valid. That recent pronouncement from a state appellate court in Baton Rouge broke new legal ground in Louisiana, which is one of 25 states that prohibit marriages between first cousins." You can access last Wednesday's ruling of the First Circuit Louisiana Court of Appeal at this link. "Joyce case jurors to undergo their own questioning": This article appears today in The Erie (Pa.) Times-News. And The Associated Press provides a report headlined "Insurance fraud case set for ex-Pennsylvania judge" that begins, "After suffering a fender-bender in 2001, a Pennsylvania appellate judge claimed he was left in constant pain, unable to golf or swim or even at times hold a cup of coffee steady. Yet the following year, prosecutors say, he was golfing regularly enough to keep up his handicap, piloted a plane at least 50 times -- submitting a medical certificate to the Federal Aviation Administration that stated he had 'no injuries, physical problems or physical limitations' -- and renewed his membership in a scuba divers association." Sunday, October 19, 2008 "Texas Supreme Court races tap lots of cash; Democrats make biggest effort in years to unseat GOP justices": This article appears today in The Houston Chronicle. And The Birmingham News reports today that "PACs shield donations in Alabama Supreme Court race." "Opinion Casts Light on Secretive Justice Dept. Office": The Washington Post today contains an article that begins, "A legal opinion allowing the Justice Department to dole out a $1.5 million grant to a Christian aid group that makes religious belief a condition of employment is shining new light on an obscure office that interprets laws across the government. The Justice Department Office of Legal Counsel, which issued the interpretation last year to little notice, has been a target of congressional Democrats for its blessing of detainee interrogation techniques and a warrantless eavesdropping program that nearly provoked a mass resignation of top law enforcement officials four years ago." And yesterday in The New York Times, Charlie Savage had a front page article headlined "Bush Aides Say Religious Hiring Doesn't Bar Aid." "Justices May Take Immigration Cases": Jerry Markon has this article today in The Washington Post. Posted at 08:17 PM by Howard Bashman "Insurance fraud case set for ex-Pennsylvania judge": The Associated Press provides a report that begins, "Former state Superior Court Judge Michael Joyce goes on trial in federal court this week on fraud charges for allegedly exaggerating or faking neck and back injuries that netted him $440,000 from insurers." Posted at 01:35 PM by Howard Bashman "No word yet on resignation by Nottingham": The Denver Post today contains an article that begins, "A source close to Chief U.S. District Judge Edward Nottingham Jr. says he is contemplating resignation, but as of Saturday, the clerk of the U.S. District Court had not received a notification from Nottingham or the White House of a resignation." Posted at 01:28 PM by Howard Bashman Saturday, October 18, 2008 "Wiretap lawsuit defense challenged in court": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "Civil liberties groups started a legal challenge Friday to the new federal law designed to dismiss their wiretapping suits against telecommunications companies, saying the statute violates phone customers' constitutional rights and tramples on judicial authority." Posted at 11:10 PM by Howard Bashman "Justices Rule Against Ohio GOP on Voter Issue": The Washington Post contains this article today. And The Columbus Dispatch reports today that "Voter suit goes to Ohio justices; GOP asks court to rule on registration mismatches." "Detainee's Time Served Is Challenged; Prosecutors Say Judge Gave Hamdan Improper Credit": This article appears today in The Washington Post. Posted at 10:52 PM by Howard Bashman "Covering the Court: Thoughts from Dahlia Lithwick." David Lat has this post today at "Above the Law." Posted at 10:48 PM by Howard Bashman "Abortion ban returns to ballot in South Dakota": The Associated Press provides this report. Posted at 10:40 PM by Howard Bashman "Salazar calls for Judge Nottingham's resignation": The Denver Post contains this article today. And today's edition of The Rocky Mountain News contains an article headlined "Salazar urges judge to resign" and an editorial entitled "Nottingham on the hot seat." Friday, October 17, 2008 "Justices Block Effort to Challenge Ohio Voters": This article will appear Saturday in The New York Times. And David G. Savage of The Los Angeles Times has a news update headlined "Supreme Court throws out Ohio Republicans' election lawsuit; The state party's suit could have made it easier to challenge newly registered voters." "Nottingham a no-show today after report of resignation; Judge mired in sex-related misconduct issues": The Rocky Mountain News provides this update. And Denver's NBC News affiliate 9News.com reports that "Salazar says Nottingham should step down" and "Government investigating allegations against Nottingham." "Salazar calls for Judge Nottingham's resignation": The Denver Post provides a news update that begins, "Democratic Sen. Ken Salazar urged Chief U.S. District Judge Edward W. Nottingham Jr. to resign on Friday, a day after allegations surfaced that he tried to get a former prostitute to lie to investigators about paying her for sex. Nottingham called in sick to work this week and his six-day criminal trial was taken over by another judge." Posted at 06:00 PM by Howard Bashman "Nottingham A No-Show For Cases; Reports Indicate Judge Edward Nottingham Will Be Stepping Down": cbs4denver.com provides a report that begins, "Cases that U.S. District Court Chief Judge Edward Nottingham was scheduled to deal with Friday morning in his courtroom were handled by another judge. Some news outlets reported Thursday that Nottingham plans to resign. He has been the target for about a year of an investigation into complaints of alleged misconduct." And today in The Rocky Mountain News, attorney Scott Robinson has an essay entitled "If true, all kinds of legal codes were shattered." "High court rejects GOP bid in Ohio voting dispute": The Associated Press provides a report that begins, "The Supreme Court is siding with Ohio's top elections official in a dispute with the state Republican Party over voter registrations. The justices on Friday overruled a federal appeals court that had ordered Ohio's top elections official to do more to help counties verify voter eligibility." You can access today's per curiam ruling of the U.S. Supreme Court at this link. "Next president to name new circuit court judge": Today in The Atlanta Journal-Constitution, Bill Rankin has an article that begins, "The country's next president will get a chance to fill a vacancy on the federal appeals court in Atlanta. Judge R. Lanier Anderson III of Macon has notified President Bush he will take senior status at the end of January. Anderson, 72, was put on the 11th U.S. Circuit Court of Appeals by President Jimmy Carter in 1979." Other recent additions to the "Future Vacancies" list include Fifth Circuit Judge Rhesa H. Barksdale and Sixth Circuit Judge Martha Craig Daughtrey. "For Obama but against abortion: Can a Catholic vote for the pro-choice Obama? Yes." Law Professor Douglas W. Kmiec has this op-ed today in The Los Angeles Times. Posted at 10:07 AM by Howard Bashman "Supreme Court denies review of medical pot law": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "The state Supreme Court turned back a challenge to California's medical marijuana law Thursday from two counties that said they were being forced to condone federal drug-law violations by state-approved pot users." The San Diego Union-Tribune reports today that "County's appeal of pot law rejected; State high court won't hear case." And The Press-Enterprise of Riverside, California reports that "State court denies counties' petition to review ruling on medical marijuana law." "Ohio Litigating Its Way Through Election Cycle; Partisan Distrust Rampant in Swing State": This article appears today in The Washington Post. Posted at 09:52 AM by Howard Bashman "Photographer Takes Copyright Fight to U.S. High Court; His lawyer says 11th, 2nd circuits misinterpreted Supreme Court ruling in their decisions favoring National Geographic Society": law.com provides this report. Posted at 09:07 AM by Howard Bashman "O'Connor receives degree": The Yale Daily News today contains an article that begins, "When Emma Watson of 'Harry Potter' fame showed up on campus last week, avid fans tried to anticipate her every move. But when former Supreme Court Justice Sandra Day O'Connor arrived at the Divinity School on Wednesday, her presence was a closely-guarded secret, even within the small Divinity School community." Posted at 08:54 AM by Howard Bashman "Welcome awaits Muslims from China held at Guantanamo; Tallahassee is preparing to receive and look after three men on an improbable journey from Guantanamo Bay -- and Tora Bora": Carol Rosenberg has this article today in The Miami Herald. Posted at 08:47 AM by Howard Bashman "New Sentence Is Sought for Bin Laden's Driver": Today in The Wall Street Journal, Jess Bravin has an article that begins, "The Bush administration wants the military jury that sentenced Osama bin Laden's former driver to reconvene for new deliberations that could add five years to his scheduled release date of Dec. 31." And The Yale Daily News reports today that "Law clinic brings justice to prisoners." "Court upholds decision, US liable in killing; Ruling: FBI dealings with Bulger gang led to murder." The Boston Globe today contains an article that begins, "The US Appeals Court has upheld a lower court ruling holding the FBI responsible for the 1984 killing of a Quincy fisherman by Winter Hill gang leaders and a rogue agent who leaked information to them, in a decision that could settle at least six other cases claiming the FBI had corrupt dealings with James 'Whitey' Bulger." And The Boston Herald reports today that "Court OKs $3.1M judgment for mom of Whitey Bulger victim." You can access yesterday's ruling of the U.S. Court of Appeals for the First Circuit at this link. "Federal judge expected to go; Nottingham mired in sex-related misconduct issues": The Rocky Mountain News today contains an article that begins, "Chief U.S. District Judge Edward W. Nottingham is expected to quit the federal bench amid a new sex-related scandal and a closed-door judicial misconduct hearing that didn't go well, sources said Thursday. Nottingham could not be reached for comment, and the clerk of the U.S. District Court for Colorado said he had received no official letter of resignation." The newspaper also contains an article headlined "It's no nonsense in his courtroom; Nottingham built reputation as tough but fair." The Denver Post reports today that "Federal judge may resign amid inquiry." And Denver's NBC News affiliate 9News.com provides a report headlined "Prostitute: Federal judge asked me to lie." The web page containing that report provides access to a video segment that includes an interview in which a former prostitute claims the judge asked her to lie to investigators and hide that he paid her for sex. Additional news coverage that appeared online yesterday can be accessed via this post. Thursday, October 16, 2008 "Judge: Evidence admissible." Yesterday's edition of The Erie (Pa.) Times-News contained an article that begins, "The prosecution will get to paint a picture of former state Superior Court Judge Michael T. Joyce's activities and finances before and after the August 2001 slow-speed collision he said left him severely injured. Jurors will hear that before Joyce won a $440,000 insurance settlement, he was camping out in his judicial chambers amid a breakup with his girlfriend and that he told his landlord that he could only afford to pay $100 rent. They will hear about a 'spending spree' the prosecution said Joyce went on after the settlement, buying, among other things, a Harley-Davidson motorcycle, a plane, a house and a hot tub, and spending $6,000 for cosmetic surgery for the woman who is now his wife. They also will hear how Joyce went in-line skating at Presque Isle State Park on Sept. 2, 2002, while his insurance claims, based on debilitating neck and back injuries, were pending." Trial on these federal criminal charges is scheduled to begin next week in Pittsburgh. "$3.1M verdict upheld for Bulger victim": The Boston Herald today provides a news update that begins, "In a financially crippling vote of low confidence in the Department of Justice, the U.S. Court of Appeals for the First Circuit this afternoon upheld the $3.1 million in damages awarded the family of James 'Whitey' Bulger victim John McIntyre in September 2006 by U.S. District Court Judge Reginald C. Lindsay." You can access today's ruling of the U.S. Court of Appeals for the First Circuit at this link. "Judge Nottingham resigning amid misconduct complaints": The Rocky Mountain News provides an update that begins, "Chief U.S. District Judge Edward Nottingham is stepping down from the federal bench, sources said today. Nottingham, who has been the subject of several judicial misconduct complaints in recent months, could not immediately be reached for comment. He has not issued any official statement, but three sources with knowledge of his decision confirmed his plans." Update: A report headlined "Chief judge expected to resign over new allegations" from NBC News affiliate 9News.com of Denver begins, "9Wants to Know has learned that Chief Federal Judge Edward Nottingham of Colorado is expected to resign after he learned of new allegations against him from a former prostitute who claims the judge asked her to lie to investigators and not tell them he paid her for sex." MyFOXColorado.com reports that "Judge Nottingham Resigning." And cbs4denver.com reports that "Controversy Has Trailed Colorado's Chief US Judge; Reports Indicate Judge Edward Nottingham Will Be Stepping Down." "A Lawyer Interested In Upping the Ante": The first item in today's installment of "The Reliable Source" column in The Washington Post is about attorney Tom Goldstein of "SCOTUSblog" fame. Posted at 02:42 PM by Howard Bashman "Ohio court: Law on asbestos may be retroactive." The Associated Press provides a report that begins, "The Ohio Supreme Court has ruled that a 2004 law imposing stricter rules on those suing for asbestos-related injuries can be applied to cases pending before the legislation was passed, a move that could frustrate thousands of people seeking claims. The 6-1 decision Wednesday means that many of the 40,000 Ohio cases filed before the law was enacted are likely to be dismissed. It also has potential ramifications in Florida, Georgia, Kansas and other states that have sought to use such laws to reduce litigation related to the cancer-causing substance." You can access yesterday's ruling of the Supreme Court of Ohio at this link. In addition, the court's Office of Public Information has issued a summary of the ruling headlined "2004 Bill Changing Asbestos Lawsuit Procedures May Be Applied to Cases Filed Before Law Changed." "School Efforts to Stem Violence Offer A Textbook Case of Limits on Speech": Dan Slater has this article today in The Wall Street Journal. Posted at 08:35 AM by Howard Bashman "Counsel picked for Porteous probe; House panel trumpets lawyer's track record": The Times-Picayune of New Orleans today contains an article that begins, "A veteran Washington lawyer who helped oversee the impeachments of two federal judges in the 1980s was selected Wednesday by the House Judiciary Committee to lead its impeachment inquiry of federal Judge Thomas Porteous. Chosen for the high-profile job was Alan Barron, a partner with the Washington firm of Holland & Knight." Posted at 08:22 AM by Howard Bashman "Ruling May Impede Thousands of Ohio Voters": The New York Times today contains an article that begins, "More than 200,000 registered Ohio voters may be blocked from casting regular ballots on Election Day because of a federal appeals court decision on Tuesday requiring the disclosure of lists of voters whose names did not match those on government databases, state election officials and voting experts said." And The Associated Press reports that "Ohio elections chief appeals court ruling." The application for a stay that the State of Ohio filed yesterday in the U.S. Supreme Court can be viewed at this link (via "Election Law" blog). My earlier coverage of Tuesday's en banc Sixth Circuit ruling appears at this link. Available online from law.com: Marcia Coyle of The National Law Journal reports that "High Court Declines to Review FedEx Disability Discrimination Case." And Shannon P. Duffy of The Legal Intelligencer reports that "Visiting Panel of Judges to Hear Suit Over Pa. Judges' Pay Raise." Wednesday, October 15, 2008 "Supreme Court rejects 'Survivor' winner's appeal": The Associated Press provides this report. Posted at 08:33 PM by Howard Bashman Access online the transcripts of today's U.S. Supreme Court oral arguments: The Court has posted the transcripts in Waddington v. Sarausad, No. 07-772, and Hedgpeth v. Pulido, No. 07-544. Posted at 03:21 PM by Howard Bashman "Chambers' may appeal after his suit against God is tossed out": Today's edition of The Omaha World-Herald contains an article that begins, "You can't sue God if you can't serve the papers on him, a Douglas County District Court judge has ruled in Omaha. Judge Marlon Polk threw out Nebraska Sen. Ernie Chambers' lawsuit against the Almighty, saying there was no evidence that the defendant had been served." And The Associated Press reports that "Suit against God thrown out over lack of address." "Black employees accuse US Marshals Service of bias": Hope Yen of The Associated Press provides this report. Posted at 03:07 PM by Howard Bashman "High court clears way for execution; Seven witnesses who identified Troy Davis as the killer of a police officer in Georgia almost 20 years ago have recanted their testimony, but his final appeal is turned down without comment": David G. Savage has this article today in The Los Angeles Times. Today's edition of The Atlanta Journal-Constitution contains an article headlined "Rejected by high court, Davis faces execution." The New York Times reports that "Supreme Court Rejects Execution Appeal." The Washington Post reports that "High Court Won't Hear Death Row Appeal." And in The Christian Science Monitor, Warren Richey reports that "Court declines to hear death-row appeal; Troy Davis, a Georgia inmate, asked for a new trial after seven witnesses recanted their testimony." "Court sends chip makers' suit back to trade body": Today's edition of The San Diego Union-Tribune contains an article that begins, "After a string of legal setbacks, San Diego wireless technology giant Qualcomm claimed a victory yesterday over chip-making competitor Broadcom. The U.S. Court of Appeals for the Federal Circuit nullified a ruling that Qualcomm infringed Broadcom patents and returned the issue to the International Trade Commission for further review." My earlier coverage of yesterday's Federal Circuit decision appears at this link. "New ACLU center to honor longtime Southern California director Ramona Ripston; Ripston, 81, dismisses the idea of retirement, saying much work remains unfinished; 'If we aren't under attack every day, then we're not doing our job,' she adds": This article appears today in The Los Angeles Times. As the article notes, the honoree is the wife of Ninth Circuit Judge Stephen Reinhardt. Posted at 12:08 PM by Howard Bashman "Key Allegations Against Terror Suspect Withdrawn; Justice Department Had Tied Guantanamo Detainee to Plot to Explode 'Dirty Bomb' in U.S." The Washington Post contains this article today. Posted at 11:57 AM by Howard Bashman "CIA Tactics Endorsed In Secret Memos; Waterboarding Got White House Nod": This front page article appears today in The Washington Post. And The Los Angeles Times reports today that "Pentagon tightens rules on detainee interrogation; A directive requiring that nonmilitary interrogations be monitored by military officials is designed to prevent abuse." "Justices Weigh Race in North Carolina Case": Adam Liptak has this article today in The New York Times. Today in The Washington Post, Jerry Markon reports that "Justices Hear Voting Rights Case; N.C. Argues for Expanding Reach of Redistricting Provision." And The Wilmington (N.C.) Star-News reports that "U.S. Supreme Court justices hear Pender redistricting map case." "Family's wait for Cooey's execution ends; Prison staff finds veins in convicted murderer who claimed he was too fat for lethal injection": This article appears today in The Akron Beacon Journal. Today's edition of The Dayton Daily News contains articles headlined "Executed inmate 'vulgar and hateful,' prosecutor says" and "Execution by lethal injection is a calculated process devoid of theatrics; Richard Cooey was put to death Tuesday morning for the slaying of two Akron coeds in 1986." And The Associated Press reports that "Ohio executes inmate who argued was too fat to die." "Questionable registrations: Fork over voter list, judges tell Brunner." The Columbus Dispatch today contains an article that begins, "Almost as if she anticipated a court ruling a few hours later, Ohio Secretary of State Jennifer Brunner promised yesterday to give county elections workers access to a list of possibly problematic voter registrations. The full 6th U.S. Circuit Court of Appeals then ruled 9-6 that Brunner must provide access to a state database showing new voters whose registration information does not match records with the state Bureau of Motor Vehicles or federal Social Security Administration. The decision -- a 50-page maze of majority, concurring and dissenting opinions -- reversed a 2-1 ruling by a three-judge panel of the 6th Circuit last week." The Cincinnati Enquirer today reports that "Voter fraud battle heats up; Court rulings, lawsuits, calls for investigations all in a day's work." And The Associated Press provides a report headlined "Federal court: Ohio must check voter registrations." You can access yesterday's en banc ruling of the U.S. Court of Appeals for the Sixth Circuit at this link. At his "Election Law" blog, Rick Hasen offers these thoughts on the ruling. In commentary available online from FindLaw: Sherry F. Colb has an essay entitled "The Fourth Amendment, Once Removed: The Supreme Court Examines a New Search and Seizure Loophole." And Joanna Grossman has an essay entitled "And Connecticut Makes Three: The State's Highest Court Declares Same-Sex Marriage Ban Unconstitutional." "2nd Circuit Trims 'At Issue' Waiver's Scope for Privilege": law.com provides a report that begins, "The scope of a waiver of the attorney-client privilege when the party invoking the privilege has put the communication at issue in a lawsuit has been clarified by the 2nd U.S. Circuit Court of Appeals." My earlier coverage of yesterday's Second Circuit ruling appears at this link. Tuesday, October 14, 2008 Now-vindicated previously dissenting judge of the day: On April 13, 2006, the following post appeared at this blog: Payback is ... an obstacle to mootness: Today the majority on a divided three-judge panel of the U.S. Court of Appeals for the Seventh Circuit reverses the dismissal on mootness grounds of a taxpayer's establishment clause challenge to a grant of money by the Secretary of Education to the University of Notre Dame to be used for a program called Alliance for Catholic Education. Circuit Judge Richard A. Posner wrote the majority opinion, in which Circuit Judge Terence T. Evans joined. Circuit Judge Diane S. Sykes dissented, writing that she would affirm the district court's dismissal for mootness.Now, two years, six months, and one day later, following a GVR from the U.S. Supreme Court, that same three-judge panel has unanimously joined in an opinion written by Circuit Judge Sykes dismissing the case as moot. Posted at 09:14 PM by Howard Bashman "The Roberts Court at Age Three": Dean Erwin Chemerinsky has posted this article online at SSRN (via "Legal Theory Blog"). Posted at 08:44 PM by Howard Bashman "Courts hears NC minority voting rights lawsuit": Mark Sherman of The Associated Press has an article that begins, "Supreme Court justices appeared reluctant Tuesday to expand protections of a landmark voting rights law in a case from North Carolina." And at "SCOTUSblog," Lyle Denniston has a post titled "Line-drawing and drawing lines in politics." The U.S. Supreme Court has posted online the transcripts of all three cases argued today: Bartlett v. Strickland, No. 07-689; Pearson v. Callahan, No. 07-751; and Oregon v. Ice, No. 07-901. "Appeals court rules against ban on Qualcomm chips": The Associated Press provides a report that begins, "A federal appeals court Tuesday ruled that the International Trade Commission's ban on imports of cell phones with chips made by Qualcomm Inc. overstepped the commission's authority." Reuters provides a report headlined "Appeals court vacates ITC ban against Qualcomm." And Brent Kendall and Roger Cheng of Dow Jones Newswires report that "US Court Vacates Ban On Cellphones Using Qualcomm Chips." You can access today's ruling of the U.S. Court of Appeals for the Federal Circuit at this link. "Court hears arguments in landmark tobacco case": Hope Yen of The Associated Press has an article that begins, "A federal appeals court expressed skepticism Tuesday that a landmark ruling that cigarette makers deceived the public for decades about smoking risks could be supported under racketeering laws." Update: And at "The BLT: The Blog of Legal Times," Mike Scarcella has a post titled "Appellate Judges Critical of Landmark Tobacco Decision." "Sunny Day. The Chief Dissents. A Touch of Noir." Tony Mauro has this post at "The BLT: The Blog of Legal Times." And Mark Sherman of The Associated Press reports that "Roberts channels his inner Raymond Chandler." Both items report on a dissent from the denial of certiorari that Chief Justice John G. Roberts, Jr. issued today. "Free Press fights to protect reporter's sources": Today's edition of The Detroit Free Press contains an article that begins, "The Free Press sought Monday to prevent a former federal prosecutor from attempting to obtain the identity of a reporter's unnamed sources in a 2004 story. David Ashenfelter, who covers federal courts for the paper, has been ordered to answer questions posed by lawyers representing ex-prosecutor Richard Convertino." And The Associated Press reports that "Detroit reporter fights deposition over sources." "Dissent blocked in DeLay case, justice says; Accusation is latest twist in already political legal battle": The Austin American-Statesman today contains an article that begins, "A 3rd Court of Appeals justice is accusing Chief Justice Ken Law of refusing to file her dissent in a politically charged case involving two associates of former U.S. House Majority Leader Tom DeLay. Justice Jan Patterson, a Democrat, is asking the Texas Supreme Court to intervene." Posted at 11:57 AM by Howard Bashman Second Circuit issues decision addressing circumstances where the attorney-client privilege will be deemed waived when the advice of counsel is placed in issue: You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link. Posted at 11:04 AM by Howard Bashman "Three face court over kangaroo t-shirts": Reuters provides a report that begins, "Three people who showed up at Singapore's supreme court in T-shirts printed with a kangaroo dressed in a judge's gown will be brought to court for contempt, Singapore's attorney general said on Tuesday." Posted at 10:52 AM by Howard Bashman "Supreme Court allows Troy Davis execution": Bill Rankin of The Atlanta Journal-Constitution provides this news update. And The Associated Press reports that "High court turns down Ga. death row inmate." "Court clears way for Davis execution": Lyle Denniston has this post at "SCOTUSblog." You can access today's Order List of the Supreme Court of the United States at this link. "U.S. Court of Appeals will hear cases here": This article appeared Sunday in The Buffalo News. Posted at 09:30 AM by Howard Bashman "Letters outline Nichols' escape plot; Murder suspect tells Connecticut correspondent he loves her and that they will meet after he throws off police by planting 'clues' on the Silver Comet Trail": The Atlanta Journal-Constitution contains this article today. Posted at 09:10 AM by Howard Bashman "A 'light' lawsuit: The Supreme Court should side with tobacco companies." This editorial appears today in The Los Angeles Times. Posted at 09:07 AM by Howard Bashman "Justice Ginsburg to discuss court's 'lighter side' with provost, Oct. 23": Princeton University recently issued this news release. Posted at 08:47 AM by Howard Bashman "Stuck in Hotel Guantanamo: Cleared for release, Chinese Muslim detainees deserve asylum in USA." USA Today contains this editorial today. In response, U.S. Senator Lindsey Graham (R-S.C.) has an op-ed entitled "A dangerous precedent: Releasing Uighurs into U.S. could imperil Americans, detainees." "Lawyers Criticize Quality of Guantanamo Interpreters; Fairness of Sept. 11 Trials Said to Be Undermined": This article appears today in The Washington Post. Posted at 08:37 AM by Howard Bashman "A Majority In Connecticut Poll Backs Gay Marriage Ruling": The Hartford Courant contains this article today. Posted at 08:34 AM by Howard Bashman "Staring Down the Barrel: the Rise of Guns in China; In a Nation That Bans Guns and Celebrates Them, Armed Criminals and Hunters Pose New Problems for Authorities." This article appears today in The Wall Street Journal. And yesterday at "The BLT: The Blog of Legal Times," Joe Palazzolo had a post titled "Fee Dispute in Gun Case Heats Up." "SC: MILF deal unconstitutional." Inquirer.net provides a report from the Philippines that begins, "The Supreme Court has declared unconstitutional the Memorandum of Agreement on Ancestral Domain (MOA-AD) between the government and the Moro Islamic Liberation Front (MILF)." Reuters reports that "Top Philippine court says deal with rebels illegal." And The Associated Press reports that "Top Philippine court rejects Muslim autonomy deal." "Volkswagen Wins U.S. Appeals Court Ruling Over Trial Locations": Bloomberg News provides this report. Posted at 08:09 AM by Howard Bashman "Court to hear appeals in landmark tobacco case": Hope Yen of The Associated Press has an article that begins, "The tobacco industry is asking a federal appeals panel to overturn a landmark ruling that could open the door to more lawsuits from smokers claiming they were harmed because they were deceived by cigarette companies." The case will be argued today before a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit. "Greenhouse talks Supreme Court": This article appears today in The Yale Daily News. Posted at 07:58 AM by Howard Bashman Available online from law.com: Tony Mauro has an article headlined "Can McCain or Obama Turn the Supreme Court? Legal scholars predict the outcome on key issues if a U.S. Supreme Court justice steps down in the next four years." An en banc ruling that the U.S. Court of Appeals for the Fifth Circuit issued last Friday (see my earlier coverage at this link) has resulted in articles headlined "5th Circuit Grants Mandamus on Venue Dispute in Eastern District" and "5th Circuit Ruling Shoots Down IP Rocket Docket." An article reports that "Connecticut's Same-Sex Marriage Ruling Draws on California's." And in other news, "Pa. High Court to Eye Law Firm Partnership Questions." Monday, October 13, 2008 "Linda Greenhouse, legendary New York Times reporter looks back on three decades chronicling the Supreme Court--including her run-ins with the journalism ethics police." Charles Kaiser has this interview at Radar Online. And the September 2008 issue of The Third Branch newsletter also contained an interview with Linda Greenhouse headlined "Pulitzer Prize Winning Reporter Discusses the Media and the Federal Judiciary." "Accused 9/11 planner entitled to a laptop, judge rules": Today in The Miami Herald, Carol Rosenberg has an article that begins, "Guantanamo guards must furnish confessed al Qaeda kingpin Khalid Sheik Mohammed and his four alleged co-conspirators with enough battery power to use their prison camp laptops 12 hours a day -- but the 9/11 accused can't surf the Internet, a military judge ruled. Marine Col. Ralph Kohlmann, the judge, issued the decision a week ago. It turned up Sunday on a Defense Department website, which under the ruling the men will not be allowed to see live." The newspaper has posted the ruling at this link. "Lawyer challenges city limits on gun sales": The Pittsburgh Post-Gazette today contains an article that begins, "An attorney who wants to arrange gun transfers from his East Carson Street office is trying to void city rules on where firearms can be sold in a case that has become a cause celebre for the National Rifle Association." Posted at 09:10 AM by Howard Bashman "Gay Marriage Ruling Ended Long Journey Of Soul": Yesterday's edition of The Hartford Courant contained this lengthy article. Posted at 08:54 AM by Howard Bashman "Abortion Rights on the Ballot, Again": This editorial appears today in The New York Times. Posted at 08:30 AM by Howard Bashman In commentary available online from FindLaw: Edward Lazarus has an essay entitled "The Supreme Court, the Election, and the Recession: How Does the Court Fit In, and How Might Changing Circumstances Change the Court and Its Role?" And Steve Sanders has an essay entitled "American Legal Conservatives Oppose the Citation of Foreign Law, But What About the Hallowed Practice of Citing to Blackstone?" "More judges under investigation; Experts call 5 ongoing probes of federal jurists unprecedented": The Houston Chronicle today contains a front page article that begins, "U.S. District Judge Samuel Kent is the first federal judge to be indicted for alleged federal sex crimes, but he's only the latest in a string of jurists to face misconduct allegations in 2008, for behavior such as frequenting a topless club or lying under oath. Nationwide, four other federal judges are being investigated for, among other things, taking cash from lawyers, using an escort service, posting nude photos on a personal Web site and abusing power in court." Posted at 08:20 AM by Howard Bashman "We do not, by our decision today, intend to establish any general rule for personal jurisdiction in the internet context." So writes a three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit in the eighth footnote to a ruling issued last Friday in a case involving a claim for trademark infringement arising out of the defendant's allegedly unauthorized use of the plaintiff's name, photograph, and apparent endorsement of the defendant on a web site. Footnote eight continues: "Our holding, as always, is limited to the facts before us. We hold only that where the internet is used as a vehicle for the deliberate, intentional misappropriation of a specific individual's trademarked name or likeness and that use is aimed at the victim's state of residence, the victim may hale the infringer into that state to obtain redress for the injury. The victim need not travel to the state where the website was created or the infringer resides to obtain relief." "On the Road? Case Involving Judge's Discretion In Weighing Transfer Motion Could Affect Eastern District Filings." In the May 26, 2008 of Texas Lawyer, John Council had an article that begins, "In a mandamus case that could significantly alter one of the hottest federal civil dockets in Texas, the full 5th U.S. Circuit Court of Appeals heard arguments on May 22 over whether a trial judge's discretion should be limited when a party moves to transfer venue. The stakes in In Re: Volkswagen are huge, because the case could end up stemming the tide of product liability suits filed in the Eastern District of Texas." Last Friday, the en banc U.S. Court of Appeals for the Fifth Circuit issued its ruling in the case. By a vote of 10-7, the en banc court has ruled that "a writ of mandamus should issue directing the transfer of this case from the Marshall Division of the Eastern District of Texas--which has no connection to the parties, the witnesses, or the facts of this case--to the Dallas Division of the Northern District of Texas--which has extensive connections to the parties," Sunday, October 12, 2008 "Rape victim studying science of memory after man dies serving wrongful sentence": The Dallas Morning News today contains an article that begins, "Michele Mallin said she was '100 percent sure' when she identified Timothy Brian Cole as the man who raped her. Her resolve never wavered, Ms. Mallin said, until she learned last May that DNA testing had invalidated her 1985 identification. The revelation came nearly nine years after Mr. Cole died at 39 in a Texas prison from an asthma attack." The newspaper also contains related articles headlined "Faulty eyewitness convictions date to early 1900s"; "Eyewitnesses still play key roles in cases where DNA, other evidence is lacking"; "18 Dallas County cases overturned by DNA relied on heavily eyewitness testimony"; "Police have a history of violating photo lineup best practices"; "DNA exoneree was mistakenly identified twice in one day"; and "DNA exoneree fell victim to 'drive-by' identification." "Gableman's calls from DA office under investigation; Justice says calls to fund-raisers were not political": Today's edition of The Milwaukee Journal Sentinel contains an article that begins, "Already facing possible discipline from a Judicial Commission complaint, state Supreme Court Justice Michael Gableman also is now under investigation by the Office of Lawyer Regulation for long-distance calls to campaign fund-raisers and donors from his office when he was a district attorney." And The Wisconsin State Journal reports today that "Wisconsin Supreme Court campaigns will change, observers say." "Others seek to take over chief judge's 5-to-9 job": The Associated Press provides this report from New York State. Posted at 10:22 PM by Howard Bashman "'One Dollar for Every West Virginian': The crazy judicial corruption case that the Supreme Court should hear." Law Professor Amanda Frost has this jurisprudence essay online at Slate. Posted at 10:02 PM by Howard Bashman "Sentencing Panel Mulls Alternatives to Prison": The Washington Post today contains an article that begins, "As the nation's inmate population climbs toward 2.5 million, the U.S. Sentencing Commission is considering alternatives to prison for some offenders, including treatment programs for nonviolent drug users and employment training for minor parole violators." Posted at 07:54 PM by Howard Bashman "Draft signup rules unfair to men? A lawsuit against the federal government is raising the argument that the Selective Service System has violated the U.S. Constitution by discriminating against men." The Pittsburgh Post-Gazette today contains this lengthy article, the first in a three-part series. And a related article is headlined "No draft, but boards are poised and ready." "Guantanamo prosecutor who quit had 'grave misgivings' about fairness; Convinced that key evidence was being withheld from the defense, Lt. Col. Darrel J. Vandeveld went from being a 'true believer to someone who felt truly deceived' by the tribunals": This front page article appears today in The Los Angeles Times. And the newspaper also contains an editorial entitled "The shadow of Gitmo: The next president must act to help America reclaim its principles." Saturday, October 11, 2008 "A Guantanamo Homecoming: It will be harder to tune them out when they are not just nameless men behind barbed wire." Dahlia Lithwick will have this essay in the October 20, 2008 issue of Newsweek. Posted at 10:57 PM by Howard Bashman "BALCO sentence could be good news for Bonds": Today in The San Francisco Chronicle, Lance Williams has an article that begins, "In a rebuff to the prosecutors targeting Barry Bonds, a federal judge refused Friday to imprison a former bicycle racer for lying to the grand jury that investigated the BALCO scandal." And The New York Times reports today that "Cyclist Avoids Prison Time, Which May Benefit Bonds." "The Navy, Whales and the Court": The New York Times contains this editorial today. Posted at 10:44 PM by Howard Bashman "U.S. Supreme Court Is Asked to Fix Troubled West Virginia Justice System": Adam Liptak will have this article Sunday in The New York Times. Posted at 10:37 PM by Howard Bashman "State Supreme Court Legalizes Same-Sex Marriage": This article appears today in The Hartford Courant, along with articles headlined "High Emotions On Both Sides Of Gay Marriage Case" and "Catholic Bishops Urge 'Yes' Vote On Constitutional Convention." Today's edition of The New Haven Register contains articles headlined "In controversial ruling, state supreme court says gay marriage ban is unconstitutional" and "State is 3rd in nation to take historic step." The Boston Globe reports that "Conn. ruling allows same-sex marriage; Activists rejoice following sharply divided opinion." The New York Times reports that "Gay Marriage Is Ruled Legal in Connecticut." The newspaper also contains an editorial entitled "Separate Is Not Equal." In The Los Angeles Times, David G. Savage reports that "Connecticut justices give gays right to marry; The high court says allowing same-sex couples only civil unions is not full equality." And The Washington Post reports that "Conn. Ban On Gay Marriage Reversed; State's High Court Issues 4-3 Ruling." In this post from yesterday, I provided links to yesterday's majority and dissenting opinions of the Supreme Court of Connecticut. Friday, October 10, 2008 The Associated Press is reporting: Mark Sherman has an article headlined "Court considers case on judicial ethics" that begins, "Supreme Court justices regularly confront cases involving companies they own shares in or that employ a family member. The decision is easy - the justices have a conflict of interest that forces them to play no role in the case. But what happens when the issue is less clear and a judge has the appearance of a conflict, but no personal stake in the outcome of a dispute? The court is considering a case that asks whether the Constitution requires judges to step aside in that instance." And in other news, "Okla. abortion ultrasound requirement challenged." Philadelphia Phillies 8, Los Angeles Dodgers 5: This afternoon, my son and I were at Citizens Bank Park in Philadelphia to watch game two of the National League Championship Series. Following last night's tense, come-from-behind 3-2 Phillies victory, today's game saw the Phillies prevail by a more comfortable three-run margin, although the home team again had to come from behind to win. Moreover, the Phillies had enjoyed an 8-2 lead for just a few moments before Manny Ramirez hit a three-run line drive homer to left field in the top of the fourth inning. Both teams were held scoreless in their final five half-innings at bat, and as a result the Phillies take a two games to none lead to the west coast, where game three will be played Sunday night. If the NLCS returns to Philadelphia, my son and I plan to be there, given that we also have tickets to games six and seven of this series. And we are cautiously optimistic that we will be able to actually use our Phillies World Series tickets this year. You can access the box score of this afternoon's NLCS game at this link, while wraps are available here and here. "High Court Grants Gay Marriage Rights": The Hartford Courant provides a news update that begins, "Same-sex couples won the right to marry in Connecticut in an historic ruling by the Supreme Court today. Citing the equal protection clause of the state constitution, the justices ruled that civil unions were discriminatory. In a 4-3 decision released at 11:30 a.m., the majority wrote that the state's 'understanding of marriage must yield to a more contemporary appreciation of the rights entitled to constitutional protection.'" And The Associated Press reports that "Conn. high court rules same-sex couples can marry." Today's ruling of the Supreme Court of Connecticut consists of a majority opinion and three dissenting opinions (here, here, and here). "[U]nder what circumstances can a Chinese national rely on the birth of more than one child to demonstrate the well-founded fear of persecution necessary to qualify for asylum as a 'refugee'?" A three-judge panel of the U.S. Court of Appeals for the Second Circuit has today issued a lengthy opinion addressing that question. Posted at 11:18 AM by Howard Bashman "State Supreme Court To Rule On Gay Marriage Case": The Hartford Courant provides a news update that begins, "The Connecticut Supreme Court is poised today to rule on a landmark gay marriage case that could fundamentally change the social landscape of the state. The court will decide if the state constitution grants same-sex couples the right to marry, an issue the state legislature has flirted with in recent years after approving civil unions in 2005." According to the web site of the Supreme Court of Connecticut, the decision is scheduled to be "Released after 11:30 a.m." "Prosecutor's bid to force recusal of judge rejected; Jurist's ties to DeLay fail to sway court of appeals": The Houston Chronicle contains this article today. Posted at 09:17 AM by Howard Bashman "The Terrorists Next Door: Justice Kennedy's consequences." This editorial appears today in The Wall Street Journal. Posted at 09:12 AM by Howard Bashman "Bars of trouble: Cell phones in jail." Today in The Pittsburgh Post-Gazette, Torsten Ove has an article that begins, "People in jail aren't supposed to have cell phones. But across America, one way or another, they're getting them." Posted at 08:45 AM by Howard Bashman "Nassau's 'Wall of Shame' defendant sues": Today's edition of Newsday contains an article that begins, "One of the defendants on Nassau's drunken driving Wall of Shame has sued the county, demanding that her name and photograph be removed from the online gallery of defendants because it's unconstitutional. Attorney Brian Griffin of Garden City says that by posting the names and mug shots of people who are arrested on drunken driving charges, County Executive Thomas Suozzi is punishing people who have not yet been found guilty of a crime." Posted at 08:17 AM by Howard Bashman "Troopergate findings are due today; Legislative Council will decide on release": The Anchorage Daily News today contains an article that begins, "The Alaska Supreme Court has cleared for possible release to the public today the Legislature's highly anticipated investigative report on whether Gov. Sarah Palin abused her power. The court Thursday rejected an attempt by a group of six Republican legislators to keep the report into the so-called Troopergate affair from being made public." My earlier coverage of yesterday's Alaska Supreme Court order appears at this link. In the new issue of The Harvard Law Record: The publication contains articles headlined "Justice Scalia defends originalism" and "Kevorkian reconsiders 9th amendment." Posted at 07:50 AM by Howard Bashman "Remembering Cooper v. Aaron, the Supreme Court Case That Sent the Message that Brown's Promise of Desegregation Must Be Kept": Carl Tobias has this essay online at FindLaw. Posted at 07:44 AM by Howard Bashman Thursday, October 9, 2008 "9th Circuit's Kozinski Faces New Misconduct Complaint From Familiar Foe; Attorney who filed complaint was the one who exposed Kozinski for having sexually explicit images on his personal Web site": Pamela A. MacLean of The National Law Journal provides this report. Posted at 11:08 PM by Howard Bashman "Appeals Panel Issues Stay of Order Freeing Detainees": The New York Times contains this article today. The Washington Post reports today that "Chinese Detainees' Release Is Blocked; Justice Dept. Seeks More Time for Appeal." The newspaper also contains an editorial entitled "17 Detainees: A federal judge overreached in an effort to free Chinese Uighurs from an unjustified legal limbo." Friday in The Christian Science Monitor, Warren Richey will have an article headlined "Showdown ahead over 17 Uighur detainees; The Justice Department says the judiciary does not have the power to release Guantánamo detainees into the US." And The Associated Press provides reports headlined "Chinese Muslims' release into US blocked for now"; "China says it won't torture Guantanamo detainees"; and "Some at Gitmo see US as ally." "SCOTUSblog" has posted online the D.C. Circuit's order at this link. And today, the U.S. District Court for the District of Columbia issued this redacted opinion explaining the basis for its ruling. "California leads the nation in gay rights; Incremental victories in the Legislature and the courts over the last decade will remain even if Proposition 8 is approved": This article appears today in The Los Angeles Times. Posted at 10:45 PM by Howard Bashman "Supreme Court Hears Environmental, Employment Discrimination Cases": law.com's Tony Mauro has this report. Posted at 10:42 PM by Howard Bashman "Court Weighs Concerns on Whales and Military": Adam Liptak has this article today in The New York Times. Today in The Los Angeles Times, David G. Savage reports that "Supreme Court hears case about Navy sonar and whales; Justices appear split about whether military's security needs outweigh the potential risks to marine mammals during training exercises." Joan Biskupic of USA Today reports that "Court weighs Navy vs. whales; Sonar tests argued as vital." And The Washington Post reports that "NOAA, Court Focus On Marine Mammals; Ship Speed Limited; Sonar Use Debated." "State, town can't agree on who argues tribal land case": This article appears today in The Providence (R.I.) Journal. And at "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "Supreme Court Dispute Gets Nastier." "Supreme Court won't block Troopergate inquiry": The Anchorage Daily News provides an update that begins, "The Alaska Supreme Court today rejected an attempt by a group of six Republican legislators to shut down the Legislature's investigation of Gov. Sarah Palin." You can access today's order of the Supreme Court of Alaska at this link. "S.F. ridicules tobacco giant's free-speech argument against ban": Bob Egelko of The San Francisco Chronicle has a news update that begins, "Philip Morris' argument that San Francisco's new ban on tobacco sales in drugstores violates freedom of speech was derided Thursday by the city's lawyers, who said the First Amendment doesn't guarantee the right to sell cigarettes." Posted at 10:03 PM by Howard Bashman "Southampton woman's strip-search case gets trial": Today's issue of Newsday contains an article that begins, "A federal appellate court Wednesday ordered that a trial be held to determine if Southampton Village police violated the civil rights of a woman by strip-searching her in a cell that contained a video camera. Stacey Hartline, then 21, sued the village and four police officers for $1 million in 2003 after she was strip-searched, following a misdemeanor arrest for marijuana possession. The charges were eventually dismissed." And The Associated Press provides a report headlined "Appeals court: Search violated NY woman's rights." You can access yesterday's ruling of the U.S. Court of Appeals for the Second Circuit at this link. "Federal court hears case of Nazi-era painting": Edward Fitzpatrick has this article today in The Providence (R.I.) Journal about a case argued yesterday before a three-judge panel of the U.S. Court of Appeals for the First Circuit. And The Associated Press reports that "RI woman seeks return of portrait in Nazi-era case." "Oregon court sees frozen embryos as property rights issue": The Oregonian today contains an article that begins, "A divorcing couple's years-old agreement to thaw out frozen embryos trumps the ex-husband's recent desire to donate them to another woman trying to have children, the Oregon Court of Appeals said Wednesday." And The Associated Press reports that "Ore. court rules frozen embryos can be destroyed." You can access yesterday's ruling of the Oregon Court of Appeals at this link. "Judges rule against suspended lawyer": Today's edition of The San Antonio Express-News contains an article that begins, "Suspended San Antonio lawyer Ted H. Roberts, who extorted $100,000 from his wife's lovers, is another step closer to prison. A three-judge panel of the 4th Court of Appeals on Wednesday upheld Roberts' conviction, finding that he misused civil litigation petitions to threaten and trick the men into giving him the money." You can access yesterday's ruling of the Fourth Court of Appeals of Texas at this link. Wednesday, October 8, 2008 "Supreme Court hears case on Navy sonar, whales; The justices appear divided on whether environmental laws can protect the marine mammals during military exercises; A ruling is not expected for several months": David G. Savage of The Los Angeles Times provides this news update. Michael Doyle of McClatchy Newspapers reports that "At Supreme Court, sonar case pits whales against Navy." And The Washington Post provides a news update headlined "High Court to Settle Dispute Over Navy Sonar's Impact on Whales." "Court sympathetic to worker's retaliation claims": Mark Sherman of The Associated Press has an article that begins, "Supreme Court justices indicated Wednesday they would side with a longtime government worker who claims she was fired in retaliation after she cooperated with a sexual harassment investigation." Posted at 04:40 PM by Howard Bashman "Court wrestles with case on Navy sonar, whales": Mark Sherman of The Associated Press provides this report. The U.S. Supreme Court has already posted online the transcript of today's oral argument in Winter v. Natural Resources Defense Council, Inc., No. 07-1239. Update: Later today, the Court posted online the transcripts of the second case argued today, Summers v. Earth Island Institute, No. 07-463, and the third case argued today, Crawford v. Metropolitan Government of Nashville and Davidson Cty., No. 06-1595. "Foes of gay-marriage ban say poll shows Prop. 8 leading; The campaign says it is being outspent and urges more donations; Both sides ramp up outreach to Latinos": This article appears today in The Los Angeles Times. The San Francisco Chronicle reports today that "Prop. 8 battle draws in $46 million." And The New York Times reports that "Gay Couples Rush to the Altar in California Ahead of November Vote." "Nichols on tape: Killings 'noble.'" Today's edition of The Atlanta Journal-Constitution contains an article that begins, "The calmness in his voice gave no hint he'd just killed four people whom he describes as both innocent victims and casualties of war. At times, Brian Nichols sounded almost meek Tuesday as he justified to police his March 11, 2005, Fulton County Courthouse killing spree as a slave rebellion in which he was a 'noble soldier.' In a three-hour videotaped confession played during his trial, Nichols is shown sitting across a table from an Atlanta Police Department homicide detective, detailing each of four fatal shootings. The dramatic account is the first public revelation of Nichols' own words -- what he was thinking, or not thinking, as he pulled the trigger." The newspaper has posted online an excerpt of the video at this link. Kate Coscarelli of The Newark (N.J.) Star-Ledger is reporting: In today's newspaper, she has articles headlined "Justices hear debate on when defendant can withdraw plea" and "Court to decide on credibility of DWI tipsters." Posted at 09:02 AM by Howard Bashman "Marijuana law unconstitutional, lawyer argues": Bill Rankin has this article today in The Atlanta Journal-Constitution. According to the article, the Georgia statute in question provides, "Notwithstanding any law to the contrary, any person who is charged with possession of marijuana, which possession is of one ounce or less, shall be guilty of a misdemeanor." "Court hears case Wednesday on Navy sonar, whales": Mark Sherman of The Associated Press provides this report. Posted at 08:52 AM by Howard Bashman "Federal appeals court makes rare Providence appearance": Today in The Providence (R.I.) Journal, Edward Fitzpatrick has an article that begins, "Judges from the federal appeals court based in Boston will hear arguments in Providence this morning as part of the centennial of the federal courthouse in Kennedy Plaza." Posted at 08:35 AM by Howard Bashman "E-mails suggest Pfizer tried to suppress study on drug; Suits say company misled on Neurontin": The Boston Globe today contains an article that begins, "Top drug company marketing executives suppressed a large European study suggesting their blockbuster medication Neurontin was ineffective for chronic nerve pain, and they privately strategized about how to silence a British researcher who wanted to go public with the data, according to newly filed documents and e-mails that are part of a Boston court case." And The New York Times reports today that "Experts Conclude Pfizer Manipulated Studies." "Judge Orders 17 Detainees at Guantanamo Freed": This article appears today in The New York Times. Today's edition of The Washington Post contains a front page article headlined "Chinese Muslims Ordered Released From Guantanamo." The newspaper also reports that "D.C. Area Families Are Ready to Receive Uighur Detainees." David G. Savage of The Los Angeles Times reports that "Judge orders 17 Chinese Muslims released from Guantanamo Bay; U.S. District Judge Ricardo Urbina is to decide where in the U.S. the men can be released; The Pentagon cleared most of them of wrongdoing four years ago." Jess Bravin of The Wall Street Journal reports that "Judge Orders the Release of 17 Out of Guantanamo, Into U.S." And Marisa Taylor of McClatchy Newspapers reports that "Judge orders 17 Guantanamo detainees released to U.S." Late last night, "SCOTUSblog" posted this transcript of the judge's oral ruling. "Justices Weigh Value of a Rule That Limits Evidence": Adam Liptak has this article today in The New York Times. Posted at 08:12 AM by Howard Bashman "At Law School, former U.S. attorney discusses his alleged political firing": The Yale Daily News contains this article today. Posted at 08:10 AM by Howard Bashman "Students Briefed for Day in Court": This article appears today in The Harvard Crimson. According to the article, the students will be taking "a 24-hour trip to Washington D.C. to hear two Supreme Court cases and meet with Justice David H. Souter '61 next Tuesday." Posted at 08:05 AM by Howard Bashman "AP Exclusive: Documents say detainee near insanity." The Associated Press provides a report that begins, "A U.S. military officer warned Pentagon officials that an American detainee was being driven nearly insane by months of punishing isolation and sensory deprivation in a U.S. military brig, according to documents obtained by The Associated Press." Posted at 08:02 AM by Howard Bashman "Gableman charged with misconduct by Judicial Commission over campaign ad": Today's edition of The Wisconsin State Journal contains an article that begins, "For the second time in just over a year, the state agency that investigates wrongdoing by judges has leveled misconduct charges against a new member of the state Supreme Court." The Milwaukee Journal Sentinel reports today that "Judicial Commission says Gableman ad was deceiving." And The Associated Press provides a report headlined "Wis. judicial panel: Punish new judge for false ad." "More on the Upcoming Supreme Court Case of Wyeth v. Levine and the Preemption Temptation": Anthony J. Sebok and Benjamin C. Zipursky have this essay -- the last in a two-part series -- online at FindLaw. Part one can be accessed here. Posted at 07:45 AM by Howard Bashman Tuesday, October 7, 2008 "Court to decide when public lands management can be challenged": Michael Doyle of McClatchy Newspapers has an article that begins, "A well-seasoned Sequoia National Forest logging dispute comes to a boil Wednesday, as the Supreme Court considers when activists can challenge the management of federal lands." Posted at 11:34 PM by Howard Bashman "Ohio court weighs opening records": The Cincinnati Enquirer provides a news update that begins, "Medical records of pregnant teenagers, and perhaps all Ohioans, could become public in a case before the state Supreme Court. Supreme Court justices are expected to rule by early next year on the first civil case of its kind in the nation seeking private records of minors." And The Associated Press reports that "Ohio top court mulls Planned Parenthood files." The Supreme Court of Ohio provides this background about the case. And by clicking here (RealPlayer required), you can view today's oral argument of the appeal. "High court dispute over who gets retirement money": Mark Sherman of The Associated Press has an article that begins, "If William Kennedy had updated all his financial paperwork in accordance with his divorce decree, chances are his daughter would not have been at the Supreme Court on Tuesday fighting for the $402,000 she thinks should be hers." Posted at 11:10 PM by Howard Bashman Access the transcripts of two cases argued today in the Supreme Court of the United States: Now available online are the transcripts for Herring v. United States, No. 07-513, and Arizona v. Gant, No. 07-542. Update: Later today, the Court also posted online the transcript of oral argument from the third and final case argued today, Kennedy v. Plan Administrator for DuPont Sav. and Investment Plan, No. 07-636. "Judge orders release of Chinese Muslims into US": Hope Yen of The Associated Press has a report that begins, "A federal judge ordered the Bush administration Tuesday to immediately release a small group of Chinese Muslims from Guantanamo Bay into the United States." Posted at 02:30 PM by Howard Bashman Two recent posts of interest at "The BLT: The Blog of Legal Times." Tony Mauro has a post titled "'Massive Impasse' at the Supreme Court" that begins, "It's the classic dilemma that faces parties who suddenly find themselves before the Supreme Court. Who should argue: the lawyer who has been with the case from the beginning, or a seasoned Supreme Court advocate who knows which buttons to push to win the hearts and votes of five justices?" And Mike Scarcella has a post titled "D.C. Circuit Takes Up Hairy Dispute in Beards Case." "Skepticism greets non-union fees case": Tony Mauro has this news analysis online at the First Amendment Center. Posted at 12:27 PM by Howard Bashman "This case presents the question of whether it is constitutional for a public middle school to regulate the time, place, and manner of a student's speech by preventing him from handing out leaflets in school hallways between classes and instead allowing him to post his leaflets on hallway bulletin boards and to distribute them during lunch hours from a cafeteria table." So begins a ruling that the U.S. Court of Appeals for the Sixth Circuit issued today. According to the ruling, the student wanted to distribute leaflets in connection with the Third Annual Pro-Life Day of Silent Solidarity. Posted at 10:45 AM by Howard Bashman "They're Back": Late yesterday at her "Legalities" blog, ABC News correspondent Jan Crawford Greenburg had a post that begins, "The justices returned from their summer break today, and, as always, it felt a whole lot like being back in school after a few carefree months off." Posted at 10:23 AM by Howard Bashman "Court Won't Force Testimony On Firings of U.S. Attorneys; Issue Left to Next Congress In Victory for White House": This article appears today in The Washington Post. My earlier coverage of yesterday's D.C. Circuit ruling appears at this link. "Brian Nichols trial: Prisoner-turned-captor testifies; The woman killer trusted says he was not making sense." The Atlanta Journal-Constitution today contains an article that begins, "Brian Nichols claimed he was a 'soldier for his people' when he killed a judge, a court reporter and a sheriff's deputy and escaped from his rape trial at the Fulton County Courthouse three years ago, according to one person he trusted during his 26-hour crime spree." And The Los Angeles Times reports today that "Woman testifies about placating kidnapper; Ashley Smith Robinson used the Bible and crystal meth to calm Brian Nichols, who faces four murder charges stemming from mayhem at an Atlanta courthouse in 2005." "Transgender Candidate Who Ran as Woman Did Not Mislead Voters, Court Says": The New York Times today contains an article that begins, "The Georgia Supreme Court ruled Monday that a transgender politician did not mislead voters by running for office as a woman." And The Atlanta Journal-Constitution reports today that "Riverdale woman victorious in court ruling." You can access yesterday's ruling of the Supreme Court of Georgia at this link. "State court rules vaccine suit can proceed": Today in The Atlanta Journal-Constitution, By Bill Rankin has an article that begins, "An Atlanta couple's lawsuit against vaccine manufacturers can go to trial on claims a childhood vaccine caused neurological damage to their young son, the Georgia Supreme Court ruled Monday. In a landmark decision, the state high court unanimously ruled that Marcelo and Carolyn Ferrari's lawsuit is not barred by the 1986 National Childhood Vaccine Injury Compensation Act. The court upheld a prior decision by the Georgia Court of Appeals, which was the first appellate court in the nation to make such a ruling." You can access yesterday's ruling of the Supreme Court of Georgia at this link. "Bush, Though Not Campaigning, Delivers a Message to Voters: 'Judges Matter.'" This article appears today in The New York Times. The Washington Post reports today that "Bush Stresses Judicial Nominations; President Faults Democrats for 'Broken' Confirmation Process." And The Cincinnati Enquirer reports that "Bush strikes confident tone; Says economy will be 'just fine' in downtown speech." "Supreme Court Opens Term With a Tobacco Fraud Case": Adam Liptak has this article today in The New York Times. David G. Savage of The Los Angeles Times reports today that "Supreme Court opens term with cigarette marketing case; Justices hear arguments on whether cigarette makers defrauded smokers with claims about light and low-tar cigarettes." In USA Today, Joan Biskupic reports that "High court seems to lean toward cigarette-makers; Boundary of state-federal law at crux of case weighing smokers' complaints over labeling." And The Washington Post reports that "Suit on Tobacco Ads Sparks Feisty Debate; Marketing of 'Light' Cigarettes at Issue." "Wilkins retires from court to join law firm; Former U.S. Appeals Court judge will be based at Nexsen/Pruet Greenville office": This article appeared Sunday in The Greenville News. Posted at 08:04 AM by Howard Bashman "Dissenting Opinions on the Supreme Court's Future": Today in The Wall Street Journal, Jess Bravin has articles on that subject headlined "John McCain: Looking to the Framers" and "Barack Obama: The Present Is Prologue." Posted at 08:00 AM by Howard Bashman "State, union battle in D.C." Today's edition of The Kennebec Journal contains an article that begins, "The U.S. Supreme Court heard arguments Monday in a case that pits 20 state workers against the Maine State Employees Association and the state of Maine." Posted at 07:54 AM by Howard Bashman "Defense: Reputed Klansman acquittal should stand." The Associated Press provides this report. Posted at 07:48 AM by Howard Bashman Monday, October 6, 2008 Warren Richey of The Christian Science Monitor is reporting: In Tuesday's newspaper, he will have articles headlined "High court case: If harassed workers talk, can they be fired? A Tennessee woman lost her job after she cooperated in a company investigation"; "Supreme Court lets stand death sentence after Bible reading; A death-row inmate claimed the jury foreman violated his fair-trial rights by reading out loud from Romans"; and "High court refuses to hear racial profiling case; Jose Cerqueira had sued American Airlines for discrimination after being removed from a flight in 2003." Posted at 11:17 PM by Howard Bashman "High court: Atlanta couple can sue over vaccination; Marcelo and Carolyn Ferrari can take case to court over son's disabilities." The Atlanta Journal-Constitution provides a news update that begins, "An Atlanta couple's lawsuit against vaccine manufacturers can go to trial on claims a childhood vaccine caused neurological damage to their young son, the Georgia Supreme Court ruled Monday. In a landmark decision, the state high court unanimously ruled that Marcelo and Carolyn Ferrari's lawsuit is not barred by the 1986 National Childhood Vaccine Injury Compensation Act. The court upheld a prior decision by the Georgia Court of Appeals, which was the first appellate court in the nation to make such a ruling." And law.com reports that "Ga. Supreme Court Backs Vaccine Suit in Autism Case; Conflicting with courts around the U.S., state Supreme Court says Congress didn't intend to 'pre-empt all design defect claims.'" You can access today's ruling of the Supreme Court of Georgia at this link. "Supreme Court skeptical about smokers' deception claims": Michael Doyle of McClatchy Newspapers provides this report. David G. Savage of The Los Angeles Times has a news update headlined "Supreme Court opens term with cigarette marketing case; Justices hear arguments on whether cigarette makers defrauded smokers with claims about light and low-tar cigarettes." James Vicini of Reuters reports that "US high court seems closely divided on tobacco case." And online at Slate, Dahlia Lithwick has a Supreme Court dispatch entitled "Smoke Rings: How to fight big tobacco without ever talking about the health risks of smoking." "Opening Day at the Supreme Court": Tony Mauro has this post at "The BLT: The Blog of Legal Times." Posted at 08:40 PM by Howard Bashman Additional coverage from The AP of today's U.S. Supreme Court Order List: Now available online are articles headlined "Court denies appeal of judge's sentencing goof"; "Terror case: Top court won't hear ex-prof's appeal"; and "Top court rejects Abu-Jamal appeal for new trial." Posted at 03:12 PM by Howard Bashman "Miers Wins Bid to Delay House Testimony on Firings": James Rowley and Robert Schmidt of Bloomberg News provide a report that begins, "A U.S. appeals court postponed congressional testimony by former White House Counsel Harriet Miers on the Bush administration's firing of nine federal prosecutors. The three-judge panel in Washington today agreed with the administration that Miers shouldn't have to testify until the appeals court rules on the merits of the case, which tests the limits of executive privilege." And Lara Jakes Jordan of The Associated Press reports that "Bush aides win delay for congressional testimony." You can access today's ruling of the U.S. Court of Appeals for the D.C. Circuit at this link. "Bush pushes Senate to confirm federal judges": The Associated Press provides this report. Update: The White House has posted the text of President Bush's remarks online at this link. Access online the transcript of today's U.S. Supreme Court oral argument in Altria Group, Inc. v. Good, No. 07-562: The Court has posted the transcript at this link. Update: The Court has now posted online the transcripts of the other two cases argued today, Locke v. Karass, No. 07-610, and Vaden v. Discover Bank, No. 07-773. "U.S. Justice Breyer Sheds Stocks, Can Hear More Cases": Greg Stohr of Bloomberg News has an article that begins, "Justice Stephen Breyer and his wife are selling many of their three dozen stocks, letting him take part in more business cases and reducing the conflict-of-interest issues that bedeviled the U.S. Supreme Court in its last term. Court spokeswoman Kathy Arberg confirmed Breyer's stock sales today after the justice participated in the court's rejection of several appeals that would previously have posed a conflict for him. Those decisions were part of a list of orders the high court released as it opened its 2008-09 term in Washington." Posted at 12:50 PM by Howard Bashman "A rough day for the FTC": Lyle Denniston has this post at "SCOTUSblog." And Mark Sherman of The Associated Press provides a post-argument report headlined "Cigarette suit first up in new court term Monday." "Courthouse to be dedicated Monday": Yesterday's edition of The Southeast Missourian contained an article that begins, "The name Rush Hudson Limbaugh Sr. is finally on display at the new federal courthouse in Cape Girardeau." Posted at 12:15 PM by Howard Bashman "Altria Seeks 'Knockout Blow' in Supreme Court 'Lights' Case": Greg Stohr of Bloomberg News provides this report. Posted at 10:37 AM by Howard Bashman Access online today's Order List of the U.S. Supreme Court: Because it's the first Monday in October, the Order List is 82 pages long. The Court today called for the views of the Solicitor General on two cases. At "SCOTUSblog," Lyle Denniston has a post titled "No action on Georgia capital case." In early news coverage, The Associated Press reports that "Court declines 'choose life' license plate case"; "Top court again rejects abortion poster case"; "Top court stays out of DVR patent fight"; "Non-unanimous jury verdict stands"; and "Supreme Court rejects jury Bible case." "Judgment without borders: What we are seeing is the birth of a type of worldwide judicial anarchy." David B. Rivkin Jr. and Lee A. Casey have this op-ed today in The Los Angeles Times. Posted at 09:24 AM by Howard Bashman "The Supreme Court's new term: The justices will hear less politically charged cases in the term that begins today." The Los Angeles Times contains this editorial today. Posted at 09:22 AM by Howard Bashman "Infertility patients caught in the legal, moral and scientific embryo debate; Tough decisions about what to do with unused embryos lead to a bigger question: When does life begin?" This front page article appears today in The Los Angeles Times. Posted at 09:15 AM by Howard Bashman "Next president will reshape U.S. courts from top to bottom": Michael Doyle of McClatchy Newspapers provides this report. Posted at 09:12 AM by Howard Bashman "Companies Unlikely to Use Arbitration With Each Other": Jonathan D. Glater has this article today in The New York Times. Posted at 09:00 AM by Howard Bashman "Finances key to fraud case; Defense wants judge to exclude Joyce financial records at trial": Last week, The Erie (Pa.) Times-News published an article that begins, "Former state Superior Court Judge Michael T. Joyce, accused of getting $440,000 in insurance proceeds through fraud, 'was badly in need of money' before he received the payments in 2002, the U.S. Attorney's Office said. And after he got the $440,000, the government said, Joyce spent much of the money on items such as a new house, a hot tub, a motorcycle, an airplane, jewelry and $6,000 on cosmetic surgery for his then-girlfriend, who is now his wife." Also last week, that newspaper published related articles headlined "Ex-judge's in-line skating part of prosecution's proposed case" and "Government, defense spar over 2nd crash." According to the first of those articles, "Former state Superior Court Judge Michael T. Joyce, accused of fraud, is scheduled for trial in federal court in Pittsburgh on Oct. 20." "Prop. 8 sides tread lightly for swing voters": The San Francisco Chronicle today contains an article that begins, "Supporters of the November ballot measure to overturn a state Supreme Court ruling legalizing same-sex marriage in California targeted justices on the high court - not gay couples - in their first TV advertisement." Posted at 08:40 AM by Howard Bashman "Judge's secretary paid his gambling debts": Yesterday in The Times-Picayune of New Orleans, Richard Rainey had an article that begins, "When the Judicial Council of the 5th U.S. Circuit Court of Appeals effectively suspended District Judge Thomas Porteous last month, it quietly shuttered his chambers and laid off his staff of five, including a secretary who played an integral role in the financial history of the disgraced judge. Rhonda Danos, described in private conversations as fiercely loyal to Porteous, lost a post she held in his front office for 24 years. Beyond the usual trappings of a secretary's duties, she paid some of Porteous' gambling and credit card debts and, according to testimony from one witness, delivered money to the judge from lawyers who had a case in his court." Yesterday's newspaper also reported that "Panel hired big guns for probe; Cost of investigation hidden from public." Earlier, Times-Picayune columnist James Gill had an essay entitled "Bad judge diaries." "Supreme Court to rule on drugmaker's immunity": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "Unless the U.S. Supreme Court jumps into the Wall Street debacle or the presidential election, the most important topic on the justices' calendar for the term that starts today may be the case of a musician from Vermont who lost an arm after a medical injection that went horribly wrong." Posted at 08:30 AM by Howard Bashman "Newspapers file motion to modify gag order": The Galveston County Daily News recently published an article that begins, "Three newspapers, including The Daily News, and the Associated Press, filed a motion * * * asking that the Florida judge presiding over U.S. District Judge Samuel B. Kent's criminal case modify a gag order he imposed over the proceedings. U.S. District Judge Roger Vinson's order prevented anyone involved in Kent's case from talking about it publicly." On Saturday, however, The Houston Chronicle reported that "Judge keeps gag order in place for Kent trial." "Court gets to clarify basis for DWI stop; Driver was arrested on a tip from his daughter after fight": Today in The Newark (N.J.) Star-Ledger, Kate Coscarelli has this article reporting on a case that will be argued tomorrow in the Supreme Court of New Jersey. Posted at 08:15 AM by Howard Bashman "Election could decide fate of Roe, other big court issues": USA Today contains this editorial today. And online at FindLaw, Robert A. Levy has an essay entitled "Judicial Appointments: What's on Tap from Obama or McCain?" "Priest sex-assault victim asks highest court to hear her case": This article appeared yesterday in The Providence (R.I.) Journal. Posted at 07:55 AM by Howard Bashman "Cigarette suit first up in new court term Monday": Mark Sherman of The Associated Press provides a report that begins, "The Supreme Court opens a new term Monday with denials expected in hundreds of appeals and arguments over limits on lawsuits against tobacco companies. The court's term begins, by law, on the first Monday in October." Posted at 07:52 AM by Howard Bashman Signs that today is the first Monday in October: A Justice Sandra Day O'Connor bobblehead doll is for sale at auction on eBay. According to the item's description, "Sarah Palin's speech at the Republican National Convention inspired me, especially the part about putting the airplane on Ebay. In fact, it inspired me to sell this Sandra Day O'Connor bobblehead on Ebay, and donate the proceeds to Barack Obama's campaign." Sunday, October 5, 2008 "Battered wife entitled to time off work, state justices rule": Yesterday's edition of The Seattle Post-Intelligencer contained an article that begins, "A sharply divided state Supreme Court ruled Friday that employers cannot penalize the victims of domestic violence who take time off from work to protect themselves and their children." And The Seattle Times reported on Saturday that "Washington Supreme Court rules victims' job rights are protected." Friday's ruling of the Supreme Court of Washington State consisted of an opinion announcing the judgment of the court, an opinion concurring in the judgment, an opinion concurring in part and dissenting in part, and a dissenting opinion. "Roseville artist prepares for jail after refusing to alter mural": Today's edition of The Detroit Free Press contains an article that begins, "Artist Ed (Gonzo) Stross is preparing himself for jail -- a punishment he considers lighter than removing a critical part of his mural, as the state Supreme Court ordered last month." Posted at 11:47 PM by Howard Bashman "The Supreme Court's New Term": This editorial will appear Monday in The New York Times. Posted at 11:40 PM by Howard Bashman "Parental notification measure might be bulletproof in the courts": Yesterday in The San Jose Mercury News, Howard Mintz had an article that begins, "For more than a decade, abortion foes have been trying to erase a bitterly divided California Supreme Court decision that struck down a law requiring minors to get parental consent for abortions. Now, if voters approve Proposition 4 in next month's election, that 1997 ruling will become nothing more than a footnote in the law books. A new parental notification law in California may well be insulated against another legal challenge, given what has unfolded in other states that have passed similar laws and the U.S. Supreme Court's rulings on the issue. In short, if opponents of parental consent laws want to win, it appears likely they will have to win at the ballot box, not in the courts." Posted at 11:34 PM by Howard Bashman "Top court to rule: Does 'rat' have rights?" Today in The Newark (N.J.) Star-Ledger, Kate Coscarelli has an article that begins, "He's treated like any other member of the picket line. When Mercer County electrical union workers line up to protest businesses paying nonunion wages, he holds a sign aloft and tries to get the word out to anyone passing by. But nothing his sign says grabs people's attention more than his simple presence. He's The Rat, the union's 10-foot inflatable balloon with beady eyes, pointy claws, chewed-up ears, buckteeth and a festering pink belly." Posted at 11:05 PM by Howard Bashman "Supreme Court's Future Hinges on Who Wins '08 Race; A McCain Triumph May Tilt Balance": Robert Barnes will have this article Monday in The Washington Post. Posted at 10:55 PM by Howard Bashman "Seeking to Shift Attention to Judicial Nominees": This article will appear Monday in The New York Times. And online at Salon, Law Professor Erwin Chemerinsky on Monday will have an essay entitled "How McCain could tilt the Supreme Court: If elected, McCain might well push the court far to the right -- with dramatic consequences for abortion rights, sexual privacy, diversity in schools and more." "Drama on the docket as court opens new term": James Oliphant will have this article Monday in The Chicago Tribune. Posted at 10:10 PM by Howard Bashman "Supreme Court to decide if Maine smokers can sue; The case, to be heard Monday, will determine if the smokers' suit alleging fraudulent ads about 'low tar' cigarettes can go to trial": Warren Richey will have this article Monday in The Christian Science Monitor. And yesterday's edition of The Bangor Daily News contained an article headlined "Maine cases kick off new high court term; Decisions will affect consumers, unions." "Supreme Court to tackle cigarette, drug issues; Under review is the authority of state courts in connection with jury awards": Pete Williams of NBC News provides this report. Nina Totenberg of National Public Radio reports that "Consumer Issues Top Supreme Court's Docket." James Vicini of Reuters reports that "Court term to hear tobacco, TV dirty words cases." Ariane de Vogue of ABC News reports that "Election Looms as Supreme Court Starts Term; As Barack Obama and John McCain Race to the White House, the Justices Prepare to Hear Cases on Navy Sonar, Drug Labels and 'Fleeting Expletives.'" And Agence France-Presse reports that "Tobacco, whales await as US Supreme Court gets back to work." "This time, Roe vs. Wade really could hang in the balance; The Supreme Court's onetime wide majority in favor of abortion rights has shrunk to one: Justice John Paul Stevens, who is 88; Now the decision's fate may depend on who becomes the next president." David G. Savage has this article today in The Los Angeles Times. Posted at 08:22 PM by Howard Bashman "Judiciary Gathers for Red Mass": Tony Mauro has this post at "The BLT: The Blog of Legal Times." And The Associated Press reports that "Justices attend Red Mass before new term." "High court term begins quietly in campaign season": Mark Sherman of The Associated Press provides this report. Posted at 07:44 PM by Howard Bashman Saturday, October 4, 2008 "Despite Ruling, Detainee Cases Facing Delays": This article will appear Sunday in The New York Times. Posted at 10:28 PM by Howard Bashman "Justices Return to Work, With Less Meaty Docket": In Sunday's edition of The New York Times, Adam Liptak will have an article that begins, "Come Election Day, there will almost certainly be cursing at the Supreme Court." Posted at 10:25 PM by Howard Bashman "Alaska's high court considers Troopergate appeal; Its decision should come by Thursday evening": Today's edition of The Anchorage Daily News contains an article that begins, "The Alaska Supreme Court has agreed to hear an emergency appeal from lawyers seeking to shut down the Legislature's investigation of Gov. Sarah Palin." The newspaper has posted the Supreme Court of Alaska's order granting review at this link. "Fellow federal agent warned victim about Nichols' escape": The Atlanta Journal-Constitution today contains an article that begins, "About an hour and a half before he was shot and killed, U.S. Customs agent David Wilhelm talked on the phone with another federal agent about the killer fugitive on the loose in Atlanta and told the agent he had his gun with him and wasn't worried unless Brian Nichols 'got the drop' on him." Posted at 07:12 PM by Howard Bashman Available online from law.com: Tony Mauro has an article headlined "For the Supreme Court, a Term of Change Ahead." Marcia Coyle of The National Law Journal reports that "High Court's Busy New Term Just Got Busier; Justices add key criminal cases and critical Superfund case." And Mary Alice Robbins of Texas Lawyer reports that "High Court to Hear Arguments on ERISA Beneficiary Designation; Thompson & Knight partner, making his first appearance before the Supreme Court, calls 'Kennedy' a test case." Meanwhile, in commentary, C.C. Holland has an essay entitled "Where Are All the Female Law Bloggers?" Friday, October 3, 2008 "Pre-emption Tops Justices' Fall Docket; Roberts' Impact on The High Court Is Still Being Debated": Lawrence Hurley has this article today in The Daily Journal of California. Posted at 05:02 PM by Howard Bashman Take USA Today's online U.S. Supreme Court quiz: You can access the quiz by clicking here. Posted at 04:50 PM by Howard Bashman "On-air expletives, Utah monument cases lead lineup": Tony Mauro has this preview online at the First Amendment Center. Posted at 12:35 PM by Howard Bashman "An extraordinary number of people, institutions, and inanimate objects have wronged Tyrone Hurt. In just the last couple of years, Hurt has sued the Declaration of Independence, Black's Law Dictionary, the United Nations, agencies of the District of Columbia and the Federal Government, and various courts and their officers." An opinion that the U.S. Court of Appeals for the D.C. Circuit issued today proceeds to observe, Hurt has claimed the existence of state supreme courts violates the Eighth Amendment, requested the Secret Service and the President's Cabinet be declared unconstitutional, and demanded the deportation of a Spanish-speaking government employee. Nor are the slights Hurt suffered mere glancing blows; he routinely demands trillions of dollars in damages.Despite these passages from its ruling issued today, the D.C. Circuit is apparently not amused, as today's ruling revokes Hurt's ability to file "any future civil appeals without paying the required fees." According to a unanimous three-judge D.C. Circuit panel, "If Hurt wishes to continue wasting this Court's time by appealing dismissals of his absurd and frivolous claims, he should have to do it on his own dime." Posted at 12:14 PM by Howard Bashman "Cancer victim's kin can sue over his treatment in immigrant detention": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "The family of an illegal immigrant who died of penile cancer after pleading for treatment during 11 months in custody can sue government officials for allegedly violating his constitutional rights, a federal appeals court ruled Thursday." You can access yesterday's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link. "How Political Warfare in Missouri Led to Prosecutor's Firing": The Washington Post contains this article today. Posted at 09:27 AM by Howard Bashman "Tales of Torture Overseas in a Case Testing U.S. Law": This article appears today in The New York Times. Posted at 09:14 AM by Howard Bashman "FBI won't release details on anthrax suspect": Marisa Taylor of McClatchy Newspapers provides this report. Posted at 09:12 AM by Howard Bashman "Appeals Court Overturns 2 Terrorism Convictions": The New York Times contains this article today. My earlier coverage of yesterday's Second Circuit ruling appears at this link. "Scalia Defends Original Meaning": This article appears today in The Harvard Crimson. Posted at 08:52 AM by Howard Bashman "Ahead at Supreme Court: big cases, no blockbusters; Its new term, which starts Monday, includes cases on detainees and TV language." Warren Richey has this article today in The Christian Science Monitor. Today in USA Today, Joan Biskupic reports that "High court comes back next week; Dirty words, drug safety are among issues to be considered." And Michael Doyle of McClatchy Newspapers reports that "Business-friendly Supreme Court tackles corporate cases." "Law students protest military policy": Yesterday's issue of The New Haven Register contained an article that begins, "Three dozen students, dressed in interview attire and gagged, marched from the Yale Law School to a nearby hotel Wednesday to protest the U.S. military's 'Don't Ask, Don't Tell' policy involving gays." And The Yale Daily News reported yesterday that "'Don't ask, don't tell' protested." "Judge Kozinski Accused of Ethics Breach by Lawyer": Cynthia Cotts of Bloomberg News has an article that begins, "Alex Kozinski, chief judge of the federal appeals court in San Francisco, was formally accused by Los Angeles lawyer Cyrus Sanai of making pornography available on a public Web site, the attorney's third misconduct complaint against the judge in three years." Posted at 08:00 AM by Howard Bashman Thursday, October 2, 2008 "Mont. same-sex parental rights ruling appealed": The Associated Press provides this report. Posted at 10:47 PM by Howard Bashman "President Bush's Supreme Court Victory Lap": Tony Mauro has this post today at "The BLT: The Blog of Legal Times." Posted at 10:45 PM by Howard Bashman "NY appeals court overturns terrorism verdicts": The Associated Press provides a report that begins, "An appeals court in New York has overturned terrorism convictions that led to long prison terms for a Yemeni cleric and his deputy." You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link. Programming note: Today, I'll be delivering an appellate oral argument in a case pending before the Superior Court of Pennsylvania. Additional posts will appear here this afternoon. Posted at 06:30 AM by Howard Bashman "Court Won't Revisit Death Penalty Case": Adam Liptak has this article today in The New York Times. Today in The Washington Post, Robert Barnes reports that "Court Won't Reconsider Ban on Execution for Child Rape." David G. Savage of The Los Angeles Times reports that "Supreme Court upholds death penalty ban in the rape of a child; A five-justice majority says the court's ruling barring capital punishment in the rape of a child will stand, despite a military law allowing the death penalty in such cases." Warren Richey of The Christian Science Monitor reports that "Despite gaffe, Supreme Court won't revisit landmark child-rape ruling; Five justices footnote their June opinion about a 'national consensus' against using the death penalty for child rapists." And The Times-Picayune of New Orleans reports that "Supreme Court won't rehear La. child rape case; Death penalty cruel, unusual punishment in Jefferson case." Wednesday, October 1, 2008 "Nichols was calm, armed and scary, carjack victims say": The Atlanta Journal-Constitution provides a news update that begins, "Five carjacking victims testified Wednesday how Brian Nichols skipped from parking deck to parking deck, taking vehicles at gunpoint, staying one step ahead of the police as he fled the March 2005 courthouse shootings." Posted at 10:18 PM by Howard Bashman The Associated Press is reporting: An article headined "Palin, in interview, casts herself as a federalist" begins, "When it comes to the Supreme Court, only one case comes to Sarah Palin's mind: Roe v. Wade." And in other news, Hope Yen reports that "Legal troubles remain for reporter on anthrax case." Philadelphia Phillies 3, Milwaukee Brewers 1: My son and I were at Citizens Bank Park in Philadelphia this afternoon for game one of this National League Division Series and got to see the Phillies win the team's first playoff game since 1993. It was a very exciting game, and the crowd was totally supportive of the home team. You can view the box score at this link, while wraps can be accessed here and here. "Court modifies Kennedy death penalty opinion, grants 10 new cases": Lyle Denniston has this post at "SCOTUSblog." You can access today's Order List of the U.S. Supreme Court at this link. In early coverage, The Associated Press reports that "High court rebuffs Louisiana in child rape case" and "Top court will review who pays for Superfund site." And Greg Stohr of Bloomberg News reports that "Shell Gets U.S. High Court Hearing on Cleanup Suits." "Obama, McCain May Use '10th Justice' to Influence Supreme Court": Greg Stohr of Bloomberg News today has an article that begins, "The next U.S. president won't have to wait for a vacancy to start influencing the Supreme Court. The high court's term, which starts next week, underscores the president's power to shape the court's rulings through his top courtroom lawyer, the solicitor general." Posted at 11:15 AM by Howard Bashman Programming note: Today and tomorrow, I'll be delivering appellate oral arguments in two separate cases pending before the Superior Court of Pennsylvania. In between, this afternoon I'll be attending along with my son game one of the National League Division Series between the Philadelphia Phillies and the Milwaukee Brewers. Go Phils! As a result, additional posts may not appear here until later today. "Supreme Court Stays Above Economic Fray -- for Now": law.com's Tony Mauro provides this report. Posted at 06:25 AM by Howard Bashman 
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