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Sunday, October 31, 2010 "Impeachment calls part of life for a Supreme Court justice, but few get very far": Robert Barnes will have this article Monday in The Washington Post. Posted at 11:12 PM by Howard Bashman "Videogames as Free-Speech Issue": Jess Bravin will have this article Monday in The Wall Street Journal. Posted at 11:10 PM by Howard Bashman "Jury sentences 'child soldier' to 40 years at Guantanamo": Carol Rosenberg of The Miami Herald has a news update that begins, "A military jury on Sunday gave teen terrorist Omar Khadr a symbolic 40-year prison sentence for killing an American commando in Afghanistan, unaware that the United States agreed to send the Canadian home next year." The Toronto Globe and Mail has a news update headlined "Verdict's in: Khadr is Ottawa's problem now." The Toronto Star has a news update headlined "Khadr to serve eight years." And The Associated Press reports that "Gitmo former 'child soldier' sentenced to 8 years." "Appoint judges? No thanks; Elections ensure certain safeguards." Professors Sylvia R. Lazos and Chris W. Bonneau have this op-ed today in The Las Vegas Review-Journal. And in Friday's edition of The Wall Street Journal, David B. Rivkin Jr. and Andrew M. Grossman had an op-ed entitled "Sandra Day O'Connor v. the People." You can freely access the full text of the op-ed via Google News. "State Supreme Court challengers are at it again; Justices Alan Page and Helen Meyer have familiar foes, but no justice has been unseated in a Minnesota election in at least 50 years": Rochelle Olson has this article today in The Minneapolis Star Tribune. Posted at 05:50 PM by Howard Bashman "Enron's Skilling to Argue for Release From Prison": John R. Emshwiller will have this article Monday in The Wall Street Journal. Posted at 05:45 PM by Howard Bashman "Supreme Court to hear violent video game case": The Associated Press has this report. Posted at 05:44 PM by Howard Bashman Saturday, October 30, 2010 "Terry Nichols' judge said some jurors thought life in prison was harsher punishment than death; Steven Taylor, now an Oklahoma Supreme Court justice, spoke Thursday at the Oklahoma City National Memorial & Museum about the trial of Oklahoma City bombing conspirator Terry Nichols": This article appeared yesterday in The Oklahoman. Posted at 09:00 PM by Howard Bashman "33-year-old Cleveland lawyer David Mills to argue case Monday before the U.S. Supreme Court": Alison Grant will have this article -- in which the "How Appealing" blog is mentioned -- in Sunday's edition of The Cleveland Plain Dealer. Posted at 04:35 PM by Howard Bashman "Arizona tax-credit case a test of church vs. state": Today's edition of The Arizona Republic contains an article that begins, "A case to be argued Wednesday before the U.S. Supreme Court could settle once and for all the legal bounds of Arizona's private-school tuition tax-credit program. More than setting a school-choice precedent, however, the case could also shape the rights of taxpayers to sue the government over policies they dislike that involve separation of church and state." Posted at 04:25 PM by Howard Bashman "Guantanamo prosecutor: Jail Khadr 25 more years." Carol Rosenberg of The Miami Herald has this news update. The Toronto Globe and Mail has a news update headlined "Send Khadr 'back to Canada,' defence says in closing arguments." The Toronto Star has a news update headlined "Lawyer emphasizes Khadr's age in address to jury." And The Associated Press reports that "Jury asked to 'send a message' in Guantanamo." "Appeals court to mull states' role in immigration": The Associated Press has a report that begins, "Arizona's tough and controversial new immigration law will get its day before a San Francisco appeals court Monday, with the central issue being just what role state and local authorities can play in confronting those who cross the border illegally." Posted at 04:16 PM by Howard Bashman "Sarasota County-Orioles deal OK'd by top court; Ruling says county's talks with Orioles violated no public meeting laws": Yesterday's edition of The Sarasota Herald-Tribune contained this article reporting on a ruling that the Supreme Court of Florida issued on Thursday. Posted at 02:44 PM by Howard Bashman "Faith, reason can co-exist, U.S. Supreme Court Justice Antonin Scalia says; Scalia speaks during Catholic diocese event": This article appeared yesterday in The Green Bay Press-Gazette. Posted at 02:38 PM by Howard Bashman "U.S. Says Genes Should Not Be Eligible for Patents": Today's edition of The New York Times contains this article about an amicus brief that the federal government has filed in the U.S. Court of Appeals for the Federal Circuit. Posted at 12:31 PM by Howard Bashman "Roberts Court rulings on campaign finance reveal shifting makeup, forceful role": Robert Barnes of The Washington Post has this report. Posted at 12:25 PM by Howard Bashman "Supreme Court to hear case on violent video games": Michael Doyle of McClatchy Newspapers has this report. And in Sunday's edition of The Washington Post, Daniel Greenberg will have an op-ed entitled "Why the Supreme Court should rule that violent video games are free speech." "The Clarence Thomas controversy": These letters to the editor (including one from Bruce Fein) appear today in The Washington Post. The blog "US for Palin" has a post titled "Clarence Thomas' Wife Ginni to be on Sarah Palin Radio 11/1." And this past Thursday's broadcast of NPR's "Talk of the Nation" contained an audio segment entitled "Ask Amy: How Do I Make Someone Apologize?" "Lay Off Sandra Day O'Connor: We need judges to speak up, not shut up." Bert Brandenburg has this jurisprudence essay online at Slate. Posted at 10:17 AM by Howard Bashman "Prominent professor opposed Sotomayor for Supreme Court; In a May 2009 letter to President Obama, Harvard Law's Laurence Tribe was enthused about Elena Kagan, but not the other frontrunner, then-Judge Sonia Sotomayor, whom he said 'would be a negative' influence": David G. Savage has this article today in The Los Angeles Times. Bill Mears of CNN.com reports that "Obama mentor admits sharp criticism of Sotomayor, others on high court." And in the Connecticut Law Tribune, Karen Lee Torre has an essay entitled "Harvard Prof Flunks Subtlety Test." "Labels file First Circuit brief in Joel Tenenbaum case; ex-SG Paul Clement joins team": Ben Sheffner has this post at his "Copyrights & Campaigns" blog. Posted at 10:00 AM by Howard Bashman Friday, October 29, 2010 "Judges Forced to Revisit Juveniles' Life Sentences": Nathan Koppel has this article today in The Wall Street Journal. Posted at 03:22 PM by Howard Bashman "Conrad Black claims partial court victory": The Toronto Globe and Mail has a news update that begins, "Conrad Black has won a partial victory in his criminal case. A Chicago appeal court has upheld one fraud conviction and his conviction for obstruction of justice. The court reversed two fraud counts." The Chicago Sun-Times has a news update headlined "Conrad Black conviction upheld on appeal; One count reversed, but court says ex-media baron could still get same 6 1/2-year sentence." The Associated Press reports that "Court in Ill. reverses 2 Conrad Black convictions." Reuters reports that "Ex-media mogul Conrad Black to be resentenced; Court affirms some, but not all, Black convictions; Judge urges prosecutors not to waste time retrying case." And Bloomberg News reports that "Black Wins Reversal of 2 of 4 Counts, Resentencing." You can access today's ruling of the U.S. Court of Appeals for the Seventh Circuit at this link. "Can states keep kids from violent video games? Supreme Court case tests limits on art and speech." Joan Biskupic had this front page article yesterday in USA Today. Posted at 11:42 AM by Howard Bashman "Two Portraits of Triple Killer, Offered to Jurors, Are at Odds": This article appears today in The New York Times. Today's edition of The Hartford Courant contains an article headlined "Psychiatrist Says Hayes' Rage Turned To Strangulation, Rape." And The New Haven Register contains an article headlined "Gruesome testimony: Doctor says Hayes duped by Komisarjevsky," "White House praises Sotomayor after Tribe's slap leaks": Josh Gerstein has this post at his "Under the Radar" blog at Politico.com. Posted at 08:26 AM by Howard Bashman "Measure would outlaw Islamic law in Oklahoma -- where it doesn't exist; Conservative supporters point to cases in Europe and a few in the U.S. that made reference to Sharia religious law; Muslims say it's a 'scare tactic' to further stigmatize them and whip up votes": This article appears today in The Los Angeles Times. You can view the text of Oklahoma State Question No. 755 by clicking here. Additional information is available via Ballotpedia. "Jury gets Erie fatal collar bomb case; Did defendant plan robbery or was she unaware?" Paula Reed Ward has this article today in The Pittsburgh Post-Gazette. And The Erie (Pa.) Times-News reports today that "Deliberations start today in 'pizza bomber' case." "No Justification": Today's edition of The New York Times contains an editorial that begins, "Two years ago, when a splintered Supreme Court approved lethal injection as a means of execution in Baze v. Rees, Justice John Paul Stevens made a prophecy." Posted at 08:00 AM by Howard Bashman Thursday, October 28, 2010 "Crossing Over: Will more Supreme Court justices attend this year's 'Red Mass' than next year's State of the Union?" Dahlia Lithwick has this jurisprudence essay online at Slate. Posted at 10:09 PM by Howard Bashman "Professor Panned Sotomayor": Jess Bravin will have this article Friday in The Wall Street Journal. NBC News justice correspondent Pete Williams has a report headlined "Letter to Obama: Sotomayor not that smart; But Harvard's Tribe now says he's changed his mind about court justice." And columnist Al Kamen of The Washington Post has an "In the Loop" column headlined "Obama mentor Laurence Tribe unfiltered - and on paper." "Leaked: Obama Mentor's Blunt Advice on Court Choices." Charlie Savage has this post at "The Caucus" blog of The New York Times. At the "Bench Memos" blog of National Review Online, Ed Whelan began his first of a series of posts about the letter as follows, "I've obtained a copy of an interesting letter that Harvard law professor Larry Tribe wrote to his protege, President Barack Obama, in the immediate aftermath of Justice Souter's announcement of his decision to retire from the Court." You can access the letter by clicking here. Whelan's other posts thus far about Tribe's letter are titled "Tribe to Obama: Justice Kennedy Is a Prima Donna in Danger of Drifting Rightward"; "Tribe to Obama: Breyer's Public Face Is Unappealing"; "Tribe to Obama: Please Hire Me and Give Me a Big Portfolio"; and "Larry Tribe on Larry Tribe's Letter." And at WSJ.com's "Law Blog," Nathan Koppel and Jess Bravin provide this coverage. "Widow to 'child soldier': We're the victims." Carol Rosenberg of The Miami Herald has a news update that begins, "With head bowed, Omar Khadr sat at his war crimes tribunal Thursday to hear about the hole he left in one American commando's family when at age 15 he hurled a grenade in war-torn Afghanistan and killed Special Forces medic Chris Speer." The Toronto Globe and Mail has a news update headlined "Omar Khadr is 'unworthy,' widow of slain U.S. medic says." The Toronto Star has a news update headlined "Widow to Khadr: 'You're a murderer.'" And The Associated Press has a report headlined "Widow to Gitmo prisoner: You are a murderer." "Judging Women": Stephen J. Choi, G. Mitu Gulati, Mirya R. Holman, and Eric A. Posner have posted online at SSRN an article whose abstract begins: Judge Sonia Sotomayor's assertion that female judges might be "better" than male judges has generated accusations of sexism and potential bias. An equally controversial claim is that male judges are better than female judges because the latter have benefited from affirmative action. These claims are susceptible to empirical analysis.Via "Legal Theory Blog." Posted at 02:20 PM by Howard Bashman "Appeals court orders release of failed pardon applicants": At his "Under the Radar" blog at Politico.com, Josh Gerstein has a post -- in which I am quoted-- that begins, "A federal appeals court has ruled that the Justice Department must disclose the names of unsuccessful applicants for presidential pardons or commutations, notwithstanding the Obama Administration's arguments that releasing such information would violate the privacy of clemency seekers." Update: Elsewhere, at "The BLT: The Blog of Legal Times," Mike Scarcella has a post titled "Appeals Court: DOJ Must Release Names of Applicants Denied Clemency." "Courthouse peephole suspect gets new charges": In yesterday's issue of The Beaver County (Pa.) Times, J.D. Prose had an article that begins, "Prosecutors have withdrawn 20 invasion-of-privacy charges filed last month against a former Beaver County employee, but he faces seven new charges for creating a peephole and spying on women in a courthouse restroom." (via ABA Journal's "Law News Now" blog). Posted at 11:32 AM by Howard Bashman "Appeals Courts Criticize Child Porn Sentencing Guidelines": Shannon P. Duffy has this article today in The Legal Intelligencer. You can access Tuesday's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Third Circuit at this link. Birthday edition of in Bashman news from Australia: The Bayside Bulletin reports today that "Intruders tie up and bash man with stick." Posted at 09:10 AM by Howard Bashman "Collar bomb defendant profane in court; Woman says her attorney is 'getting on her nerves'": Paula Reed Ward has this article today in The Pittsburgh Post-Gazette. And today's edition of The Erie (Pa.) Times-News contains an article headlined "Closing arguments expected today in Erie 'pizza bomber' trial." "Justice O'Connor, Arizona group spar over robocalls": Josh Gerstein has this post at his "Under the Radar" blog at Politico.com. Posted at 07:55 AM by Howard Bashman "The Age of Alzheimer's": Justice Sandra Day O'Connor, Stanley Prusiner, and Ken Dychtwald have this op-ed today in The New York Times. Posted at 07:40 AM by Howard Bashman Wednesday, October 27, 2010 "Appeal spiked: L'Anse Creuse teacher can't be fired for lewd act." The Detroit News has an update that begins, "The Michigan Supreme Court won't get involved in a dispute between a school district and a teacher who was photographed simulating sex acts on a mannequin at a boating party. The court's refusal today to review L'Anse Creuse Public Schools' request to argue against a lower court's ruling means middle school teacher Anna Land can't be fired for her actions and she'll be allowed to continue working." Posted at 10:14 PM by Howard Bashman "Mississippi voters can decide 'personhood'; Pro-lifers to get question on ballot": This article will appear Thursday in The Washington Times. And today's edition of The Clarion-Ledger of Jackson, Mississippi contains an article headlined "'Personhood' appeal set; Judge refuses to block initiative defining beginning of life." "Bloody Video Games May Get Same Age Curbs as Porn in Court Case": Greg Stohr of Bloomberg News has this report. Posted at 09:57 PM by Howard Bashman "The Ethics of Justice O'Connor's Robo-Calls": Tony Mauro has this post at "The BLT: The Blog of Legal Times." Posted at 03:44 PM by Howard Bashman "Ninth Circuit, Law Schools See Educational Opportunity in Arizona Immigration Case": The Public Information Office of the U.S. Court of Appeals for the Ninth Circuit issued this news release today. Posted at 02:30 PM by Howard Bashman "Judge grants injunction vs new Mass. obscenity law": The Associated Press has a report that begins, "A federal judge has granted a preliminary injunction sought by free-speech advocates who argued that a new Massachusetts law aimed at protecting children from online sexual predators effectively bans from the Internet anything that may be considered 'harmful to minors,' including material adults have the right to view." Posted at 02:24 PM by Howard Bashman "Antitrust suit against Inbev, AB again fails": The Associated Press has a report that begins, "A bid by 10 beer consumers who sued to block InBev's now-completed takeover of U.S. beer giant Anheuser-Busch on antitrust grounds again has fallen flat." You can access today's ruling of the U.S. Court of Appeals for the Eighth Circuit at this link. "Advocate appeals secret Kan. case to Supreme Court": The Associated Press has a report that begins, "An advocate for chronic pain patients who is under investigation for obstruction of justice has challenged grand jury subpoenas in a rare case that climbed secretly through the judicial system to the U.S. Supreme Court." Posted at 02:04 PM by Howard Bashman "2008 Joe Francis Lawsuit Morphs into Free Speech Test Case; Women filmed as minors by GGW in 2002 want to keep their names out of the public record": AVN News has a report that begins, "A 2008 lawsuit against Girls Gone Wild founder Joe Francis and two companies he operates, filed by four women who accused the GGW team of filming them flashing their breasts when they were underage, has become a free speech test case that was argued [yesterday] before a three-judge panel of the 11th Circuit U.S. Court of Appeals." You can access a copy of the complaint initiating suit by clicking here. "Expert: Hayes no risk; Psychologist claims violent behavior in prison unlikely." This article appears today in The New Haven Register, along with an article headlined "Komisarjevsky lawyer avoids contempt hearing, for now." And today's edition of The Hartford Courant contains articles headlined "Psychologist: Steven Hayes Would Have 'Positive Adjustment' If Sentenced To Life In Prison" and "Judge Withholds Ruling In Contempt Hearing In Cheshire Case; Says If Necessary He'll Refer Case To Another Judge." "Diehl-Armstrong resumes stand today in 'pizza bomber' trial": Today in The Erie (Pa.) Times-News, Ed Palattella has an article that begins, "Marjorie Diehl-Armstrong eventually will testify about what she was doing the afternoon of Aug. 28, 2003 -- the day Brian Wells, a pizza deliveryman she said she never knew, was killed when the bomb locked to his neck exploded. But before she gets to that critical point in her federal trial in Erie, Diehl-Armstrong is likely to explain to the jury just about everything else that happened to her before and after the moment Wells died. She certainly took that approach on Tuesday, the first day she took the witness stand in her own defense in the 'pizza bomber' case." And today in The Pittsburgh Post-Gazette, Paula Reed Ward reports that "Collar-bomb defendant takes stand." "Corporate campaign ads haven't followed Supreme Court's prediction; Companies and unions have been able to avoid the transparency called for in the court's landmark ruling; Spending on next week's midterm election has been exorbitant": David G. Savage has this article today in The Los Angeles Times. Posted at 08:00 AM by Howard Bashman "For Clarence Thomas, an ordeal is renewed": Columnist Kathleen Parker has this op-ed today in The Washington Post. And today in The Chicago Tribune, law professor Steven Lubet has an op-ed entitled "Let the justices be the judge." "Court voids Arizona law on voter proof of citizenship": This article appears today in The Arizona Republic. Today in The Arizona Daily Star, Howard Fischer has an article headlined "Court voids citizenship voter proof." The Tucson Sentinel reports that "Arizona law requiring proof of voter citizenship struck down; Proposition 200's ID at polls upheld, proof of citizenship to register invalidated." And Bob Egelko of The San Francisco Chronicle reports that "State can't ask voters for citizenship proof." My earlier coverage of yesterday's Ninth Circuit ruling appears at this link. "Arizona executes inmate after federal judge lifts stay": Today's edition of The Arizona Republic contains an article that begins, "In only the second Arizona execution since 2000, convicted killer Jeffrey Landrigan died by lethal injection late Tuesday after the U.S. Supreme Court removed the last legal barrier." Posted at 07:38 AM by Howard Bashman "Government's 'Duty to Defend' Not a Given; In recent years, DOJ declined to fight for federal laws at least 13 times": Tony Mauro of The National Law Journal has this report. Posted at 07:28 AM by Howard Bashman Tuesday, October 26, 2010 "Argument preview: Kids and video games." Lyle Denniston has this post at "SCOTUSblog." Posted at 10:16 PM by Howard Bashman "Justices Ruth Bader Ginsburg and Sandra Day O'Connor on Life and the Supreme Court; Some of Nation's Most Influential Women Gather at Women's Conference in California": ABCNews.com has this report. Posted at 09:57 PM by Howard Bashman "Arizona AG: Execution drug came from Great Britain." The Associated Press has a report that begins, "The Arizona attorney general's office says the state's supply of a scarce lethal injection drug was obtained from England. This is the first time a state has acknowledged obtaining sodium thiopental from an overseas source since a shortage of the drug started affecting executions in the U.S. this year." Posted at 04:52 PM by Howard Bashman "Court Voids Arizona Law on Voter Proof of Citizenship": Bloomberg News has this report. My earlier coverage of today's Ninth Circuit ruling appears at this link. "USS Cole families press legal claims against Sudan": The Associated Press has this report about a case argued today before a three-judge panel of the U.S. Court of Appeals for the Fourth Circuit. Posted at 04:03 PM by Howard Bashman "Ninth Circuit, on 2-1 Vote with Strong Kozinksi Dissent, Holds that Arizona Requirement of Proof of Citizenship to Register to Vote is Preempted by the National Voter Registration Act": Law professor Rick Hasen has this post at his "Election Law Blog" about a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today. Circuit Judge Sandra S. Ikuta wrote the majority opinion, in which retired Justice Sandra Day O'Connor -- sitting by designation -- joined. It is interesting to note that, after law school, Ikuta first clerked for Judge Kozinski on the Ninth Circuit before going on to clerk for Justice O'Connor at the U.S. Supreme Court. I know that it is fairly common for a federal appellate judge to serve on a three-judge panel with a judge for whom he or she had clerked following law school. I cannot help but wonder, however, whether any federal appellate judge had previously served as law clerk to both of the other two judges serving on a particular three-judge federal appellate court panel. Order of en banc Ninth Circuit referring case to appellate mediation sparks dissents: An eleven-judge en banc panel of the U.S. Court of Appeals for the Ninth Circuit today issued this order, accompanied by two dissents and a statement concurring in the order. Posted at 02:03 PM by Howard Bashman "U.S. Supreme Court Increasingly Favors Business, Study Says": Greg Stohr of Bloomberg News has this report. My post from this morning that linked to the study can be accessed here. "Fed Won't Join Bank Supreme Court Appeal on Loan Disclosures": Bob Ivry and Greg Stohr of Bloomberg News have this report. Posted at 01:58 PM by Howard Bashman "'Girls Gone Wild' suit sets up free speech battle": The Associated Press has this report about a case pending before the U.S. Court of Appeals for the Eleventh Circuit. Posted at 01:50 PM by Howard Bashman "Arizona execution on hold, drug issue under review": The Arizona Republic has a news update that begins, "The execution of convicted killer Jeffrey Landrigan, which was scheduled for 10 a.m. Tuesday morning, has been put on hold. A judge from 9th Circuit U.S. Court of Appeals upheld a restraining order sometime before 2 a.m. Tuesday. But later in the morning, another judge on the court requested that a larger panel review the order. That could take until noon before the Supreme Court considers the case." You can access this morning's ruling of a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link. "A Tale of Two Courts: Comparing Corporate Rulings by the Roberts and Burger Courts." The Constitutional Accountability Center issued this study today. A related news release can be accessed here. Posted at 11:48 AM by Howard Bashman "Evil Men in Black Robes: Slate's judicial election campaign ad spooktacular!" Richard L. Hasen and Dahlia Lithwick have this essay online at Slate. Posted at 11:15 AM by Howard Bashman "Robocall mishap shows Nevadans don't want ANY questions at 1 a.m.; Automated message goes out early morning": Today's edition of The Las Vegas Review Journal contains an article that begins, "Phone calls that come in the dead of night rarely bring a happy message, even if the voice on the other end of the line belongs to retired U.S. Supreme Court Justice Sandra Day O'Connor. Thanks to human and computer errors, thousands of Nevadans were roused from sleep Monday when an automated telephone message asking voters to consider Question 1 next week went out at 1 a.m. rather than 1 p.m." The organization Nevadans for Qualified Judges has issued this apology. "No Opponent, But Big Money In Illinois Justice's Race": This audio segment appeared on today's broadcast of NPR's "Morning Edition." Posted at 08:42 AM by Howard Bashman "Hayes threatened to kill correction officers; Convicted murderer disciplined while awaiting trial": This article appears today in The New Haven Register. The Hartford Courant reports today that "Cheshire Case Left Imprint On Prison System, Ex-Commissioner Testifies." Yesterday's newspaper reported that "Witness Harassed After Defense Calls Her To Testify In Steven Hayes Case." And Sunday's newspaper contained an article headlined "'My Private Horror Show': Joshua Komisarjevsky's Journal Part Confession, Part Analysis Of 'Demons.'" "'Don't Ask' Ruling Puts Judge in Spotlight": law.com has this report. Posted at 08:35 AM by Howard Bashman "Diehl-Armstrong to testify today in 'pizza bomber' trial, without psychiatrist": This article appears today in The Erie (Pa.) Times-News. Posted at 08:33 AM by Howard Bashman "Utah Supreme Court hears arguments on Ogden gang injunction": The Deseret News contains this article today. And The Salt Lake Tribune reports today that "Utah Supreme Court mulling Ogden gang injunction." "9th Circuit Says Catholic Group Has Standing to Sue San Francisco": Ginny LaRoe of The Recorder has an article that begins, "With the judges split into unusual voting blocs, the 9th U.S. Circuit Court of Appeals on Friday issued an 8-3 ruling in an Establishment Clause case that is thought to be prime for Supreme Court review." My earlier coverage of last Friday's en banc Ninth Circuit ruling appears at this link. "Nashville attorney David Randolph Smith leads fight against guns-in-bars law; Attorney remembers clients' grief": This article appears today in The Tennessean. Posted at 08:22 AM by Howard Bashman "En Banc 3rd Circuit Set to Hear DNA Samples Case": Shannon P. Duffy of The Legal Intelligencer has this report. Posted at 08:17 AM by Howard Bashman "Supreme Court Justice Samuel Alito Jr. renews Lawyer's Oath for West Michigan Catholic lawyers": The Grand Rapids Press contains this article today. Posted at 08:16 AM by Howard Bashman "Two sides in justice retention debate take off on dueling tours": This article appears today in The Des Moines Register. Posted at 08:05 AM by Howard Bashman Monday, October 25, 2010 "Judge blocks Arizona execution due to drug issue": The Arizona Republic has a news update that begins, "A federal judge today blocked Tuesday's planned execution of convicted killer Jeffrey Landrigan until Landrigan's attorneys and the court have the chance to evaluate the drugs that Arizona has obtained to carry out the execution by lethal injection." And The Associated Press reports that "Arizona appeals order blocking execution Tuesday." "Gay marriage foes back push to oust Iowa justices": The Associated Press has this report. Posted at 05:22 PM by Howard Bashman "Arizona draws difficult panel for immigration appeal": Josh Gerstein has this post at his "Under the Radar" blog at Politico.com. Posted at 02:04 PM by Howard Bashman "Canadian pleads guilty to war crimes at Guantanamo court": Carol Rosenberg of The Miami Herald has a news update that begins, "Toronto-born Omar Khadr, Guantanamo's youngest and last Western detainee, pleaded guilty Monday to committing war crimes in 2002 Afghanistan under a plea deal meant to send him home to his native Canada next year." The Toronto Globe and Mail has a news update headlined "Omar Khadr pleads guilty to all terrorism charges." And The Associated Press reports that "Canadian at Gitmo pleads guilty to all charges." "An Indefensible Defense": Today's edition of The New York Times contains an editorial that begins, "It can be hard to distinguish between the Bush administration and the Obama administration when it comes to detainee policy. A case the Supreme Court agreed last week to hear, Ashcroft v. al-Kidd, is one of those occasions." And today's edition of The Los Angeles Times contains an editorial entitled "The Ashcroft appeal: Does the former attorney general have immunity in a terrorism-related case? The question at least deserves to be heard in court." "Court case seeks to strip sperm donors' anonymity": This article appears today in The Toronto Globe and Mail. Posted at 07:56 AM by Howard Bashman "Scalia takes Kagan to gun range, sources say": The Daily Caller has this report. Posted at 07:54 AM by Howard Bashman Sunday, October 24, 2010 "'Don't ask' challenge gains legal traction in '03 ruling; Court cited right to gay sex": In Monday's edition of The Washington Times, Ben Conery will have an article that begins, "The current court challenge to the military's 'don't ask, don't tell' policy on homosexuality is far from the first, but a notable 2003 Supreme Court decision may help make it the most likely to succeed." Posted at 10:55 PM by Howard Bashman "Canadian terror trial deal would test Obama pledge; Resumption of a Canadian's Guantanamo trial this week could test the Obama administration's pledge for transparency": Carol Rosenberg of The Miami Herald has this article. Posted at 10:45 PM by Howard Bashman "Arizona told to reveal source of drug for execution": Today's edition of The Arizona Republic contains an article that begins, "A federal judge Saturday night ordered that the state of Arizona 'immediately and publicly disclose' where it obtained a drug it intends to use to execute condemned murderer Jeffrey Landrigan on Tuesday. The drama has played out for weeks as defense attorneys have tried to discern where the state found sodium thiopental, a barbiturate that is in short supply. Executions nationwide have been postponed because of the shortage." The newspaper has posted the trial court's order at this link. "The Times recommends Charlie Wiggins for state Supreme Court": Monday's edition of The Seattle Times will contain this editorial, in which the newspaper withdraws its recent earlier endorsement for this judicial post. Posted at 10:33 PM by Howard Bashman "Meet the lawyer who argued money is speech, and won": Greg Gordon of McClatchy Newspapers has this profile of attorney James Bopp Jr. Posted at 10:30 PM by Howard Bashman Justice Alito and the bobblehead dolls: Josh Blackman has a blog post titled "Supreme Court Historical Society Frank C. Jones Reenactment Series Lecture of Ware v. Hylton." According to Blackman's account, Justice Alito attended the event in person, instead of in bobblehead form. "Retired Supreme Court justice Stevens finds no justice in flag-burning decision": This article appeared Saturday in The Las Vegas Review-Journal. Posted at 01:42 PM by Howard Bashman "Texas Supreme Court rejects provision in law that protects one company from asbestos claims": Yesterday's edition of The Dallas Morning News contained an article that begins, "The Texas Supreme Court ruled Friday that a law specifically designed to protect one company from older asbestos claims was unconstitutional. The ruling in favor of a plaintiff was a bit of a surprise from the court, which has been criticized by trial lawyers for siding more often with business defendants in these kinds of cases." And The Houston Chronicle reported yesterday that "Justices reject tort reform provision; Firm denied protection from asbestos suit." Friday's ruling of the Supreme Court of Texas consisted of a majority opinion, two concurring opinions (here and here), and a dissenting opinion. In particular, the concurring opinion written by Justice Don R. Willett makes for a very interesting read. It begins: Litigants in our adversarial system are hard-wired for certitude, adept at insisting the law "clearly" or "plainly" favors their side or, as here, labeling the controlling analysis "straightforward and simple." If only. Today's case is both complex and consequential, and fiendishly so. The facts are compelling; the law is unclear; and the stakes are high, not just for these parties but also for our constitutional architecture that both confers and constrains governmental power.Justice Willett's concurring opinion also contains a Star Trek reference (click on the footnote link for the citation), as "The Supreme Court of Texas Blog" has noted. You can access the briefs on appeal via this link, and you can view video of the oral argument by clicking here. "A political fight provides N.J. Supreme Court with apolitical legal mind": Today's edition of The Newark (N.J.) Star-Ledger contains an article that begins, "While Gov. Chris Christie and state Senate President Stephen Sweeney continue their unprecedented political war over a Supreme Court seat, a quiet irony has unfolded. The seat has been filled by an apolitical judge neither man chose." Posted at 01:10 PM by Howard Bashman "Supremely Bad Judgment": Columnist Maureen Dowd has this op-ed today in The New York Times. Posted at 10:25 AM by Howard Bashman "David Beats Goliath, Phillies Out of Playoffs": Bill Baer has this post at the blog "Crashburn Alley." David Murphy of The Philadelphia Daily News has a blog post titled "Red Shocktober: It's All Over." And at MLB.com, Adam McCalvy has an article headlined "Silver lining for Phils: Big Three will be back; Halladay, Hamels and Oswalt to slot into top of 2011 rotation." Saturday, October 23, 2010 "Blind Attorney Goes From Supreme Court Clerk to Appellate Advocate": Tony Mauro of The National Law Journal has this report. Posted at 01:42 PM by Howard Bashman "Cell Phone Liability Lawsuits Pre-empted by FCC, 3rd Circuit Rules; Suit named 19 defendants, including all of the major cell phone manufacturers and providers, as well as two trade associations": Shannon P. Duffy will have this article in Monday's edition of The Legal Intelligencer. My earlier coverage of yesterday's Third Circuit ruling appears at this link. "Iowa court allows lawsuit over softball injuries": The Associated Press has a report that begins, "An Iowa law limiting lawsuits in contact sports doesn't prevent a softball player from suing a batter for injuries suffered when a bat hit him in the head, the state Supreme Court ruled Friday. The issue, the court said, is whether the batter's action were intentional or reckless, and a jury must decide that." You can access yesterday's ruling of the Supreme Court of Iowa at this link. Friday, October 22, 2010 "Clarence Thomas's credibility at issue again": Josh Gerstein has this article at Politico.com. Saturday's edition of The New York Times will contain an article headlined "Ex-Companion Details 'Real' Thomas." And ABCNews.com reports that "Justice Clarence Thomas' Former Lover Speaks Out on Relationship in TV Interview; Lillian McEwen Says Thomas Had 'Obsession with Porn,' Bolsters Anita Hill Testimony." "Court rejects suit over S.F.'s blast at Vatican": Bob Egelko of The San Francisco Chronicle has this news update. My earlier coverage of today's en banc Ninth Circuit ruling appears at this link. "Troy Davis and the appeal puzzle": Lyle Denniston has this post today at "SCOTUSblog." My related post from this morning can be accessed here. En banc Ninth Circuit affirms dismissal of lawsuit alleging that San Francisco supervisors unconstitutionally attacked the Catholic Church when they denounced a Vatican order prohibiting Catholic Charities from placing adoptive children with same-sex couples: You can access today's en banc ruling of the U.S. Court of Appeals for the Ninth Circuit at this link. In December 2009, Bob Egelko of The San Francisco Chronicle reported on the en banc reargument of the case in an article headlined "Catholic group takes on S.F. supes in court." The manner in which the en banc court determined the outcome of the case is rather interesting. The en banc panel consisted of 11 judges. By a vote of 6-5, the en banc court first holds that the plaintiffs have standing to bring the lawsuit. Three of the judges who joined in the majority on the issue of standing proceed to conclude, by means of a separate opinion, that the plaintiffs' claims fail on the merits. The vote of those three judges, combined with the five judges who would hold that plaintiffs lack standing to sue, produce a majority of eight judges to reject plaintiffs' claims. Third Circuit holds that federal law preempts lawsuit alleging cancer risk from cell phone use: You can access today's ruling of the U.S. Court of Appeals for the Third Circuit at this link. After the trial court issued its ruling in the case, which today's Third Circuit decision affirms, Shannon P. Duffy of The Legal Intelligencer had an article headlined "Federal Judge Dismisses Suit Alleging Cancer Risk From Cell Phone Use." "OJ Simpson appeal denied by Nevada Supreme Court": The Associated Press has a report that begins, "The Nevada Supreme Court refused Friday to overturn O.J. Simpson's armed robbery and kidnapping convictions stemming from a gunpoint Las Vegas hotel room heist." I have posted online today's ruling of the Supreme Court of Nevada at this link. "Appeals court wrestles with Abramoff-related case": Pete Yost of The Associated Press has this report. Posted at 11:48 AM by Howard Bashman "Supreme Court grants 'public interest' protection for press sources": Kirk Makin of The Toronto Globe and Mail has a news update that begins, "The Supreme Court of Canada has granted journalists in Quebec the right to protect confidential sources provided they can show it is in the public interest." You can access today's ruling of the Supreme Court of Canada at this link. Dangerous precaution -- Fifth Circuit reinstates lawsuit against department store in which the plaintiff alleges she tripped and fell over a plastic "wet floor" sign that an employee had negligently left in a high-traffic area of the store: You can access yesterday's ruling of the U.S. Court of Appeals for the Fifth Circuit at this link. Posted at 10:14 AM by Howard Bashman "Plaintiff Andrew Harley Speaker sued the Defendant United States Department of Health and Human Services Centers for Disease Control and Prevention for violating the Privacy Act by disclosing his identity and confidential medical information relating to the treatment of his tuberculosis." So begins an opinion that the U.S. Court of Appeals for the Eleventh Circuit issued today. Today's ruling reinstates Speaker's lawsuit, which an Atlanta-based federal district court had dismissed. In early news coverage, The Associated Press reports that "Patient in 2007 TB scare can go ahead with lawsuit." Earlier AP coverage of the lawsuit can be accessed here. Speaker is an attorney based in Atlanta. "Troy Davis must appeal directly to U.S. Supreme Court, judge rules; Federal judge rebuffs intermediate court review of latest ruling": This article appeared Wednesday in The Savannah Morning News. And online at The New Republic, Charles Lane has an article headlined "End of Innocence: The death penalty's self-defeating foes" (subscription required). "Press freedom hangs in the balance in case before Supreme Court": Kirk Makin has this article today in The Toronto Globe and Mail. The Supreme Court of Canada is expected to issue its ruling on the case today. "Two state Supreme Court justices stun some listeners with race comments": Today's edition of The Seattle Times contains an article that begins, "State Supreme Court justices Richard Sanders and James Johnson stunned some participants at a recent court meeting when they said African Americans are overrepresented in the prison population because they commit a disproportionate number of crimes." Posted at 08:25 AM by Howard Bashman "Attack ads target Illinois Supreme Court justice; Actors portraying the state's nastiest criminals 'explain' how Thomas Kilbride sided with them over their victims": This article appears today in The Chicago Tribune. Posted at 08:24 AM by Howard Bashman "Attorney Challenges Decision Made by Judge Who Was Arrested on Drug, Gun Charges; Judge's alleged drug use potentially clouded integrity of July 29 order denying $200,000 in legal fees, lawyer says": R. Robin McDonald of the Fulton County Daily Report has this article. And The Newnan (Ga.) Times-Herald reports today that "Judge OKs Camp case details be kept quiet." "Calling John Roberts": Linda Greenhouse has this post at the "Opinionator" blog of The New York Times. Posted at 08:10 AM by Howard Bashman "Lillian McEwen breaks her 19-year silence about Justice Clarence Thomas": Michael A. Fletcher has this article today in The Washington Post. The Los Angeles Times reports today that "Virginia Thomas' group backs off on calling healthcare law unconstitutional; Liberty Central, a group founded by the wife of Supreme Court Justice Clarence Thomas, blames staff errors for attaching her name to a memorandum that called for the repeal of the law." And The Brandeis Hoot contains an article headlined "Thomas' wife demands Hill apologize for confirmation charges" and an editorial entitled "Stop callin', we don't wanna talk anymore." Thursday, October 21, 2010 "Defendant in Triple-Murder Case Is Called Suicidal": This article appears today in The New York Times. The Hartford Courant reports today that "Testimony Portrays Steven Hayes As Drug-Addicted, Depressed, Suicidal." And The New Haven Register contains an article headlined "Witness: Hayes repeatedly tried to kill himself." "Macon lawyer chosen for appeals judgeship": Today's edition of The Macon Telegraph contains an article that begins, "Macon attorney Stephen Louis A. Dillard has been chosen to fill a vacancy on the Georgia Court of Appeals." Posted at 08:14 PM by Howard Bashman "Prisoner tells of collar bomb robbery plot in Pa." The Associated Press has this report. And The Erie (Pa.) Times-News has an update headlined "Barnes admits to lying, at first, in 'pizza bomber' trial." "Virginia Thomas' group backs off on calling healthcare law unconstitutional; Liberty Central, a group founded by the wife of Supreme Court Justice Clarence Thomas, blames staff errors for attaching her name to a memorandum and for another Web posting that called for the repeal of the law": The Los Angeles Times has this news update. Greg Stohr of Bloomberg News reports that "Thomas's Wife Removes Name From Health-Care Memo." And at ABCNews.com, Ariane de Vogue has an article headlined "More Controversy for Virginia Thomas; First Anita Hill, Now Health Reform Law; Liberty Central Pulls Memo By Wife of Justice Attacking Constitutionality of Health Care Legislation." "Virginia Thomas Backs Off Debate on the Constitution, Healthcare": Tony Mauro has this post at "The BLT: The Blog of Legal Times." Posted at 05:38 PM by Howard Bashman "Court: No Teacher Speech Rights on Curriculum." Mark Walsh has this post at Education Week's "School Law" blog about a ruling that the U.S. Court of Appeals for the Sixth Circuit issued today. Circuit Judge Jeffrey S. Sutton wrote the opinion on behalf of a unanimous three-judge panel. "Justice Thomas's wife doesn't shy from spotlight": Karen Tumulty and Kevin Merida have this front page article today in The Washington Post. Today's edition of The Boston Globe contains an editorial entitled "Virginia Thomas: Not everything is political." And Bloomberg News columnist Ann Woolner has an essay entitled "Clarence Thomas's Wife Dialed the Wrong Number." "Judge's 'don't ask, don't tell' order is put on hold; The U.S. 9th Circuit Court of Appeals temporarily stays the decision by Judge Virginia Phillips to ban enforcement of the policy that keeps gays from serving openly in the military": David G. Savage has this article today in The Los Angeles Times. In today's edition of The San Francisco Chronicle, Bob Egelko reports that "'Don't ask' discharges allowed by appeals court." The Washington Post contains an article headlined "Temporary reprieve for 'don't ask' policy." The New York Times reports that "Court Keeps Military Gay Policy for Now." In addition, Walter Dellinger has an op-ed entitled "How to Really End 'Don't Ask, Don't Tell.'" Evan Perez of The Wall Street Journal reports that "Appeals Court Keeps Military Gay Policy for Now." USA Today reports that "'Don't ask, don't tell' back in effect, again; Calif. court acts on U.S. request." McClatchy Newspapers report that "Appeals court temporarily reinstates military's gay ban." Warren Richey of The Christian Science Monitor reports that "'Don't ask, don't tell' back in force after appeals court issues stay; An appeals court decides that 'don't ask, don't tell' can temporarily remain in effect as legal proceedings continue; The Obama administration is appealing a ruling last week that 'don't ask, don't tell' must be abandoned immediately." Amanda Bronstad of The National Law Journal reports that "9th Circuit Grants Stay of 'Don't Ask, Don't Tell' Injunction." And Mark Sherman of The Associated Press has an article headlined "Why US lawyers fight for law on gays Obama opposes." "Ex-inmate: Roden was supposed to drive getaway car in 'pizza bomber' case." This article appears today in The Erie (Pa.) Times-News. Posted at 07:58 AM by Howard Bashman "Top state court drops mall's free speech challenge": Bob Egelko has this article today in The San Francisco Chronicle. Posted at 07:56 AM by Howard Bashman "Timetable Is Set for the Only Civil Trial in a 9/11 Death": The New York Times contains this article today. Posted at 07:28 AM by Howard Bashman "Your Court in Action": This editorial in favor of televising the proceedings of the U.S. Supreme Court appears today in The New York Times. Posted at 07:25 AM by Howard Bashman Wednesday, October 20, 2010 "John Roberts's America": At the "Opinionator" blog of The New York Times, Timothy Egan has a post that begins, " I wish Chief Justice John Roberts could spend a day and a night in the Rocky Mountains experiencing what his activist Supreme Court majority has dumped on the American voter in 2010." Posted at 10:27 PM by Howard Bashman "State says friendly game of poker OK; Opinion is change from historic interpretation of law": The Charleston (S.C.) Post and Courier today contains an article that begins, "The occasional game of private poker among friends does not violate the state's anti-gambling laws, the state attorney general's office said Tuesday, bringing a strange new twist to the kitchen-table-poker debate now before the S.C. Supreme Court. One of the office's top attorneys said infrequent, low-stakes, friendly games of cards are not illegal under South Carolina law, stepping back from the long-held assertion by some officials that betting on any game of chance is considered outlawed across the state." Posted at 08:54 PM by Howard Bashman "Justice Thomas' wife says healthcare law is unconstitutional; Virginia Thomas is working to repeal the law through Liberty Central, a conservative group she founded; Her husband, Justice Clarence Thomas, could provide a key vote to strike down the law": Kathleen Hennessey and David G. Savage will have this article Thursday in The Los Angeles Times. Posted at 08:11 PM by Howard Bashman "Appeals court keeps military gay policy for now": The Associated Press has a report that begins, "A federal appeals court on Wednesday granted a government request to temporarily freeze a judge's order telling the military to stop enforcing its ban on openly gay troops." The U.S. Court of Appeals for the Ninth Circuit has this web page devoted to the case. The order granting a temporary stay can be accessed here. "Seeking Apology, Justice Thomas's Wife Baffles Conservatives": Jess Bravin of The Wall Street Journal has this news update. Brad Knickerbocker of The Christian Science Monitor has an article headlined "Anita Hill vs. Virginia Thomas: Is an apology due 19 years later? Anita Hill accused Supreme Court Justice Clarence Thomas of sexual harassment in 1991; Virginia Thomas, the justice's wife, has now asked Anita Hill to apologize; She's also in the spotlight for her political activism." Thursday's issue of The Independent (UK) contains an article headlined "Sex scandal back to haunt judge after 20 years." And in Thursday's issue of The Washington Post, columnist Ruth Marcus will have an op-ed entitled "The never-ending Clarence Thomas saga." In the November 2010 issue of ABA Journal magazine: The magazine's cover story, written by Mark Curriden, is headlined "The Long Shot: A Cleveland solo's life is about to change as his practice expands from a spare bedroom in his apartment to the U.S. Supreme Court." And Mark Walsh has an article headlined "Mortal Combat: Video game makers fight for their right to be as bad as they wanna be." "Justice Thomas' wife is veteran political activist": Mark Sherman of The Associated Press has this report. Posted at 05:10 PM by Howard Bashman "Judge Camp decision challenged in vegan case; Appeal rests on contention the judge was using drugs": Bill Rankin of The Atlanta Journal-Constitution has this news update. Via this post at WSJ.com's "Law Blog," you can access some of the underlying documents filed in the case. "Virginia Thomas Cancels Radio Show Amid Controversy Over Her Call to Anita Hill": Tony Mauro has this post at "The BLT: The Blog of Legal Times." And online at Slate, Dahlia Lithwick has an essay entitled "Would You Like To Leave a Message? Why Ginni Thomas made that weird phone call to Anita Hill." "Expert Testifies Steven Hayes Hoped To Encourage Jury To Sentence Him To Death": The Hartford Courant has this news update. And The Associated Press has a report headlined "Dr.: Conn. home invasion defendant tried suicide." "Justices Scalia And Thomas's Attendance At Koch Event Sparks Judicial Ethics Debate": Sam Stein has this entry today at "The Huffington Post." Posted at 03:46 PM by Howard Bashman "Anita Hill's Lawyer 'Shocked' By Call From Thomas's Wife": This audio segment, featuring Charles Ogletree and Dahlia Lithwick, appeared on today's broadcast of NPR's "Tell Me More." Meanwhile, at the "News Desk" blog of The New Yorker, Andy Borowitz has a post titled "Shouts & Murmurs: Three Things to Do When Clarence Thomas's Wife Calls You." And Rollo Romig has a post titled "The Hill Telephone Hour." "Gov't seeks stay of 'Don't ask, don't tell' ruling": The Associated Press has this report. Posted at 12:15 PM by Howard Bashman "For chief justice of the U.S., it's a treat to be 'back home'; Roberts, in Canisius College lecture, discusses an era of change for the nation's highest court": This article appears today in The Buffalo News. And The Associated Press has a report headlined "Roberts: Attending State of Union up to each judge." "Prosecutors: Disclosure in Camp case could pose safety threat." Yesterday's edition of The Newnan (Ga.) Times-Herald contained an article that begins, "Federal prosecutors pursuing drug and firearms charges against Senior Judge Jack Camp -- a Coweta resident -- filed a motion last week requesting any discovery filed in Camp's case be used solely by Camp's defense attorneys." Posted at 10:30 AM by Howard Bashman "Appeal fails for Mo. man hit by fellow DUI suspect": The Associated Press has a report that begins, "A man who authorities say drunkenly wrecked his pickup truck and was sprawled injured on a road before being twice run over by another intoxicated driver isn't having much luck suing two law enforcers he claims failed to protect him." You can access Monday's ruling of the U.S. Court of Appeals for the Eighth Circuit at this link. "A Triple Murder in Connecticut, in a Defendant's Handwritten Words": This article appears today in The New York Times, along with an article headlined "Murder Trial Puts Death Penalty in Spotlight in Connecticut Campaigns." The Hartford Courant reports today that "Accomplice's Boastful, Detailed Writings Overshadow Testimony In Steven Hayes Case." And The New Haven Register reports that "Komisarjevsky's journals paint deadly picture." The newspaper has posted the journals online at this link. "Court Won't Reconsider Its Reversal of Death Penalty in Killing of 2 Officers": The New York Times contains this article today. The Staten Island Advance reports today that "Court rules convicted cop killer Ronell Wilson can't receive death penalty." The New York Post reports that "Appeals court won't reconsider tossing death penalty for cop-killer Ronnell Wilson." And The New York Daily News reports that "Court rejects request to rehear case against convicted cop killer." You can access yesterday's order of the U.S. Court of Appeals for the Second Circuit denying rehearing en banc, and the dissent therefrom, at this link. "Bomb expert closes out testimony for day in 'pizza bomber' trial": This article appears today in The Erie (Pa.) Times-News. Posted at 08:24 AM by Howard Bashman "Virginia Thomas seeks apology from Anita Hill": Michael A. Fletcher of The Washington Post has this news update. In today's edition of USA Today, Joan Biskupic reports that "Justice Thomas' wife seeks apology; Contacts professor Anita Hill, who once accused him of harassment." In today's edition of The Wall Street Journal, Jess Bravin reports that "Justice's Wife Seeks Apology From His Accuser." The Los Angeles Times reports that "Justice Thomas' wife asks Anita Hill for apology; She won't get one; The woman who 20 years ago accused him of sexual harassment stands by her testimony." The Boston Globe reports that "Justice's wife asks Anita Hill for apology; Brandeis professor stands by testimony." Greg Stohr of Bloomberg News reports that "Justice Clarence Thomas's Wife Calls Anita Hill, Offers Her 'Olive Branch.'" Reuters reports that "Justice Thomas's wife calls husband's accuser." And Nina Totenberg of NPR reports that "Justice Thomas' Wife Asks Anita Hill To Apologize." "More Judges Seem to Be Jumping the Gun on Clerkship Offers; There also seems to be a trend toward hiring law school alumni as clerks": Karen Sloan of The National Law Journal has this report. Posted at 07:40 AM by Howard Bashman Tuesday, October 19, 2010 "Clarence Thomas's Wife Asks Anita Hill for Apology": Charlie Savage will have this article Wednesday in The New York Times. And Mark Sherman of The Associated Press reports that "Justice Thomas' wife tries to contact Anita Hill." "Judge denies delay of ban on 'don't ask'": Josh Gerstein has this post at his "Under the Radar" blog at Politico.com. Posted at 09:10 PM by Howard Bashman "Virginia Thomas Leaves Anita Hill a Voicemail Asking for An Apology -- Hill Says No": ABCNews.com has this report. Charlie Savage and Tamar Lewin of The New York Times have a news update headlined "Thomas's Wife Reaches Out to Anita Hill." And online at The New Yorker, Jane Mayer -- co-author of the book "Strange Justice" -- has a blog post titled "Virginia Thomas's Message for Anita Hill." "In Writings Allowed Into Steven Hayes Trial, Accomplice Asks Forgiveness And Declares 'I Am Damned'": The Hartford Courant has this news update. The New Haven Register has a news update headlined "Komisarjevsky diaries to be introduced in Hayes trial." And The Associated Press reports that "Conn. home invasion defendant criticizes survivor." "AP Exclusive: Texas judge feels vindicated." The Associated Press has a report that begins, "Texas' top criminal judge said Tuesday she feels vindicated that a special court dismissed a public reprimand of her for closing her court and preventing lawyers from filing a last-minute appeal hours before their client was executed." Posted at 05:42 PM by Howard Bashman "Refused by Supreme Court: Is death row inmate mentally retarded? The lawyers of a Texas death row inmate say he is ineligible for capital punishment because he is mentally retarded, but judges have disagreed; The Supreme Court won't take up his appeal." Warren Richey of The Christian Science Monitor has this report. Posted at 10:11 AM by Howard Bashman "Felons denied hearing on bid to vote": Today's edition of The Boston Globe contains an article that begins, "The US Supreme Court has declined to hear a legal challenge to the Massachusetts Constitution's prohibition against voting by convicted felons in prison." And Warren Richey of The Christian Science Monitor reports that "Supreme Court rejects Massachusetts felons' voting rights challenge; Three Massachusetts felons alleged that the commonwealth violated the Voting Rights Act when it passed a referendum stripping incarcerated felons of the right to vote." "The Court's Pre-emption Test": The New York Times contains this editorial today. Posted at 08:11 AM by Howard Bashman "Witness reports reveal scheme in 'pizza bomber' plot": This article appears today in The Erie (Pa.) Times-News. Posted at 08:09 AM by Howard Bashman "Justice William Brennan, a liberal lion who wouldn't hire women": In Sunday's edition of The Washington Post, Pulitzer Prize-winning historian David J. Garrow had this review of the book "Justice Brennan: Liberal Champion" by Seth Stern and Stephen Wermiel. Posted at 08:02 AM by Howard Bashman "Judge Sharon Keller Speaks Out About Dismissal of Misconduct Charges": Mary Alice Robbins of Texas Lawyer has this report. Posted at 08:00 AM by Howard Bashman Monday, October 18, 2010 "Court throws out NCAA Final Four 'lottery' ruling": Reuters has a report that begins, "A federal appeals court halted a lawsuit accusing the National Collegiate Athletic Association of running an illegal lottery in allocating seats to basketball's Final Four and other popular sports tournaments. Citing potential 'far-reaching effects' from a ruling on the distribution of coveted tickets, the 7th U.S. Circuit Court of Appeals in Chicago threw out Monday its July ruling that revived a proposed nationwide class-action lawsuit by fans. The Seventh Circuit asked the Indiana Supreme Court to assess whether NCAA ticketing constituted an unlawful lottery under that state's law. The NCAA is based in Indianapolis." You can access today's per curiam decision of the U.S. Court of Appeals for the Seventh Circuit on panel rehearing at this link. My earlier coverage of the panel's now-vacated original ruling can be accessed here. Update: In other coverage, Bloomberg News reports that "Appeals Court Voids Earlier NCAA Lottery Ruling, Seeks Help on Indiana Law." "En banc Second Circuit rejects Apprendi challenge to NY persistent felony statute": Law professor Doug Berman has this post at his "Sentencing Law and Policy" blog about an en banc ruling that the U.S. Court of Appeals for the Second Circuit issued today. Of note in today's Second Circuit ruling, the majority uses "en banc," while the dissent uses "in banc." "Supreme Court to decide whether Ashcroft can be sued by detained citizen": Robert Barnes of The Washington Post has this news update. David G. Savage of The Los Angeles Times has a news update headlined "Supreme Court to decide civil liberties suit against John Ashcroft; The former attorney general is accused of misusing the law to arrest terrorism suspects under false pretenses; The Obama administration is appealing, saying that allowing such a case to go to trial would 'severely damage law enforcement.'" Joan Biskupic of USA Today has a news update headlined "Supreme Court to hear former AG's appeal on 9/11 policy." Warren Richey of The Christian Science Monitor reports that "Supreme Court to hear Ashcroft appeal of US Muslim's detention; A lower court has allowed a suit by an American Muslim, detained without charge in 2003 as a suspected material witness, to proceed against former Attorney General John Ashcroft; The Supreme Court says it will consider Ashcroft's appeal." And Greg Stohr of Bloomberg News reports that "Ashcroft to Get High Court Review of Lawsuit by Man Held as Terror Witness." In tomorrow's issue of Pennsylvania Law Weekly: Tomorrow's issue of Pennsylvania Law Weeky, a publication of The Legal Intelligencer, will contain articles about two appeals on which I have worked. Gina Passarella will have an article headlined "Court Upholds $27 Mil. Verdict in Lackawanna Birth Defect Case." My earlier coverage of the ruling appears at this link. And Amaris Elliott-Engel will have an article headlined "Public Must Benefit From Use of Private Roads, Justices Rule." My earlier coverage of the ruling appears at this link. "A 10th Amendment Drama Fit for Daytime TV": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times. Posted at 11:44 AM by Howard Bashman "Hayes jury to decide: Life or Death." This article appears today in The New Haven Register, along with an article headlined "Criminal minds: It took both Hayes and Komisarjevsky to raise danger quotient in triple homicide, experts say." The New York Times has a news update headlined "Triple-Murder Case Penalty Phase Starts." The Hartford Courant has a news update headlined "Defense: 2nd Defendant Will Loom Large In Penalty Phase Of Hayes' Trial." In addition, yesterday's newspaper contained an article headlined "Steven Hayes: A Life In And Out Of Prison." And The Associated Press reports that "Jury weighs death in fatal Conn. home invasion." "Justices to Hear Suit of Ashcroft Over Detention": Adam Liptak of The New York Times has this news update. Posted at 11:34 AM by Howard Bashman Access online today's Order List of the U.S. Supreme Court: It is available at this link. The Court today granted review in one case. In Pitre v. Cain, No. 09-9515, Justice Sonia Sotomayor issued a dissent from the denial of certiorari. In early news coverage, The Associated Press reports that "Court will hear appeal of ex-AG to stop lawsuit"; "High court turns down Mass. felons' appeal"; "Court refuses request for open filings"; and "Court won't review claim of mental impairment." And at "SCOTUSblog," Lyle Denniston has a post titled "Ashcroft case granted." Access the transcript of Brian Lamb's interview of Justice Stephen G. Breyer on last night's broadcast of C-SPAN's "Q & A": The transcript is available at this link. Posted at 07:56 AM by Howard Bashman "Death, DNA and the Supreme Court": This editorial appears today in The New York Times. Posted at 07:52 AM by Howard Bashman "Justices to weigh all cards in poker case": The Charleston (S.C.) Post and Courier today contains an article that begins, "The running battle over whether poker is a game of luck or skill heads to the S.C. Supreme Court on Tuesday, and the state's top judges will determine if the public should be allowed to shuffle up and deal in the privacy of their own homes." Posted at 07:48 AM by Howard Bashman "The Movie That Made a Supreme Court Justice": Today's edition of The New York Times contains this article. Posted at 07:44 AM by Howard Bashman Sunday, October 17, 2010 "A Juror's Blog Chronicle Stirs an Age-Old Question": This article will appear Monday in The New York Times. Posted at 10:48 PM by Howard Bashman "Woman convicted in Seattle ecoterror case released": The Associated Press has a report that begins, "A woman in prison for helping a notorious 2001 Seattle ecoterror attack has been released a month after a federal appeals court overturned her conviction." My earlier coverage of last month's Ninth Circuit ruling appears at this link. "Under the U.S. Supreme Court: Funeral protesting pastor may win." UPI has this report. Posted at 08:44 PM by Howard Bashman "In important cases, Supreme Court outcomes sometimes determined by a single word": Robert Barnes will have this article Monday in The Washington Post. Posted at 08:40 PM by Howard Bashman "In court of public opinion, U.S. justices mostly get it right; Since the panel's tilt to the right four years ago, Americans tend to agree with its key rulings, a survey shows": David G. Savage has this article today in The Los Angeles Times. Posted at 08:16 PM by Howard Bashman "Discovery of GPS tracker becomes privacy issue": The Associated Press has this report. Posted at 08:07 PM by Howard Bashman Saturday, October 16, 2010 "A Grisly Murder Trial, in 140-Character Bits": This article appears today in The New York Times. Posted at 01:50 PM by Howard Bashman "Long Battle by Foes of Campaign Finance Rules Shifts Landscape": Eric Lichtblau has this article today in The New York Times. Posted at 01:47 PM by Howard Bashman "Court to rethink rule on day workers seeking jobs": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "In a case that could affect dozens of communities in California, a federal appeals court agreed Friday to reconsider a ruling allowing cities to prohibit day laborers from soliciting work from passing drivers." You can access yesterday's order of the U.S. Court of Appeals for the Ninth Circuit granting rehearing en banc at this link. My post on the original three-judge panel's ruling can be accessed here. Therein, I observed that "This case may be a strong candidate for rehearing en banc as the dispositive vote on the three-judge panel came from a U.S. District Judge sitting by designation." "Supreme Court notebook: State of Union no-show." Mark Sherman of The Associated Press has this report. On Wednesday, Justice Samuel A. Alito, Jr. delivered the Wriston Lecture at the Manhattan Institute. You can view video of Justice Alito's address, titled "Let Judges Be Judges," by clicking here. Friday, October 15, 2010 "Reported plea deal in Guantanamo case draws fire": The Associated Press has this report. Posted at 05:33 PM by Howard Bashman "Appeals court upholds 'silent reflection' in Ill. schools": The Chicago Tribune has a news update that begins, "A federal appeals court in Chicago today ruled as constitutional an Illinois law requiring a moment of 'silent reflection' at the start of each public school day. The opinion overturns a lower court's ruling in 2008 that had declared the law unconstitutional." You can access today's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Seventh Circuit at this link. My earlier coverage of the federal district court's entry of a preliminary injunction in the case can be accessed here. "A twist on equality laws: Pittsfield initiative focuses on right to doff shirts." Today's edition of The Boston Globe contains an article that begins, "In Katherine Gundelfinger's view, women should have 'equal access to sunshine.' That means being able to walk or bike shirtless through downtown, or bathe at Onota Lake wearing only a pair of bikini bottoms." Posted at 02:38 PM by Howard Bashman "Appeals court affirms MFA's right to painting allegedly sold under Nazi duress": The Boston Globe has this news update. And The Associated Press has a report headlined "Court: Mass. museum can keep work sold in Nazi era." You can access yesterday's ruling of the U.S. Court of Appeals for the First Circuit at this link. "Craigslist killing verdict upheld; The state Supreme Court said Michael J. Anderson got a fair trial in the murder of Katherine Olson": The Minneapolis Star Tribune today contains this article reporting on a ruling that the Supreme Court of Minnesota issued yesterday. Posted at 10:24 AM by Howard Bashman "Stark differences between State Supreme Court candidates Richard Sanders and Charlie Wiggins": Today's edition of The Seattle Times contains an article that begins, "Usually a staid affair, the race for State Supreme Court between incumbent Richard Sanders and challenger Charlie Wiggins is marked by sharp words and differences between the candidates." Posted at 10:14 AM by Howard Bashman "Judge Rejects Defense Request In Hayes Case; Rules That Cost Of Prison Vs. Execution Can't Be Mitigating Factor At Trial's Penalty Phase": This article appears today in The Hartford Courant. And The New Haven Register reports today that "Death penalty's cost to be no factor in Hayes case." "Lawyers discuss Khadr plea to avert Guantanamo 'child-soldier' trial; An Army judge postponed Canadian Omar Khadr's Guantanamo trial by a week as lawyers seek a plea deal": Carol Rosenberg has this article today in The Miami Herald. In today's edition of The New York Times, Charlie Savage reports that "Judge Delays Resumption of Guantanamo Trial." Jess Bravin of The Wall Street Journal reports that "Gitmo Defendant in Plea Talks." The Toronto Globe and Mail reports that "Plea deal, repatriation possible for Khadr." The Toronto Star reports that "Khadr trial delayed to finalize plea deal." And The Associated Press reports that "Lawyers working on deal for youngest at Guantanamo." "Neb. abortion restrictions based on fetal pain": The Associated Press has a report that begins, "Bolstered by unique abortion restrictions that took effect in his home state of Nebraska on Friday, U.S. Sen. Mike Johanns is pushing for a new federal discussion of the notion of fetal pain." Posted at 08:16 AM by Howard Bashman "Opening statements set for today in 'pizza bomber' case": This article appears today in The Erie (Pa.) Times-News. Posted at 08:12 AM by Howard Bashman "Judge-cum-Comedian's Appeal Tests N.J. Court System's Sense of Humor": law.com has this report. Posted at 08:11 AM by Howard Bashman Thursday, October 14, 2010 Fifth Circuit holds that the Americans with Disabilities Act does not validly abrogate state sovereign immunity with regard to the claims of disabled inmates who were denied access to prison educational and work programs: You can access today's ruling of the U.S. Court of Appeals for the Fifth Circuit at this link. Posted at 11:00 PM by Howard Bashman "Judges to Rule on Child Porn Question in Stelmack Case; Former principal pasted girls' faces on images of nude adult bodies": This article appears today in The Lakeland (Fla.) Ledger. Posted at 10:38 PM by Howard Bashman "Conn. judge: Jury can't consider execution cost." The Associated Press has this report. Posted at 11:50 AM by Howard Bashman "Federal appeals court upholds Texas pledge wording": The Associated Press has a report that begins, "A federal appeals court has rejected a Dallas-area parent's bid to have 'under God' removed from the Texas pledge of allegiance that is recited every day by public schoolchildren." My earlier coverage of yesterday's Fifth Circuit ruling appears at this link. "Sandra Day O'Connor on Judicial Elections, Supreme Court's New Players": Yesterday's broadcast of the PBS program "NewsHour" included this segment (transcript with link to video). Posted at 08:35 AM by Howard Bashman "Jury selection continues in Diehl-Armstrong trial": This article appears today in The Erie (Pa.) Times-News. Posted at 08:27 AM by Howard Bashman "U.S. Supreme Court Faces Word Puzzle in Job Bias Case": Marcia Coyle of The National Law Journal has this report. Posted at 08:22 AM by Howard Bashman "High Court Weighs Death Row Inmate's DNA Query": Adam Liptak has this article today in The New York Times. In today's edition of The Washington Post, Robert Barnes reports that "Drama is missing in DNA death row case." David G. Savage of The Los Angeles Times reports that "Supreme Court struggles with DNA testing issue; Texas inmate Hank Skinner was once an hour away from execution when the high court intervened; Now the justices consider whether new DNA testing can be allowed of old evidence in a long-ago trial." Joan Biskupic of USA Today reports that "Case weighs inmate civil rights; Convict's argument centers on DNA testing denied under state law." The Washington Times reports that "Supreme Court hears case of Texas death row inmates." Warren Richey of The Christian Science Monitor has an article headlined "Supreme Court: Can death row inmate force state to do more DNA testing? The Supreme Court agreed to take the case of a man on Texas' death row; He wants the state to do DNA tests on other, untested evidence he says would prove his innocence; A victory would make it easier for convicted criminals to continue to fight convictions." And The Daily Northwestern reports that "The Medill Innocence Project meets the U.S. Supreme Court; Court hears oral arguments in case of Hank Skinner, which Innocence Project researched for 10 years." "Judge Says He'll Rule Thursday On Hayes Defense Motion; Lawyers Seeking To Use Cost Of Execution In Penalty Phase Arguments": This article appears today in The Hartford Courant. Today's edition of The New Haven Register contains an article headlined "Keeping Hayes alive will save state millions, lawyer argues." And The Wall Street Journal reports that "Killings Fuel Election Debate." "Giving Back Your Constitution: What the court needs, Breyer's new book says, is an engaged public." Dahlia Lithwick has this book review online at Slate. Posted at 08:05 AM by Howard Bashman "Ray, Neu to oppose effort to dump 3 Iowa justices": This article appears today in The Des Moines Register. Posted at 07:54 AM by Howard Bashman "Colleagues: Judge in gay court case not 'activist.'" The Associated Press has a report that begins, "The federal judge who halted the military's ban on openly gay troops is known for working at court well past closing time, typing her own court orders and doting on two terriers who themselves are no strangers to the halls of justice." Today's edition of The Los Angeles Times reports that "Legal scholars debate judge's ruling on 'don't ask, don't tell'; They are divided on whether the ruling lifting the ban on gay troops applies to all service members; The Justice Department is expected to appeal." Today's edition of The New York Times contains an article headlined "Unexpected Turns for Suit Over 'Don't Ask' Rule." The Washington Post reports that "Administration is expected to appeal 'don't ask' injunction." And Ginny LaRoe of The Recorder reports that "'Don't Ask' Ruling Puts 9th Circuit Back in Gay-Rights Spotlight." Wednesday, October 13, 2010 "Obama considers fast appeal of gays-military order": The Associated Press has this report. Posted at 10:52 PM by Howard Bashman "Fifth Circuit Upholds Texas Pledge of Allegiance; Federal appeals court rejects plaintiffs' constitutional challenge to the State pledge": The Texas Attorney General's Office has issued this news release about a ruling that the U.S. Court of Appeals for the Fifth Circuit issued today. Posted at 10:44 PM by Howard Bashman "6 names on list for chief of SJC; Patrick decision could come soon": Today's edition of The Boston Globe contains an article that begins, "The short list of candidates to replace Margaret H. Marshall, the retiring chief justice of the state Supreme Judicial Court, includes a federal court judge, a state Appeals Court justice, and three associate justices of the SJC, people familiar with the selection process said yesterday." Posted at 10:20 PM by Howard Bashman "Supreme Court hears convict's appeal in DNA case": The Associated Press has this report. You can access the transcript of today's U.S. Supreme Court oral argument in Skinner v. Switzer, No. 09-9000, by clicking here. Oral versus verbal: The Associated Press reports that "Court grapples with verbal v. written complaints." You can access the transcript of today's U.S. Supreme Court oral argument in Kasten v. Saint-Gobain Performance Plastics Corp., No. 09-834, by clicking here. Of course, written complaints can themselves be verbal when such complaints consist of written words. "Vaccine Case Before Justices Turns on the Language of a Law": Adam Liptak has this article today in The New York Times. And The Pittsburgh Post-Gazette reports today that "Mt. Lebanon vaccine case heard by Supreme Court." "No jurors picked yet in 'pizza bomber' trial": This article appears today in The Erie (Pa.) Times-News. Posted at 11:52 AM by Howard Bashman "Steven Hayes Defense Outlines High Cost Of Putting Someone To Death": The Hartford Courant has this news update. And The Associated Press reports that "Conn. judge hears arguments on death penalty cost." "The Appellate Safety Valve: When Courts of Last Resort Decide To Overrule Precedent Sua Sponte." That's the title of this month's installment of my "Upon Further Review" column, which appeared in Monday's edition of The Legal Intelligencer, Philadelphia's daily newspaper for lawyers. The column focuses on a decision that the Supreme Court of Pennsylvania issued on September 29, 2010 following reargument in a case captioned Freed v. Geisinger Medical Ctr. That ruling conisted of a majority opinion, a concurring opinion, and two dissenting opinions (here and here). "Lackawanna County doctor loses appeal in landmark malpractice case": This article appears today in The Scranton (Pa.) Times-Tribune. As very careful readers of this blog may recall, I briefed this case on behalf of the plaintiffs-appellees and presented oral argument on appeal in May 2010. Plaintiffs' appellate brief and earlier news coverage can be accessed via this post. You can access yesterday's non-precedential ruling of the Superior Court of Pennsylvania at this link. "Gore vs. the Supreme Court: The justices and the 'CSI effect.'" Columnist Dana Milbank has this op-ed today in The Washington Post. Posted at 07:38 AM by Howard Bashman "Ternus decries anti-judge vote": Today's edition of The Des Moines Register contains an article that begins, "Iowa Supreme Court Chief Justice Marsha Ternus on Tuesday said that efforts to unseat justices because of last year's gay-marriage ruling are an attempt to intimidate judges and force the opponents' political beliefs on the courts." Posted at 07:36 AM by Howard Bashman "U.S. Supreme Court to hear Oneida Indian Nation foreclosure case": The Utica Observer-Dispatch contains this article today. Posted at 07:34 AM by Howard Bashman "Supreme Court to hear Lansdale woman's appeal of terrorism conviction in domestic dispute": This article appears today in The Philadelphia Inquirer. Today's edition of The Philadelphia Daily News contains an article headlined "Should Lansdale housewife have faced federal charge?" And Warren Richey of The Christian Science Monitor has an article headlined "Chemical weapon attack or domestic dispute? Supreme Court will decide." "9th Circuit upholds Washington's campaign-disclosure laws": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued yesterday. Posted at 07:18 AM by Howard Bashman Tuesday, October 12, 2010 "NASA contractors want retraction from Justice Department": The Washington Post has a news update that begins, "Contractors working for NASA are calling on Acting Solicitor General Neal Katyal to retract statements made last week to the Supreme Court regarding which agency facilities the contractors can access with their identification badges." Posted at 11:09 PM by Howard Bashman "Justice Thomas and His Wife": This editorial appears today in The New York Times. Posted at 11:07 PM by Howard Bashman "Supreme Court weighs whether parents can sue vaccine makers; Congress set up a fund years ago to compensate parents whose children suffered bad side effects; judges have said that law bars lawsuits against manufacturers": David G. Savage will have this article Wednesday in The Los Angeles Times. Robert Barnes of The Washington Post has a news update headlined "Justices divided on allowing lawsuits in childhood vaccine cases." In Wednesday's edition of USA Today, Joan Biskupic will have an article headlined "Case tests vaccine court vs. state-law claims." The Washington Times has a news update headlined "Supreme Court considers consequences in vaccine case." Warren Richey of The Christian Science Monitor reports that "Supreme Court appears split by infant vaccination case; The Supreme Court hears arguments in a lawsuit filed against the manufacturer of a vaccine that left a 6 month old girl developmentally impaired." Tony Mauro of The National Law Journal reports that "High Court Superstars Take Shots in Vaccine Case." Bill Mears of CNN.com reports that "High court divided over vaccine safety appeal." Greg Stohr of Bloomberg News reports that "Vaccine Makers Get Mixed Reception From U.S. Justices." Reuters reports that "Confused Supreme Court to decide on vaccine suits." And this evening's broadcast of NPR's "All Things Considered" contained an audio segment entitled "Supreme Court Hears Case On Vaccine Lawsuits" featuring Nina Totenberg. "Feds appeal Mass. rulings against US marriage law": The Associated Press has this report. Bloomberg News reports that "U.S. Appeals Ruling That Threw Out Defense of Marriage Act." Reuters reports that "Obama administration appeals gay marriage ruling." And at his "Under the Radar" blog at Politico.com, Josh Gerstein has a post titled "Obama admin. appeals DOMA ruling." "High court hears case about vaccine side effects": Mark Sherman of The Associated Press has this report. Update: You can access the transcript of today's U.S. Supreme Court oral argument in Bruesewitz v. Wyeth, Inc., No. 09-152, by clicking here. "D.C. Circuit Pick Discloses Income, Political Contacts": David Ingram has this post at "The BLT: The Blog of Legal Times." Posted at 03:15 PM by Howard Bashman "Court to rule on child interviews": Lyle Denniston has this post at "SCOTUSblog." And at the "School Law" blog of Education Week, Mark Walsh has a post titled "Justices to Weigh Police Questioning at School." "Collar bomb trial set to begin in Erie": Today in The Pittsburgh Post-Gazette, Paula Reed Ward has an article that begins, "More than seven years after a ghastly crime in Erie caught the world's attention, the final defendant in the case is scheduled to go on trial this week. Jury selection in the case against Marjorie Diehl Armstrong, 61, accused of being the mastermind in a plot in which a man wearing a collar bomb was used in a bank robbery, begins Tuesday." Yesterday's edition of The Erie Times-News reported that "Diehl-Armstrong trial likely to reveal mysteries of 'pizza bomber' case." And The Associated Press reports that "Trial starting in bizarre Pa. collar-bomb case." Access online today's Order List of the U.S. Supreme Court: It is available at this link. The Court today granted review in six cases and requested the views of the Solicitor General in one case. In addition, the Court will schedule oral argument in due course on an exception to the Special Master's First Interim Report in an original jurisdiction case. In Weise v. Casper, No. 10-67, Justice Ruth Bader Ginsburg issued an opinion dissenting from the denial of certiorari, in which opinion Justice Sonia Sotomayor joined. In early news coverage, The Associated Press has reports headlined "Court: Do in-school interviews require warrants?"; "Court: Does terrorism law apply to jealous wife"; "Court sends back Buddhist temple killing case"; "Court won't reconsider tax targeting nude bars"; "Court rejects appeal of 2 ejected from Bush event"; and "Court won't stop hormone replacement lawsuits." Monday, October 11, 2010 "A Lone Stance on Ad Spending: Montana Is Seeking to Uphold Campaign-Funding Curbs Jeopardized by a Supreme Court Ruling." Jess Bravin will have this article Tuesday in The Wall Street Journal. Posted at 10:24 PM by Howard Bashman "Special court throws out Keller charges": Chuck Lindell of The Austin American-Statesman has a blog post that begins, "A special court of review has thrown out the public rebuke given to Presiding Judge Sharon Keller, who had been admonished for closing the Court of Criminal Appeals to an after-hours appeal from an inmate facing imminent execution." The San Antonio Express-News has an update headlined "Court dismisses sanction against Keller." And The Associated Press reports that "Reprimand tossed for 'We close at 5' Texas judge." You can access today's ruling at this link. "Vaccine Case to Be Heard by Justices": This article will appear Tuesday in The New York Times. Posted at 07:50 PM by Howard Bashman "Vanity Plates, the First Amendment, and a Judge on the Rise": Andrew Cohen has this essay at "Politics Daily." Posted at 09:54 AM by Howard Bashman "Vaccine makers targeted in lawsuit; Hannah Bruesewitz's parents think a DPT vaccination caused the child's seizure disorder, but the vaccine maker is protected from suits by federal law": Paula Reed Ward has this article today in The Pittsburgh Post-Gazette. Posted at 07:20 AM by Howard Bashman "Law punishing fake heroes may go to Supreme Court": The Associated Press has this report. Posted at 07:12 AM by Howard Bashman Sunday, October 10, 2010 "Hayes' lawyer will argue death penalty too costly; Prosecutor calls tactic 'irrelevant'": Saturday's edition of The New Haven Register contained an article that begins, "With the start of the penalty phase of the Steven Hayes trial a little over a week away, attorneys for the former Winsted man have filed legal papers indicating they will use an economic argument to keep their client from being put to death for the murders of Jennifer Hawke-Petit and her two daughters." Posted at 10:08 PM by Howard Bashman "Getting to Five": In the Sunday Book Review section of today's edition of The New York Times, Dahlia Lithwick has this review of the book "Justice Brennan: Liberal Champion" by Seth Stern and Stephen Wermiel. And in today's edition of The Newark Star-Ledger, Stewart Pollock -- formerly a Justice on the Supreme Court of New Jersey -- has a review of the book headlined "Newark native judged by his belief that human dignity was a right." "Goering, a museum and Nazi-looted art": Michael Kirkland of UPI has a report that begins, "How many years, how many laws or court rulings, how many regulations does it take to wash the tragedy from a work of art? What makes an artwork -- stolen from desperate people, part of what would become the largest claim of restitution involving Nazi theft -- clean enough to be kept in a museum? The U.S. Supreme Court may have a try at finding out." Posted at 04:35 PM by Howard Bashman "Seamy allegations don't fit Jack Camp's courtly life": This front page article appears today in The Atlanta Journal-Constitution. And in today's edition of The Times-Picayune of New Orleans, columnist James Gill has an essay entitled "Judges gone wild all over the South." "The Competition for Supreme Court Cases": Orin Kerr has this post at "The Volokh Conspiracy." Posted at 03:17 PM by Howard Bashman "In Topeka, the Price of Free Speech": In today's edition of The New York Times, A.G. Sulzberger has an article that begins, "As the United States Supreme Court heard arguments last week over a small church that pickets the funerals of dead soldiers, comparisons quickly emerged to an earlier test of the bounds of the First Amendment: a 1977 decision that American neo-Nazis had a right to march through a Chicago suburb where many Holocaust survivors lived." Posted at 10:09 AM by Howard Bashman "Specialists' Help at Supreme Court Can Come With a Catch": Adam Liptak has this front page article today in The New York Times. Posted at 09:48 AM by Howard Bashman Saturday, October 9, 2010 "Vt. man wins religious vanity plates case appeal": The Associated Press has this report. And Mark Hamblett of the New York Law Journal reports that "2nd Circuit Overturns Religious License Plate Restriction." My earlier coverage of yesterday's Second Circuit ruling appears at this link. "Lawyers React With Shock and Disbelief to Federal Judge's Drug Arrest; In months leading up to Judge Jack T. Camp's arrest, lawyers say they saw model jurist -- tough, fair, no signs of drug use": Janet L. Conley will have this article Monday in the Fulton County Daily Report. And The Associated Press reports that "Prominent judge tapped to oversee Camp case." "Recusals and the Court": This editorial appeared yesterday in The New York Times. Posted at 08:04 PM by Howard Bashman "No right to counsel during interrogation: top court." In today's edition of The Toronto Globe and Mail, Kirk Makin has an article that begins, "Police are winning the unceasing war over the rights of suspected criminals on a major battleground -- the Supreme Court of Canada. In a ruling full of friction between a bare majority of judges wanting to avoid hampering officers in their work and a minority fighting for the rights of the accused, the court said on Friday that while suspects have a right to consult a lawyer and to be informed of that right, they don't have a right to legal counsel while they are being interrogated." The newspaper also contains an editorial entitled "The right to counsel, diminished." The Vancouver Sun reports today that "Supreme Court restricts right to have a lawyer during police questioning." The Vernon Morning Star reports that "Court denies manslaughter appeal." The Toronto Sun contains an article headlined "No right to 'lawyer up', Supreme Court rules." The Canadian Press has a report headlined "No right to lawyer during questioning, says top court." And Postmedia News has a report headlined "No right to lawyer during police interrogation: Supreme Court." You can access yesterday's 5-4 ruling of the Supreme Court of Canada at this link. "Alabama Supreme Court stats show Tom Parker continues to trail in productivity": The Mobile Press-Register contains an article that begins, "Alabama Supreme Court Justice Tom Parker continues to lag far behind his colleagues in productivity, according to statistics released by the court this week." Posted at 07:44 PM by Howard Bashman "Trial by attire: Supreme Court look should go with everything we believe in." In today's edition of The Washington Post, Robin Givhan has an essay that begins, "Thankfully, the newest member of the Supreme Court, Justice Elena Kagan, declined to mar her elegant black robe with a lace scarf, lady's tie or any other doilylike frippery for the high court's annual class portrait." Posted at 07:38 PM by Howard Bashman "The Battle Cry of a Supreme Court Wife: When Ginnni Thomas rails against Washington elites, does it include her husband?" Dahlia Lithwick has this jurisprudence essay online at Slate. In related news coverage, today's edition of The New York Times contains a front page article headlined "Activism of Thomas's Wife Could Raise Judicial Issues." And at Newsweek's web site, Lisa Miller has an article headlined "Sweet Virginia: The wife of Justice Clarence Thomas is a Tea Party activist; Together, they're the right's new power couple." "Confirmation Warriors: What's the endgame for Obama's judicial nominees?" Doug Kendall has this jurisprudence essay online at Slate. Posted at 05:52 PM by Howard Bashman "Making Congress All It Can Be": Linda Greenhouse has this post at the "Opinionator" blog of The New York Times. Posted at 05:50 PM by Howard Bashman "AP interview: Breyer unsure about cameras at court." Mark Sherman of The Associated Press has this report. Posted at 05:48 PM by Howard Bashman Friday, October 8, 2010 The first batch of same-week U.S. Supreme Court oral argument audio recordings are now available: You can access the audio recordings from this week's oral arguments via this link. Posted at 02:45 PM by Howard Bashman "[W]e conclude that Vermont's ban on all vanity plate combinations that 'refer, in any language, to a . . . religion' or 'deity' constitutes unconstitutional viewpoint discrimination": So holds a three-judge panel of the U.S. Court of Appeals for the Second Circuit in a ruling issued today. The case arose after Vermont rejected the plaintiff's request for a vanity licence plate consisting of "JN36TN," referring to the oft-quoted Biblical verse John 3:16. "Appeals court favors secrecy in Gitmo case": The Associated Press has this report on a ruling (containing many redactions) that the U.S. Court of Appeals for the D.C. Circuit made public on Wednesday. Posted at 11:04 AM by Howard Bashman "Stripper in federal judge scandal ID'd": This article appears today in The Atlanta Journal-Constitution. And The Mobile Press-Register reports today that "Judge in Eddie Smith case arrested on drug charges." Thursday, October 7, 2010 "Justice Breyer: 'Now, I'm Probably More in Dissent.'" This segment appeared on this evening's broadcast of PBS "NewsHour." And Tony Mauro of The National Law Journal has an article headlined "Justice Breyer on Originalism, the Media and the Court." "Supreme Court Building's 75th Anniversary": Lee Ross has this blog post at FOXNews.com. Posted at 11:18 PM by Howard Bashman "Federal judge upholds key provisions of health care law": The Detroit Free Press has a news update that begins, "A federal judge in Detroit today upheld key provisions of President Barack Obama's landmark health reform law." And Friday's edition of The New York Times will contain an article headlined "Judge Rules Health Law Is Constitutional." You can access today's ruling of the U.S. District Court for the Eastern District of Michigan at this link. "Ruling threatens civilian prosecutions of terrorism defendants; A judge in New York has blocked testimony from a key witness against Ahmed Khalfan Ghailani, being tried in connection with the 1998 U.S. Embassy bombings in Africa": David G. Savage and Richard A. Serrano of The Los Angeles Times have this news update. Posted at 10:46 PM by Howard Bashman "Let cameras in courts, chief appeals judge says": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "It's time to allow television cameras into the nation's courtrooms 'to give the public a full and fair picture of what goes on,' says the chief judge of the federal appeals court in San Francisco -- with a swipe at the U.S. Supreme Court for blocking video coverage of the Proposition 8 trial." Posted at 10:45 PM by Howard Bashman The Cockle Law Brief Printing Company has launched an interesting new blog called "The CockleBur": You can access it at this link. Posted at 10:22 PM by Howard Bashman "9th Circuit upholds Wash. ban on voting by inmates": The Associated Press has this report on a ruling that the en banc U.S. Court of Appeals for the Ninth Circuit issued late today. The decision consists of a per curiam opinion, a concurring opinion, and an opinion concurring in the judgment. In commentary available online from the First Amendment Center: Tony Mauro has an essay entitled "Lawyer ably represents family, First Amendment." And David L. Hudson Jr. has an essay entitled "Kagan asks key question in Snyder v. Phelps arguments." "Justice Brennan: Liberal Champion; Two journalists examine the life and legacy of William Brennan, the liberal Supreme Court justice who left his mark on the US Constitution." Chuck Leddy has this book review online at the web site of The Christian Science Monitor. Posted at 08:07 AM by Howard Bashman "Justices question DA's liability for misconduct": This article appears today in USA Today. The Washington Times reports today that "High court questions settlement for exonerated man." And Tony Mauro of The National Law Journal reports that "Justices Appear Ready to Hold New Orleans Prosecutors Liable for Misconduct." "Supreme Court Starts Term With 51% Approval; High court's approval rating is down from 2009, but exceeds that of other two branches": Gallup has issued this news release. You can access the poll data by clicking here. Posted at 08:00 AM by Howard Bashman "Breyer Says U.S. Supreme Court No More Pro-Business Than Previous Courts": Greg Stohr of Bloomberg News has this report. Posted at 07:55 AM by Howard Bashman "Supreme Court ruling will clarify government's right to keep Canadians in the dark": Today in The Toronto Globe and Mail, Kirk Makin has an article that begins, "The power of top elected officials to withhold documents from public scrutiny hangs in the balance as the Supreme Court of Canada hears a crucial appeal involving access to sensitive information." Posted at 07:54 AM by Howard Bashman "Cheshire Home Invasion Has Some Rethinking Opposition To Death Penalty": This article appears today in The Hartford Courant. Posted at 07:40 AM by Howard Bashman "Strip club concerned feds permitted illegal acts": Today's edition of The Atlanta Journal-Constitution contains an article that begins, "A lawyer for the strip club at which a federal judge is accused of buying illegal drugs and sex voiced concern Wednesday that federal investigators permitted their informant to commit illegal acts at the club." Posted at 07:32 AM by Howard Bashman Wednesday, October 6, 2010 "Up in Their Grill: The Westboro Baptist Church politely shows the court how to be obnoxious." Dahlia Lithwick has this Supreme Court dispatch online at Slate. Posted at 10:40 PM by Howard Bashman "Justices Hear Arguments in Funeral-Protest Case": Adam Liptak of The New York Times has this news update. Robert Barnes of The Washington Post has a news update headlined "Court considers Westboro Baptist Church's anti-gay protests at military funerals." David G. Savage of The Los Angeles Times has a news update headlined "Justices appear set to limit funeral protests; In a case testing the boundaries of free speech, the Supreme Court hears arguments in the matter of a dead Marine's family that was targeted by protesters; Justice Breyer says the court's ruling will have an impact on the Internet, since it tests whether personal attacks can lead to lawsuits." The Washington Times has a news update headlined "Supreme Court hears arguments on church protests at military funerals." The York Daily Record has a news update headlined "In Snyder v. Phelps, court put lawyers on the spot; Supreme Court justices asked a flurry of questions to try to figure out the broader implications of the case." Bill Mears of CNN.com reports that "Justices hear case of anti-gay protests at military funerals." And this evening's broadcast of NPR's "All Things Considered" contained an audio segment entitled "High Court Weighs Protests At Military Funerals" featuring Nina Totenberg. "Westboro Baptist Church's Surreal Day in Court": Online at The Atlantic, law professor Garrett Epps has a blog post that begins, "More often than one would expect, oral argument in front of the Supreme Court resembles a Celebrity Deathmatch between Lionel Hutz of The Simpsons and Ned Racine of Body Heat. Lawyers with no Supreme Court experience sometimes insist on going to the Show. The result can be a halting hour of argument that sometimes resembles the 1945 World Series, between two teams so war-depleted that sportswriter Warren Brown said, 'I don't think either one of them can win it.'" Posted at 05:54 PM by Howard Bashman "Justice Alito has emerged as the Court's most insightful and strategic questioner at argument." So writes CBS News correspondent Jan Crawford at her "Crossroads" blog in a post titled "Funeral Protests and a Free Speech Free-for-All." Posted at 05:46 PM by Howard Bashman "Brewer opposes foreign countries' participation in appeal": Today's edition of The Arizona Republic contains an article that begins, "Gov. Jan Brewer filed a motion in the U.S. Court of Appeals for the 9th Circuit Tuesday opposing efforts by nearly a dozen foreign countries to weigh in on Arizona's new immigration law." Posted at 05:40 PM by Howard Bashman "Lawsuit over immigrants' tuition goes before state Supreme Court; The panel is reviewing a lower court's ruling that federal law preempts a state law giving illegal immigrants who graduate from California high schools the much lower in-state tuition rate at public colleges": Maura Dolan has this article today in Los Angeles Times. And The Fresno Bee reports today that "Valley students get supreme lesson in justice; California Supreme Court special outreach holds session in Fresno." "Convictions on 16 Counts in Triple-Murder Case": Today's edition of The New York Times contains an article that begins, "A former parolee with a long history as a petty criminal was convicted of capital crimes on Tuesday for his part in a nighttime home invasion in Cheshire, Conn., three years ago that left a woman and her two daughters dead." Today's edition of The Hartford Courant contains articles headlined "Jury Finds Steven Hayes Guilty, Now Must Decide If He Lives Or Dies" and "In Cheshire, Relieved To Hear A Guilty Verdict; Sentiment Tends To Favor Death Sentence." In addition, columnist Helen Ubinas has an essay entitled "Survivor of Cheshire Home Invasion Has Lessons For Us All." The New Haven Register contains an article headlined "Life or Death: Hayes found guilty on 16 counts, penalty phase of trial next" and an editorial entitled "Death penalty for Hayes." The Wall Street Journal reports that "Death Penalty Possible in Connecticut." And The Associated Press has an article headlined "Could Conn. home-invasion killer escape execution?" "Justice Brennan forever changed the court's architecture": Columnist Ruth Marcus has this op-ed today in The Washington Post. Posted at 04:37 PM by Howard Bashman "Court seems skeptical on $14 million judgment": The Associated Press has a report that begins, "The Supreme Court may reconsider a $14 million judgment to a former death row inmate who accused New Orleans prosecutors of withholding evidence to help convict him of murder." Posted at 02:20 PM by Howard Bashman "Justices struggle with free speech, funeral protests": Joan Biskupic of USA Today has this news update. Jess Bravin of The Wall Street Journal has a news update headlined "High Court Hears Free-Speech Case." The Topeka Capital-Journal has a news update headlined "Justices question picket practices." James Vicini of Reuters reports that "Court considers anti-gay protests at funerals." Greg Stohr of Bloomberg News reports that "Church's Funeral Protest Tests Free-Speech Limits at U.S. Supreme Court." At "SCOTUSblog," Lyle Denniston has a post titled "Argument recap: Does emotion win?" And The Washington Post has a news update headlined "Westboro Baptist Church case draws protesters at Supreme Court." You can access the transcript of today's U.S. Supreme Court oral argument in Snyder v. Phelps, No. 09-751, by clicking here. "A look at the Supreme Court on the first day of their new term with Jeffrey Toobin of CNN & 'The New Yorker' and Adam Liptak of 'The New York Times'": You can access the video of Monday's broadcast of "The Charlie Rose Show" by clicking here. Posted at 01:33 PM by Howard Bashman "High court struggles with funeral protest case": Mark Sherman of The Associated Press has this report. Posted at 11:42 AM by Howard Bashman "Judge Bars Major Witness From Civilian Terrorism Trial": The New York Times has a news update that begins, "Minutes before a major terrorism trial was about to begin, a federal judge barred prosecutors in Manhattan on Wednesday from using a key witness. The government had acknowledged it learned about the witness from the defendant, Ahmed Khalfan Ghailani, while he was being interrogated while being held in a secret overseas jail run by the C.I.A. The ruling by Judge Lewis A. Kaplan would be a setback for the Obama administration's goal of trying former detainees in civilian courts because it would limit the kinds of evidence that prosecutors can introduce." And The Associated Press reports that "Judge bans key witness from detainee's NY trial." "Lawsuit against Fred Phelps poses First Amendment test": This article appears today in The Kansas City Star. The Topeka Capital-Journal reports today that "Phelpses hit streets in D.C.; More than 20 followers picket White House before Wednesday's oral arguments." The Patriot-News of Harrisburg, Pennsylvania contains an article headlined "Testing the boundaries of free speech; An area attorney with a role in today's arguments calls a church's protest at the military funeral of a York man's son a 'vicious attack" on a grieving family." Today's broadcast of NPR's "Morning Edition" contained an audio segment entitled "Family Asks High Court To Limit Funeral Protests" featuring Nina Totenberg. Mark Sherman of The Associated Press reports that "High court to hear military funeral protest case." And The Los Angeles Times contains an editorial entitled "The right to speak offensively: The Supreme Court should rule in favor of the Westboro Baptist Church, which protests at the funerals of soldiers, saying that their deaths are God's punishment for tolerance of homosexuality." "Prosecuting offices' immunity tested; Supreme Court set to hear a case that considers whether prosecutors' employers can be held accountable for not preventing misconduct": Brad Heath and Kevin McCoy have this article today in USA Today. Posted at 07:55 AM by Howard Bashman "Stubborn high court resists cameras; you miss history": Tony Mauro has this op-ed today in USA Today. Posted at 07:52 AM by Howard Bashman "Courts Deal With Fallout of Judge's Arrest on Drug and Gun Charges; Chief justice taps temporary judge to oversee case against Judge Jack T. Camp": R. Robin McDonald has this article today in the Fulton County Daily Report. Today's edition of The Newnan (Ga.) Times-Herald contains an article headlined "Lawyer: Camp 'deeply concerned.'" And The Associated Press has an article headlined "FBI: Stripper, drugs, guns and judge don't mix." "Challenge to Background Checks Falters": Adam Liptak has this article today in The New York Times. And Marcia Coyle of The National Law Journal reports that "Justices Consider Limits on Employer Background Checks in NASA Case." "All Federal Circuit Vacancies Now Have Nominees, but Quick Confirmation Unlikely": Sheri Qualters of The National Law Journal has this report. Posted at 07:25 AM by Howard Bashman Tuesday, October 5, 2010 "Anti-gay church's lawyer study in contradictions": The Associated Press has this report. Posted at 10:28 PM by Howard Bashman "Judge's hometown, legal community stunned by arrest": The Atlanta Journal-Constitution has this news update. Posted at 10:18 PM by Howard Bashman "Supreme Court debates privacy rights and government's role as employer": Robert Barnes of The Washington Post has this news update. Joan Biskupic of USA Today has a news update headlined "High court hears scientists' challenge to background checks." And Warren Richey of The Christian Science Monitor reports that "Supreme Court weighs need for background checks for NASA scientists; Top scientists at a NASA lab say government background checks aren't necessary and violate their right to privacy; At a Supreme Court hearing Tuesday, justices questioned their position." "Innocent on Death Row -- This week at the Supreme Court: Can a man exonerated of capital murder sue the prosecutor who convicted him?" John Hollway has this jurisprudence essay online at Slate. Posted at 08:32 PM by Howard Bashman "Court to rule on tuition break for illegals": Bob Egelko of The San Francisco Chronicle has a news update that begins, "The issue of benefits for illegal immigrants landed at the state Supreme Court on Tuesday, as out-of-state students challenged a law allowing anyone who has graduated from a California high school to pay in-state tuition at a public university, regardless of immigration status." Posted at 08:30 PM by Howard Bashman "LA County defends child abuse listing": David G. Savage of The Los Angeles Times has a news update that begins, "A lawyer for Los Angeles County told the U.S. Supreme Court Tuesday that the failure to remove a wrongly accused couple from California's index of reported child abusers was the state's responsibility, not the county's." Posted at 08:24 PM by Howard Bashman "Justices skeptical of Caltech scientists' privacy claims; The Supreme Court hears the case of 28 scientists working at the Jet Propulsion Laboratory who are challenging the government's use of background checks to learn about their personal lives, including past drug use": David G. Savage of The Los Angeles Times has this news update. And Jesse J. Holland of The Associated Press reports that "Supreme Court grapples with NASA privacy questions." Update: At "SCOTUSblog," Lyle Denniston has a post titled "Argument recap: Caution on privacy." You can access the transcript of today's U.S. Supreme Court oral argument in NASA v. Nelson, No. 09-530, by clicking here. "Steven Hayes Guilty On 16 Of 17 Counts; Eligible For Death Penalty In Cheshire Home Invasion Case": The Hartford Courant has this news update. The New York Times has a news update headlined "Triple Murder Case Yields Convictions on 16 of 17 Counts." The New Haven Register has a news update headlined "Hayes guilty of capital felony; Faces death penalty in Petit slayings." And The Associated Press reports that "Conn. man thanks jurors in deadly home invasion." "High Court to Hone in on 9th Circuit; A Third of Cases to Be Reviewed This Term Arise From Nation's Biggest Circuit": Lawrence Hurley had this article yesterday in The Daily Journal of California. Posted at 10:22 AM by Howard Bashman "Supreme Court's conservative majority is making its mark; The conservative justices' influence on constitutional law isn't likely to end soon, no matter who wins the White House in 2012": Erwin Chemerinsky had this op-ed yesterday in The Los Angeles Times. Posted at 08:27 AM by Howard Bashman "All Eyes on Kagan as Court Opens Its Term": Adam Liptak has this article today in The New York Times. In today's edition of The Washington Post, Robert Barnes reports that "On her first day as justice, Kagan finds a comfort zone." David G. Savage of The Los Angeles Times reports that "Supreme Court starts new term with Elena Kagan on bench; The newest justice will have to skip many early cases because she worked on them as solicitor general." Joan Biskupic of USA Today reports that "Justices slip into routine as they do robes; Kagan fits in on first day of high court." Michael Doyle of McClatchy Newspapers reports that "On first day, Kagan fills chamber with queries, comments." And Bill Mears of CNN.com reports that "Justice Kagan makes her mark on day one, then has to go." "Supreme Court set to hear NASA privacy case": The Associated Press has this report. The Pasadena Star-News reports today that "Supreme Court to hear JPL privacy case." And in today's edition of The Los Angeles Times, Dennis V. Byrnes has an op-ed entitled "The moon, Mars and now the Supreme Court: A Jet Propulsion Laboratory scientist whose career started on the Apollo program in 1968 heads to Washington to fight background checks for NASA's JPL staffers." "Federal judge charged with buying drugs from stripper": This article appears today in The Atlanta Journal-Constitution. The New York Times reports today that "Federal Judge Faces Charges in Drug Case." The Newnan (Ga.) Times-Herald contains an article headlined "Drug, firearms charges against Judge Jack Camp." The Fulton County Daily Report contains an article headlined "Alleged Liaisons With Stripper Lead to Judge's Arrest on Drug, Gun Charges; FBI: Senior judge was implicated by stripper who recorded their conversations." And CNN.com reports that "U.S. judge bought drugs for stripper, feds say." "Anti-gay church, grieving father square off over free speech, privacy": Bill Mears of CNN.com has this report. And at "SCOTUSblog," Lyle Denniston has a post titled "Argument preview: Protest vs. privacy." "Junk car or work of art? Supreme Court declines free speech fight; The Supreme Court on Monday declined to take the case of a Texas businessman who says a 1988 Oldsmobile in front of his store is art, not subject to a city junk-vehicle ordinance." Warren Richey of The Christian Science Monitor has this report. Posted at 07:52 AM by Howard Bashman "Hayes jury resumes work today after asking questions on evidence in Petit slayings": The New Haven Register contains this article today. The Hartford Courant reports today that "Steven Hayes Jurors End Deliberations For Day, To Return Tuesday Morning." The newspaper posted the jury charge online at this link. And The New York Times reports that "Deliberations Begin in Connecticut Murder Case." "An Illegal Search, by GPS": This editorial appears today in The New York Times. Posted at 07:45 AM by Howard Bashman Monday, October 4, 2010 "Business in front of the Supreme Court": This audio segment (transcript with link to audio) featuring Dahlia Lithwick appeared on today's broadcast of American Public Media's "Marketplace." Posted at 10:58 PM by Howard Bashman Fifth Circuit grants rehearing en banc in same-sex adoption case involving the State of Louisiana and the legal doctrine of full faith and credit: In February 2010, The Times-Picayune of New Orleans published an article that begins, "A federal appeals court Thursday ordered the state to issue a birth certificate to two men who adopted a Louisiana-born baby boy in 2006 only to have the registrar of vital statistics refuse to give them the document because they were unmarried." You can access the unanimous ruling of a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit from February 2010 at this link. Thereafter, The Times-Picayune published articles headlined "State to appeal gay adoption ruling" and "Attorney general presses appeal over birth record; Judges ordered new one listing 2 fathers." By means of an order dated last Friday but filed as of record today, the Fifth Circuit granted Louisiana's petition for rehearing en banc in the case. "Justice Stevens: Life On The High Court." This audio segment featuring Nina Totenberg appeared on this evening's broadcast of NPR's "All Things Considered." Posted at 08:54 PM by Howard Bashman "Federal judge charged with buying drugs from stripper": The Atlanta Journal-Constitution has this news update. The newspaper has posted the criminal complaint at this link. And The Associated Press reports that "Ga. federal judge arrested on drug, gun charges." "New high court era: Kagan makes 3 women on bench." Mark Sherman of The Associated Press has this report. Posted at 03:40 PM by Howard Bashman "US views sought in Iraqi contractor torture case; Lawsuit filed in 2004 over Abu Ghraib jail mistreatment; At issue is whether military contractors have immunity": James Vicini of Reuters has this report. Greg Stohr of Bloomberg News reports that "Abu Ghraib Case Involving Private Contractors Draws Top Court's Interest." The Associated Press reports that "High court wants Justice brief on Abu Ghraib suit." And at "SCOTUSblog," Lyle Denniston has a post titled "Exploring a torture case, and others." "Brennan's Biographer Took His Time": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times. And on a somewhat related theme, in the October 11, 2010 issue of The New Yorker, James Surowiecki has an interesting essay entitled "Later: What does procrastination tell us about ourselves?" "In USC vs. USC, Supreme Court action favors West Coast; A 13-year trademark battle ends as the high court lets stand a ruling that the 'SC' logo belongs to the University of Southern California, not the University of South Carolina": David G. Savage of The Los Angeles Times has this news update. Posted at 01:26 PM by Howard Bashman "Kagan asks questions at first high court argument": The Associated Press has this report. Posted at 01:24 PM by Howard Bashman Access online today's Order List of the U.S. Supreme Court: It is available at this link. The Court has requested the views of the Acting Solicitor General on seven cases. In early news coverage, The Associated Press has reports headlined "High court won't hear appeal from 9/11 families"; "Court refuses to hear appeal from reputed Klansman"; "Court won't hear appeal from Adelphia founders"; "US Supreme Court rejects Miss. corruption case"; "Court won't hear appeal of religious song ban"; "Court: NSA doesn't have to say if it has records"; "Court won't get into battle between 2 USCs"; "Court won't hear appeal from condemned soldier"; "Court won't hear appeal on 9/11 prosecution"; "High court won't review Georgia capital case"; "High court turns down online tobacco seller"; "Court won't let prosecutors use dad's statements"; "Court turns down church appeal in genocide lawsuit"; "Court won't hear UN sex harassment case"; and "Court won't spare Apex from oil spill clean up." "Judge David Nelson a 'truly good man'": The Cincinnati Enquirer has an obituary that begins, " Judge David Nelson, who retired from the U.S. Court of Appeals in 2006, was the gold standard for the Sixth Circuit, his successor said. And in his personal life, his family called him a great father, loving husband and an inspiration. Judge Nelson died Friday night at his home in Indian Hill. He was 78." Posted at 09:54 AM by Howard Bashman "New Supreme Court term opens with new justice": The Associated Press has this report. Posted at 09:42 AM by Howard Bashman "William J. Brennan: Children, This Is What a Progressive Justice Looked Like." Law professor Garrett Epps has this essay online at The Atlantic. Today is the official publication date of the book "Justice Brennan: Liberal Champion" by Seth Stern and Stephen Wermiel. "Funeral protests could upend common view of free speech; As the Supreme Court starts a new term, justices will decided whether hurtful words aimed at the grieving families of dead U.S. troops are protected by the 1st Amendment": David G. Savage has this article today in The Los Angeles Times. Yesterday's edition of The York (Pa.) Sunday News contained articles headlined "What the Supreme Court sees in Snyder v. Phelps: The Court's eventual ruling about protestors at a military funeral could have broad consequences" and "Westboro prepares for its biggest stage; Declining membership aside, church spreads its message of doom." And Greg Stohr of Bloomberg News reports that "'Pope in Hell' Funeral Protest Sparks U.S. Supreme Court Free-Speech Clash." "New Supreme Court term begins; Kagan to recuse from dozens of cases": Bill Mears of CNN.com has this report. And at National Review Online, law professor Jonathan H. Adler has an essay entitled "Kagan's Court Debut: Will the new justice have much effect on what could be a sleeper term?" "Iowa Poll: Retention of justices a tossup." This article appears today in The Des Moines Register. Posted at 07:58 AM by Howard Bashman "Watch as We Make This Law Disappear: How the Roberts Court disguises its conservatism." Law professor Barry Friedman and Dahlia Lithwick have this jurisprudence essay online at Slate. Posted at 07:54 AM by Howard Bashman "Justice Stevens: An Open Mind On A Changed Court." Nina Totenberg had this audio segment on today's broadcast of NPR's "Morning Edition." Posted at 07:50 AM by Howard Bashman Sunday, October 3, 2010 "Kagan's recusals take her out of action in many of the Supreme Court's cases": Robert Barnes will have this article Monday in The Washington Post. Warren Richey of The Christian Science Monitor reports that "US Supreme Court opens with historic changes; The Supreme Court is in the midst of a significant transformation after eleven years with the same lineup of justices; Since 2005, four new members have joined the court, two on the conservative side and two on the liberal side." And Monday's edition of The New York Times will contain an editorial entitled "First Monday." "Law school brings Alito to UK": The Kentucky Kernel, the student newspaper of the University of Kentucky, has this report. Posted at 10:32 PM by Howard Bashman "Under the U.S. Supreme Court: Does Ginsburg still have the fire?" Michael Kirkland of UPI has this report. Posted at 10:30 PM by Howard Bashman "After Supreme Court, Stevens looks back and forward": Joan Biskupic will have this article Monday in USA Today. Posted at 10:28 PM by Howard Bashman "Unflappable Judge Blue called 'perfect fit' to run Hayes trial": This article appears today in The New Haven Register. Posted at 08:37 PM by Howard Bashman "Supreme Court to hear NASA privacy case": The Associated Press has this report. And at "SCOTUSblog," Lyle Denniston has a post titled "Argument preview: Personal privacy." "Five Justices, Vice President Attend Red Mass": Tony Mauro has this post at "The BLT: The Blog of Legal Times." Posted at 01:48 PM by Howard Bashman "Stolen Valor group works to uncover military impostors": Torsten Ove has this article today in The Pittsburgh Post-Gazette. The Associated Press reports that "Feds try to save law punishing military phonies." And at law.com, Joel Cohen and Katherine A. Helm have an essay entitled "The Truth Police." "Three Colorado high court justices face stiff retention opposition": Felisa Cardona has this article today in The Denver Post. Posted at 10:48 AM by Howard Bashman "Several Arizona cases await U.S. Supreme Court in new session": Howard Fischer has this article today in The East Valley Tribune. Posted at 10:36 AM by Howard Bashman "Supreme Court: Will justices allow medical residents to work tax-free?" Harriet Robbins Ost of UPI has this report. Posted at 10:30 AM by Howard Bashman "U.S. court term has free-speech, immigration cases; First term for Justice Elena Kagan, an Obama appointee; Nine-member court remains closely divided; Conservative majority with four liberals": James Vicini of Reuters has this report. Posted at 10:27 AM by Howard Bashman Saturday, October 2, 2010 "Justices' Term Offers Hot Issues and Future Hints": Adam Liptak will have this article Sunday in The New York Times. And in Sunday's edition of The Washington Post, Robert Barnes will have an article headlined "Supreme Court opens term with three women, potential for partisan divide." "Kentucky-born wife of Justice Alito speaks to UK audience": The Lexington Herald-Leader has this news update. Posted at 10:22 PM by Howard Bashman "Ks.: Long history before high court; It's not Brown v. Board, but Snyder v. Phelps could be one of Kansas' most significant cases before Supreme Court." This article will appear Sunday in The Topeka Capital-Journal. Posted at 10:15 PM by Howard Bashman "The Roberts Court, Version 4.0": Linda Greenhouse has this post today at the "Opinionator" blog of The New York Times. Posted at 10:14 PM by Howard Bashman "At the Lectern: Practicing Before the California Supreme Court." Over the summer, the Horvitz & Levy law firm launched this appellate-related blog. Posted at 01:24 PM by Howard Bashman "Defendant Ignited Fire, Cheshire Prosecutor Tells Jury": This article appears today in The New York Times. Today's edition of The New Haven Register contains an article headlined "Prosecutor: Petit home became 'house of terror and horror' during home invasion." And The Hartford Courant contains an article headlined "Hayes Defense: State Didn't Prove He Intended To Kill Petit Children; Both Sides Make Closing Arguments; Juror Excused For Medical Reasons." "Raising a big stink? Try the rat." Today's edition of The Washington Post contains this front page article. Posted at 01:18 PM by Howard Bashman "Florida Supreme Court might use some of appeal court's 'Taj Mahal'": This article appears today in The St. Petersburg Times. Posted at 01:14 PM by Howard Bashman "Free speech cases at top of Supreme Court's agenda": Mark Sherman of The Associated Press has this report. Marcia Coyle of The National Law Journal has an article headlined "On the High Court's Fall Docket, Few Blockbusters -- but Plenty to Watch." And Warren Richey of The Christian Science Monitor has an article headlined "Free speech: Westboro church Supreme Court case tests First Amendment; A Supreme Court case challenging the Westboro Baptist Church anti-gay protests will test the limits of free speech, with First Amendment implications for other forms of expression such as Quran burning and racist demonstrations." Friday, October 1, 2010 Michael Doyle of McClatchy Newspapers is reporting: He has articles headlined "Kagan won't help Supreme Court decide many of this term's cases" and "Westboro Baptist's funeral protests put free speech to test." Posted at 10:02 PM by Howard Bashman "Is Justice O'Connor Really Still a Judge?" Ed Whelan has this post at National Review Online's "Bench Memos" blog. Posted at 05:22 PM by Howard Bashman "Elena Kagan takes her place on high court bench": The Associated Press has this report. And at "SCOTUSblog," Lyle Denniston has a post titled "Kagan joins the bench." "Ninth Circuit Sanctions Attorney Who Filed Kozinski Complaint": Metropolitan News-Enterprise today has an article that begins, "The Ninth Circuit Judicial Council yesterday sanctioned Beverly Hills attorney Cyrus Sanai, saying he had filed frivolous complaints against 19 federal judges. The court ordered that any further misconduct complaints filed by Sanai, best known as the lawyer whose discovery of sexually explicit material on Ninth Circuit Chief Judge Alex Kozinski's personal website led to the judge being admonished, be submitted to the court for review prior to being filed." My earlier coverage of yesterday's order appears at this link. Federal Circuit decides Chippendales' "Cuff & Collar" appeal: According to today's ruling of the U.S. Court of Appeals for the Federal Circuit: The applicant, Chippendales, is in the business of providing adult entertainment services for women. It opened its first strip club in Los Angeles in 1978. In 1979, Chippendales performers began wearing an abbreviated tuxedo--wrist cuffs and a bowtie collar without a shirt--as part of their act. This costume, referred to as the "Cuffs & Collar," was featured prominently in Chippendales' advertising and performances over the past several decades.Prior coverage of this case from "The TTABlog" can be accessed here, here, here, and here. You can access the ruling of the Trademark Trial and Appeal Board in this matter, which today's Federal Circuit decision affirms, at this link. Posted at 11:44 AM by Howard Bashman "Closing Arguments Begin In Steven Hayes Trial; Loss Of Another Juror Leaves Case With 2 Alternates": The New Haven Register has this news update. And The Associated Press reports that "Final arguments set for Conn. home invasion trial." Supreme Court of Pennsylvania issues its ruling in a case presenting the question whether Pennsylvania's Private Road Act is an unconstitutional taking of property for a private purpose in violation of the Pennsylvania Constitution: Yesterday's 4-3 ruling consists of a majority opinion and a dissenting opinion. This is the case in which I signed an amicus brief written by Paul Wolfson, Rachel Brand, and Steve Lehotsky of WilmerHale on behalf of the Institute for Justice. That amicus brief is cited on page 11 of the majority opinion (which is page 13 of the PDF file). "Major case to visit Fresno with California Supreme Court; State's top court in town to explore issue of college fees": Today's edition of The Fresno Bee contains an article that begins, "For the first time in eight years, the California Supreme Court is coming to Fresno -- and it's bringing along a high-profile case that could affect college students across the country." Posted at 07:45 AM by Howard Bashman "All Rise: Supreme Court's Geekiest Generation Begins." David Kravets has this post at Wired.com's "Threat Level" blog. Posted at 07:40 AM by Howard Bashman 
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