How Appealing

Sunday, May 31, 2009

"New legal battle in Guantanamo": The Associated Press has a report that begins, "A session of the Guantanamo war crimes court that began Sunday will likely show the difficulties President Barack Obama faces in changing the system and closing the prison by January. The case in question, of a Canadian charged with killing an American soldier, is stalled by infighting among lawyers."

And today in The Miami Herald, Carol Rosenberg has an article headlined "Some Guantanamo detainees to get laptops; To better prepare them for life in asylum, the U.S. military is setting up a virtual computer lab for some Guantanamo captives now cleared for release."
Posted at 08:25 PM by Howard Bashman



"President Obama outraged by slaying of abortion provider George Tiller": The Wichita Eagle has this news update.

The Topeka Capital-Journal has a news update headlined "Tiller shot, killed in Wichita."

Robert Barnes of The Washington Post has a news update headlined "Kansas Abortion Doctor Is Slain at His Church."

The New York Times has a news update headlined "Doctor Who Performed Abortions Is Shot to Death."

The Los Angeles Times has a news update headlined "Abortion doctor George Tiller is killed; suspect in custody; The late-term abortion provider was shot at church in Wichita, Kan.; A suspect was arrested three hours later about 170 miles away, police say; Tiller, 67, had been a victim of violence in the past."

And The Associated Press has reports headlined "Kan. abortion doc killed in church; suspect held"; "Kan. abortion provider was polarizing force"; and "Abortion foes fear backlash to Tiller's murder."
Posted at 08:15 PM by Howard Bashman



"For all the debate about interrogation, little research exists": McClatchy Newspapers have an article that begins, "The heated debate in recent weeks about harsh interrogation treatments at Guantanamo Bay and elsewhere highlights what some scientists have been warning the U.S. for years: that almost no research exists to tell interrogators the best way to get information out of suspected terrorists."
Posted at 09:12 AM by Howard Bashman


"Hands Off Thomas: Clarence Thomas is a great justice; Sonia Sotomayor will be, too." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 09:08 AM by Howard Bashman


"Sotomayor And 'Disparate Impact': The controversial New Haven firefighters case illustrates a civil rights paradox." Stuart Taylor Jr. has this essay in the current issue of National Journal magazine.
Posted at 09:02 AM by Howard Bashman


"What's a Liberal Justice Now? If President Obama wants to create a progressive Supreme Court for the 21st century, there is a new school of legal thought to guide him." Law professor Jeffrey Rosen has this article in today's edition of The New York Times Magazine.
Posted at 08:57 AM by Howard Bashman


Saturday, May 30, 2009

"Court Choice Pushes 'Identity Politics' to Forefront": The New York Times on Sunday will contain this article, along with an article headlined "Sotomayor Would Be Sixth Catholic Justice, but the Pigeonholing Ends There." Adam Liptak will have a Week in Review article headlined "The Waves Minority Judges Always Make." And the newspaper will contain an editorial entitled "Judging Sonia Sotomayor." Today's newspaper, meanwhile, contains articles headlined "Obama Says Sotomayor Would Clarify a Remark" and "In Puerto Rico, Supreme Court Pick With Island Roots Becomes a Superstar."

Sunday in The Washington Post, Robert Barnes and Eli Saslow will have an article headlined "Bias Case Looms Large for Nominee; Ruling on Firefighters' Lawsuit Raises Questions About Sotomayor's Philosophy." Tomorrow's newspaper will also contain an article headlined "Friends Provide Glimpse Into Nominee's 'Very Full Life.'" And today's newspaper contains an article headlined "Obama Says Judge Regrets Wording; GOP Leaders Try to Rein In Reactions to Sotomayor's 2001 Speech."

Sunday's edition of The Los Angeles Times will contain articles headlined "Two sides to Sonia Sotomayor: The passion for minority rights that she showed from Princeton onward is scarcely reflected in a review of her judicial decisions; So which way would she lean on the Supreme Court?" and "Would Sotomayor really be the first Supreme Court Latino? Some say that Justice Benjamin Cardozo, reportedly of Portuguese descent, beat her to it in the 1930s; The debate renews old questions about the labels 'Latino' and 'Hispanic.'" Today's newspaper, meanwhile, contains an article headlined "Some Republicans rebuke Limbaugh, Gingrich on Sotomayor criticism; Accusations that the Latina Supreme Court nominee is racist can only hurt the party, say GOP members who advocate a more civil debate." And CBS News legal analyst Andrew Cohen has an op-ed entitled "Make Sotomayor's confirmation hearings worth hearing: The Senate questioning of Supreme Court nominees has become a farce; This time, let's have Sonia Sotomayor say more and senators say less."

And Michael Doyle of McClatchy Newspapers reports that "Sotomayor's record reveals she's far from soft on crime."
Posted at 11:58 PM by Howard Bashman



"Supreme Court to Address Meeting the Needs of Special-Education Students": This article will appear Sunday in The New York Times.
Posted at 11:50 PM by Howard Bashman


"Judge Sotomayor and Race -- Results from the Full Data Set": Tom Goldstein had this post last night at "SCOTUSblog," expanding on his related post from earlier yesterday.
Posted at 11:42 PM by Howard Bashman


"Federal appeals court won't reinstate 'Jesus speech' lawsuit": The Gazette of Colorado Springs today contains an article that begins, "A federal appeals court Friday rejected a former Lewis-Palmer High School student's claim that her free-speech rights were violated when she was disciplined for bringing up Jesus in her graduation speech."

And The Associated Press reports that "Colo. student loses appeal over graduation speech."

You can access yesterday's ruling of the U.S. Court of Appeals for the Tenth Circuit at this link.
Posted at 11:22 PM by Howard Bashman



The Associated Press is reporting: Now available online are articles headlined "Obama: Efforts to scuttle Sotomayor will fail"; "Obama court pick puts spotlight on Sen. Sessions"; and "GOP divided over how tough to be on Sotomayor."
Posted at 11:14 PM by Howard Bashman


"Gov't refuses to release documents in wiretap case": The Associated Press has a report that begins, "The Obama administration insists it has no obligation to provide access to a top secret document in a wiretapping case, setting up a showdown next week with the judge who ordered it released."

At Wired.com's "Threat Level" blog, David Kravets has a post titled "Obama Says Government Sanctions Unwarranted in Spy Case."

And at "SCOTUSblog," Lyle Denniston has a post titled "Secrets and 'need to know.'"
Posted at 11:05 PM by Howard Bashman



"High court is urged to block 9/11 suit against Saudis": The Philadelphia Inquirer today contains an article that begins, "In a setback for insurers and individual victims of the 9/11 attacks, U.S. Solicitor General Elena Kagan urged the Supreme Court yesterday to reject allegations that Saudi Arabia was responsible because it indirectly financed al-Qaeda and other terrorist groups."

The New York Times reports today that "Justice Dept. Backs Saudi Royal Family on 9/11 Lawsuit."

And The Associated Press reports that "9/11 families angered by US support for Saudis."
Posted at 03:45 PM by Howard Bashman



Friday, May 29, 2009

"A Compelling Biography Is No Guarantee of a Smooth Confirmation": Saturday in The Washington Post, Michael A. Fletcher will have an article that begins, "For his first Supreme Court pick, the president chose a pioneering minority in the hope that a compelling story of overcoming poverty to graduate from Yale Law School and become a federal appeals court judge would preempt a bitter ideological fight. The president was George H.W. Bush and the nominee was Clarence Thomas, and if there is a lesson for President Obama in naming Sonia Sotomayor to the Supreme Court, it is that compelling personal stories go only so far in guaranteeing a smooth confirmation process."

Saturday's edition of The New York Times will contain an article headlined "Sotomayor's Focus on Race Issues May Be Hurdle."

And Marcia Coyle of The National Law Journal reports that "Big Issues Lurk Below Surface of Sotomayor Confirmation Hearings."
Posted at 10:54 PM by Howard Bashman



The Associated Press is reporting: Now available online are articles headlined "Death cases among early issues for new justice" and "White House: Sotomayor says she chose word poorly."
Posted at 05:44 PM by Howard Bashman


"Sotomayor to meet with senators next week": The Associated Press has this report.
Posted at 03:24 PM by Howard Bashman


"Where Would Justice Souter's Replacement Make a Difference? Part II." Kevin Russell has this post today at "SCOTUSblog."
Posted at 02:40 PM by Howard Bashman


"Sweet Justice: Why Judge Sotomayor's diabetes shouldn't be ignored." Darshak Sanghavi has this essay online at Slate.
Posted at 02:38 PM by Howard Bashman


Available online from National Public Radio: Yesterday evening's broadcast of "All Things Considered" contained audio segments entitled "Few Clues To Sotomayor's Position On Abortion" (featuring Nina Totenberg) and "Senators Offer Competing Views Of Sotomayor."

And today's broadcast of "Morning Edition" contained an audio segment entitled "Preliminary Work Starts On Confirmation Hearings."

RealPlayer is required to launch these audio segments.
Posted at 12:14 PM by Howard Bashman



The Washington Times is reporting: Today's newspaper contains articles headlined "Lawyers tag nominee as 'terror on the bench'"; "Pro-life Catholic leader roots for Sotomayor; Tells GOP not to fight 'this one'"; and "Sotomayor finds favor in coverage; Media are focused on life story."
Posted at 12:04 PM by Howard Bashman


"Black asks high court for release from prison": The Associated Press has a report that begins, "Former media executive Conrad Black is seeking his release from prison, at least until the Supreme Court decides whether to uphold his fraud conviction."
Posted at 11:58 AM by Howard Bashman


"5 Ways The GOP Could Stall A Vote On Sotomayor": David Welna has this written report at NPR.org.
Posted at 11:00 AM by Howard Bashman


"Bomb-Building Terrorists Welcome in One U.S. Town": Bloomberg News columnist Ann Woolner has this essay today.
Posted at 09:35 AM by Howard Bashman


In the June 2009 issue of ABA Journal magazine: David G. Savage will have an article headlined "The Future in Black and White: In the era of President Barack Obama, race relations still play out."

And Richard Brust and Stephanie Francis Ward will have an article headlined "Last of the Old Guard: Souter is gone--so is moderate GOP."
Posted at 09:30 AM by Howard Bashman



"Court Backs New Jersey Aid Revision: Less Focus on Poorest Schools." Today's edition of The New York Times contains an article that begins, "The New Jersey Supreme Court on Thursday upheld a new school financing formula that replaced a controversial one that had favored poor urban districts."

The Philadelphia Inquirer reports today that "N.J. high court backs Corzine's school-aid plan."

And The Newark (N.J.) Star-Ledger contains articles headlined "Court shifts course on school aid; Instead of focusing on poor areas, funding will be based on enrollment" and "Corzine basks in an affirmation of his policy; Critics contend governor is only furthering the education bureaucracy."

You can access yesterday's ruling of the Supreme Court of New Jersey at this link.
Posted at 09:14 AM by Howard Bashman



"Blog Teen's Supreme Ire: Rips Sonia as a Foe of Free Speech." This article appears today in The New York Post.

Newsday reports today that "Alito and Sotomayor have striking similarities."

In The Washington Post, Robert Barnes and Michael D. Shear report that "Abortion Rights Backers Get Reassurances on Nominee." In addition, columnist Charles Krauthammer has an op-ed entitled "Sotomayor: Rebut, Then Confirm"; columnist Michael Kinsley has an op-ed entitled "The Right's Court Complex"; columnist Eugene Robinson has an op-ed entitled "A Smile to Set the GOP on Edge"; columnist Michael Gerson has an op-ed entitled "Into the Trap With Open Eyes"; and Dana Milbank's "Washington Sketch" essay is headlined "Enter Nominee. Cue Applause, Posturing."

The Associated Press has a report headlined "Two sides of Sotomayor" that begins, "There are two sides to Supreme Court nominee Sonia Sotomayor: a Latina from a blue-collar family and a wealthy member of America's power elite."

The New York Daily News contains an article headlined "Sotomayor getting a break from bench to focus on Supreme Court hurdle" that begins, "Her work is done here. Judge Sonia Sotomayor is now free to concentrate on getting that plummest of plum jobs. She won't be hearing any more cases that come before the 2nd Circuit Court of Appeals in New York, a source said."

USA Today reports that "Sotomayor's remarks dissected; Key Republican senator says an explanation is necessary."

Politico.com has articles headlined "Princeton University holds the key to understanding Sonia Sotomayor"; "For a justice, Sonia Sotomayor is low on dough"; "Sotomayor hits the jackpot"; "White House urged to address 'racist' charge"; and "Sonia Sotomayor: No empathy for campaign cash."

In The Wall Street Journal, John Hasnas has an op-ed entitled "The 'Unseen' Deserve Empathy, Too: Judges can do the most good by following the law." And, columnist Kimberley A. Strassel has an op-ed entitled "The Sotomayor Rules: Some were made to be broken."

In The New York Times, columnist David Brooks has an op-ed entitled "The Empathy Issue."

In The Boston Globe, columnist Ellen Goodman has an op-ed entitled "A wise person for the court."

And in The Atlanta Journal-Constitution, columnist Jay Bookman has an op-ed entitled "Sotomayor right: Biography does influence rulings."
Posted at 08:52 AM by Howard Bashman



"Nebraska governor signs lethal-injection bill": The Lincoln Journal Star today contains an article that begins, "After 15 months of having no means to carry out its death penalty, Nebraska will soon be able to use lethal injection to execute prisoners convicted of capital crimes."
Posted at 08:27 AM by Howard Bashman


"Inflating the Guantanamo Threat": Peter Bergen and Katherine Tiedemann have this op-ed today in The New York Times.
Posted at 08:25 AM by Howard Bashman


"Governor taps Justice Suttell to lead R.I. Supreme Court": This article appears today in The Providence (R.I.) Journal, along with an article headlined "Suttell lauded for years of hard work."
Posted at 08:15 AM by Howard Bashman


"Police Tasers: excessive force or necessary tool? A crop of legal cases across the US raise concerns over the use of electric stun guns in routine police stops." Warren Richey of The Christian Science Monitor has this report.
Posted at 08:00 AM by Howard Bashman


Thursday, May 28, 2009

"Sotomayor Sides With the Cops: And persuades a Republican judge to go along with her." Emily Bazelon has this jurisprudence essay online at Slate.
Posted at 11:57 PM by Howard Bashman


Available online from law.com: Marcia Coyle has an article headlined "Questions Arise About Long Delay by Sotomayor-Led Panel in Climate Case."

And in other news, "Georgia Lawyers Take Sides in High Court Client Privilege Case; Groups siding with Mohawk say not allowing immediate review of privilege waiver means no review at all."
Posted at 11:37 PM by Howard Bashman



"Roberts and residents agree: Leavenworth doesn't want Gitmo inmates." This article appears today in The Kansas City Star.
Posted at 11:30 PM by Howard Bashman


"Sotomayor's Sharp Tongue Raises Issue of Temperament": Jo Becker and Adam Liptak will have this article Friday in The New York Times. Tomorrow's newspaper will also contain articles headlined "Nominee's Links With Advocates Fuel Her Critics"; "Buzzwords Shape the Debate Over Confirmation"; and "Court Pick Missed State Votes." Today's newspaper, meanwhile, contains articles headlined "Sotomayor Pick a Product of Lessons From Past Battles"; "Sotomayor's Appellate Opinions Are Unpredictable, Lawyers and Scholars Say"; "Sotomayor's Opponents and Allies Prepare Strategies"; and "A Judge's Own Story Highlights Her Mother's."

Today's edition of The Washington Post contains articles headlined "Rigorous Questioning Hasn't Fazed Nominee" and "Making History Was but One Factor; Obama Touts Nominee's Credentials, Story." And in commentary, columnist E.J. Dionne Jr. has an op-ed entitled "Obama's Anti-Roberts"; columnist David S. Broder has an op-ed entitled "A Choice for the GOP"; and Dana Milbank has a "Washington Sketch" essay headlined "Latina Woman, Tongue-Tied Man."

Friday's edition of The Los Angeles Times will contain articles headlined "Sotomayor's net worth probably on low end of federal judiciary; The Supreme Court nominee's only investment income is interest of $1,000 on bank accounts that add up to no more than $65,000, a 2008 disclosure form shows" and "Reaction to Sotomayor more good than bad, poll finds; Gallup says nearly half rate her as good or excellent, with only 13% giving her poor marks." And today's newspaper contains an article headlined "At Yale, Sotomayor won apology from law firm; In 1978, she complained of bias during her job interview process; And a university panel backed her stance."

Friday in The Wall Street Journal, Jess Bravin will have an article headlined "Legal Realism Informs Judge's Views." Tomorrow's newspaper will also contain articles headlined "A Sotomayor Ruling Gets Scrutiny; Justices Weigh Firefighters' Claim After Appeals Panel Upheld 'Race Neutral' Decision" and "Another Hot Issue: Intellectual Property." Today's newspaper, meanwhile, contains an article headlined "Battle Over Sotomayor Heats Up; As White House Gathers Backers, Conservatives Heighten Attacks on Judge's Record." And Karl Rove has an op-ed entitled "'Empathy' Is Code for Judicial Activism; What damage did Democrats suffer when they attacked Miguel Estrada?"

Linda Feldmann of The Christian Science Monitor has an article headlined "The marketing of Sonia Sotomayor: She hasn't ruled on hot-button issues, which puts her in a middle position - for now, anyway."

And ABCNews.com reports that "Abortion Rights Groups Wary About Sonia Sotomayor's Views; With Little History on the Issue, Groups on Both Sides Say Supreme Court Nominee Should Explain Her Point of View in Hearings."
Posted at 10:45 PM by Howard Bashman



"Sotomayor Took Cautious Approach in Cases on Race, Gun Rights": Greg Stohr of Bloomberg News has this report.

And Bloomberg News columnist Margaret Carlson has an essay entitled "Sotomayor Stokes Republican Identity Crisis."
Posted at 09:27 PM by Howard Bashman



"Sotomayor's views on abortion rights are unknown": The Associated Press has this report.
Posted at 09:18 PM by Howard Bashman


The Associated Press is reporting: Now available online are articles headlined "Conservatives, liberals take sides on Sotomayor" and "White House comfortable with nominee's views."
Posted at 04:28 PM by Howard Bashman


Available online from National Public Radio: Today's broadcast of "Morning Edition" contained an audio segment entitled "How Obama's Nomination Of Sotomayor Unfolded" (featuring Nina Totenberg).

Yesterday evening's broadcast of "All Things Considered" contained audio segments entitled "Groups Prepare For Sotomayor Battle" and "Diabetes: Is It An Issue For The Supreme Court?"

And yesterday's broadcast of "Morning Edition" contained audio segments entitled "Obama Picks Hispanic Woman For Supreme Court" (featuring Nina Totenberg); "Housing Project Part Of 'Inspiring Life's Journey'"; "Senate Will Debate Sotomayor's Nomination"; and "Looking Back At Sotomayor's 1995 Baseball Ruling."

RealPlayer is required to launch these audio segments.
Posted at 12:42 PM by Howard Bashman



In posts of note at "SCOTUSblog": Lyle Denniston has a post titled "Sotomayor and the Second Amendment."

And Kevin Russell has a post titled "Where Would Justice Souter's Replacement Make A Difference? Part I."
Posted at 11:37 AM by Howard Bashman



"Sampling Sotomayor on the First": David L. Hudson Jr. has this news analysis online at the First Amendment Center.
Posted at 11:33 AM by Howard Bashman


"U.S. Manga Obscenity Conviction Roils Comics World": At Wired.com's "Threat Level" blog, David Kravets has a post that begins, "In an obscenity first, a U.S. comic book collector has pleaded guilty to importing and possessing Japanese manga books depicting illustrations of child sex abuse and bestiality."
Posted at 11:32 AM by Howard Bashman


"Pa. Justices: Internet Child Porn Search Constitutes 'Knowing Possession.'" This article appears today in The Legal Intelligencer.

And The Philadelphia Daily News reports today that "Pa. high court backs ban on viewing kid-porn."

My earlier coverage of Tuesday's Pa. Supreme Court ruling appears at this link.
Posted at 11:25 AM by Howard Bashman



"Court says no First Amendment violation in church aid case": Online at The Michigan Messenger, Ed Brayton has a post that begins, "The U.S. Sixth Circuit Court of Appeals ruled that the city of Detroit did not violate the establishment clause of the First Amendment by giving more than $700,000 to several churches downtown to reimburse them for exterior renovations prior to the city's hosting of the Super Bowl and the NCAA Final Four."

Circuit Judge Jeffrey S. Sutton wrote today's ruling of the U.S. Court of Appeals for the Sixth Circuit on behalf of a unanimous three-judge panel.

Update: The Associated Press reports that "Atheists lose lawsuit over Detroit's downtown aid."
Posted at 11:22 AM by Howard Bashman



"Appellate court revives pit bull lawsuit": The Associated Press has a report that begins, "Opponents of a Denver ordinance that calls for euthanizing pit bulls found living in city limits have another chance at challenging the law in court. The 10th U.S. Circuit Court of Appeals Wednesday revived a lawsuit filed by three former Denver residents who moved out the city to avoid losing their dogs."

You can access yesterday's ruling of the U.S. Court of Appeals for the Tenth Circuit at this link.
Posted at 11:08 AM by Howard Bashman



"Prepping Sotomayor for hearings: Get your game face on." CNN.com has this report.
Posted at 10:55 AM by Howard Bashman


"5th Circuit council backs judge's impeachment": This article appears today in The Houston Chronicle.

And The Galveston County Daily News reports today that "Judicial panel urges impeachment of Kent."

You can access at this link yesterday's order of the Judicial Council of the U.S. Court of Appeals for the Fifth Circuit and at this link a letter communicating rejection of the judge's disability claim.
Posted at 07:48 AM by Howard Bashman



Wednesday, May 27, 2009

"Sotomayor's take-no-guff demeanor could alter court dynamics": Michael Doyle and Marisa Taylor of McClatchy Newspapers have this report.

And The Charlotte Observer reports today that "Sotomayor's comment at Duke could draw criticism."
Posted at 11:25 PM by Howard Bashman



"On Sotomayor, Some Abortion Rights Backers Show Unease": Charlie Savage will have this article Thursday in The New York Times. Tomorrow's newspaper will also contain an article headlined "For Republicans, Court Fight Risks Losing Hispanics to Win Conservatives." Today's edition of The New York Times, meanwhile, contained articles headlined "Obama Hails Judge as 'Inspiring'"; "Sotomayor, a Trailblazer and a Dreamer"; "Was a Hispanic Justice on the Court in the '30s?"; "For Hispanics, Court Pick Sets Off Pride, and Some Concerns"; "On the Bench, With Fairness and Empathy"; "Sotomayor's Baseball Ruling Lingers, 14 Years Later"; and "Health Spotlight Is on Diabetes, Its Control and Its Complications." Today's newspaper also contains an editorial entitled "The New Justice." Linda Greenhouse has an op-ed entitled "Every Justice Creates a New Court." And law professor Gerard N. Magliocca has an op-ed entitled "Scenes From Judge Sotomayor's Courtroom."

Thursday in The Washington Post, Robert Barnes will have an article headlined "Battle Lines Are Drawn On Sotomayor Nomination; Ideology, Abortion and Remarks on Ethnicity Come to Fore." Today's newspaper, meanwhile, contained articles headlined "First Latina Picked for Supreme Court; GOP Faces Delicate Task in Opposition"; "Heritage Shapes Judge's Perspective"; "Disparate Group United in Pride"; and "Riskiest Choice on Obama's List Embodies His Criteria; President and Judge Cite Her Life Experience." Today's newspaper also contains an editorial entitled "The President's Pick: Kudos, and some questions, for Judge Sonia Sotomayor." Columnist George F. Will has an op-ed entitled "Identity Justice: Obama's Conventional Choice." Columnist Ruth Marcus has an op-ed entitled "An Easy Choice for Obama." Dana Milbank's "Washington Sketch" essay is headlined "But Will She Suit Up With the Washington Nine?" And Howard Kurtz's "Media Notes" essay is headlined "Fighting To Win the Sotomayor Spin War."

Thursday in The Los Angeles Times, David G. Savage and Peter Nicholas will have an article headlined "Abortion-rights groups concerned about Sotomayor's stance; Obama's Supreme Court nominee has little record on issues related to Roe vs. Wade." Tomorrow's newspaper will also contain articles headlined "GOP looks for alternate routes to block Sotomayor's path; Facing long odds of defeating her nomination to the Supreme Court, Republicans are looking to gun rights and other wedge issues that could undermine her support"; "Bronx bursting with pride over Supreme Court nominee Sotomayor; Local officials say the judge gives the New York City borough a new ambassador to improve its image problems"; and "Diabetes shouldn't affect Sotomayor's ability to serve on Supreme Court; Potentially the first justice with Type 1, she can expect to live as long and productively as anyone else if she manages the disease well, experts say." Today's newspaper, meanwhile, contains articles headlined "Sotomayor's record sets off few ideological alarm bells; Obama's choice for the Supreme Court is like outgoing Justice Souter in many ways, experts say; She has made some controversial remarks, but observers say she's not particularly liberal"; "Sotomayor nomination splits GOP; Conservative activists are outspoken in their opposition; But Republican senators who will vote on her nomination offer muted responses; Some think the party has a chance to reach Latino voters"; "Sotomayor rose from humble roots; Obama's Supreme Court nominee grew up in a South Bronx housing project, excelled at Princeton and Yale, and was named a district court judge by President George H.W. Bush"; and "L.A. Latinos savor Supreme Court choice; It's about time, some say, as President Obama nominates federal judge Sonia Sotomayor; She would be the court's first Latina." Today's newspaper also contains an editorial entitled "Sotomayor, a sound choice: Judge Sonia Sotomayor would bring a compelling life story and sterling credentials to the Supreme Court." And David Greenberg has an op-ed entitled "The rough road to the Supreme Court: Since the '60s, most nominees have had to run a harrowing political gantlet in the Senate."

The New York Post today contains articles headlined "Kid From Bronx Reigns Supreme"; "Ex-assistant DA Thrives In Heat Of Legal Battles"; "Historic Selection Fills Latinos With Pride"; and "Life Of Truth & Justice."

And today's edition of The New York Daily News contains articles headlined "Supreme Court nominee Sonia Sotomayor's record gives liberals little to cheer about"; "Obama's Supreme Court pick Sonia Sotomayor never forgot her Bronx roots"; "Sonia Sotomayor pays emotional tribute to her mother"; and "GOP realizes that it can't stop U.S. Supreme Court nominee Sotomayor."
Posted at 10:16 PM by Howard Bashman



"Court, cameras, action! Souter's departure could clear the way for far more transparency at the Supreme Court." Tony Mauro has this op-ed today in USA Today.
Posted at 09:10 PM by Howard Bashman


"No filibuster, but Sotomayor battle still looms": The Associated Press has a report that begins, "Republicans won't try to filibuster Sonia Sotomayor's Supreme Court nomination, a key GOP senator conceded Wednesday, all but admitting there's little chance of blocking her confirmation as the first Hispanic justice."
Posted at 06:17 PM by Howard Bashman


"5th Circuit council backs impeachment for Houston judge": The Houston Chronicle has a news update that begins, "The Fifth Circuit judicial council and Chief Judge Edith Jones dealt a double blow today to convicted U.S. District Court Judge Samuel Kent, 59, by formally recommending his impeachment for criminal misconduct and by rejecting his bid to be certified as disabled -- a status that might have allowed Kent to collect judicial retirement benefits indefinitely even while in prison."

You can access at this link today's order of the Judicial Council of the U.S. Court of Appeals for the Fifth Circuit.
Posted at 02:27 PM by Howard Bashman



"Bad Test: Sonia Sotomayor rejected the New Haven firefighters' claim because it threatened to burn down civil rights law." Law professor Richard Thompson Ford has this jurisprudence essay online at Slate.
Posted at 01:50 PM by Howard Bashman


"GOP should question pick": Today in The Boston Globe, law professor William K. Kelley has an op-ed that begins, "Now that the president has nominated Judge Sonia Sotomayor to the Supreme Court, attention turns to the confirmation process."
Posted at 01:47 PM by Howard Bashman


Available at CNN.com: Elizabeth Landau reports that "Sotomayor 'always willing to speak up' at Yale Law."

Ruben Navarrette Jr. has an essay entitled "Sotomayor made it on her own."

And Ilya Shapiro has an essay entitled "Sotomayor pick not based on merit."
Posted at 12:01 PM by Howard Bashman



Available online from Bloomberg News: Greg Stohr reports that "Sotomayor's Record Suggests Similarities With Retiring Souter."

James Rowley and Kim Chipman report that "Obama High Court Choice Poses Political 'Peril' for Republicans."

Catherine Dodge and Justin Blum report that "Sotomayor Draws on Life Experience in Legal Thinking."

Peter Robison reports that "Sotomayor Gives 'Exploding' Hispanic Population a Role Model."

And columnist Ann Woolner has an essay entitled "Sotomayor Opens the Season on Obama's Court Picks."
Posted at 10:20 AM by Howard Bashman



"Just Looking: Should Internet Ignorance Be a Defense to Child Porn Charges?" That was the title of the December 4, 2006 installment of my "On Appeal" column for law.com. Therein, I criticized the ruling of a three-judge panel of the Superior Court of Pennsylvania setting aside a criminal conviction in a case captioned Commonwealth v. Diodoro.

Thereafter, the Pa. Superior Court granted rehearing en banc, and later the en banc court affirmed the defendant's conviction by means of a 7-2 ruling.

In late December 2007, as I originally reported in this post, the Supreme Court of Pennsylvania issued an order granting the defendant's petition for allowance of appeal to decide "[w]hether accessing and viewing child pornography over the internet constitutes 'control' of such pornography under 18 Pa.C.S. sec. 6312(d)?"

Yesterday, a unanimous Supreme Court of Pennsylvania, by a vote of 4-0, affirmed the en banc Superior Court's decision upholding the defendant's conviction. You can access yesterday's ruling at this link.

The Associated Press has coverage of yesterday's ruling in an article headlined "Pa. court: Just viewing child porn's a crime; based on Delco case." And in earlier coverage of the case, The Delaware County (Pa.) Times has previously published articles headlined "Superior Court rules Ridley man 'possessed' child porn" and "State appeals court to review conviction in child porn case."
Posted at 10:08 AM by Howard Bashman



"Posner & Easterbrook in Action During Oral Argument on Incorporation of a Right to Arms": Randy Barnett has this post today at "The Volokh Conspiracy."

Yesterday, a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit heard oral argument in National Rifle Assoc. v. City of Chicago. You can download the oral argument audio via this link (5.86MB mp3 audio file).
Posted at 08:10 AM by Howard Bashman



"Sotomayor would be part of court's Catholic shift": CNN.com has this report.

And online at The National Catholic Reporter, law professor Douglas W. Kmiec has an essay entitled "Judge Sotomayor's experience trumps all."
Posted at 08:00 AM by Howard Bashman



Tuesday, May 26, 2009

"Sotomayor's Rulings Are Exhaustive but Often Narrow": Adam Liptak will have this news analysis Wednesday in The New York Times.
Posted at 11:14 PM by Howard Bashman


"Hard-luck Montana town pushes to house Gitmo detainees": CNN.com has this report.
Posted at 11:10 PM by Howard Bashman


"Becoming Nominee Sotomayor": ABC News correspondent Jan Crawford Greenburg has this post at her "Legalities" blog.

And at Wired.com's "Threat Level" blog, David Kravets has a post titled "Obama's Supreme Court Pick is Schooled in Cyber Law."
Posted at 08:32 PM by Howard Bashman



The Associated Press is reporting: Now available online are articles headlined "Private Oval Office chat sold Obama on Sotomayor";

"Sotomayor has pragmatic record in business cases";

"Sotomayor maintains Puerto Rican roots";

"First Hispanic justice? Some say it was Cardozo";

"As judge, Sotomayor called baseball dispute"; and

"Sonia Sotomayor, The Movie: Who would star?"
Posted at 08:12 PM by Howard Bashman



Available online from National Public Radio: This evening's broadcast of "All Things Considered" contained audio segments entitled "Obama Picks Sotomayor For High Court" (featuring Nina Totenberg); "Sen. Grassley Pledges Open Mind On Sotomayor"; "Was Cardozo First Hispanic On Supreme Court?"; "High Court Nominee's Success Against Odds"; "Latinos Welcome Sotomayor Pick"; and "Former Classmate Recalls Sotomayer."

Today's broadcast of "Talk of the Nation" contained an audio segment entitled "Conservatives React To Sotomayor Nomination."

And today's broadcast of "Morning Edition" contained audio segments entitled "Obama To Name Supreme Court Nominee" (featuring Nina Totenberg); "Senate Will Have To Confirm Court Choice"; "Obama Picks Sotomayor For High Court"; "Sotomayor Has Long Record As Lawyer, Judge"; and "Assessing Sotomayor's Experience On The Bench" (featuring law professor Jeffrey Rosen).

RealPlayer is required to launch these audio segments.
Posted at 08:04 PM by Howard Bashman



In commentary available online at Slate: Dahlia Lithwick has a jurisprudence essay entitled "The Rational Hysterics: Republicans won't beat Sonia Sotomayor by attacking her as too darn human."

And John Dickerson has an essay entitled "When Barry Met Sonia: What Obama's Supreme Court pick says about him."
Posted at 07:42 PM by Howard Bashman



The Associated Press is reporting: Now available online are articles headlined "Sotomayor: A liberal record -- but not entirely so";

"Analysis: Ethnic politics boost Sotomayor chances";

"Sotomayor made a law firm apologize";

"For Sotomayor, discrimination case likely issue";

"Diabetes and the Supreme Court nominee"; and

"Court nominee urged special rights for Puerto Rico."
Posted at 05:27 PM by Howard Bashman



"Obama Picks Sotomayor, Citing Intellect": The New York Times has this news update, along with a "Woman in the News" profile written by Neil A. Lewis headlined "'Kid From the Bronx' With Hopes and Doubts."

The Washington Post has news updates headlined "Obama Chooses Sotomayor for Supreme Court"; "For Sotomayor, Humble Beginnings to High Court Pick"; and "GOP Senators Withhold Criticism of Sotomayor."

The Los Angeles Times has news updates headlined "Sonia Sotomayor is Obama's Supreme Court nominee; Federal jurist Sotomayor would become the first Latino member of the high court; The president calls his nominee 'inspiring' and says he wants a justice with 'a common touch'" and "Supreme Court nominee Sonia Sotomayor rose from humble roots; Obama's pick started out in a South Bronx housing project, excelled at Yale Law School and was named to the federal bench by George H.W. Bush; Conservatives prepare for a fight."

From McClatchy Newspapers, David Lightman reports that "Sotomayor likely to get gentle scrutiny from Congress," while Michael Doyle has an article headlined "A compelling personal story, but mixed reaction from lawyers."

And Linda Feldmann and Warren Richey of The Christian Science Monitor report that "Obama picks first Hispanic Supreme Court justice; In nominating Sonia Sotomayor, the president cited both her judicial experience and her compelling personal story."
Posted at 02:55 PM by Howard Bashman



"California Supreme Court Upholds Ban on Same-Sex Marriage": John Schwartz of The New York Times has this news update.
Posted at 02:40 PM by Howard Bashman


"Lawyer challenging reported Pfizer settlement": The Associated Press has a report that begins, "A Connecticut attorney is fighting a reported settlement by pharmaceutical giant Pfizer Inc. over a meningitis drug study in Nigeria, saying it would send millions of dollars to Nigerian officials and lawyers while shortchanging alleged victims."
Posted at 02:33 PM by Howard Bashman


"Is Sotomayor an Activist? Not by my Measure." Law professor Corey Rayburn Yung has this post at his "Sex Crimes" blog. The post is based on the results of an empirical project that measures judicial activism of appellate court judges.

And at "The Daily Beast," law professor Stephen L. Carter has a post titled "The Sonia I Know."
Posted at 02:30 PM by Howard Bashman



Breaking news -- "Court upholds Prop. 8 but lets marriages stand": Bob Egelko of The San Francisco Chronicle has a news update that begins, "California voters legally outlawed same-sex marriage when they approved Proposition 8 in November, but the constitutional amendment did not dissolve the unions of 18,000 gay and lesbian couples who wed before the measure took effect, the state Supreme Court ruled today."

Maura Dolan of The Los Angeles Times has a blog post titled "California Supreme Court upholds Prop. 8; gay marriage remains banned in state."

Howard Mintz of The San Jose Mercury News has an update headlined "California Supreme Court upholds same-sex marriage ban; lets stand existing gay unions."

And The Associated Press reports that "California Supreme Court upholds gay marriage ban."

You can access today's ruling of the Supreme Court of California at this link. I have also uploaded a back-up copy of the ruling, and you can access it by clicking here.
Posted at 01:04 PM by Howard Bashman



"Sotomayor's Record: The Ricci Effect." Kevin Russell has this post at "SCOTUSblog."
Posted at 12:15 PM by Howard Bashman


"California Supreme Court to issue Prop. 8 decision today; Rulings are expected on the legality of the measure barring same-sex marriage and the status of those who married before it was approved by voters": Rong-Gong Lin II and Maura Dolan have this article today in The Los Angeles Times.

The San Francisco Chronicle reports today that "Same-sex marriage fans, foes await court ruling." In addition, columnist C.W. Nevius has an essay entitled "Prop. 8 decision could leave couples in limbo."

The San Jose Mercury News reports that "Weariness and confidence as foes and backers of Proposition 8 await court ruling."

The Associated Press reports that "California awaits court's gay marriage decision."

And Reuters reports that "California court to rule Tuesday on gay marriage."

The Supreme Court of California will issue its ruling at 1 p.m. eastern time (10 a.m. pacific time) today on three consolidated cases that challenge the legality of Proposition 8, the ballot measure that reinstated California's ban on same-sex marriage. The decision is scheduled to be posted online at this link just as soon as the decision is made public.
Posted at 12:12 PM by Howard Bashman



"Court asked to void $15.8 million award; Driver unfairly revealed to be illegal immigrant, trucking firm says": Today in The Austin American-Statesman, Chuck Lindell has an article that begins, "A cement-hauling company is asking the Texas Supreme Court to toss out a $15.8 million verdict, arguing that jurors were improperly told that its gravel truck driver -- involved in a 2002 accident that killed four members of a family -- was an illegal immigrant."
Posted at 12:02 PM by Howard Bashman


"Background on Judge Sonia Sotomayor": The White House has posted online this information.
Posted at 11:37 AM by Howard Bashman


In commentary available online at Slate: John Dickerson has an essay entitled "Checking the Boxes: Obama's calculus in choosing Sonia Sotomayor for the Supreme Court."

And Emily Bazelon has a jurisprudence essay entitled "The Sotomayor Mystery: Why didn't she explain herself in this year's big race case?"
Posted at 11:28 AM by Howard Bashman



"Court says no exclusive cable rights in apartments": The Associated Press has a report that begins, "A federal appeals court says cable companies cannot have exclusive rights to provide service in apartment buildings that they wire."

You can access today's ruling of the U.S. Court of Appeals for the D.C. Circuit at this link.
Posted at 11:10 AM by Howard Bashman



"Obama picks Sotomayor for high court": The Associated Press has this report, along with a report headlined "Sotomayor thinks of 'real world' impact."

And Politico.com has reports headlined "Senate Republicans hold their fire on Sonia Sotomayor" and "Sonia Sotomayor starts taking hits from opposition."
Posted at 10:34 AM by Howard Bashman



View live, online President Obama's announcement of his U.S. Supreme Court nomination: Live coverage from C-SPAN can be viewed by clicking here. The announcement is expected to begin at 10:15 a.m. eastern time.
Posted at 10:08 AM by Howard Bashman


Access online today's U.S. Supreme Court opinions in argued cases and Order List: The Court has issued three opinions in argued cases today. In early coverage of today's rulings, at "SCOTUSblog" Lyle Denniston has a post titled "Court overrules Michigan v. Jackson."

1. Justice David H. Souter delivered the opinion for a unanimous Court in Abuelhawa v. United States, No. 08-192. You can access the ruling at this link and the oral argument transcript at this link.

2. Justice Antonin Scalia delivered the opinion for the majority in a 5-4 ruling in Montejo v. Louisiana, No. 07-1529. The Chief Justice and Justices Anthony M. Kennedy, Clarence Thomas, and Samuel A. Alito, Jr. joined in the majority opinion. Justice Alito also issued a concurring opinion, in which Justice Kennedy joined. Justice John Paul Stevens issued a dissenting opinion, in which Justices Souter and Ruth Bader Ginsburg joined in full and in which Justice Stephen G. Breyer joined in large part. And Justice Breyer also issued a dissenting opinion. You can access the ruling at this link and the oral argument transcript at this link.

3. And Justice Stevens delivered the opinion for the majority in a 5-4 ruling in Haywood v. Drown, No. 07-10374. Justices Kennedy, Souter, Ginsburg, and Breyer joined in the majority opinion. Justice Thomas issued a dissenting opinion, in which the Chief Justice and Justices Scalia and Alito joined in part. You can access the ruling at this link and the oral argument transcript at this link.

You can access today's Order List at this link. The Court today granted review in one case. At "SCOTUSblog," Lyle Denniston has a post titled "Court to rule on Vioxx fraud case."

In early news coverage, The Associated Press has reports headlined "Court: Suspect must ask for atty to get protection"; "Court says states can't bar some rights suits"; "Court: Phone drug buys shouldn't bring extra time"; "Court to consider whether to allow Vioxx lawsuits"; and "Court lets stand $13M judgment against Chrysler."
Posted at 10:06 AM by Howard Bashman



"Obama Selects Sotomayor for Court": The New York Times has this news update.

The Washington Post has news updates headlined "Officials: Obama Chooses Sotomayor for Supreme Court" and "For Sotomayor, Humble Beginnings to High Court Pick."

The Los Angeles Times has a news update headlined "Obama to nominate Sonia Sotomayor to Supreme Court; Sotomayor, a longtime federal jurist in New York, would become the first Latino member of the high court if confirmed by the Senate."

The New York Daily News has an update headlined "Who is Sonia Sotomayor? Bronx-born judge would be Supreme Court's first Hispanic justice."

ABCNews.com has a written report headlined "Obama Picks Sonia Sotomayor to Replace David Souter on Supreme Court; Sotomayor To Become First Hispanic Supreme Court Justice if Confirmed." And at "The Numbers" blog, Gary Langer has a post titled "Supreme Court Pick: The Public Perspective."

CNN.com has reports headlined "Obama to name Sotomayor as Supreme Court nominee" and "Who is Sonia Sotomayor?" and a transcript headlined "Toobin: Sotomayor will be voice for moderate liberalism."
Posted at 09:52 AM by Howard Bashman



"AP source: Obama picks Sotomayor for Supreme Court." The Associated Press has a report that begins, "U.S. President Barack Obama tapped U.S. Circuit Judge Sonia Sotomayor for the Supreme Court on Tuesday, officials said, making her the first Hispanic in history picked to wear the robes of a justice." In addition, The AP has an article headlined "NY judge rises from projects to the Supreme Court."

CNN.com is also reporting that Second Circuit Judge Sonia Sotomayor is President Obama's choice, as is The New York Times.

Update: The New York Times has this web page providing both a profile of Judge Sotomayor and links to recent articles about her. Earlier this month, Neil A. Lewis had an article headlined "On a Supreme Court Prospect's Resume: 'Baseball Savior'" and Charlie Savage had an article headlined "A Judge's View of Judging Is on the Record."
Posted at 08:32 AM by Howard Bashman



BREAKING NEWS: At 10:15 a.m. eastern time today, President Obama will announce his nominee to replace Justice David H. Souter on the U.S. Supreme Court, The Washington Post is reporting.

And The Associated Press reports that "Obama may unveil pick for Supreme Court today."

Meanwhile, at "SCOTUSblog," Tom Goldstein has a post titled "The Dynamic of the Nomination of Sonia Sotomayor."
Posted at 08:22 AM by Howard Bashman



"Medical-marijuana patients await county's rollout of ID cards": Today's edition of The San Diego Union-Tribune contains an article that begins, "With the U.S. Supreme Court's refusal last week to consider San Diego County's lawsuit against state medical-marijuana laws, local officials appear poised to begin offering identification cards to qualified patients."
Posted at 08:20 AM by Howard Bashman


"Libel Tourism: Congress needs to pass a law that makes clear that no American court will enforce libel judgments from countries that provide less protection for the written word." This editorial appears today in The New York Times.
Posted at 08:15 AM by Howard Bashman


"Clock running on stimulus lawsuits; S.C.'s highest court sets noon deadline for responses from Sanford, McMaster": The State newspaper of Columbia, South Carolina today contains an article that begins, "The S.C. Supreme Court will begin today gathering arguments in two lawsuits that ask the court to determine whether Gov. Mark Sanford must comply with a state budget that requires him to accept a disputed $350 million in federal stimulus money."
Posted at 08:07 AM by Howard Bashman


"No judging how a justice will turn out; The upbringing and life experiences of Supreme Court picks are not always reliable predictors of where they stand legally": David G. Savage and James Oliphant have this article today in The Los Angeles Times.

Today's edition of The Detroit News contains an article headlined "Poll: Gov is a good Supreme Court pick; 51% of voters back Granholm to replace retiring Souter."

The Hill reports that "Court fight could commence this week."

Politico.com reports that "Conservatives itching for SCOTUS fight."

The Washington Times contains an editorial entitled "Questions about Kagan: It's time to come clean about the greens."

The St. Petersburg Times contains an editorial entitled "No nominee, but senators ready to fight."

In The Wall Street Journal, Bernie Marcus has an op-ed entitled "Business and the Supreme Court: Washington's grab for power makes Obama's pick crucial for contracts."

In The New York Daily News, Patrice O'Shaughnessy has an essay entitled "Judge Sonia Sotomayor's consideration for SCOTUS reminder there's more to boro than Stadium, blight."

And yesterday in The Montgomery Independent, Bob Martin had an op-ed entitled "Confirmation hearings put Jeff Sessions in the spotlight."
Posted at 07:58 AM by Howard Bashman



Monday, May 25, 2009

"Favorites of Left Don't Make Obama's Court List": This article will appear Tuesday in The New York Times.
Posted at 11:00 PM by Howard Bashman


"Ex-Detainee Describes Struggle for Exoneration; In France, Algerian Savors Normal Life": Tuesday's edition of The Washington Post will contain an article that begins, "When the nightmare finally ended -- seven years at Guantanamo Bay, two years of force-feeding through a tube in his right nostril, the long struggle to proclaim his innocence before a judge, and finally 10 days of hospitalization -- Lakhdar Boumediene celebrated with pizza for lunch in a little Paris dive."
Posted at 10:22 PM by Howard Bashman


"California Couples Await Gay Marriage Ruling": This article will appear Tuesday in The New York Times.

And Tuesday's edition of The Wall Street Journal will contain an article headlined "Gay-Marriage Fight to Persist in California."

Tomorrow, the Supreme Court of California will issue its ruling on three consolidated cases that challenge the legality of Proposition 8, the ballot measure that reinstated California's ban on same-sex marriage. The decision is scheduled to be posted online at this link at 1 p.m. eastern time (10 a.m. pacific time) tomorrow.
Posted at 09:00 PM by Howard Bashman



"Liberals Sketch Out Dreams and Limits for Supreme Court": Jess Bravin will have this article Tuesday in The Wall Street Journal.

Tuesday in The Washington Post, Robert Barnes will have an article headlined "More Than One Way to Diversify the Supreme Court; Beyond Race and Gender, Today's Justices are Homogenous."

And today's broadcast of NPR's "Morning Edition" contained an audio segment entitled "Groups Prepare For Battle Over Court Nominee" (RealPlayer required) featuring Nina Totenberg.
Posted at 08:47 PM by Howard Bashman



"Official: Obama still deciding whether 9/11 case goes to U.S. court." Carol Rosenberg of The Miami Herald has a news update that begins, "President Barack Obama is still deciding whether to go to federal court with the death penalty cases against five men accused of orchestrating the Sept. 11, 2001, terrorist attacks, a Defense Department official has notified the thousands of victim family members."
Posted at 08:40 PM by Howard Bashman


"A golden opportunity to revamp the Voting Rights Act: The Supreme Court appears poised to strike down a key provision of the act; Liberals are worried, but it might be good for the country because the act needs to be brought into the 21st century." Law professors Guy-Uriel E. Charles and Luis Fuentes-Rohwer have this op-ed today in The Los Angeles Times.
Posted at 04:44 PM by Howard Bashman


"Police use GPS to track suspects despite murky law": The Associated Press has this report.
Posted at 04:30 PM by Howard Bashman


"A Fight to Protect Americans From British Libel Law": This article appears today in The New York Times.
Posted at 04:20 PM by Howard Bashman


"Obama Seeks 'Common Touch' in His Supreme Court Nominee; Short-List Narrows, Buzz Intensifies Over the Supreme Court Vacancy": ABC News correspondent Jan Crawford Greenburg has this written report.

Bill Mears of CNN.com has an article headlined "Uneasy political calculus of diversity and Supreme Court."

Yesterday in The Boston Globe, Rebecca Tuhus-Dubrow had an Ideas essay entitled "Supreme Reforms: How the nation's highest court could be improved."

And at his "Think Again" blog hosted by The New York Times, Stanley Fish has a post titled "Empathy and the Law."
Posted at 04:08 PM by Howard Bashman



"When the Justices Ask Questions, Be Prepared to Lose the Case": Tuesday in The New York Times, Adam Liptak will have this new installment of his "Sidebar" column.
Posted at 04:03 PM by Howard Bashman


Sunday, May 24, 2009

"Threats to Judges, Prosecutors Soaring; Worried Court Personnel Resort To Guards, Identity Shields, Weapons": In Monday's edition of The Washington Post, Jerry Markon will have an article that begins, "Threats against the nation's judges and prosecutors have sharply increased, prompting hundreds to get 24-hour protection from armed U.S. marshals. Many federal judges are altering their routes to work, installing security systems at home, shielding their addresses by paying bills at the courthouse or refraining from registering to vote. Some even pack weapons on the bench."
Posted at 11:27 PM by Howard Bashman


"New Supreme Court Justice Could Hold the Key to Presidential Power": Charlie Savage will have this article Monday in The New York Times.

The Wilmington (Del.) News Journal today contains an article headlined "Biden's seen all angles of judiciary hearings; Obama's Supreme Court pick expected this week."

The Burlington Free Press reports today that "Leahy to have key role in hearings."

The Denver Post contains an article headlined "Salazar: A Supreme suggestion."

The Associated Press has an article headlined "GOP senator: Court nominee could incite filibuster."

And Monday in The Washington Post, Fred Hiatt will have an op-ed entitled "Justice Souter's 'Safe Place.'"
Posted at 11:24 PM by Howard Bashman



"Earl Warren, a justice with empathy: The Warren court drew upon the singular character of its chief to craft a remarkable body of work." Jim Newton has this op-ed today in The Los Angeles Times.
Posted at 10:40 AM by Howard Bashman


"In Court Pick, Obama Seeks Experience of Real World": This article appears today in The New York Times, along with a profile of Governor Jennifer M. Granholm (D-MI) headlined "A Court Candidate Who Has a Sparse Legal Record." Yesterday's newspaper, meanwhile, contained a profile of Georgia Chief Justice Leah Ward Sears headlined "After Many Firsts, Judge Has Talent for Persuasion."

Today in The Washington Post, Robert Barnes has an article headlined "Court Views Work Of Potential Picks; Among Justices' Most Contentious Cases Are Those From Sotomayor and Wardlaw." The newspaper also contains an article headlined "Obama Expands on Criteria for New Justice" and an essay by Tom C. Korologos entitled "How to Scale the High Court."

CNN.com reports that "Obama looking for 'common touch' in Supreme Court nominee."

And The Associated Press reports that "Obama sees court pick as smart with common touch."
Posted at 10:25 AM by Howard Bashman



"A Supreme Choice: Why Obama could go bold." Dahlia Lithwick will have this essay in the June 1, 2009 issue of Newsweek.
Posted at 10:12 AM by Howard Bashman


Saturday, May 23, 2009

Programming note: This afternoon, my son and I will be in the Bronx, New York at the new Yankee Stadium to see the Philadelphia Phillies play the New York Yankees.
Posted at 08:40 AM by Howard Bashman


"Next Supreme Court's docket much broader than abortion": Michael Doyle and Marisa Taylor of McClatchy Newspapers have this report.
Posted at 08:37 AM by Howard Bashman


Friday, May 22, 2009

"Wiretap Judge Slams Government": Bob Egelko of The San Francisco Chronicle has a news update that begins, "A federal judge in San Francisco lashed out Friday at the Obama administration for its refusal to share a classified document with an Islamic group that claims it was illegally wiretapped, and said he may declare the group the winner by default in its lawsuit against the government."

And law.com reports that "Federal Judge Threatens DOJ Lawyers With Sanctions in Warrantless Wiretapping Case."
Posted at 11:58 PM by Howard Bashman



"President's Detention Plan Tests American Legal Tradition": This article will appear Saturday in The New York Times, along with an article headlined "In a Place Unused to Escapes, a Debate on Jailing Jihadists."

Saturday in The San Francisco Chronicle, Bob Egelko will have an article headlined "Detainee Tribunals Draw Criticism."

And this evening's broadcast of NPR's "All Things Considered" contained audio segments entitled "Obama Leans Toward 'Preventive Detention'" and "Will Guantanamo Detainees Go To Colorado?" (RealPlayer required).
Posted at 11:37 PM by Howard Bashman



"Big Tobacco Loses in Appeals Court; Judges Uphold 2006 Ruling That Firms Lied About Risks": This article will appear Saturday in The Washington Post.

My earlier coverage of today's D.C. Circuit ruling appears at this link.
Posted at 11:30 PM by Howard Bashman



"O'Connor on Judicial Elections, Civic Education and the High Court Vacancy: In interview, retired justice says a woman should be the choice." Tony Mauro will have this article in next week's issue of The National Law Journal.
Posted at 11:24 PM by Howard Bashman


"Obama on Pace to Name Supreme Court Nominee Before Heading Overseas": This article will appear Saturday in The Washington Post.
Posted at 11:20 PM by Howard Bashman


"At a Symposium of Judges, a Debate on the Laws of Fashion": John Schwartz will have this article Saturday in The New York Times.
Posted at 11:15 PM by Howard Bashman


"Some possible nominees had easy Senate path before": Jesse J. Holland of The Associated Press has a report that begins, "Some of the people President Barack Obama is considering for the Supreme Court got significant support from Republicans when they were last before the Senate seeking jobs in the judiciary or executive branches of government."

Bill Mears of CNN.com reports that "Supreme Court confirmations a mix of politics, tradition."

FOXNews.com reports that "Obama Spokesman Pranks White House Press Corps on Supreme Court Pick."

And Michael D. Shear and Peter Slevin of The Washington Post have a blog post titled "Interview Schedule Indicates Obama on Track to Announce Supreme Court Pick."
Posted at 08:34 PM by Howard Bashman



"Justice Souter and the Supreme Court's Church-State Balance": Melissa Rogers has this essay online at the web site of The Brookings Institution.
Posted at 03:57 PM by Howard Bashman


"Vets Make Memorial Day Plea to Supreme Court": At "The BLT: The Blog of Legal Times," Tony Mauro has a post that begins, "Representatives of major veterans' groups on Thursday called on the Supreme Court to allow the Mojave Desert Veterans Memorial to stand within the Mojave Desert Preserve in California, and to reject Establishment Clause arguments against it."
Posted at 02:48 PM by Howard Bashman


"3rd Circuit Committee in Kozinski Probe Completes Investigation": John Roemer has this article today in The Daily Journal of California.
Posted at 02:45 PM by Howard Bashman


"Supreme Court prospects may trip over own words": Sharon Theimer and Pete Yost of The Associated Press have this report.
Posted at 02:40 PM by Howard Bashman


"State high court to rule Tuesday on Prop. 8": Bob Egelko of The San Francisco Chronicle has a news update that begins, "The state Supreme Court will rule Tuesday on a challenge to Proposition 8, the ballot measure that reinstated California's ban on same-sex marriage."

The Sacramento Bee has a news update headlined "Prop. 8 ruling coming Tuesday."

Maura Dolan of The Los Angeles Times has a blog post titled "California Supreme Court to rule on Proposition 8 Tuesday."

And The Associated Press reports that "California high court set to rule on gay marriage."

Today's announcement from the Supreme Court of California of "Forthcoming Opinion Filings" can be viewed at this link.

Ordinarily, California's highest court issues new opinions on Mondays and Thursdays, but because next Monday is the Memorial Day holiday, the court's next opinion announcement date will be next Tuesday. The opinion will appear online at this link at 1 p.m. eastern time (10 a.m. pacific time) Tuesday.
Posted at 02:35 PM by Howard Bashman



"Identity Politics And Sotomayor: The judge's thinking is representative of the Democratic Party's powerful identity-politics wing." Stuart Taylor Jr. has this new essay online at the web site of National Journal.
Posted at 12:15 PM by Howard Bashman


Second Circuit Judge Sonia Sotomayor argues that clearly established Fourth Amendment precedent did not permit arrestees for misdemeanors to be forced to expose their private parts to corrections officers and inmates without reasonable suspicion: Beginning at page 25 of this PDF file, you can access her dissent from a ruling that a three-judge panel of the U.S. Court of Appeals for the Second Circuit issued today.
Posted at 10:54 AM by Howard Bashman


"Defendants in this action, cigarette manufacturers and trade organizations, appeal from the district court's judgment finding them liable for conducting the affairs of their joint enterprise through a pattern of mail and wire fraud in a scheme to deceive American consumers." So begins a lengthy per curiam opinion that a unanimous three-judge panel of the U.S. Court of Appeals for the D.C. Circuit issued today.

The introduction to today's opinion summarizes the court's holdings as follows: "After considering all of the parties' arguments, we affirm in large part the finding of liability, remanding only for dismissal of the trade organizations. We also largely affirm the remedial order, including the denial of additional remedies, but vacate the order with regard to four discrete issues, remanding for further proceedings as directed in this opinion."

Update: The Associated Press reports that "Cigarette makers lose appeal in landmark case."

The Washington Post has a news update headlined "Appeals Court Upholds Landmark Case Against Tobacco Industry."

Reuters reports that "U.S. appeals court agrees tobacco companies lied."

Bloomberg News reports that "Altria, Cigarette Makers Lose 'Lights' Ruling Appeal."

And at "SCOTUSblog," Lyle Denniston has a post titled "Sweeping tobacco ruling headed for Court?"
Posted at 10:38 AM by Howard Bashman



"Obama Would Move Some Detainees to U.S." This article appears today in The New York Times, along with an article headlined "Detainee to Be Transferred to U.S. for Trial."

Today's edition of The Washington Post contains articles headlined "Obama Endorses Indefinite Detention Without Trial for Some" and "Supermax Prisons in U.S. Already Hold Terrorists."

Marisa Taylor and Michael Doyle of McClatchy Newspapers report that "Obama's proposed Guantanamo legal plan rife with problems."

And Warren Richey of The Christian Science Monitor has an article headlined "Obama: Bring Guantanamo detainees to US, detain some indefinitely; His bid to close the prison camp in jeopardy, he laid out five options Thursday for resolving the detainees' status."
Posted at 08:40 AM by Howard Bashman



"Obama Curtails Bush's Policy of 'Preemption'; It Let Federal Rules Override State Laws": The Washington Post contains this article today.
Posted at 08:20 AM by Howard Bashman


"Indiana judge's confirmation vote postponed; GOP senator cites jurist's ruling on Statehouse prayers": This article appears today in The Indianapolis Star.

And Bloomberg News reports that "Republicans Block Action on Obama's Nominee for U.S. Judiciary."
Posted at 08:15 AM by Howard Bashman



Thursday, May 21, 2009

"Pussy" energy drink dispute coming soon to the Federal Circuit? According to "The TTABlog," "Applicant argued that the word 'pussy' has multiple meanings, that nothing in the mark or in the packaging for the product suggests a vulgar meaning, and that the PTO did not establish how the mark would be perceived as scandalous in the marketplace."

Notwithstanding those arguments, in a ruling issued last week the Trademark Trial and Appeal Board refused to register the mark "Pussy" for energy drinks because the TTAB found the mark to be scandalous.
Posted at 11:30 PM by Howard Bashman



"Labor Ruling Could Be Headed for U.S. Supreme Court; In a case originating in Georgia, the D.C. Circuit questioned the validity of decisions made by the two-member NLRB": Alyson M. Palmer of the Fulton County Daily Report has this article.
Posted at 11:15 PM by Howard Bashman


"Sotomayor, Moreno in Talks For Souter Seat": Laura Ernde and Lawrence Hurley will have this article Friday in The Daily Journal of California.

Bill Mears of CNN.com reports that "Hispanic high court candidates given White House scrutiny."

The Fayetteville Observer has a blog post titled "Timmons-Goodson on U.S. Supreme Court rumors."

Friday in The Wall Street Journal, Collin Levy will have an op-ed entitled "How Joe Biden Wrecked the Judicial Confirmation Process: The vice president can't complain if Republicans object to Obama's Supreme Court nominee."

And Friday in The Boston Globe, columnist Ellen Goodman will have an op-ed entitled "What's so bad about empathy?"
Posted at 10:45 PM by Howard Bashman



"Replacing Justice Souter: Legal experts discuss Obama's forthcoming Supreme Court nomination." This article appears online today at Reason.
Posted at 08:59 PM by Howard Bashman


"Judge Sotomayor's Opinions with Dissents - Part I": Kevin Russell has this post today at "SCOTUSblog."
Posted at 04:13 PM by Howard Bashman


Recent posts of interest at "The BLT: The Blog of Legal Times." Tony Mauro has a post titled "If Picked, Granholm Would be 7th Foreign-Born Justice."

Jordan Weissmann has a post titled "Justice Breyer: Judges Need Voice in the Cabinet."

And David Ingram has a post titled "Republicans Delay Votes on Appellate Nominees."
Posted at 04:05 PM by Howard Bashman



"Obama Breaks From Bush on Pre-emption": Lawrence Hurley has this article today in The Daily Journal of California.
Posted at 02:50 PM by Howard Bashman


"Gays Have Served Honorably in the War on Terror; It's time to end 'Don't Ask, Don't Tell'": Brian Hughes has this op-ed today in The Wall Street Journal.
Posted at 11:22 AM by Howard Bashman


"Obama says US prisons tough enough for detainees": The Associated Press has a report that begins, "President Barack Obama vigorously defended his plans to close the Guantanamo prison camp on Thursday and promised to work with Congress to develop a system for imprisoning detainees who can't be tried and can't be turned loose."
Posted at 11:20 AM by Howard Bashman


"Shift Toward State Rules on Product Liability": This preemption-related article appears today in The Wall Street Journal.

You can access at this link the memorandum that President Obama issued yesterday on the subject of preemption.
Posted at 08:35 AM by Howard Bashman



"Female guards OKd to strip-search male inmates": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "A male prisoner can be strip-searched by a female guard even if male officers are available, a federal appeals court has ruled. In a 2-1 decision, the Ninth U.S. Circuit Court of Appeals in San Francisco dismissed an Arizona inmate's claims that jail officials had violated his rights by having a female guard trainee search inside his shorts and pat down his genitals."

You can access Monday's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 08:30 AM by Howard Bashman



"Search for Supreme Court Justice Reaches Interview Stage": The New York Times contains this article today.

And today in USA Today, Joan Biskupic has an article headlined "Precedents on presidential choices for Supreme Court."
Posted at 08:20 AM by Howard Bashman



"Push in Spain to Limit Reach of the Courts": This article appears today in The New York Times.
Posted at 08:17 AM by Howard Bashman


"Equal Pay for Women Denied, Again": Today's edition of The New York Times contains an editorial that begins, "The Supreme Court keeps finding ways to deny women equal pay and benefits."
Posted at 08:14 AM by Howard Bashman


"Death Row Foes See Newsroom Cuts as Blow": The New York Times today contains an article that begins, "Opponents of the death penalty looking to exonerate wrongly accused prisoners say their efforts have been hobbled by the dwindling size of America's newsrooms, and particularly the disappearance of investigative reporting at many regional papers."
Posted at 08:12 AM by Howard Bashman


"Bloggers, Beware: What You Write Can Get You Sued." The Wall Street Journal contains this article today.
Posted at 08:07 AM by Howard Bashman


"The Battle Over Benefits for Same-Sex Spouses: Lawsuit Seeks Same Rights Straight Couples Possess; Opponents Fear Campaign to Advance Gay Marriage Nationally." This article appears today in The Wall Street Journal.
Posted at 08:05 AM by Howard Bashman


"The Supreme Court Dismisses a 9/11 Detainee's Civil Lawsuit": Michael C. Dorf has this essay online at FindLaw.
Posted at 07:58 AM by Howard Bashman


"Execution protocol passes test; 13 more on death row in Missouri": The Kansas City Star contains this article today.
Posted at 07:55 AM by Howard Bashman


"Violent video games are focus of California petition to Supreme Court; Atty. Gen. Jerry Brown has petitioned the high court to uphold a state law banning the sale or rental of violent games to anyone younger than 18": This article appears today in The Los Angeles Times.

Today in The San Francisco Chronicle, Bob Egelko has an article headlined "One last pitch for violent video-game ban."

And The Sacramento Bee reports that "State fights to ban violent video game sales to kids."
Posted at 07:54 AM by Howard Bashman



"Nothing More Than Feelings: Conflating judicial empathy with gender is bad for both women and the law." Rodger Citron and Dahlia Lithwick have this jurisprudence essay online at Slate.
Posted at 07:35 AM by Howard Bashman


Wednesday, May 20, 2009

"High Court Buzz Centers on Chicago Judge and Solicitor General": Robert Barnes and Shailagh Murray will have this article Thursday in The Washington Post.

Thursday in The Wall Street Journal, Jess Bravin will have an article headlined "Businesses Expect a Simpatico Successor to Souter."

Thursday in The Los Angeles Times, James Oliphant will have an article headlined "Conservatives take aim at Supreme Court candidates; In a preemptive strike, right-wing groups launch Internet attack ads against Obama's possible nominees; And liberals return fire."

And Thursday in The Houston Chronicle, Tara Smith will have an op-ed entitled "Beware cliches in debate over Souter replacement."
Posted at 11:14 PM by Howard Bashman



"AP Source: 1st Gitmo detainee to get US trial." The Associated Press has a report that begins, "A top al-Qaida suspect held at Guantanamo Bay will be sent to New York for trial, an Obama administration official said Wednesday."
Posted at 08:40 PM by Howard Bashman


"Right or left, judges are activists": Law professors Adam Benforado and Jon Hanson have this op-ed today in The Philadelphia Inquirer.
Posted at 08:23 PM by Howard Bashman


"High-court seat for Napolitano could benefit Kyl": This article appears today in The Arizona Republic.

The Washington Post has a news update headlined "Governor Granholm's Political Rise Paved by a Reganesque Start."

Edwin Chen and Greg Stohr of Bloomberg News report that "Obama Said to Have Met With High Court Candidate Wood."

"SCOTUSblog" has a post titled "Nominee Analysis: Judge Diane Wood."

And today's broadcast of NPR's "Talk of the Nation" contained an audio segment entitled "Conservatives Take On Potential SCOTUS Nominees" (RealPlayer required).
Posted at 08:20 PM by Howard Bashman



"Obama pulls back Bush-era policy curbing lawsuits": The Associated Press has this preemption-related report.
Posted at 07:58 PM by Howard Bashman


"Top Contenders for Souter's Seat Diverge on Key Issues": Lawrence Hurley has this article today in The Daily Journal of California.
Posted at 07:48 PM by Howard Bashman


"Official: Obama meeting with court candidates." The Associated Press has this report.

And at "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "Souter: Republic is Lost Unless Civic Education Improves."
Posted at 05:40 PM by Howard Bashman



"The Conciliator: Meet the second coming of Ruth Bader Ginsburg." Online at The New Republic, law professor Jeffrey Rosen has this essay about Seventh Circuit Judge Diane P. Wood.
Posted at 03:45 PM by Howard Bashman


"Supreme stats: 106 white males among 110 justices." The Associated Press has this report.
Posted at 03:42 PM by Howard Bashman


"Supreme Court candidates together at conference": Mark Sherman of The Associated Press has a report that begins, "Federal appeals court judge Diane Wood and Solicitor General Elena Kagan, two candidates for the impending vacancy on the Supreme Court, took part in a conference Wednesday on the importance of judicial independence." Additional information about the conference can be accessed here.

Robert Barnes and Shailagh Murray of The Washington Post have a blog post titled "Obama Starts to Meet with Court Contenders."

And at "The BLT: The Blog of Legal Times," David Ingram has a post titled "Specter Recommends Four Women Who Are Not Judges."
Posted at 03:24 PM by Howard Bashman



"Senate votes to block transfer of Guantanamo prisoners to U.S.; The 90-6 vote comes after lawmakers balked at the idea of bringing detainees onto American soil; FBI Director Robert Mueller warned Congress such a move could pose the risk of terrorist attack": The Los Angeles Times has this news update.
Posted at 02:28 PM by Howard Bashman


"Calif. AG asks court to OK law banning game sales": The Associated Press has a report that begins, "California Attorney General Jerry Brown has asked the U.S. Supreme Court to reinstate a law banning the sale or rental of violent video games to minors."
Posted at 02:25 PM by Howard Bashman


"Judge Sotomayor's Civil Opinions - Part IV": Amy Howe has this post today at "SCOTUSblog."
Posted at 12:21 PM by Howard Bashman


"Supreme Court possibility Kagan speaks": The Associated Press has this report. The Solicitor General's remarks occurred today in connection with this event.

And at her "Legalities" blog, Jan Crawford Greenburg has a post titled "Judge Wood Goes to Washington."
Posted at 11:38 AM by Howard Bashman



"GOP's Melvin wins chance to face Panella in Supreme Court race": The Pittsburgh Post-Gazette contains this article today.

The Pittsburgh Tribune-Review reports today that "It's Melvin vs. Panella for state Supreme Court."

The Philadelphia Inquirer reports that "2 Superior Court judges to vie for Supreme seat."

And today in The Philadelphia Daily News, columnist John Baer has an op-ed entitled "Time to end electing judges."
Posted at 09:03 AM by Howard Bashman



"Senate Demands Plan for Detainees; Democrats Scrap Funding to Close Guantanamo Bay": This article appears today in The Washington Post.

The New York Times reports today that "Democrats in Senate Block Money to Close Guantanamo."

The Los Angeles Times reports that "Senate expected to strip funds to close Guantanamo; Under pressure from Republicans, Democrats balk at supporting Obama's request without knowing exactly what would become of the detention facility's 240 remaining inmates."

The Wall Street Journal reports that "Democrats Plan to Block Gitmo Closing."

The Boston Globe reports that "Obama takes a hit on Guantanamo; Democrats tie funding to a plan for prisoners." The newspaper also contains an editorial entitled "Obama's kangaroo courts."

And McClatchy Newspapers report that "Senate Democrats postpone funds to shut Guantanamo."
Posted at 08:55 AM by Howard Bashman



"Documents About Lost E-Mail Can Stay Secret; Court Sides With White House Office": The Washington Post contains this article today.

My earlier coverage of yesterday's D.C. Circuit ruling appears at this link.
Posted at 08:27 AM by Howard Bashman



"End Is Near in a Fight on Teaching of English": This article appears today in The New York Times.
Posted at 08:17 AM by Howard Bashman


"Obama Begins Interviewing Potential Supreme Court Picks": Today's edition of The Wall Street Journal contains an article that begins, "President Barack Obama began interviewing potential Supreme Court candidates Tuesday, while a senior White House official defended the president's stated preference for a nominee who will give the powerless 'a fair shake.'"

And today in The Washington Post, Ed Gillespie has an op-ed entitled "Judging Obama's Nominee."
Posted at 08:02 AM by Howard Bashman



"Continued discharges anger 'don't ask, don't tell' critics; Gay-rights groups urge reversal now": This article appears today in The Boston Globe.

Today in The Los Angeles Times, Carol J. Williams reports that "Obama in no hurry to end 'don't ask, don't tell'; He made a campaign pledge to lift the ban on gays in the military; But neither he nor Congress appears ready to reopen the debate."

And Bob Egelko of The San Francisco Chronicle reports that "Obama won't oppose ruling weakening 'don't ask.'"
Posted at 07:50 AM by Howard Bashman



"Plaintiffs Lawyers See Broad Impact of High Court's Decision on Detainees": law.com's Tony Mauro has an article that begins, "A U.S. Supreme Court ruling on Monday could make it significantly harder for plaintiffs in a broad range of cases to survive defendants' motions to dismiss, according to experts in civil procedure."

And today's edition of The New York Times contains an editorial entitled "Throwing Out Mr. Iqbal's Case."
Posted at 07:42 AM by Howard Bashman



"Do Interactive Websites Have a Legal Duty to Remove Malicious Content?" Anita Ramasastry has this essay online at FindLaw.
Posted at 07:38 AM by Howard Bashman


Tuesday, May 19, 2009

"Justices Turn Back Ex-Detainee's Suit": Adam Liptak has this article today in The New York Times.

Today in The Washington Post, Robert Barnes reports that "Court Says Detainee's Lawsuit Can't Proceed." The newspaper also contains an editorial entitled "Abuse and Accountability: The Supreme Court turns back a detainee's lawsuit against top Justice Department officials."

David G. Savage of The Los Angeles Times reports that "Supreme Court tosses former detainee's lawsuit; The justices rule that Javaid Iqbal, a Pakistani Muslim arrested after Sept. 11, may not sue former Atty. Gen. John Ashcroft and FBI Director Robert S. Mueller III for abuses he says he suffered."

Jess Bravin of The Wall Street Journal reports that "Justices Reject Custody Claims."

Joan Biskupic of USA Today reports that "Claim against Ashcroft, Mueller rejected; High court says Pakistani failed to prove link in post-9/11 abuse."

Warren Richey of The Christian Science Monitor reports that "Court ruling could protect top Bush officials from terror lawsuits; The Supreme Court on Monday dismissed a suit holding FBI Director Robert Mueller and former Attorney General John Ashcroft responsible for wrongful detention of Muslims after 9/11."

At Politico.com, Josh Gerstein reports that "Post-9/11 discrimination suit blocked."

And yesterday evening's broadcast of NPR's "All Things Considered" contained an audio segment entitled "Ruling Deals Blow To Ex-Detainee's Abuse Case" (RealPlayer required) featuring Nina Totenberg.
Posted at 11:58 PM by Howard Bashman



"Supreme Court Will Hear Sarbanes-Oxley Challenge; Accounting Oversight Board Wields Too Much Power, Plaintiffs Say": This article appears today in The Washington Post.

And today's edition of The Wall Street Journal contains an editorial entitled "Sarbox and the Constitution: Supreme Court scrutiny for a harmful law."
Posted at 11:44 PM by Howard Bashman



"Pension Plans May Exclude Pregnancy Leaves, Justices Rule": Adam Liptak has this article today in The New York Times.

Today in The San Francisco Chronicle, Bob Egelko reports that "Court lets maternity leave hurt pension payoff."

law.com's Tony Mauro reports that "High Court Rules in Pregnancy Leave Case, Agrees to Hear Challenge to SOX Board; Justices turn back former detainee's suit against former AG Ashcroft and FBI director."

And at the "XXfactor" blog, Dahlia Lithwick has a post titled "Ruth Bader Ginsburg Ain't No Oprah Winfrey," while Emily Bazelon has a post titled "AT&T v. Hulteen: The Ghost of Bad Supreme Court Rulings Past."
Posted at 11:35 PM by Howard Bashman



"Californian Would Add Wide Experience to Court": Wednesday in The New York Times, John Schwartz will have an article that begins, "Carlos R. Moreno is a long-shot candidate to fill Justice David H. Souter's spot on the United States Supreme Court. He is the only man on most short lists when many people believe President Obama will appoint a woman; he is also, at 60, a bit old by the standards of recent appointees."

The Detroit News has an update headlined "Granholm didn't meet privately with Obama at White House."

At ABCNews.com, Ariane de Vogue, Jan Crawford Greenburg and Theresa Cook have an article headlined "Court Pick Might Not Come From the Bench; Will Obama Look Outside the 'Judicial Monastery' to Fill Court Vacancy?"

FOXNews.com reports that "Political Battle Over Obama's Supreme Court Pick Hits the Web; Conservative and liberal groups are using the Internet to trade accusations, launch attack ads against potential nominees and raise money to support their cause."

The Hill reports that "SCOTUS debate becomes conservatives' cash cow."

And at The Huffington Post, Jeff Cohen has an essay entitled "Will Obama Move Supreme Court Rightward?"
Posted at 10:24 PM by Howard Bashman



"391 N.J. judges agree to voluntary 2-day furlough": The Newark (N.J.) Star-Ledger has this news update.
Posted at 10:18 PM by Howard Bashman


"Analysis: Expect nominee to dodge hard questions." Jesse J. Holland of The Associated Press has an article that begins, "Questions about abortion, gay rights, rights of suspected terrorists and the meaning of a new judicial buzz word - empathy - await President Barack Obama's eventual Supreme Court nominee. Just don't expect much in the way of answers."
Posted at 04:33 PM by Howard Bashman


"Judge dismisses Rutgers prof's lawsuit targeting Iraq war's validity": The Newark (N.J.) Star-Ledger has a news update that begins, "A federal judge today dismissed a Rutgers University professor's lawsuit arguing the 2003 invasion of Iraq was unconstitutional."

And The Associated Press reports that "Judge drops suit over Iraq war's constitutionality."

I have posted online at this link today's ruling of the U.S. District Court for the District of New Jersey. According to today's decision, the plaintiffs were seeking "a declaratory judgment that the 'war in Iraq is being waged in violation of Article I, Sec. 8 of the United States Constitution.'"
Posted at 03:06 PM by Howard Bashman



"Judge Sotomayor's Civil Opinions - Part III": Kevin Russell has this post today at "SCOTUSblog."
Posted at 03:05 PM by Howard Bashman


"Coloradan may be considered for high court": Today's edition of The Pueblo Chieftain contains an article that begins, "A new Hispanic judge who grew up in modest circumstances in Southern Colorado said Monday she has been approached by White House intermediaries about being considered to fill a seat on the U.S. Supreme Court. U.S. District Judge Christine Arguello disclosed the development during an inquiry from The Pueblo Chieftain."
Posted at 03:04 PM by Howard Bashman


"The Cheney Fallacy: Why Barack Obama is waging a more effective war on terror than George W. Bush." Law professor Jack Goldsmith has this essay online at The New Republic.
Posted at 11:34 AM by Howard Bashman


"White House wins court fight on e-mail disclosure": The Associated Press has a report that begins, "A federal appeals court ruled Tuesday that the office that has records about millions of possibly missing e-mails from the Bush White House does not have to make them public."

You can access today's ruling of the U.S. Court of Appeals for the D.C. Circuit at this link.
Posted at 11:32 AM by Howard Bashman



"Judge Sotomayor's Civil Opinions - Part II": Tom Goldstein has this post at "SCOTUSblog."
Posted at 10:19 AM by Howard Bashman


"Calif. top court revives class action against tobacco industry; State Supreme Court's 4-3 decision involving a deceptive advertising case surprises those who thought Prop. 64 had essentially ended consumer lawsuits": Maura Dolan has this article today in The Los Angeles Times.

Bob Egelko of The San Francisco Chronicle reports today that "Class-action lawsuit over tobacco ads proceeds."

And law.com reports that "In Loss for Big Tobacco, Calif. Supreme Court Loosens Standing to Sue Under Proposition 64."

My earlier coverage of yesterday's ruling of the Supreme Court of California appears at this link.
Posted at 08:40 AM by Howard Bashman



"An Alternative Short List for the High Court: Law professors say whom they would nominate to the U.S. Supreme Court; Are any on the president's radar?" Marcia Coyle has this article in the current issue of The National Law Journal.

Linda Feldmann of The Christian Science Monitor has an article headlined "What another woman would bring to Supreme Court: Expectations are high that Obama will nominate a woman; Though female jurisprudence is not much different from that of male judges, women tend to be more pro-women's rights and to tilt more toward plaintiffs in sex-discrimination cases."

Newsday reports today that "Hofstra law dean honored to be mentioned for Supreme Court."

Today's edition of The New York Times contains an article headlined "Napolitano Appears to Straddle Political Divide."

And at Politico.com, Gebe Martinez has an essay entitled "The selection of a latina for the Supreme Court won't mean quotas trumped qualifications."
Posted at 08:34 AM by Howard Bashman



"Amid Queries, CIA Worries About Future; Intelligence Officials Privately Warn That New Rules May Hinder Their Interrogations": This article appears today in The Washington Post.
Posted at 08:25 AM by Howard Bashman


"Executions Debated as Missouri Plans One": The New York Times contains this article today.

And The St. Louis Post-Dispatch reports today that "Executions set for two Missouri men."
Posted at 08:15 AM by Howard Bashman



"Changes Planned for Guantanamo Trials May Lead to Familiar Challenges": This article appears today in The New York Times.

The Wall Street Journal reports today that "Detainee Stance Represents Political Gamble for Obama."

Politico.com reports that "Republicans want to keep Guantanamo Bay detainees out of the United States."

And The Associated Press reports that "Prospect of Gitmo prisoners in US stokes fears."
Posted at 08:14 AM by Howard Bashman



"Obama Avoids Test on Gays in Military": Today in The Wall Street Journal, Jess Bravin and Laura Meckler have an article that begins, "The Obama administration has decided to accept an appeals-court ruling that could undermine the military's ban on service members found to be gay."
Posted at 08:07 AM by Howard Bashman


"Judge delays a decision on sanctions; Prosecutor is reprimanded": Today in The Boston Globe, Jonathan Saltzman has an article that begins, "The chief judge of the US District Court in Massachusetts held off yesterday on sanctioning a federal prosecutor who has acknowledged that she withheld evidence that could have cleared a defendant in a gun case."
Posted at 08:00 AM by Howard Bashman


"Images, the Law and War": Adam Liptak had this article in the Week in Review section of this past Sunday's edition of The New York Times.
Posted at 07:51 AM by Howard Bashman


Monday, May 18, 2009

"The Logic of Empathy: How Obama is like Spock." John Dickerson has this essay online at Slate.
Posted at 10:05 PM by Howard Bashman


"Say When: Experts Make Their Predictions." Amy Harder has this post today at National Journal's "The Ninth Justice" blog.
Posted at 03:20 PM by Howard Bashman


"California Supreme Court revives class-action suit against tobacco firms": Maura Dolan of The Los Angeles Times has a blog post that begins, "The California Supreme Court decided 4-3 today that consumers can file class-action lawsuits against the tobacco industry and other businesses under a law voters limited in 2004, reversing a trend in the lower courts."

You can access today's ruling of the Supreme Court of California at this link.

At "The UCL Practitioner" blog, Kimberly A. Kralowec has this lengthy post featuring highlights from the ruling.
Posted at 03:14 PM by Howard Bashman



"High Court Declines to Hear Jefferson Appeal": The Washington Post has this news update.
Posted at 03:11 PM by Howard Bashman


"Supreme Court action upholds California's medical pot law; Justices reject appeals from San Diego and San Bernardino counties seeking to throw out the state marijuana law; Patients likely will be able to seek ID cards showing they're eligible to use the drug": David G. Savage of The Los Angeles Times has this news update.

And Bob Egelko of The San Francisco Chronicle has a news update headlined "U.S. Supreme Court rejects Prop. 215 challenge."
Posted at 03:10 PM by Howard Bashman



"Justices Turn Back Ex-Detainee's Suit Over Prison Abuses": Adam Liptak of The New York Times has this news update.

Robert Barnes of The Washington Post has a news update headlined "Supreme Court Rules Former Detainee Lawsuit Cannot Proceed."

David G. Savage of The Los Angeles Times has a news update headlined "Top Bush officials not liable for Muslims' post-Sept. 11 arrests; The Supreme Court rules that former Atty. Gen. John Ashcroft and FBI Director Robert Mueller can't be sued by more than 700 Muslim men sent to maximum security prison in the wake of the 2001 attacks."

And at "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "Justice Souter's 'Little Green Men.'"
Posted at 03:06 PM by Howard Bashman



"Judge Sotomayor and the First Amendment (And the Pending Case)": Eric Turkewitz has this post today at his "New York Personal Injury Law Blog."
Posted at 12:42 PM by Howard Bashman


Access online today's opinions in argued cases and Order List of the Supreme Court of the United States: The Court today has issued two opinions in argued cases.

1. Justice David H. Souter delivered the opinion of the Court in AT&T Corp. v. Hulteen, No. 07-543. The Chief Justice and Justices John Paul Stevens, Antonin Scalia, Anthony M. Kennedy, Clarence Thomas, and Samuel A. Alito, Jr. joined in the opinion of the Court. Justice Stevens also filed a concurring opinion. And Justice Ruth Bader Ginsburg issued a dissenting opinion, in which Justice Stephen G. Breyer joined. You can access the ruling at this link and the oral argument transcript at this link.

2. Justice Kennedy delivered the opinion of the Court in Ashcroft v. Iqbal, No. 07-1015, a case in which the Court divided 5-4. The Chief Justice and Justices Scalia, Thomas, and Alito joined in the opinion of the Court. Justice Souter issued a dissenting opinion, in which Justices Stevens, Ginsburg, and Breyer joined. Justice Breyer also issued his own separate dissenting opinion. You can access the ruling at this link and the oral argument transcript at this link.

You can access today's Order List at this link.

The Court today granted review in four cases, including the case of media tycoon Conrad Black. I previously linked here to the certiorari filings in that case. The Court also requested the views of the Solicitor General in one case.

In addition, Justice Alito today issued two dissents from orders granting GVRs in light of the Court's ruling last month in Arizona v. Gant. You can access Justice Alito's dissents here and here.

At "SCOTUSblog," Lyle Denniston has posts titled "No case over post-9/11 roundups" and "Court to rule on Sarbanes-Oxley."

And in early news coverage, The Associated Press has reports headlined "Court sends Mueller, Ashcroft lawsuit back"; "Court: Old maternity leave doesn't count"; "Court will review Black's fraud conviction"; "Court to review anti-fraud law"; "High court to rule in Pennsylvania death case"; "Court turns away appeal over Steinbeck copyrights"; "High court won't delay trial of ex-Rep. Jefferson"; "Court refuses to hear medical marijuana challenges"; "Court won't reopen Nazi reparations case"; and "Court allows suit over deadly railroad derailment."
Posted at 10:07 AM by Howard Bashman



"Court candidate Granholm to be at White House": The Associated Press has this report.
Posted at 10:03 AM by Howard Bashman


"Obama's Choice": The New York Times has posted online an essay by H.D.S. Greenway that begins, "With the resignation of U.S. Supreme Court Justice David Souter, Barack Obama is about to make one of the most import appointments any president can make. For picking a justice for the Supreme Court will have more ramifications for the republic than any cabinet secretary or ambassador."
Posted at 08:30 AM by Howard Bashman


"Liberals Fret Over Obama's Compromises": Today's edition of The Wall Street Journal contains an article that begins, "President Barack Obama's decision to maintain Bush-era military commissions is the latest in a series of compromises and delays that allies on the left see as a disappointing shift away from campaign pledges."
Posted at 08:25 AM by Howard Bashman


"Law Students Teach Scalia About Privacy and the Web": This article appears today in The New York Times.
Posted at 08:14 AM by Howard Bashman


"Prosecutors Block Access to DNA Testing for Inmates": The New York Times contains this article today.
Posted at 08:05 AM by Howard Bashman


"Death row's revolving door: Post-trial evidence in Ga. case resonates." This article appears today in USA Today.
Posted at 07:54 AM by Howard Bashman


"The end of civil rights: If we really want to fix inequality, it's time for a new approach." Law professor Richard Thompson Ford had this essay yesterday in the Ideas section of The Boston Globe.
Posted at 07:52 AM by Howard Bashman


"Courts divided on police use of GPS tracking; Two recent, divergent court rulings on warrantless tracking suggest new technologies are straining old privacy standards": The Christian Science Monitor has this report.
Posted at 07:48 AM by Howard Bashman


"Complaint seeks disbarment of Bush lawyers": The Associated Press has a report that begins, "Two outside groups want Bush administration lawyers linked to memos on harsh interrogation techniques of detainees to lose their licenses to practice law."

Bloomberg News reports that "Activists Seek Disbarment of Bush Lawyers Over Interrogations."

And last Friday, The Christian Science Monitor posted online an essay by Bert Brandenburg enttiled "Impeachment is not the answer for Judge Bybee: It's the atomic bomb of American politics."
Posted at 07:45 AM by Howard Bashman



"No More Mr. Nice Guy: The stealth activism of John Roberts." Jeffrey Toobin has this Annals of Law essay in the May 25, 2009 issue of The New Yorker.
Posted at 07:38 AM by Howard Bashman


Sunday, May 17, 2009

"Consumer class-action suits are on trial in California; A far-reaching ruling is expected in a case that could apply limits in 2004's Proposition 64 to ads for cigarettes": Today in The Los Angeles Times, Maura Dolan has an article that begins, "Consumer class-action lawsuits in California, which have encountered mounting skepticism from courts, face a major test in a tobacco case to be decided Monday by the state Supreme Court."

You can view the questions presented in the cases in which the Supreme Court of California will announce rulings tomorrow by clicking here.
Posted at 11:02 PM by Howard Bashman



"Supreme Court Choices You Haven't Heard Of": This audio segment (RealPlayer required) featuring Nina Totenberg appeared on today's broadcast of NPR's "Weekend Edition Sunday."
Posted at 08:50 PM by Howard Bashman


"Republicans in Senate Lower Expectations of a Court Fight": Neil A. Lewis will have this article Monday in The New York Times. Meanwhile, in today's newspaper, Eric Lichtblau has a profile of Solicitor General Elena Kagan headlined "Potential Justice's Appeal May Be Too Bipartisan."

Yesterday in The Wall Street Journal, Jess Bravin had an article headlined "Sessions Favors Judge for High Court."

At CNN.com, Ed Henry reports that "Obama girds for Supreme Court fight."

And The Associated Press reports that "Obama taps aide to guide nominee for Supreme Court" and "GOP looks for justice nominee to rule impartially."
Posted at 08:22 PM by Howard Bashman



Saturday, May 16, 2009

"Two California Latino judges emerge as candidates for Supreme Court": Howard Mintz will have this article Sunday in The San Jose Mercury News.
Posted at 11:18 PM by Howard Bashman


"Justice Dept. won't budge on wiretap document": Bob Egelko has this article today in The San Francisco Chronicle.

And at Wired.com's "Threat Level" blog, David Kravets has a post titled "Obama Dares Judge to Order Release Of NSA Spy Document."
Posted at 11:15 PM by Howard Bashman



"Gay-Marriage Issue Awaits Court Pick; Same-Sex Unions Supplant Abortion As Social Priority for Conservatives": This article will appear Sunday in The Washington Post.

Sunday's edition of The Los Angeles Times will contain an article headlined "Gay advocates have a proposition for Obama; Pressure is building on hot-button issues: same-sex marriage, lobbying for a gay Supreme Court justice and 'don't ask, don't tell.'"

And The Detroit News reports today that "Legal savvy, empathy keep Granholm on Supreme Court short list, experts say."
Posted at 10:54 PM by Howard Bashman



"Appeals Court Sides With Team In Suit Challenging Trademark": Today's edition of The New York Times contains an article that begins, "A federal appeals court yesterday handed the Washington Redskins another victory in their long-running legal dispute with Native American activists over the team's name."

My earlier coverage of yesterday's D.C. Circuit ruling appears at this link.
Posted at 03:17 PM by Howard Bashman



"Possible Court Pick Is Used to Dueling on Bench; Wood, a Contender to Replace Souter, Often Spars With Conservative Colleagues on the 7th Circuit": This article appears today in The Washington Post.

Sunday in The New York Times, Charlie Savage will have an article headlined "Conservatives Map Strategies on Court Fight."

Today in The Chicago Sun-Times, Abdon M. Pallasch has an article headlined "At Notre Dame, Obama has chance to settle some tough issues" that begins, "President Obama could solve a couple thorny issues for himself at once Sunday if, during his speech at the University of Notre Dame, he introduces Notre Dame alum Ann Claire Williams as his choice for the U.S. Supreme Court."

Yesterday's edition of The Daily Princetonian contained an article headlined "In Kagan '81, a Supreme contender."

James Vicini of Reuters reports that "Obama's pick may not shift Supreme Court direction."

Thursday's edition of The Joplin Globe contained an article headlined "McCaskill being mentioned as potential court nominee."

And law.com's Tony Mauro has an article headlined "What Old Sin Will Haunt the Next Supreme Court Nominee? Presumed short-listers are already being picked over, as commentators look for the Achilles' heel on Justice David Souter's possible replacement."
Posted at 02:14 PM by Howard Bashman



"Crimes of Compassion: It's not just liberals who play the empathy card." Doug Kendall and Dahlia Lithwick have this jurisprudence essay online at Slate.
Posted at 01:50 PM by Howard Bashman


"High court heads to busy finish, Souter retirement": Mark Sherman of The Associated Press has this report. The AP also has a list of "Major Supreme Court cases still to be decided."
Posted at 01:45 PM by Howard Bashman


Friday, May 15, 2009

In posts of note from National Journal's "The Ninth Justice" blog: Stuart Taylor Jr. has a post titled "Should Justice Be Driven By 'Empathy'?"

And Jonathan Rauch has a post titled "In Praise Of Leah Ward Sears."
Posted at 04:15 PM by Howard Bashman



"White House: No interviews of court candidates yet." The Associated Press has this report.
Posted at 03:50 PM by Howard Bashman


"Siegelman, Scrushy lose bid for full court review": The Associated Press has a report that begins, "Former Alabama Gov. Don Siegelman and former HealthSouth CEO Richard Scrushy have lost their bid for the full 11th U.S. Circuit Court of Appeals to review their convictions in a government corruption case."
Posted at 02:07 PM by Howard Bashman


"Appellate Oral Argument: The Good, the Bad and the Ugly." Earlier this week, The Legal Intelligencer -- Philadelphia's daily newspaper for lawyers -- published this month's installment of my "Upon Further Review" column.
Posted at 02:00 PM by Howard Bashman


"Leading Supreme Court Advocate Leaves SG's Office": Today at "The BLT: The Blog of Legal Times," Tony Mauro has a post that begins, "Lisa Blatt, who has argued more cases before the Supreme Court than any other woman in active practice, has left the solicitor general's office."
Posted at 01:35 PM by Howard Bashman


"Appeals Court Lets Redskins Keep Name, Trademark": The Washington Post has this news update.

And The Associated Press reports that "Appeals court sides with Redskins on trademark."

My earlier coverage of today's D.C. Circuit ruling appears at this link.
Posted at 01:33 PM by Howard Bashman



"Guantanamo Detainee Released to Join Relatives in France": The Washington Post has a news update that begins, "A Guantanamo Bay detainee who lent his name to a landmark Supreme Court case was released from custody today and flown out of the military base in Cuba to join relatives in France, according to government and diplomatic sources." According to the article, "France agreed this month to accept Lakhdar Boumediene, a 43-year-old Algerian who was arrested with five compatriots in Bosnia in 2001."
Posted at 01:28 PM by Howard Bashman


D.C. Circuit rejects challenge to "direct observation" urine testing required under U.S. Department of Transportation regulations for employees in the aviation, rail, motor carrier, mass transit, maritime and pipeline industries who either fail or refuse to take a drug test: You can access today's ruling of the U.S. Court of Appeals for the D.C. Circuit at this link.
Posted at 12:07 PM by Howard Bashman


"At bottom, this case concerns whether various trademarks related to the Washington Redskins football team disparage Native Americans within the meaning of the Lanham Trademark Act": So begins a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.

But, instead of resolving that question, today's decision seems to be devoted to addressing the question of laches.
Posted at 12:03 PM by Howard Bashman



"Judge Sotomayor's Appellate Opinions in Civil Cases": Tom Goldstein has this lengthy post at "SCOTUSblog."
Posted at 12:02 PM by Howard Bashman


In commentary available online from The New Republic: Gordon Silverstein has an essay entitled "Bench Politics: Why Obama should appoint a politician to the Supreme Court."

And law professor Jeffrey Rosen has an essay entitled "Truth or Dare: Obama wimps out on torture."
Posted at 10:25 AM by Howard Bashman



"Coroner Wecht scores major victory in corruption trial": Jason Cato has this article, in which I am quoted, today in The Pittsburgh Tribune-Review.

And today in The Pittsburgh Post-Gazette, Paula Reed Ward and Sadie Gurman report that "Wecht ruling could end his trial; Prosecution loses key decision on search warrants."

I have posted online at this link yesterday's ruling of the U.S. District Court for the Western District of Pennsylvania.
Posted at 09:10 AM by Howard Bashman



"Obama Planning to Keep Tribunals for Detainees": This article appears today in The New York Times.

The Los Angeles Times reports today that "Obama to renew military tribunals; He had pledged during the presidential campaign to end the controversial trials of terrorism suspects; Human rights groups are outraged."

The Washington Post contains articles headlined "At Hearing, Assurance On Fate of Detainees; Holder Addresses Risks of Release" and "Issue of Guantanamo Detainees Simmers in Va."

In The Wall Street Journal, Jess Bravin and Evan Perez report that "Obama to Revamp Military Panels for Detainees." In addition, columnist Kimberley A. Strassel has an op-ed entitled "Democrats Discover Gitmo's Virtues; Move the detainees? Not to my backyard."

Lara Jakes of The Associated Press reports that "Tribunals to return, detainees to have more rights."

And CNN.com reports that "Obama to resurrect military tribunals for terror suspects."
Posted at 09:04 AM by Howard Bashman



"'Libel tourism' bill passes state Senate": Bob Egelko has this article today in The San Francisco Chronicle.
Posted at 08:54 AM by Howard Bashman


"Gov. Jon Corzine plans to reappoint state Supreme Court Justice Barry Albin": The Newark (N.J.) Star-Ledger has this news update.
Posted at 08:19 AM by Howard Bashman


"On a Supreme Court Prospect's Resume: 'Baseball Savior.'" Today in The New York Times, Neil A. Lewis has an article that begins, "Federal judges are rarely famous or widely celebrated. Yet during a brief period in 1995, Judge Sonia Sotomayor became revered, at least in those cities with major league baseball teams." And Charlie Savage reports that "A Judge's View of Judging Is on the Record." The newspaper has also posted online the text of a lecture by Second Circuit Judge Sonia Sotomayor titled "A Latina Judge's Voice."

From Atlanta, The Associated Press reports that "Scotus prospect draws criticism from gay groups."

And at CNN.com, columnist Ruben Navarrette Jr. has an essay entitled "Obama rebuffs advice on top court."
Posted at 08:15 AM by Howard Bashman



Thursday, May 14, 2009

Divided three-judge Fourth Circuit panel affirms decision that St. Paul insurance company had no duty to defend CACI International against claims alleging torture and abuse at Abu Ghraib and other prisons in Iraq: You can access today's ruling of the U.S. Court of Appeals for the Fourth Circuit at this link.
Posted at 10:11 PM by Howard Bashman


"Chicago's Best Ideas: Martha Nussbaum and Judge Diane Wood, 'Constitutions and Capabilities: A Dialogue about Political Philosophy and the Judge's Role.'" This post appeared a few months ago at "The Faculty Blog" of the University of Chicago Law School.

You can access the video directly by clicking here. Seventh Circuit Judge Diane P. Wood begins her portion of the presentation approximately eleven minutes into the video.
Posted at 08:55 PM by Howard Bashman



"Supreme Court justice makes Chicago acting debut": The "Theater Loop" blog of The Chicago Tribune has a post that begins, "Meet the newest Chicago actor: Supreme Court Justice Stephen Breyer. Breyer will be appearing as the Ghost in 'Hamlet' in Hyde Park on Friday, with an encore presentation slated for Saturday."

In related news, the University of Chicago Law School tomorrow and Saturday is hosting a conference titled "Shakespeare and the Law."
Posted at 08:44 PM by Howard Bashman



"FOX News Poll: Pick Supreme Court Justice Based On Experience." FOX News has this report. You can view the results of the poll by clicking here.

The Hill reports that "Justice Dept. nomination becomes proxy fight for Supreme Court battle."

law.com reports that "Sotomayor Is Pragmatic, Empathetic Lawyers Say."

At "The Ninth Justice" blog of National Journal, Amy Harder has a post titled "Online Rumble A Precursor To Offline Battle."

And Bloomberg News columnist Ann Woolner has an essay entitled "Equal Opportunity Empathizer Sought For High Court."
Posted at 08:40 PM by Howard Bashman



"On Abortion, Obama Is Drawn Into Debate He Had Hoped to Avoid": This article will appear Friday in The New York Times.
Posted at 08:06 PM by Howard Bashman


"Obama to continue military tribunals; He had promised during the presidential campaign to end the controversial trials of terrorism suspects; But the White House plans to make major changes to the system": The Los Angeles Times has this news update.
Posted at 08:02 PM by Howard Bashman


"Wis. high court to review 2006 gay marriage ban": The Associated Press has a report that begins, "The Wisconsin Supreme Court has agreed to decide whether the state's 2006 ban on gay marriage was properly put to voters."
Posted at 06:14 PM by Howard Bashman


"Judge tosses evidence in remaining Wecht corruption charges": Jason Cato of The Pittsburgh Tribune-Review has a news update that begins, "A federal judge today crippled the government's chances of retrying Dr. Cyril H. Wecht on public corruption charges."

And Paula Reed Ward of The Pittsburgh Post-Gazette has a news update headlined "Judge throws out evidence in Wecht case."

I have posted online at this link today's ruling of the U.S. District Court for the Western District of Pennsylvania.
Posted at 05:58 PM by Howard Bashman



"The National Twinkie Defense: Sen. Lindsey Graham doesn't think we need anti-torture laws, just anti-torture niceties." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 04:50 PM by Howard Bashman


"Holder pledges not to release terrorists into US": The Associated Press has a report that begins, "The Obama administration will not jeopardize Americans' safety by releasing dangerous Guantanamo prisoners into their communities, Attorney General Eric Holder promised Thursday."
Posted at 04:35 PM by Howard Bashman


"Questions, answers on picking high court nominee": Mark Sherman of The Associated Press has this report.
Posted at 02:44 PM by Howard Bashman


"At issue is whether the State is required to defend a judge who is alleged to have committed an ethics violation while otherwise within the purview of his or her official duties." The Supreme Court of Washington State today issued its ruling in the case captioned Honorable Richard B. Sanders, as Justice of the Washington Supreme Court, v. State of Washington.

By a vote of 5-4, the court -- consisting entirely of lower court judges sitting by designation after all of the Supreme Court's justices recused themselves -- has ruled that "the State has no duty to defend when a judge knows or should know that the conduct of which he or she is accused is unethical and therefore not an official act."

Today's ruling consists of a majority opinion and two dissenting opinions (here and here).
Posted at 11:44 AM by Howard Bashman



"Senator calls for 'truth commission' to probe Bush-era interrogations; Sheldon Whitehouse says officials apparently used twisted interpretations of the law to justify harsh tactics such as waterboarding; A GOP colleague suggests that Democrats are just playing politics": This article appears today in The Los Angeles Times.

The Providence (R.I.) Journal reports today that "Whitehouse conducts Senate hearing on torture."

The Washington Post reports that "Ex-Official Testifies About Efforts to Halt Harsh Tactics; Partisan Attacks Pepper Senate Hearing."

Gail Russell Chaddock of The Christian Science Monitor reports that "Congress inches toward 'truth commission' for torture probe; Democrats and Republicans are finding little common ground, leading some Senators to say an independent investigator is needed."

The San Francisco Chronicle reports that "Senate testimony sheds light on alleged torture." In addition, Carlos Villarreal and Sharon Adams have an op-ed entitled "State Bar should discipline William J. Haynes," while William T. Coleman Jr. has an op-ed entitled "Case against William J. Haynes unfounded."

McClatchy Newspapers report that "FBI interrogator calls harsh techniques 'ineffective.'"

The Washington Times contains an article headlined "Rice aide: Interrogation methods a mistake; Blames both parties for its use."

Politico.com reports that "Democrats push back on GOP allegations."

And in The Wall Street Journal, Karl Rove has an op-ed entitled "Congress and Waterboarding: Nancy Pelosi was an accomplice to 'torture.'"

You can view yesterday's hearing of the Senate Committee on the Judiciary, Subcommittee on Administrative Oversight and the Courts -- titled "What Went Wrong: Torture and the Office of Legal Counsel in the Bush Administration" -- by clicking here (RealPlayer required) or here (via C-SPAN).
Posted at 08:35 AM by Howard Bashman



"Supreme Court candidate Elena Kagan has admirers left and right; The solicitor general has ties to Obama's legal circle, and conservatives praise her for bridging the ideological divide; Another contender to succeed Souter: California high court Justice Moreno." David G. Savage and James Oliphant have this article today in The Los Angeles Times. The newspaper also contains an editorial entitled "Toward a more civilized Supreme Court nomination process: Four ways to make the Senate confirmation hearings less political and more substantive."

The New York Times reports today that "As Obama Pares Supreme Court List, Secrecy Is a Priority." In addition, Timothy Egan has an online-only essay entitled "Souter's Summits."

The Wall Street Journal contains articles headlined "White House Accelerates Effort to Fill Justice Slot" and "Court Opening Prompts Question About Whether Gender Matters."

And Bill Mears of CNN.com has an article headlined "Sources: High court selection process down to finalists."
Posted at 08:22 AM by Howard Bashman



"Living Left Of Center: Moderate Specter Adjusts to View From Other Side of Aisle." This article appears today in The Washington Post.
Posted at 08:15 AM by Howard Bashman


"Trial Puts Spotlight on Merck": Today's edition of The New York Times contains an article that begins, "Australians have been riveted over the last month by a class-action lawsuit that is pulling back the curtain on strategies that the American drug giant Merck used in its international marketing of the painkiller Vioxx."
Posted at 08:05 AM by Howard Bashman


"Obama Considers Detaining Terror Suspects Indefinitely": Evan Perez has this article today in The Wall Street Journal.
Posted at 07:58 AM by Howard Bashman


"Hawaii high court refuses to reconsider Superferry": The Associated Press has this report.
Posted at 07:45 AM by Howard Bashman


Wednesday, May 13, 2009

"Police Used GPS Illegally, Court Rules": The New York Times today contains an article that begins, "In a 4-to-3 ruling, the New York State Court of Appeals ruled on Tuesday that the State Police violated a criminal suspect's rights under the State Constitution when it placed a GPS tracking device inside the bumper of his van without obtaining a warrant."

The Albany Times-Union reports today that "Court tosses case over GPS tracking; Watervliet man will get a new trial in burglary case in which police tracked him without a warrant."

The Troy Record contains an article headlined "Top court: Troopers crossed line tracking van of W'vliet man."

And Newsday reports that "Court nixes GPS tracking of suspects without warrant."

You can access yesterday's ruling of the Court of Appeals of New York -- that State's highest court -- by clicking here.
Posted at 11:27 PM by Howard Bashman



"US judge declines to give interrogation testimony": The Associated Press has a report that begins, "U.S. Circuit Judge Jay Bybee has declined to give Senate testimony on the memos he approved while at the Justice Department that supported harsh interrogation methods for detainees."
Posted at 11:04 PM by Howard Bashman


"Obama Plans A Weekend Review of Court Picks": Thursday's edition of The Washington Post will contain an article that begins, "President Obama told senators at a White House meeting yesterday that he would review names of potential Supreme Court nominees over the weekend, leading participants to believe an announcement could come within days, according to senior Senate aides who were briefed on the gathering."

And this evening's broadcast of NPR's "All Things Considered" contained audio segments entitled "Women Dominate Supreme Court Short List" (featuring Nina Totenberg) and "How Would Job Ad For Supreme Court Justice Look?" RealPlayer is required to launch these audio segments.
Posted at 11:02 PM by Howard Bashman



"New Restrictions on Club Memberships for Federal Judges": Tony Mauro has this post at "The BLT: The Blog of Legal Times."
Posted at 10:45 PM by Howard Bashman


"Judiciary Committee agrees to investigate judge": The Associated Press has a report that begins, "A House committee has taken the first step toward impeaching a Texas federal judge and stripping him of his salary as he heads to prison for lying about sexually abusing two female employees."

And today in The Houston Chronicle, columnist Rick Casey has an op-ed entitled "Judge Kent film would write itself."
Posted at 10:44 PM by Howard Bashman



"Supreme Court contender mulls mezuzah bias case against condo board": Abdon M. Pallasch of The Chicago Sun-Times has this news update.
Posted at 05:12 PM by Howard Bashman


"Blackmun Had High Praise for Clerk Diane Wood": Tony Mauro has this post at "The BLT: The Blog of Legal Times."
Posted at 04:38 PM by Howard Bashman


"AP source: Obama has more than 6 people for court." The Associated Press has a report that begins, "A source tells The Associated Press that President Barack Obama is considering California Supreme Court Justice Carlos Moreno and more than five other people as nominees for the Supreme Court. An official familiar with Obama's decision-making said others include Solicitor General Elena Kagan, Michigan Gov. Jennifer Granholm, Homeland Security Secretary Janet Napolitano and U.S. Appeals Court judges Sonia Sotomayor and Diane Pamela Wood - people who have been mentioned frequently as potential candidates."
Posted at 03:52 PM by Howard Bashman


"Possible SupCo nominee shows no extra caution": The Associated Press has a report that begins, "Possible Supreme Court nominee Diane P. Wood asked the most questions and showed no extra measure of caution Wednesday as judges on Chicago's federal appeals court plunged into a dispute over alleged housing discrimination."

You can download the audio of today's en banc oral argument of the U.S. Court of Appeals for the Seventh Circuit via this link (11.1MB mp3 audio file).
Posted at 02:44 PM by Howard Bashman



"Appeals panel orders rehearing in Ariz. temple killings": The Associated Press has this report about an order granting rehearing en banc that the U.S. Court of Appeals for the Ninth Circuit issued yesterday.

A three-judge Ninth Circuit panel issued its ruling in the case in November 2008.
Posted at 02:42 PM by Howard Bashman



"Obama Reverses Position on Release of Photos of Detainee Abuse": The Washington Post has this news update.

And The Associated Press reports that "Obama seeks to block release of abuse photos."
Posted at 02:30 PM by Howard Bashman



"A Premium on Secrecy in Vetting of Court Pick": The New York Times has this news update.

And The Associated Press has a report headlined "Senators: Obama Supreme Court pick expected soon."
Posted at 02:27 PM by Howard Bashman



In disagreement with the Fourth Circuit, the Eighth Circuit has ruled today that federal government may lawfully place in indefinite civil commitment "sexually dangerous" persons who have completed serving their federal prison sentences: You can access today's ruling of the U.S. Court of Appeals for the Eighth Circuit at this link.

The Fourth Circuit's ruling to the contrary issued in January 2009. My earlier coverage of the Fourth Circuit's ruling can be accessed here.
Posted at 12:35 PM by Howard Bashman



"Judge Sonia Sotomayor: What the Data Show." Eric Posner has this post at "The Volokh Conspiracy."
Posted at 12:20 PM by Howard Bashman


"Obama Makes Empathy a Requirement for Court": This article appears today in The Washington Post.

And today in The Daily Journal of California, Lawrence Hurley has an article headlined "Obama's 'Empathy' Comment Unites Conservatives; 'Empathy' Remark Rallies Conservative Opposition."
Posted at 12:15 PM by Howard Bashman



"Americans not concerned with diversity on Supreme Court, poll shows; A Gallup poll finds that 64% say it 'doesn't matter' to them if the president appoints a woman and that 68% and 74% do not care whether a Hispanic or black person, respectively, is named": The Los Angeles Times has this news update.

Additional results from the Gallup poll can be accessed in a news release headlined "No Clamor for High Court Appointee to Be Woman, Minority; As in 2005, majority of Americans say gender, race, and ethnicity of appointee don't matter."
Posted at 12:05 PM by Howard Bashman



"Chief Justice Sears to join Chicago law firm; She will be partner in Schiff Hardin firm, teach class at UGA, work with think tank": Bill Rankin of The Atlanta Journal-Constitution has a news update that begins, "Georgia Chief Justice Leah Ward Sears' name has popped up on short lists of possible nominees to the U.S. Supreme Court. But her immediate plans are to join a law firm, teach a law school course and work for a think tank."
Posted at 11:55 AM by Howard Bashman


"Law students help free three-strikes offenders; A Stanford clinic focuses on mostly nonviolent inmates whose third strike they see as relatively minor; Four have had sentences cut; three of them are out; The law's author calls the effort misguided": This article appears today in The Los Angeles Times.
Posted at 11:52 AM by Howard Bashman


"Muhammad's Attorneys in Court in 3rd Death Penalty Appeal": Jerry Markon has this article today in The Washington Post.

And The Richmond Times-Dispatch reports today that "Beltway sniper's lawyer argues incompetence."
Posted at 11:50 AM by Howard Bashman



"Bill Would Let Patients Sue Medical Device Makers": This audio segment (RealPlayer required) appeared on today's broadcast of NPR's "Morning Edition."
Posted at 11:40 AM by Howard Bashman


Op-eds published today in The Washington Post: U.S. Senator Jeff Sessions (R-AL) has an op-ed entitled "The Right Person for the High Court."

And columnist Ruth Marcus has an op-ed entitled "Wanted: Justices From Venus."
Posted at 10:45 AM by Howard Bashman



"Court orders could shut down Gitmo task force, gov't says": Josh Gerstein has this post at his "Under the Radar" blog at Politico.com.
Posted at 10:14 AM by Howard Bashman


"Obama's Day: Consults senators on court nominee." The Associated Press has this report.
Posted at 09:58 AM by Howard Bashman


"Judge Ruben Castillo makes top 10 list of Obama Supreme Court possibilities; President argued case before U.S. district judge in '95": Abdon M. Pallasch has this article today in The Chicago Sun-Times.
Posted at 09:00 AM by Howard Bashman


"Cancer Patients Challenge the Patenting of a Gene": John Schwartz has this article today in The New York Times.

And CNN.com reports that "ACLU sues over patents on breast cancer genes."

Yesterday, the American Civil Liberties Union issued a news release headlined "ACLU Challenges Patents On Breast Cancer Genes; Gene Patents Stifle Patient Access To Medical Care And Critical Research." The organization has posted online both the complaint initiating suit and additional information about the case.
Posted at 08:47 AM by Howard Bashman



"The Supreme Court's Hostility to the Voting Rights Act": Adam Cohen has this "Editorial Observer" essay today in The New York Times.
Posted at 08:40 AM by Howard Bashman


The Daily Princetonian is reporting: Today's newspaper contains articles headlined "Sotomayor '76 the focus of attacks" and "At Princeton, Sotomayor '76 excelled at academics, extracurriculars."
Posted at 08:37 AM by Howard Bashman


"Koh vote goes to Senate": The "Cross Campus" blog of The Yale Daily News has a post that begins, "The Senate Committee on Foreign Relations voted Tuesday to send Harold Hongju Koh's nomination as legal adviser to the Department of State to the full Senate. But in a reflection of the recent debate of Koh's nomination, the vote was split 12-to-5, almost exactly along party lines."
Posted at 08:35 AM by Howard Bashman


"Businesses Encouraged by Regulatory Nominee": The Wall Street Journal today contains an article that begins, "Harvard law professor Cass Sunstein cruised through Tuesday's Senate confirmation hearing on his nomination to be White House regulatory czar, heartening business interests who see him as a potential ally in an administration expected to step up rule making."
Posted at 08:30 AM by Howard Bashman


"Court applies updated law to '94 murder": Today's edition of The Newark (N.J.) Star-Ledger contains an article that begins, "The state Supreme Court ruled yesterday that a murderer whose case was proceeding as New Jersey abolished the death penalty can be sentenced to life without parole, even though the state had no such punishment when he was convicted."

You can access yesterday's 5-2 ruling of the Supreme Court of New Jersey at this link.
Posted at 08:25 AM by Howard Bashman



"Sessions Combative in First Confirmation Hearing": David Ingram had this post yesterday evening at "The BLT: The Blog of Legal Times."
Posted at 08:20 AM by Howard Bashman


"Kent will likely do time in minimum-security; He was sentenced to 33 months for lying to investigators looking into sexual misconduct allegations": This article appears today in The Houston Chronicle.

The Associated Press reports that "House approves inquiry of judge."

And at "The BLT: The Blog of Legal Times," David Ingram has a post titled "Congressmen Propose Impeachment Inquiry for Judge."
Posted at 08:17 AM by Howard Bashman



"Conflict concerns arise for Rhode Island's power couple": This past Sunday's edition of The Providence (R.I.) Journal contained an article that begins, "Summertime finds Robert and Maureen McKenna Goldberg relaxing on their powerboat like any other married couple, cruising off the Rhode Island shore or out to Block Island. But onshore, when he wears a suit and she dons a black robe, they become Rhode Island's ultimate power couple, the influential State House lobbyist and the acting chief justice of the Rhode Island Supreme Court."
Posted at 08:11 AM by Howard Bashman


"Religious freedom at court's door; Dispute over right to hang mezuzah gets rare full hearing": Yesterday's edition of The Chicago Tribune contained an article that begins, "Perhaps because it originated in a conflict between the Book of Deuteronomy and the rules of the Shoreline Towers condominium, a federal appeals court will give a lawsuit over a mezuzah a rare full-court hearing, Wednesday."

And The Associated Press reports that "Possible SupCo nominee in the spotlight at hearing."

My earlier coverage of the Seventh Circuit's original three-judge panel ruling in this case can be accessed here.
Posted at 08:09 AM by Howard Bashman



"US prosecutor admits error, hopes for 2d chance": Today in The Boston Globe, Jonathan Saltzman has an article that begins, "A federal prosecutor acknowledged yesterday that she withheld evidence that could have helped clear a defendant in a gun case but said it was an inadvertent mistake and implored the chief judge of the US District Court in Massachusetts not to impose sanctions that could derail her career."
Posted at 08:02 AM by Howard Bashman


On this date in 1994, "President Bill Clinton nominated federal appeals Judge Stephen G. Breyer to the U.S. Supreme Court to replace retiring Justice Harry A. Blackmun": So reports The Associated Press in today's installment of its popular "Today in History" feature.
Posted at 08:00 AM by Howard Bashman


Tuesday, May 12, 2009

"Officials' Testimony On Interrogations Scrutinized": This audio segment (RealPlayer required) appeared on this evening's broadcast of NPR's "All Things Considered."
Posted at 11:32 PM by Howard Bashman


"Factions lobby over potential Obama court pick": The San Francisco Chronicle has this news update.

The Hill reports that "Clock ticks for nominee."

Politico.com has articles headlined "Robert Gibbs to interest groups: Lobbying for Supreme Court nominees won't help"; "Feinstein pushes two Hispanic judges"; and "New push to bring cameras in Supreme Court."

Canwest News Service reports that "Canadian-born governor shortlisted for U.S. top court justice."

Legal Newsline reports that "Nevada AG mentioned as possible Supreme Court nominee."

The Daily Iowan today contains an article headlined "Who will replace Souter? Locals weigh in."

And at law.com, Cheryl D. Stein has an essay entitled "Strip Search Case Reveals the Need for Another Female Justice."
Posted at 11:17 PM by Howard Bashman



"Prosecutor drops charges; House's family 'on Cloud Nine'": The Knoxville News Sentinel has an update that begins, "A prosecutor today dismissed murder charges against Paul House, 24 years after Union County killing for which he was sentenced to death row."

And Bill Mears of CNN.com reports that "Man who spent 22 years on death row is cleared."
Posted at 11:07 PM by Howard Bashman



"Will Supreme Court Keep Its Front Doors Open?" Tony Mauro has this post at "The BLT: The Blog of Legal Times."
Posted at 06:20 PM by Howard Bashman


The Associated Press is reporting: Now available online are articles headlined "Obama's court pick to be shaped by his experience" and "Breyer: Justices review plans to close main entry."
Posted at 06:14 PM by Howard Bashman


"What Will Kill the Next Supreme Court Nominee? A) abortion, B) gay rights, or C) neither." Emily Bazelon has this jurisprudence essay online at Slate.
Posted at 04:15 PM by Howard Bashman


"Yahoo wins round over nude photos; woman will continue lawsuit": This article appears today in The Oregonian.

My earlier coverage of last week's Ninth Circuit ruling appears at this link.
Posted at 04:05 PM by Howard Bashman



"Court Hears Appeal in D.C. Sniper Case": Jerry Markon of The Washington Post has this news update.

And The Richmond Times-Dispatch has a news update headlined "Sniper's lawyers say he was incompetent at trial."
Posted at 04:02 PM by Howard Bashman



Majority on divided three-judge Ninth Circuit panel rejects Commerce Clause challenge to federal law prohibiting the purchase, ownership, or possession of body armor by violent felons: You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.

The federal statute in question can be viewed at this link.
Posted at 02:37 PM by Howard Bashman



The Associated Press is reporting: Now available online are articles headlined "Charges dropped against former TN death row inmate" and "Court hears appeal by DC sniper mastermind."
Posted at 12:17 PM by Howard Bashman


"[W]e agree with two other circuits that discriminatory surveillance by a retailer is insufficient to establish interference with protected activity under sec. 1981." So holds the majority in a ruling that the en banc U.S. Court of Appeals for the Eighth Circuit issued today in a lawsuit alleging race discrimination at the Dillard's department store in Columbia, Missouri.

Eleven judges participated in today's ruling. Four judges dissented in full and one judge dissented in part. The lead dissenting opinion begins, "I respectfully dissent from the majority's failure to give effect to the legislation enacted by Congress to give African Americans equal rights to contract and to purchase goods as possessed by whites."

Circuit Judge Steven M. Colloton is the author of today's majority opinion. In July 2007, he dissented in part from the original three-judge panel's opinion, which had reinstated most of the plaintiffs' claims. Judge Colloton's opinion from July 2007 began, "The principal question presented on this appeal is whether alleged discriminatory surveillance by a retail merchant, in which members of a particular racial group are watched more closely than others while shopping, constitutes a violation of the rights guaranteed by 42 U.S.C. sec. 1981." The other two judges on the original three-judge panel are among the four judges who dissented in full from today's en banc ruling.
Posted at 12:07 PM by Howard Bashman



"Claims against gunmaker Glock dismissed": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "A federal appeals court dismissed damage claims against gun manufacturers Monday by the victims of a white supremacist's shooting rampage in the San Fernando Valley, saying a 2005 federal law backed by the firearms industry bars such lawsuits. In a 2-1 ruling, the Ninth U.S. Circuit Court of Appeals in San Francisco said Congress had the case in mind when it passed the law. Lawmakers did not violate the rights of victims of the 1999 shootings by limiting their right to sue federally licensed gunmakers and dealers for criminals' actions, the court said."

My earlier coverage of yesterday's Ninth Circuit ruling appears here and here.
Posted at 08:22 AM by Howard Bashman



"Two roads to the Supreme Court: Obama is apparently debating whether to choose a traditional judicial nominee or opt for a 'real world' selection to replace Justice David H. Souter." James Oliphant and David G. Savage have this article today in The Los Angeles Times.

Today in The Washington Post, Robert Barnes and Michael D. Shear report that "Hispanics See Stars Aligned on High Court; For President, Diversity Is One Of Many Factors."

In The New York Times, Neil A. Lewis has a profile of Seventh Circuit Judge Diane P. Wood headlined "Potential Justice Offers a Counterpoint in Chicago."

The Hill reports that "Liberal groups ready to defend court nominee."

In The Boston Globe, Peter S. Canellos has an essay entitled "In replacing Souter, Obama should look beyond courthouse."

And at Politico.com, Keenan Kmiec has an essay entitled "Have you ever been a 'judicial activist'?"
Posted at 08:11 AM by Howard Bashman



"John Demjanjuk is delivered to German prison": The Associated Press has this report.
Posted at 08:00 AM by Howard Bashman


"Battle Plans: How Obama could avoid a Congressional war over "don't ask, don't tell.'" Nathaniel Frank has this essay online today at The New Republic.
Posted at 07:58 AM by Howard Bashman


"Kent sentenced to 33 months behind bars; Congressional impreachment proceedings likely to begin today": Mary Flood has this article today in The Houston Chronicle. The newspaper has also posted online the sentencing statement of Cathy McBroom.

And law.com reports that "Former Federal Judge Sentenced to 33 Months in Prison; Sentencing judge says that Samuel B. Kent will undergo treatment for alcohol abuse in prison."
Posted at 07:55 AM by Howard Bashman



Monday, May 11, 2009

"Court Rules for Former FBI Agent in Misconduct Case": "The BLT: The Blog of Legal Times" has a post that begins, "A former FBI special agent who was removed from his position after the agency learned he videotaped his sexual encounters with three women without their consent won an appellate victory today in the U.S. Court of Appeals for the Federal Circuit."

My earlier coverage of today's Federal Circuit ruling appears at this link.
Posted at 11:05 PM by Howard Bashman



"Yahoo wins round in Oregon nude photo court battle": The Associated Press has this report.

My earlier coverage of last week's Ninth Circuit ruling appears at this link.
Posted at 11:02 PM by Howard Bashman



"Court denies rehearing for killer": The Press-Enterprise of Riverside, California has a news update that begins, "Condemned prisoner Kevin Cooper was denied a rehearing Monday by a federal appellate panel in a 114-page order that bristled with dissents, one of them claiming that 'the state of California may be about to execute an innocent man.'"

And The Associated Press reports that "Calif. death row inmate narrowly loses new hearing."

Eleven judges of the U.S. Court of Appeals for the Ninth Circuit noted their dissent from today's order denying rehearing en banc.
Posted at 10:58 PM by Howard Bashman



"Appeals judges rule against plaintiffs in Jewish community center shootings; Gun makers and dealers aren't liable for misuse of weapons, 9th Circuit panel rules": Carol J. Williams of The Los Angeles Times has this news update.

My earlier coverage of today's Ninth Circuit ruling appears at this link.
Posted at 10:48 PM by Howard Bashman



"Insiders On Obama's Supreme Court Pick": This audio segment (RealPlayer required) appeared on this evening's broadcast of NPR's "All Things Considered."
Posted at 10:30 PM by Howard Bashman


"Is the Conservative Movement Losing Steam?" Seventh Circuit Judge Richard A. Posner has this post at "The Becker-Posner Blog."
Posted at 09:10 PM by Howard Bashman


"Skilling asks Supreme Court to review conviction": Mary Flood of The Houston Chronicle has this news update.

And The Associated Press has a report headlined "Former Enron CEO Skilling appeals to Supreme Court."

You can access the petition for writ of certiorari at this link (via WSJ.com's "Law Blog").
Posted at 09:05 PM by Howard Bashman



"Defending Dawn Johnsen: Republican criticism of Obama's pick to head the Office of Legal Counsel is hypocritical and shouldn't be allowed to derail her confirmation." The Los Angeles Times contains this editorial today.
Posted at 08:50 PM by Howard Bashman


"Securing Lawsuits: The White House should join lawmakers in reforming the state secrets doctrine." This editorial appears today in The Washington Post.
Posted at 08:45 PM by Howard Bashman


"Kent's punishment brings vindication to victim; Court coordinator says she overcame fears to pursue sexual misconduct case against judge": Lise M. Olsen of The Houston Chronicle has this news update.

Texas Lawyer reports that "Former Judge Samuel B. Kent Sentenced to 33 Months in Prison."

And "The BLT: The Blog of Legal Times" has a post titled "House Members Pressure Judge to Step Down."
Posted at 08:40 PM by Howard Bashman



"Plane carrying John Demjanjuk takes off bound for Germany": The Cleveland Plain Dealer has this news update.

And The Associated Press has reports headlined "Suspected Nazi guard Demjanjuk on plane to Germany" and "Demjanjuk's health a key issue for any trial."
Posted at 08:36 PM by Howard Bashman



"Obama Enlists Biden's Expertise About High Court": Michael A. Fletcher has this article today in The Washington Post.

The Associated Press reports that "Obama to talk court nomination with Senate leaders."

CBS News correspondent Bob Schieffer yesterday had an essay about Justice David H. Souter entitled "Don't Let The Court House Door Hit You."

Yesterday in The Philadelphia Inquirer, law professor John Yoo had an op-ed entitled "Obama needs a neutral justice." Kate Michelman had an op-ed entitled "We need to know what high court nominees believe." And Maria Echaveste had an op-ed entitled "A time for boldness, not moderation."

The Concord (N.H.) Monitor yesterday contained an editorial entitled "Thanks to Bush, Sununu and Bork."

And yesterday in The Las Vegas Review-Journal. law professor Tuan Samahon had an op-ed entitled "The president and the high court: Obama's standard for judges is troubling."
Posted at 08:32 PM by Howard Bashman



"When 50 is Too Old: How to get more experienced justices on the Supreme Court." Law professor Richard Primus has this essay online today at The New Republic.
Posted at 08:15 PM by Howard Bashman


"Once More, Without Feeling: The GOP's misguided and confused campaign against judicial empathy." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 08:11 PM by Howard Bashman


"John Demjanjuk taken from his home for trip to Germany": The Cleveland Plain Dealer has this news update.

And The Associated Press reports that "Demjanjuk taken to federal officials by ambulance."
Posted at 04:50 PM by Howard Bashman



"On a Somewhat Colorless Court, Scalia Stands Out": Tuesday in The New York Times, Adam Liptak will have this new installment of his "Sidebar" column.
Posted at 04:45 PM by Howard Bashman


Ninth Circuit rejects constitutional challenge to the Protection of Lawful Commerce in Arms Act, through which the U.S. Congress shielded federally licensed manufacturers and sellers of firearms from civil liability arising from the criminal uses of their products: So holds the majority on a divided three-judge panel in a ruling issued today.

The acts alleged to give rise to the defendants' liability occurred in 1999 or earlier, while the federal law in question was not enacted until the year 2005.
Posted at 03:15 PM by Howard Bashman



"How NOT To Choose A Supreme Court Nominee: The adult industry doesn't need a high court speech censor like Sonia Sotomayor." Mark Kernes has this essay (essay may be accompanied by advertising that's not appropriate for work) online at Adult Video News.
Posted at 02:15 PM by Howard Bashman


"Anonymous dishes on Sotomayor, Wood, Williams..." Michael Doyle of McClatchy's Washington Bureau has this post today at his "Suits & Sentences" blog.
Posted at 01:55 PM by Howard Bashman


"Kent sentenced to 33 months behind bars; Federal judge headed to prison for trying to hinder inquiry into sex offenses": Mary Flood of The Houston Chronicle has this news update.

And The Associated Press reports that "Federal judge in sex case gets nearly 3 years."
Posted at 01:52 PM by Howard Bashman



FBI agent "John Doe" wins Federal Circuit victory in his quest to avoid losing his job for having surreptitiously videotaped his sexual encounters with three different women: You can access today's ruling of the U.S. Court of Appeals for the Federal Circuit at this link.

According to the court's majority opinion:

This aspect of Doe's private life came to be known by the FBI through the actions of Female #1. In October 2002, while Doe was out of town, Female #1 entered his house and found the tapes, each with a videotaped partner's name labeled on it. She contacted Doe and together, with the assistance of a professional counselor, they worked out the problems the tapes revealed about their relationship. Later, she shared her concerns with, and revealed the existence of the tapes to, counselors in the FBI Employee Assistance Program. From that point rumors spread about Doe and female co-workers at the FBI, which were upsetting to Female #1 and Female #2.
Who says Federal Circuit rulings can't teach valuable life lessons?
Posted at 12:20 PM by Howard Bashman


The Associated Press is reporting: Now available online are articles headlined "Appeals court hears Indian trust case";

"Court set to hear appeal by DC sniper mastermind"; and

"Suspected Nazi guard Demjanjuk faces deportation."
Posted at 11:50 AM by Howard Bashman



"18,000 Same-Sex Couples Await Their Fate In Calif." This audio segment (RealPlayer required) appeared on today's broadcast of NPR's "Morning Edition."
Posted at 10:33 AM by Howard Bashman


"Judge will learn his fate today; Federal jurist Kent likely headed to prison for trying to hinder inquiry into sex offenses": Mary Flood has this front page article today in The Houston Chronicle.
Posted at 10:08 AM by Howard Bashman


"Why Obama and the Senate Must Ask Specific Questions of Souter's Replacement": Law professor Vikram David Amar has this essay online at FindLaw.
Posted at 07:58 AM by Howard Bashman


Sunday, May 10, 2009

"Torture allegation probes run political risks": The San Francisco Chronicle contains this article today.

And today in The News & Observer of Raleigh, North Carolina, law professor Joseph E. Kennedy has an op-ed entitled "Protesting the government's misuse of law."
Posted at 10:32 PM by Howard Bashman



"Judge No Longer A Believer In Unfettered Markets": This audio segment (RealPlayer required) featuring Seventh Circuit Judge Richard A. Posner appeared on yesterday's broadcast of NPR's "All Things Considered."
Posted at 10:28 PM by Howard Bashman


"Memos shed light on CIA use of sleep deprivation; Though widely perceived as more effective and less objectionable than other interrogation methods, memos show it's harsher and more controversial than most realize; And it could be brought back": This front page article appears today in The Los Angeles Times.
Posted at 10:04 PM by Howard Bashman


"Military base awaits uncertain future": Carol Rosenberg has this front page article about Guantanamo today in The Miami Herald.
Posted at 09:02 PM by Howard Bashman


Saturday, May 9, 2009

"Scouring Obama's Past for Clues on Judiciary": Charlie Savage will have this article Sunday in The New York Times. In addition, law professor Stephen L. Carter has an op-ed entitled "Let the Nominee Stay Home."

Sunday's edition of The Washington Post will contain articles headlined "In Court Pick, Obama Seeks to Be Bold but Not Provocative" and "Supreme Court Prospect Has Unlikely Ally; Friendship With Thomas May Complicate Chances for Left-Leaning Georgia Judge."

Today in The Chicago Sun-Times, Abdon M. Pallasch reports that "'Mezuzah case' puts judge in spotlight; Wood, touted for top court, seen as hostile to religious issues." My earlier coverage of that Seventh Circuit ruling can be accessed here.

The Pasadena Star-News reports that "Pasadena judge possibly considered for Supreme Court."

Politico.com has a report headlined "McConnell: No 'empathetic' Court pick."

And Sunday in The Boston Globe, columnist Jeff Jacoby will have an op-ed entitled "Lady Justice's blindfold."
Posted at 11:58 PM by Howard Bashman



"Souter's Tribe: Justice's legacy tied to the 72 lawyers who clerked for him." Tony Mauro will have this article Monday in The National Law Journal.

Sunday's edition of The New York Times will contain an article headlined "For Alabama Republican, an Unlikely Role Looms."

Today's edition of The Daily Press of Newport News, Virginia contains an article headlined "Supreme Court vacancy: Black Caucus pushing Va. Rep. Scott."

At The Huffington Post, law professor Geoffrey R. Stone has an essay entitled "The Next Justice: What Obama Wants."

Today in The Wall Street Journal, David Lewis Schaefer has an op-ed entitled "When It Comes to Judges, 'Pragmatic' Means Unprincipled: How the president reasons that disregarding the rule of law can be a virtue."

Online at NationalJournal.com, Stuart Taylor Jr. has an essay entitled "Obama's Ideal Justice: Nominating a crusading liberal activist could seriously jeopardize the president's own best interests." In addition, Kirk Victor has an article headlined "The Borking Of Joe Biden: A bitter battle over a judicial nominee can have long-lasting reverberations; Just ask the Vice President."

Today in The Des Moines Register, law professor Hunter R. Clark has an op-ed entitled "Obama should follow mind, heart in picking justice."

Online at The New Republic, E.J. Dionne, Jr. has an essay entitled "Game On: My hope for a fair--but quite tough--Supreme Court fight."

Yesterday in The Washington Post, Jeanne McManus has an op-ed entitled "My Audition for the Supremes."

Thursday in The Oregonian, columnist Susan Nielsen had an op-ed entitled "Obama's court pick."

And earlier this week, The Concord (N.H.) Monitor published an editorial entitled "Washington didn't change David Souter ."
Posted at 04:45 PM by Howard Bashman



"Fairness in the Torture Probe: Why the Justice Department should embrace disclosure in its investigation of Bush administration legal advice." The Washington Post contains this editorial today.
Posted at 04:30 PM by Howard Bashman


"Obama Set to Revive Military Commissions; Changes Would Boost Detainee Rights": This article appears today in The Washington Post.
Posted at 04:12 PM by Howard Bashman


Friday, May 8, 2009

"Who Will Succeed Justice Souter?" This audio segment (RealPlayer required) featuring Nina Totenberg appeared on this evening's broadcast of NPR's "All Things Considered."

Today in The Daily Journal of California, Lawrence Hurley reports that "Gender May Beat Ethnicity In Justice Pick; Obama Likely to Pick Woman for Supreme Court." Also in today's newspaper, Laura Ernde has an article headlined "Hispanics Push Moreno for U.S. Supreme Court."

Tom Curry, national affairs writer for MSNBC, reports that "Practical politico, and woman, sought for court; Democrats seek 'real-life experience' as pressure grows for a female justice."

The Hill reports that "Lawmakers press for second black Justice."

The New York Times today contains an editorial entitled "Choosing a New Justice."

In The Washington Times, Wesley Pruden has an op-ed entitled "Borking machine gets early tuneup." In addition, Suzanne Fields has an op-ed entitled "Souter, Specter and a soft shoe: A vaudeville act that will little impact the passing scene."

And at CQ Politics, Madison Powers has an essay entitled "Choosing a Justice Who Cares Enough to Notice."
Posted at 10:40 PM by Howard Bashman



"Canada appeals ruling on Guantanamo detainee": The Associated Press has this report.

And online at Slate, Christopher Beam has an essay entitled "Escape From Guantanamo: Shouldn't Republicans want terrorists dumped into the abusive U.S. prison system?"
Posted at 09:10 PM by Howard Bashman



"The YouTube Confirmation: What Supreme Court shortlisters are saying when they think nobody is listening." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 08:57 PM by Howard Bashman


"Chemical Company Is Acquitted in Asbestos Case": The New York Times has this news update.

The Associated Press reports that "Jury acquits Grace Co., executives in asbestos case; Montana residents had blamed asbestos for 225 deaths and 2,000 illnesses."

Reuters reports that "W.R. Grace acquitted in Montana asbestos case."

And Bloomberg News reports that "W.R. Grace Found Not Guilty in Montana Asbestos Trial."
Posted at 04:27 PM by Howard Bashman



"White House: No Supreme Court nominee next week." The Associated Press has this report.
Posted at 04:22 PM by Howard Bashman


"US Justice Alito addresses Juneau on hot-button issues; Associate Justice of the U.S. Supreme Court spoke Thursday in Juneau": Today's edition of The Juneau Empire contains an article that begins, "Alaska has had a disproportionate presence on the docket of the U.S. Supreme Court recently, including punitive damages in the Exxon Valdez oil spill and Juneau's Bong Hits 4 Jesus cases. Three more are awaiting decisions now, Samuel Alito, an associate justice on the court, told the Alaska Bar Association Thursday in Juneau."
Posted at 02:25 PM by Howard Bashman


Available online from The New Republic: Law professor Jeffrey Rosen has an essay entitled "More Sotomayor: Jeffrey Rosen Responds To His Critics."

Elizabeth Goitein has an essay entitled "So Many Secrets: Will Obama change his heart on a key rule-of-law issue?"

And law professor David Fontana has an essay entitled "A New Kind of Adviser: The good news and the bad news about Harold Koh, one of Obama's most important nominees."
Posted at 10:32 AM by Howard Bashman



"Lawmaker Defends Imprisoning Hostile Bloggers": David Kravets has this post at Wired.com's "Threat Level" blog in which he responds to this.
Posted at 10:24 AM by Howard Bashman


"Bids to Push States' Rights Falter in Face of Stimulus": This article appears today in The New York Times.
Posted at 08:20 AM by Howard Bashman


"Pelosi Was Told of Interrogation Techniques, Congress Log Shows": James Rowley of Bloomberg News has this report.

The Wall Street Journal reports today that "CIA Says It Briefed Congressional Leaders."

The Boston Globe reports today that "Psychologists' e-mails stir interrogation issue; Critics urge inquiry on ethics question."

And Reuters reports that "Holder cautious on U.S. interrogations probes."
Posted at 08:00 AM by Howard Bashman



Thursday, May 7, 2009

"Lopsided Fight Over High Court Shapes Up; Conservatives Prepare For Underdog Role": Friday's edition of The Washington Post will contain this article.
Posted at 11:35 PM by Howard Bashman


"Lawmakers Balk at Holding Guantanamo Detainees in U.S." This article will appear Friday in The Washington Post.

And McClatchy Newspapers report that "GOP ratchets up debate over release of Gitmo detainees."
Posted at 11:24 PM by Howard Bashman



"White House Formalizes Supreme Court Short List": ABC News correspondent Jan Crawford Greenburg has this post at her "Legalities" blog.
Posted at 09:02 PM by Howard Bashman


"Supreme Court denies Demjanjuk's deportation plea": The Associated Press has this report.
Posted at 04:00 PM by Howard Bashman


"This case stems from a dangerous, cruel, and highly indecent use of the internet for the apparent purpose of revenge." So writes Circuit Judge Diarmuid F. O'Scannlain, on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit, in a ruling issued today in the case known as Barnes v. Yahoo!, Inc.

According to today's decision, the plaintiff's lawsuit (access the plaintiff's complaint initiating suit at this link) alleged that her former boyfriend created a Yahoo! account through which the plaintiff herself appeared to be soliciting men with whom to have sexual relations and that the Yahoo! account "also included the addresses, real and electronic, and telephone number at [plaintiff's] place of employment." Thereafter, men whom the plaintiff did not know "were peppering her office with emails, phone calls, and personal visits, all in the expectation of sex."

The trial court in November 2005 had issued a decision dismissing all of plaintiff's claims, holding that Yahoo! was immune from liability under the Communications Decency Act of 1996 even though plaintiff had alleged that Yahoo! "undertook to remove from its website material harmful to the plaintiff but failed to do so."

Today's ruling holds that plaintiff's complaint can be understood to allege a claim for promissory estoppel and that the Communications Decency Act would not necessarily preclude that claim.

Additional coverage of the trial court's ruling in this case can be accessed via Citizen Media Law Project, "Internet Library of Law and Court Decisions," and law professor Eric Goldman's "Technology & Marketing Law Blog."
Posted at 03:33 PM by Howard Bashman



In today's mail: A copy of the new book "A Good Quarrel: America's Top Legal Reporters Share Stories from Inside the Supreme Court," edited by Timothy R. Johnson and Jerry Goldman. Audio clips featured in the book can be accessed via this link.
Posted at 03:14 PM by Howard Bashman


"To Replace Low-Key Souter, Obama May Go Bolder": Adam Liptak will have this article Friday in The New York Times.

The Economist has posted online an article headlined "Following Souter: Barack Obama has a chance to rejuvenate the Supreme Court's liberal wing."

Politico.com has articles headlined "Sessions open minded on gay justice" and "Hatch: Sotomayor has 'a problem.'"

NationalJournal.com has an item headlined "Sessions Says He's Looking For Judicial Restraint; New Ranking Member On Senate Judiciary Panel Describes What He's Seeking In A Supreme Court Nominee."

And The Nation has posted online an editorial entitled "Following Souter."
Posted at 03:03 PM by Howard Bashman



"Supreme Court Justice Alito visits Juneau": This article appears today in The Juneau Empire.
Posted at 02:30 PM by Howard Bashman


"The Case for Empathy: Why a much-maligned value is a crucial qualification for the Supreme Court." Law professor Douglas W. Kmiec has this essay at the web site of America, the national Catholic weekly.
Posted at 02:27 PM by Howard Bashman


"N.J. bars can't be liable for drunk drivers if they didn't serve them alcohol, top court rules": The Newark (N.J.) Star-Ledger has a news update that begins, "New Jersey bar owners can't be sued for allowing customers to drive away drunk -- if they weren't the ones who served them alcohol -- the state Supreme Court unanimously ruled today."

You can access today's ruling of the Supreme Court of New Jersey at this link.
Posted at 02:22 PM by Howard Bashman



"N.J. Supreme Court invalidates restrictions on where sex offenders can live": The Newark (N.J.) Star-Ledger has a news update that begins, "Towns can't make their own laws to decide where sex offenders can live within their borders because Megan's Law already makes that call, the state Supreme Court said today."

The Philadelphia Inquirer has a news update headlined "N.J. high court strikes down sex offender residency restrictions."

And The Associated Press reports that "NJ court strikes down sex offender residency limit."

You can access today's ruling of the Supreme Court of New Jersey at this link.
Posted at 02:20 PM by Howard Bashman



"Judge takes step to air his views; UNLV fellow, Bush memo author seeks to meet Titus": Today's edition of The Las Vegas Sun contains an article that begins, "As criticism of federal appellate court Judge Jay Bybee mounts for authorizing harsh interrogation techniques as a Bush administration lawyer, the Nevada jurist has reached out to members of the state's congressional delegation, apparently to tell his side of the story."

The Washington Post today contains an article headlined "Experts Say Authors Of Memos May Avoid Professional Sanctions."

The Associated Press reports that "Bush attorneys who wrote terror memo face backlash."

The Daily Universe of Brigham Young University reports that "BYU alum ensnared in torture controversy."

The New York Times contains an editorial entitled "The Torture Debate: The Lawyers."

The New York Daily News contains an editorial entitled "Case closed: Justice Department should bar prosecutions over Bush torture memos."

And at her "Legalities" blog, ABC News correspondent Jan Crawford Greenburg has a post titled "Tortured Timing."
Posted at 11:10 AM by Howard Bashman



"A Deep Bench": Today in The New York Times, Senior U.S. District Judge Ann Aldrich (N.D. Ohio), along with her judicial law clerks, Alex Frondorf and Richard J. Hawkins, have an op-ed that begins, "To succeed Justice David Souter on the Supreme Court, President Obama should select a nominee with experience that no other sitting justice has -- service as a trial judge on a federal district court."
Posted at 10:55 AM by Howard Bashman


"Supreme Court vetting moving quickly": Bill Mears of CNN.com has this report. That web site also has an essay by law professor Timothy P. O'Neill entitled "Enough Ivy League judges on top court."

Bloomberg News reports that "Obama Court Decision Shaped by Years, Wife's Advice."

The Pioneer Press of St. Paul, Minnesota contains an article headlined "Klobuchar for Supreme Court? Thanks, but ...; 'Minnesota deserves at least one senator,' she says of the speculation."

The Des Moines Register reports today that "Grassley says Obama's high court pick could face rough road."

The Mobile (Ala.) Press-Register today contains an editorial entitled "Sessions will probe Obama's nominees."

Online at The Guardian (UK), law professor Jack Balkin has an essay entitled "Supreme court justices have it too good: Life on the US supreme court has become too comfortable; Judges should hear more cases and be replaced regularly."

At "The Daily Beast," law professor Paul Campos has an essay entitled "Fat Judges Need Not Apply" (via "Too Fat for the Supreme Court?" at "Latina").
Posted at 08:47 AM by Howard Bashman



"Patrick to appeal ruling on police, firefighter exams; Fights suit saying tests are biased": Today in The Boston Globe, Jonathan Saltzman has an article that begins, "Governor Deval Patrick, who once headed the Civil Rights Division of the US Justice Department, plans to appeal a federal court ruling that allows minority police officers to pursue a civil rights lawsuit challenging the state's promotional exam."
Posted at 08:32 AM by Howard Bashman


"Is Guantanamo Republicans' winning issue?" Alex Isenstadt has this article online at Politico.com.
Posted at 08:20 AM by Howard Bashman


In the April 2009 issue of the Stanford Law Review: Rachel C. Lee has an interesting note titled "Ex Parte Blogging: The Legal Ethics of Supreme Court Advocacy in the Internet Era."
Posted at 08:02 AM by Howard Bashman


Wednesday, May 6, 2009

"Supreme Court watchers eye Sonia Sotomayor; The court will gain another woman and its first Latino if she's appointed; But Obama has yet to suggest that the choice must be a specific gender or minority": James Oliphant and David G. Savage will have this article Thursday in The Los Angeles Times. Today in that newspaper, columnist Tim Rutten has an op-ed entitled "Obama should look far and wide for his Supreme Court nominee; Some of the best jurists of the last century weren't veterans of the federal judiciary -- a couple weren't even sitting judges."

This evening's broadcast of NPR's "All Things Considered" contained an audio segment entitled "For Sen. Jeff Sessions, Appointment Is Vindication" (RealPlayer required).

Thursday's edition of The Wall Street Journal will contain an op-ed by Karl Rove entitled "Republicans and Obama's Court Nominees: Senators can use the hearings to talk about judicial restraint."

Today in The Washington Post, columnist Ruth Marcus has an op-ed entitled "Behind Justice's Blindfold."

And in Thursday's edition of The Providence (R.I.) Journal, columnist Edward Fitzpatrick will have an op-ed entitled "As always, Souter makes his own path."
Posted at 11:00 PM by Howard Bashman



"Guantanamo Bay Shows Little Sign Of Closing": This audio segment (RealPlayer required) appeared on today's broadcast of NPR's "Morning Edition."
Posted at 10:33 PM by Howard Bashman


"N.Y. Federal Judge Likely on Shortlist; Backers Say She Meets Obama Requisites": Thursday's edition of The Washington Post will contain an article that begins, "George M. Pavia remembers being instantly impressed with the young woman he hired for his law firm in 1984. Sonia Sotomayor had graduated summa cum laude at Princeton, edited the Yale Law Journal in law school and had courtroom experience in the Manhattan prosecutor's office."
Posted at 08:54 PM by Howard Bashman


"Dismissal of Guilty Pleas Is Sought for Immigrants": The New York Times today contains an article that begins, "The immigration lawyers' national bar association called on the Justice Department on Tuesday to consider dismissing the guilty pleas of nearly 300 illegal immigrant workers arrested in a meatpacking plant raid in Iowa last year, one day after the Supreme Court rejected a statute that prosecutors used to pressure them."

That newspaper also contains a related editorial entitled "Making the Punishment Fit the Crime."
Posted at 08:47 PM by Howard Bashman



"Scalia: Judges' decisions should set general rules." This article appears today in The Times-Picayune of New Orleans.
Posted at 08:00 PM by Howard Bashman


"Document: Judge sets May 27 war court hearing." Carol Rosenberg of The Miami Herald has a news update that begins, "The chief judge for the Pentagon's military commissions has scheduled the next war court hearing at Guantánamo Bay for late May, according to a document obtained by The Miami Herald."
Posted at 07:52 PM by Howard Bashman


"For Specter and the Democrats, it was a brief honeymoon; The Pennsylvania senator has been stripped of his seniority, at least until 2011, and he hasn't exactly voted in lock step with Democrats": Gail Russell Chaddock of The Christian Science Monitor has this report.

And CNN.com has a report headlined "Specter: Democratic leader promised me seniority."
Posted at 07:50 PM by Howard Bashman



"Specter plays down loss of committee seniority": The Associated Press has this report.

Politico.com has a report headlined "Meltdown: Specter stands alone."

And at "The BLT: The Blog of Legal Times," David Ingram has a post titled "Leahy Says He Didn't Know About Specter Demotion."
Posted at 05:40 PM by Howard Bashman



"Demjanjuk asks deportation delay": Lyle Denniston has this post at "SCOTUSblog."

And The Associated Press has a report headlined "Demjanjuk asks high court: Stop German deportation."
Posted at 05:30 PM by Howard Bashman



"Justice O'Connor's Salute to Souter": Tony Mauro has this post at "The BLT: The Blog of Legal Times."
Posted at 05:22 PM by Howard Bashman


"Morning Joe airs Letterman skit ridiculing Sotomayor, Latinos": Click here to view the video clip, via Media Matters for America.
Posted at 04:20 PM by Howard Bashman


"Top Republican inclined against Scotus filibuster": The Associated Press has a report that begins, "The top Republican on the Senate Judiciary Committee says he's inclined against using a filibuster to block President Barack Obama's nominee to succeed retiring Supreme Court Justice David Souter."
Posted at 03:14 PM by Howard Bashman


The Associated Press is reporting: Now available online are articles headlined "Berlin court rejects Demjanjuk appeal" and "Demjanjuk to ask Supreme Court to stop deportation."
Posted at 10:37 AM by Howard Bashman


"Prison Awaiting Hostile Bloggers": At Wired.com's "Threat Level" blog, David Kravets has a post that begins, "Proposed congressional legislation would demand up to two years in prison for those whose electronic speech is meant to 'coerce, intimidate, harass, or cause substantial emotional distress to a person.'"
Posted at 10:32 AM by Howard Bashman


"Ginsburg: The court needs another woman; Panel's lack of diversity wears on female justice." Joan Biskupic has this front page article today in USA Today.
Posted at 10:30 AM by Howard Bashman


"Small, Seasoned Group Helps Obama Manage Supreme Court Selection": The Washington Post contains this article today. In addition, columnist Ruth Marcus has an op-ed entitled "Behind Justice's Blindfold."

Today in The Los Angeles Times, David G. Savage reports that "Justice Souter reflects on service; Days after news of his pending retirement from the Supreme Court is leaked, he speaks with emotion as he likens his work as a judge to craftsmanship."

Joan Biskupic of USA Today has an article headlined "Souter emotional, wry in 'a sort of farewell.'"

The Philadelphia Inquirer reports that "Justice Souter says goodbye to colleagues."

And today in The New York Daily News, columnist Dolores Prida has an essay entitled "Here comes 'La Jueza.'"
Posted at 08:27 AM by Howard Bashman



"National Mock Trial Competition Encounters a Real Legal Challenge": This article appears today in The New York Times.
Posted at 08:20 AM by Howard Bashman


"U. law professor resigns from federal appeals court; He is leaving to teach at Stanford Law School": Today in The Salt Lake Tribune, Pamela Manson has an article that begins, "Judge Michael W. McConnell's resignation from the 10th U.S. Circuit Court of Appeals on Tuesday was a surprise to many, but his love of teaching is not."

The Deseret News reports today that "Utah judge leaving for Stanford post."

And The Tulsa World reports that "McConnell to resign from Tenth Circuit court."

Additional coverage appears in this post from last night.
Posted at 07:45 AM by Howard Bashman



Tuesday, May 5, 2009

Available online from law.com: Marcia Coyle has an article headlined "A Not-So-Quiet Legacy for the 'Stealth Justice': Souter made his mark in 1992 as one of three Republican appointees who upheld abortion rights."

And Shannon P. Duffy has an article headlined "Amid Some Tears, Souter Bids Adieu to 3rd Circuit; Throughout his high court tenure, Souter has served as the 'circuit justice' for the 3rd Circuit, handling emergency motions from the appeals court."
Posted at 11:50 PM by Howard Bashman



"Justices Limit Liability Over Toxic Spill Cases": Adam Liptak has this article today in The New York Times.

And Michael Doyle of McClatchy Newspapers reports that "Supreme Court lets Shell off the hook in pollution cleanup."
Posted at 11:38 PM by Howard Bashman



"Justices Limit Use of Identity Theft Law in Immigration Cases": Adam Liptak and Julia Preston have this article today in The New York Times.

And on yesterday evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment entitled "High Court Rules For Immigrant In ID Theft Case" (RealPlayer required).
Posted at 11:35 PM by Howard Bashman



"An Unnatural Woman: The secret life of a Supreme Court short-lister." Dahlia Lithwick and Hanna Rosin have this jurisprudence essay online at Slate.
Posted at 11:28 PM by Howard Bashman


"Justices Agree to Take Up Sentencing for Young Offenders": Adam Liptak has this article today in The New York Times.

Today in The Washington Post, Robert Barnes reports that "High Court to Look at Life Sentences for Juveniles."

Warren Richey of The Christian Science Monitor has an article headlined "Life in prison for criminal teens? Supreme Court to decide; Two Florida teens were given life sentences without parole for nonlethal crimes; The top court will consider if the punishments are constitutional."

And at "SCOTUSblog," Lyle Denniston has a post titled "Why two juvenile sentence cases?"
Posted at 11:25 PM by Howard Bashman



McClatchy Newspapers are reporting: Michael Doyle has an article headlined "Obama's challenge: Selecting a truly diverse justice."

And David Lightman reports that "Sessions, once spurned for bench, to grill Obama's pick."
Posted at 10:50 PM by Howard Bashman



"On the Brilliance of People like Judge Sonia Sotomayor and Barack Obama": Rob Kar has this post at "PrawfsBlawg."
Posted at 10:45 PM by Howard Bashman


"Begich recommends Alaska judge get consideration for U.S. Supreme Court": The Associated Press has a report that begins, "U.S. Sen. Mark Begich has recommended the chief justice of the Alaska Supreme Court be considered to succeed Justice David Souter on the nation's highest court."
Posted at 10:30 PM by Howard Bashman


"Senate Democrats Deny Specter Committee Seniority": Paul Kane of The Washington Post has this blog post.

And The New York Times has a blog post titled "The Keystone State's Most Junior-Senior Senator."
Posted at 10:27 PM by Howard Bashman



"Circuit Court Judge and Constitutional Law Scholar Michael W. McConnell Joins Stanford Law School Faculty": Stanford Law School late today issued a news release that begins, "Stanford Law School today announced the appointment of Michael W. McConnell, a federal judge on the United States Court of Appeals for the Tenth Circuit and well-known constitutional law scholar, as Richard and Frances Mallery Professor of Law. McConnell will step down from his role on the bench to rejoin the legal academy and direct the Stanford Constitutional Law Center."

And the U.S. Court of Appeals for the Tenth Circuit has posted at its web site a document described as "McConnell Resignation Media Release" consisting of a news release and the judge's letter of resignation to President Obama. You can access Judge McConnell's Federal Judicial Center biography at this link.

In early coverage, The Salt Lake Tribune has a news update headlined "U. law professor resigns from federal appeals court."

And at "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "Judge Michael McConnell Leaving the Bench."
Posted at 09:24 PM by Howard Bashman



"Scalise urges quick action on Porteous impeachment probe": Bruce Alpert of The Times-Picayune of New Orleans has this report.

And at "The BLT: The Blog of Legal Times," David Ingram has a post titled "Louisiana Congressman Wants Swift Inquiry of Judge."
Posted at 05:30 PM by Howard Bashman



"Charges Seen as Unlikely for Lawyers Over Interrogations": The New York Times has a news update that begins, "An internal Justice Department inquiry into the conduct of Bush administration lawyers who wrote secret memorandums authorizing brutal interrogations has concluded that the authors committed serious lapses of judgment but should not be criminally prosecuted, according to government officials briefed on a draft of the findings."
Posted at 05:09 PM by Howard Bashman


"Souter Bids a Fond Farewell": Robert Barnes of The Washington Post has this blog post.
Posted at 05:04 PM by Howard Bashman


"Stocks could pose conflicts for court prospects": In this article, The Associated Press examines the stock holdings of various potential U.S. Supreme Court nominees.
Posted at 04:52 PM by Howard Bashman


"Supreme Court Justice gives keynote address at La. Bar Association conference": The Associated Press has a report that begins, "No stranger to sharply worded dissenting opinions, U.S. Supreme Court Justice Antonin Scalia says he has never sided with the court's majority for the sake of collegiality or to avoid making a 'spectacle' of himself."
Posted at 04:48 PM by Howard Bashman


"Souter bids fond farewell to his judges": Mark Sherman of The Associated Press has a report that begins, "An emotional Supreme Court Justice David Souter bid a fond farewell Tuesday to judges and lawyers he has worked with for nearly two decades."
Posted at 03:40 PM by Howard Bashman


What's up with "SCOTUSblog"? "SCOTUSblog" has been off-line thus far today, and some readers have emailed me asking if I could put up a post addressing that situation. I emailed Tom Goldstein, who advises that "our blog host crashed yesterday, and they say it will be back up this afternoon." So stay tuned for the promised return of "SCOTUSblog" sometime later today.
Posted at 02:59 PM by Howard Bashman


"White House: No Supreme Court nominee this week." The Associated Press has this report, along with an article headlined "Reid: No filibuster expected on Obama Supco choice."

And at "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "Souter's Timing: Was it Age or Politics?"
Posted at 02:54 PM by Howard Bashman



"Former Bush Officials Work to Soften Report on Interrogations": The Washington Post has a news update that begins, "Former Bush administration officials are launching a behind-the-scenes lobbying campaign to urge Justice Department leaders to soften an ethics report criticizing lawyers who blessed harsh detainee interrogation tactics, according to two sources familiar with the efforts."
Posted at 02:50 PM by Howard Bashman


"Hatch Says Obama Told Him He Won't Pick 'Extremist' for Court": James Rowley and Brian Faler of Bloomberg News have this report.

The Associated Press reports that "Reid hopes Obama makes unconventional Supco choice."

At Politico.com, Josh Gerstein reports that "Groups push for first gay Supreme Court justice." And Manu Raju and Jonathan Martin have an article headlined "Orrin Hatch: White House may announce Supreme Court nominee this week."

At CQ Politics, Keith Perine and Seth Stern have an article headlined "Obama Urged to Look Beyond Federal Appeals Courts in Replacing Souter."

Today's edition of The Minneapolis Star Tribune reports that "A Sen. Franken could sway court pick."

The Macon Telegraph reports today that "Erick Erickson sends vulgar message about Souter."

In The Boston Globe, columnist Derrick Z. Jackson has an op-ed entitled "I was wrong about Justice Souter."

In The Philadelphia Inquirer, law professor Lisa T. McElroy has an op-ed entitled "In going his own way, Souter expanded rights; He should be replaced by another independent judge."

At National Journal's "Hotline on Call" blog, Jennifer Skalka has a post titled "A Note From Souter."

And online at The Atlantic Monthly, Jeannette Lee has a blog post titled "Justice Souter's Dream."
Posted at 11:12 AM by Howard Bashman



"Democrats Seek More Interrogation Documents": The Washington Post contains this article today.

CNN.com reports that "Deadline for Bush lawyers to respond to probe passes."

At "TPMMuckraker," Zachary Roth has a post titled "Congress Seeking Zelikow's 'Alternative' Torture Memo."

And at The Huffington Post, Nan Aron has an essay entitled "Should Torture Memo Author Be Accountable?"
Posted at 11:04 AM by Howard Bashman



"G.O.P. Picks Conservative for Senate Judiciary Post": This article appears today in The New York Times.

Today in The Chicago Tribune, James Oliphant has an article headlined "GOP on Judiciary Committe: Conservative Sessions to replace moderate Specter as Republican leader on panel."

The Des Moines Register reports that "Plan shuffles Grassley's roles on committees."

The Associated Press reports that "Conservative to lead GOP fight on court nomination."

CQ Politics reports that "Sessions Brings Conservative Cred to Top Judiciary Slot."

Politico.com reports that "Sessions to replace Specter on Judiciary."

And The Hill reports that "Deal struck on Judiciary" and "Sessions seeks fair treatment of court pick."
Posted at 08:25 AM by Howard Bashman



"Chief Justice Roberts Addresses 3rd Circuit Judicial Conference": At "The Legal Intelligencer Blog," Shannon P. Duffy has a post that begins, "As lawyers and their spouses streamed out of the Hyatt Regency grand ballroom on Monday night, the overheard on-the-spot reviews of the keynote speech by Chief Justice John G. Roberts Jr. were decidedly mixed."
Posted at 08:17 AM by Howard Bashman


"The court and New Haven firefighters: The Supreme Court is weighing a case involving diversity; a narrow reading of the law is probably best." The Los Angeles Times contains this editorial today.
Posted at 08:14 AM by Howard Bashman


Monday, May 4, 2009

"Souter's Successor Will Likely Be A Woman": This audio segment (RealPlayer required) featuring Dahlia Lithwick appeared on today's broadcast of NPR's "Talk of the Nation."
Posted at 10:52 PM by Howard Bashman


"Sessions Takes Specter's Judiciary Post; Senator Will Lead GOP's Scrutiny Of Next Justice": This article will appear Tuesday in The Washington Post.

And The Birmingham News has an update headlined "Deal struck to make Sen. Jeff Sessions ranking Republican on Senate Judiciary Committee."
Posted at 10:45 PM by Howard Bashman



"Future Dangerousness: The tricky sex offender case that could trip up one of the judges on the short list to replace Souter." Emily Bazelon has this jurisprudence essay online at Slate.
Posted at 10:14 PM by Howard Bashman


Tony Mauro is reporting at "The BLT: The Blog of Legal Times." This afternoon, he has posts titled "No Retirement Press Conference for Souter" and "SG Kagan Pays Tribute to Justice Souter."

The first of those two posts concludes, "When he joined the Court in 1990, Souter attended the traditional press room reception that the Supreme Court press corps has held for incoming justices. As the event wound down, Souter turned to the journalists as he was about to leave and said (paraphrasing here,) 'This was fun. Let's do it again when I retire.'" Apparently he was just kidding.
Posted at 03:32 PM by Howard Bashman



"The Next Justice: No More Mr. White Guys." Christopher Eisgruber has this essay online at NPR.org.
Posted at 03:00 PM by Howard Bashman


Is Second Circuit Judge Sonia Sotomayor particularly annoying at oral argument? Law professor Jeffrey Rosen suggests the answer may be "yes" in this essay posted online today at The New Republic.

You can hear her in action at oral argument via C-SPAN by clicking here. My recollection is that at some point during this en banc oral argument, at least one and perhaps several of Judge Sotomayor's colleagues seem to lose patience with her questioning and interruptions of their lines of questioning, although the amount of aggravation that Judge Sotomayor was causing was probably increased by the fact that she was participating in the oral argument from a remote location via videoconference.

At the "Concurring Opinions" blog, Gerard Magliocca has a post titled "The Case for Sotomayor" responding to Rosen's essay.
Posted at 02:57 PM by Howard Bashman



One appellate geek's reaction to news of Justice David H. Souter's impending retirement: "The First Circuit and the Third Circuit will each need a new Circuit Justice." The current assignment list can be accessed here.

My guess is that Justice Stephen G. Breyer, who was serving as the First Circuit's chief judge when he was nominated to the U.S. Supreme Court, will become Circuit Justice for the First Circuit.

I also am guessing that Justice Samuel A. Alito, Jr., who was next in line to serve as the Third Circuit's chief judge when he was nominated to the U.S. Supreme Court, will become Circuit Justice for the Third Circuit.

Whether Justice Souter's replacement will thus get to serve as Circuit Justice for both the Eighth and Tenth Circuits remains to be seen.
Posted at 02:30 PM by Howard Bashman



David G. Savage of The Los Angeles Times is reporting: He has news updates headlined "Supreme Court rules against government in immigration identity-theft case; In a 9-0 decision, the justices say the crime is limited to those who knew they had stolen another person's Social Security number; The decision limits efforts to prosecute illegal workers" and

"Supreme Court: Take another look at Janet Jackson wardrobe malfunction; The high court sets aside an appeals court ruling. So, CBS may once again face a $550,000 fine for the flash image of the singer's breast during the 2004 Super Bowl."
Posted at 02:25 PM by Howard Bashman



Greg Stohr of Bloomberg News is reporting: He has articles headlined "Life Sentences on Youths Draw U.S. High Court Review"; "Companies Win at U.S. Supreme Court on Cleanup Costs"; "Court Told to Revisit Fine of CBS for Jackson Breast Exposure"; and "New York Suits Over Cigarette Sales Get U.S. High Court Review."
Posted at 02:17 PM by Howard Bashman


James Vicini of Reuters is reporting: He has articles headlined "Supreme Court to consider life in prison for juveniles"; "U.S. government loses immigrant identity-theft case"; and "More court review set for 2004 Janet Jackson flash."
Posted at 02:12 PM by Howard Bashman


"Obama calls senators about high court pick": The Associated Press has this report.
Posted at 02:10 PM by Howard Bashman


Available from Politico.com: Josh Gerstein reports that "Obama's search for 'empathy' shapes Supreme Court replacement debate."

And Mike Allen reports that "Obama urged to look beyond courts when replacing Souter."
Posted at 10:54 AM by Howard Bashman



"Kagan: Just call her 'The General'; The first female solicitor general talks about the high court and her new role." Tony Mauro has this article in the current issue of The National Law Journal. Mauro's interview with the Solicitor General occurred before Justice David H. Souter's intention to retire from the U.S. Supreme Court became public.
Posted at 10:48 AM by Howard Bashman


Available online from National Public Radio: Today's broadcast of "Morning Edition" contained an audio segment entitled "Obama's Chance To Fill Supreme Court Slot."

And yesterday's broadcast of "Weekend Edition Sunday" contained an audio segment entitled "Souter's Retirement Is Obama's Opportunity" featuring Nina Totenberg.

RealPlayer is required to launch these audio segments.
Posted at 10:45 AM by Howard Bashman



Access today's opinions in argued cases and Order List of the U.S. Supreme Court: The Court today has issued four opinions in argued cases.

1. In Flores-Figueroa v. United States, No. 08-108, Justice Stephen G. Breyer delivered the opinion of the Court, in which the Chief Justice and Justices John Paul Stevens, Anthony M. Kennedy, David H. Souter, and Ruth Bader Ginsburg joined. Justice Anonin Scalia issued an opinion concurring in part and concurring in the judgment, in which Justice Clarence Thomas joined. And Justice Samuel A. Alito, Jr. issued an opinion concurring in part and concurring in the judgment. You can access the ruling at this link and the oral argument transcript at this link.

2. In Carlsbad Technology, Inc. v. HIF Bio, Inc., No. 07-1437, Justice Thomas delivered the opinion for a unanimous Court. In addition, Justices Stevens, Scalia, and Breyer issued concurring opinions. Justice Souter joined in Justice Breyer's concurring opinion. You can access the ruling at this link and the oral argument transcript at this link.

3. In Arthur Andersen LLP v. Carlisle, No. 08-146, Justice Scalia delivered the opinion of the Court, in which Justices Kennedy, Thomas, Ginsburg, Breyer, and Alito joined. Justice Souter filed a dissenting opinion, in which the Chief Justice and Justice Stevens joined. You can access the ruling at this link and the oral argument transcript at this link.

4. And in Burlington N.&S.F.R. Co. v. United States, No. 07-1601, Justice Stevens delivered the opinion of the Court, in which the Chief Justice and Justices Scalia, Kennedy, Souter, Thomas, Breyer, and Alito joined. Justice Ginsburg issued a dissenting opinion. You can access the ruling at this link and the oral argument transcript at this link.

You can access today's Order List at this link. The Court today granted review in four cases.

In early news coverage, The Associated Press has articles headlined "Court rules for immigrant in ID theft case"; "Court will review life sentences for young"; "Court: Shell not at fault in cleanup"; and "High court throws out ruling on Janet Jackson."

At "SCOTUSblog," Lyle Denniston has a post titled "Court to rule on long juvenile sentences."
Posted at 10:08 AM by Howard Bashman



"The Case Against Sonia Sotomayor: Indictments of Obama's front-runner to replace Souter." Law professor Jeffrey Rosen has this essay online today at The New Republic.
Posted at 08:50 AM by Howard Bashman


"Specter Re-emphasizes Independence": The New York Times contains this article today.

And The Philadelphia Inquirer reports today that "Specter says he jumped parties based on principle."
Posted at 08:44 AM by Howard Bashman



"Obituary: Ralph J. Cappy / Retired Pennsylvania chief justice." This obituary appeared yesterday in The Pittsburgh Post-Gazette.

And yesterday's edition of The Pittsburgh Tribune-Review contained an article headlined "Former state chief justice praised for service."
Posted at 08:40 AM by Howard Bashman



"Same-sex marriages gradually gain legal ground; Even in states that don't allow gay marriage, court decisions on child custody, divorce and other issues are giving incremental rights to same-sex couples": Carol J. Williams has this article today in The Los Angeles Times.
Posted at 08:37 AM by Howard Bashman


"Doubting Discrimination: The troubling case of conservative skepticism over voting rights violations." This editorial appears today in The Washington Post.
Posted at 08:35 AM by Howard Bashman


"Detainee Compromises Likely; Marri Case Suggests That Interrogations Will Hinder Trials": The Washington Post contains this article today.
Posted at 08:33 AM by Howard Bashman


"Three Republicans in fight for state Supreme Court nod": This article appeared yesterday in The Pittsburgh Post-Gazette.
Posted at 08:30 AM by Howard Bashman


"The man who kept the Supreme Court functioning relinquishes his role": Last Friday's edition of The Newark (N.J.) Star-Ledger contained an article that begins, "Nobody has known more men and women at the top of New Jersey's modern judiciary than Stephen Townsend. He's rubbed elbows with seven of the eight Supreme Court chief justices since the state revamped its courts six decades ago. He could strike up a conversation with 24 of the 34 who wore the robes as associate justices. Townsend, who retires today after 31 years as Supreme Court clerk, was a behind-the-scenes force -- and the unofficial court historian -- at the Richard J. Hughes Justice complex overlooking the Delaware River in Trenton."
Posted at 08:23 AM by Howard Bashman


"Progressive Vision Likely in Next Jurist": Today in The Wall Street Journal, Jess Bravin will have an article that begins, "President Barack Obama is likely to seek a nominee for the Supreme Court who will not only defend the liberal jurisprudence that reshaped American society in the mid-20th century, but who may also aim to build a progressive legal vision for the century ahead."

Today in USA Today, Joan Biskupic has a front page article headlined "For new president, the legal legacy begins here; Who will get the call? It may not be a judge." The newspaper also contains an article headlined "Obama's pick may face hurdles to the bench; Other players hold big stake in the process" and an editorial entitled "A retiring justice retires."

The Associated Press has articles headlined "Senators to Obama: Look beyond the federal bench"; "Specter: Pick a statesman or stateswoman for court"; and "Hatch: Is Obama using 'code' for activist judge?"

And The Boston Globe contains an editorial entitled "Law, Yankee style."
Posted at 08:12 AM by Howard Bashman



"Governor supports abortion initiative; Voters, not lawmakers, would decide if doctors had to tell a parent of a girl younger than 18": This article appears today in The Anchorage Daily News.
Posted at 08:03 AM by Howard Bashman


"Townsfolk leery of holding Gitmo terrorism suspects; The anxiety of locals who live near the brig at Charleston, S.C., one possible place Guantanamo detainees may be sent, is typical of opposition nationwide": Carol Rosenberg had this article -- the first of a two-part series -- yesterday in The Miami Herald.
Posted at 07:55 AM by Howard Bashman


"Interrogation Debate Sharply Divided Bush White House": This article appears today in The New York Times.

At the web site of New York magazine, law professor Jeffrey Rosen has an essay entitled "A Torturous Decision: Sure, Cheney and friends could be prosecuted for torture-related offenses; But could they be convicted?"

And from Bloomberg News, columnist Albert R. Hunt has an essay entitled "'Dark Side' of War on Terrorism Must Be Exposed."
Posted at 07:52 AM by Howard Bashman



Sunday, May 3, 2009

"Justice Souter: Liberal or conservative? In 1990, the jurist was nominated by a Republican president; In 1992, a ruling to preserve Roe vs. Wade changed everything." David G. Savage will have this article Monday in The Los Angeles Times.

Monday's edition of The New York Times will contain an article headlined "A No-Frills Embrace for a Low-Key Justice."

ABCNews.com has an article headlined "Diversity, Not Politics, Key to Court Pick; Replacing Liberal Souter, Obama Unlikely to Change Court Ideology."

Greg Stohr and Tina Seeley of Bloomberg News report that "Obama May Seek Out Centrist to Replace Souter on Supreme Court."

The Casper Star-Tribune reported yesterday that "Wyo native possible Supreme Court nominee."

David Lightman of McClatchy Newspapers has an article headlined "Justice Souter to be replaced by October, Leahy vows."

The Birmingham News reported yesterday that "Alabama Sen. Jeff Sessions pursuing top seat on Judiciary Committee."

At the "Legal Beat" blog of CQ Politics, Seth Stern has a post titled "Recent History Suggests Confirmation Before August Recess."

Yesterday's edition of The Boston Herald contained an article headlined "Will Deval Patrick chase the robe? Governor rumored for David Souter seat."

Monday's edition of The Washington Times will contain an editorial entitled "Souter the extremist: Rumors of his moderation were exaggerated."

And today in The Detroit Free Press, columnist Stephen Henderson has an op-ed entitled "David Souter, the last of his kind."
Posted at 11:20 PM by Howard Bashman



"Fresh Questions About the CIA's Interrogation Tapes": Michael Isikoff and Mark Hosenball will have this article in the May 18, 2009 issue of Newsweek.
Posted at 11:08 PM by Howard Bashman


"The Montana Town That Wanted to Be Gitmo": Time magazine posted this article to its web site today.
Posted at 11:05 PM by Howard Bashman


"Empathy and Judicial Picks Rarely Mix on Capitol Hill": This article appears today in The Washington Post. In addition, Christina L. Boyd and Lee Epstein have an op-ed entitled "When Women Rule, It Makes a Difference."

Yesterday's edition of The Boston Globe contained articles headlined "Obama may break with tradition for high court pick; Retirement of Souter opens opportunities"; "Souter surprised conservatives; Repeatedly sided with liberal wing"; and "Home is where his heart is; Souter eschews power for a small N.H. town."

The New York Daily News reported yesterday that "Bronx judge Sonia Sotomayor would be first Latina on Supreme Court if she replaces Justice Souter."

And McClatchy Newspapers have articles headlined "Obama likely to get nominee he wants for Supreme Court"; "Souter: A low-profile justice who frequently dissents"; and "Liberal or not, Souter's departure will remake court."
Posted at 09:27 AM by Howard Bashman



"Lifting the Bush-era veil of secrecy: On US torture, we need to find out what happened -- and why." U.S. Senator Patrick J. Leahy (D-VT) has this op-ed today in The Boston Globe.
Posted at 09:18 AM by Howard Bashman


Saturday, May 2, 2009

"Quiet N.H. Home Is Where Souter's Heart Has Always Been": This article will appear Sunday in The Washington Post.
Posted at 11:40 PM by Howard Bashman


"As a Professor, a Pragmatist About the Supreme Court": Sunday's edition of The New York Times will contain an article that begins, "Many American presidents have been lawyers, but almost none have come to office with Barack Obama's knowledge of the Supreme Court." Linda Greenhouse will have a Week in Review article headlined "David H. Souter: Justice Unbound." And the newspaper will also contain an editorial entitled "Justice Souter Departs."

Today's edition of The Wall Street Journal contains articles headlined "Obama to Seek a Justice Attuned to 'Daily Realities'; Many Liberals Floated as Possible Souter Successors, but Democrats Fear a Prolonged Battle That Could Stall Broader Agenda" and "A Case Study in Unforeseen Legal Views." The newspaper also contains an editorial entitled "Succeeding Souter: Will Obama send a left-wing Scalia to the High Court?"

The Washington Post today contains an article headlined "Successor To Souter Anticipated By October; Obama Says New Judge Will Blend Respect for Constitution, 'Empathy'" and an editorial enttiled "More Souters: The qualities President Obama should seek in filling the shoes of a fine justice."

And online at National Journal, Stuart Taylor Jr. has an essay entitled "12 Points To Consider In Replacing Souter."
Posted at 11:25 PM by Howard Bashman



"Hearings for Nominee Will Reflect a Reversal": The New York Times on Sunday will contain an article that begins, "The tables will be turned as a Democratic Senate prepares to consider the Supreme Court nominee of a Democratic president for the first time in 15 years, reversing the control Republicans held over the last two appointments to the court."
Posted at 05:14 PM by Howard Bashman


Articles relating to the retirement of Justice David H. Souter that will appear in Monday's issue of The Daily Journal of California: Lawrence Hurley and Robert Iafolla will have a front page article headlined "Free Hand for Obama in Justice Pick; Souter's Departure Lets Obama Shape Supreme Court."

And John Roemer will have an article headlined "9th Circuit Judge on List of Contenders to Replace Souter."
Posted at 03:00 PM by Howard Bashman



"Former Chief Justice Cappy dies": The Pittsburgh Post-Gazette has this news update.

And The Pittsburgh Tribune-Review has a news update headlined "Retired Supreme Court Justice Ralph J. Cappy has died."

After leaving the Supreme Court of Pennsylvania, former Chief Justice Ralph J. Cappy joined the law firm of Buchanan Ingersoll & Rooney. His law firm bio can be accessed here.
Posted at 01:32 PM by Howard Bashman



Jurisprudence essays available online at Slate: Dahlia Lithwick has an essay entitled "Justice Heartbreaker: David Souter leaves the court that left him behind."

And law professor Kermit Roosevelt has an essay entitled "Justice Cincinnatus: David Souter--a dying breed, the Yankee Republican."
Posted at 01:27 PM by Howard Bashman



"The Best Judges Obama Can't Pick": Sunday in The Washington Post, Benjamin Wittes will have an op-ed that begins, "What do Merrick Garland, David Tatel and Jose Cabranes have in common?"
Posted at 01:23 PM by Howard Bashman


"The Last Conservative: How Souter ended up disappointing conservatives by being ... conservative." Gordon Silverstein has this essay online at The New Republic.
Posted at 01:15 PM by Howard Bashman


"Obama calls 'empathy' key to Supreme Court pick; Interest groups are already lobbying for a woman, minority or solid liberal to succeed Justice David Souter; Obama says he puts empathy, intelligence and independence before ideology": This article appears today in The Los Angeles Times. Carol J. Williams has an article headlined "Key Souter cases on Supreme Court: The justice moved in a liberal direction over his 18-year tenure." The newspaper also contains an editorial entitled "Replacing Souter: Obama appears to be looking for real-world experience in a successor to the retiring justice."

law.com's Tony Mauro reports that "Souter's Retirement Sets Stage for Nomination Fight."

Mark Sherman of The Associated Press reports that "Obama pledges careful choice to replace Souter."

And Politico.com has articles headlined "Obama vows his Supreme Court nominee will be in touch with challenges"; "New Justice may reignite abortion fight"; "Obama's Court pick: What he has to gain"; and "GOP gears up for Court fight."
Posted at 11:48 AM by Howard Bashman



"California Supreme Court backs private school in bias case; By declining to review the case, the high court lets stand a lower court ruling that California Lutheran High School in Riverside County did not have to comply with a state anti-discrimination law": The Los Angeles Times contains this article today.

And law.com reports that "Calif. Supreme Court Lets Stand School's 'Christian Conduct' Ban on Homosexuality."
Posted at 11:35 AM by Howard Bashman



"Overusing 'state secrets privilege': An appeals court was right to rule for the plaintiffs in five 'extraordinary rendition' cases." This editorial appears today in The Los Angeles Times.
Posted at 11:30 AM by Howard Bashman


"Mark Levy's Battle for Success: Kilpatrick Stockton lawyer's death came amid career turmoil." law.com has this report.
Posted at 11:07 AM by Howard Bashman


"The Stealth Justice": Law professor Jeffrey Rosen has this op-ed today in The New York Times.
Posted at 11:00 AM by Howard Bashman


Friday, May 1, 2009

"Not the Justice Republicans Expected; Souter Surprised Observers by Leaning Left in Several High-Profile Decisions": Robert Barnes will have this article Saturday in The Washington Post.

And Saturday's edition of The New York Times will contain an article headlined "Washington Prepares for Fight Over Any Nominee"; an article by Charlis Savage headlined "Women and Minorities Seen as a Focus of Search"; and a news analysis by Adam Liptak headlined "Varied Resume vs. Fitted Robe."
Posted at 10:40 PM by Howard Bashman



Did the U.S. Congress, in enacting the Government Employee Rights Act of 1991, validly abrogate the Eleventh Amendment immunity of the States? The majority on an eleven-judge en banc panel of the U.S. Court of Appeals for the Ninth Circuit answers "yes" in a ruling issued today.
Posted at 09:08 PM by Howard Bashman


"Top justice sent racy video to colleagues; Myron Steele used state e-mail to share video with 38 male friends, lawyers": Yesterday's edition of The News Journal of Wilmington, Delaware contained an article that begins, "Delaware Supreme Court Chief Justice Myron T. Steele, the national face of Delaware's powerful and highly respected courts, used his state e-mail account Monday to send a sexually suggestive video to 38 men."

And today's issue of that newspaper contains an editorial entitled "Chief Justice Steele made a mistake; now let's move on."
Posted at 08:30 PM by Howard Bashman



Nina Totenberg of National Public Radio is reporting: On today's broadcast of "Morning Edition," she had an audio segment entitled "Justice Souter To Retire From Supreme Court."

And on this evening's broadcast of "All Things Considered," she had an audio segment entitled "Impact Of Souter Retirement Examined."

RealPlayer is required to launch these audio segments.
Posted at 08:02 PM by Howard Bashman



Bashman news from Australia: Saturday's edition of The Toowoomba Chronicle reports that "Eight 'mongrels' bash man."
Posted at 07:53 PM by Howard Bashman


Bloomberg News is reporting: Greg Stohr has an article headlined "Souter Says He Will Retire From U.S. Supreme Court."

And in other news, "Obama Says He'll Seek Independent Jurist for Court."
Posted at 07:50 PM by Howard Bashman



James Vicini of Reuters is reporting: He has articles headlined "U.S. Justice Souter resigns" and "Obama's pick may not shift Supreme Court direction."
Posted at 07:45 PM by Howard Bashman


"Statements from the Supreme Court Regarding Justice David H. Souter's Retirement": The Public Information Office of the U.S. Supreme Court today issued this news release consisting of statements from Justice Souter's colleagues.
Posted at 07:40 PM by Howard Bashman


The Associated Press is reporting: Now available online are articles headlined "Obama's high court choice could be Hispanic, woman";

"Souter hardly predictable in 19 years as justice";

"Souter gets big retirement bucks -- for frugal life";

"Analysis: Court opening may animate liberal causes"; and

"Senate Republicans in flux for high-court hearings."
Posted at 07:33 PM by Howard Bashman



"Alleged Nazi Demjanjuk cleared for deportation": The Associated Press has a report that begins, "A federal appeals court opened the way again Friday for the Justice Department to deport alleged Nazi death camp guard John Demjanjuk to Germany to face 29,000 counts of accessory to murder."

And The Cleveland Plain Dealer has a news update headlined "Appellate court rejects John Demjanjuk's appeal to stop deportation."

You can access today's order of the U.S. Court of Appeals for the Sixth Circuit at this link.
Posted at 05:22 PM by Howard Bashman



"Justice David H. Souter has today sent the attached letter to the White House notifying President Barack Obama of his retirement from the Supreme Court effective when the Supreme Court rises for the summer recess this year." So states a news release that the Public Information Office of the U.S. Supreme Court issued this afternoon. Justice Souter's letter can be viewed at this link.

Neil A. Lewis of The New York Times has a news update headlined "Women and Minorities Seen as a Focus of Search."

Robert Barnes of The Washington Post has news updates headlined "Obama Announces Justice Souter Is Retiring" and "Replacement Speculation Begins."

Linda Feldmann and Warren Richey of The Christian Science Monitor have an article headlined "In replacing Souter, how far left will Obama go? He'll face pressure from his liberal base in his pick for the Supreme Court."

Michael Doyle of McClatchy Newspapers reports that "Souter tells White House that he'll retire from Supreme Court."

The Los Angeles Times has a news update headlined "Obama mum on first Supreme Court appointment; Justice David Souter's pending retirement sparks intense speculation; His replacement is unlikely to alter the court's ideological balance."

The Associated Press reports that "Obama hopes to replace Justice Souter by October"; "Justice Souter to leave 'best job' in 'worst city'"; and "Souter's home state glad to have him back."

CNN.com has reports headlined "Souter notifies White House of retirement plans"; "Conservatives prepare for Supreme battle"; and "Souter news sets off succession speculation." In addition, Jeffrey Toobin opines that "Obama likely to pick a woman for Souter seat."

And at "SCOTUSblog," Lyle Denniston has a post titled "Souter announces retirement."
Posted at 04:42 PM by Howard Bashman



"Souter Reportedly Planning to Retire From High Court; Justice Might Stay Until Nominee Confirmed": Robert Barnes has this article today in The Washington Post.

Today in The Los Angeles Times, David G. Savage reports that "Souter to retire from Supreme Court; The liberal justice is expected to step down this summer; Some legal experts speculate that Obama will nominate a woman to fill Souter's spot on the high court."

The New York Times reports that "Souter Said to Be Leaving Court in June."

Jess Bravin and Evan Perez of The Wall Street Journal report that "Justice Souter to Retire From Court."

law.com's Tony Mauro reports that "Souter Retirement Reports Stir Speculation on Obama Court Pick."

And at "SCOTUSblog," Tom Goldstein has a post titled "Justice Souter's Retirement and Where We Go from Here."
Posted at 06:14 AM by Howard Bashman



"Shock, Sadness Over Death of Kilpatrick Stockton's Mark Levy in Apparent Suicide; Supreme Court advocate was a former deputy assistant AG during the Clinton administration": law.com has this report.
Posted at 06:08 AM by Howard Bashman


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