“Secrecy at Issue in Suits Opposing Domestic Spying”: Adam Liptak will have this article Friday in The New York Times.

“Composition and Control of the Supreme Court”: ABC News correspondent Jan Crawford Greenburg was interviewed about her new book Tuesday on the public radio program “Fresh Air with Terry Gross.” You can listen to the 25-minute segment by clicking here (RealPlayer required).

And at the blog “First Movers,” Nico Jacobellis writes of the book that “it’s really really, I mean just fascinatingly, good.”

Crook’s conviction on one count of theft of funds by an agent of an organization receiving federal program funds is affirmed by the U.S. Court of Appeals for the Tenth Circuit: You can access today’s non-precedential ruling in United States v. Vicky L. Crook by clicking here.

The opinion explains that the current conviction was obtained after a hung jury at an earlier trial had failed to convict Crook on fifteen counts of theft of public money in violation of a different federal criminal statute, demonstrating that Crook’s guilt was not fait accompli despite her surname.

“Cheney Official Testifies at CIA Leak Trial”: This audio segment (RealPlayer required) appeared on this evening’s broadcast of NPR‘s “All Things Considered.”

“No Exit”: In the February 15, 2007 issue of The New York Review of Books, Joseph Lelyveld will have an essay that begins, “The Bush administration seems never to have put it quite so baldly but in its rush to consolidate its authority after the terrorist attacks of September 11, it came close to asserting the power of the commander in chief to declare anyone in the world, of whatever citizenship or location, ‘an unlawful enemy combatant’ and–solely on the basis of that designation–to detain the person indefinitely without charge, beyond reach of any court.”

“The hair-splitter in chief”: Today in The Fort Worth Star-Telegram, columnist Linda P. Campbell has an op-ed that begins, “Justice Robert Jackson famously wrote in 1949 that the Bill of Rights isn’t ‘a suicide pact.’ But loyalty to George W. Bush increasingly seems to be one — at least in the way that Attorney General Alberto Gonzales reads the Constitution.”

“Specter v. Gonzales: Senator Specter still misunderstands habeas corpus.” Adam J. White has this essay online at The Weekly Standard.

And at the blog “Balkinization,” Law Professor Jack M. Balkin has a post titled “Habeas Corpus and the Tyranny Gap.”

“Abortion Doctor’s Killer Convicted Again”: The Associated Press provides a report that begins, “A man already serving time in a state prison for the sniper-shooting death of a doctor was convicted Thursday on a federal charge of targeting and killing the man because he provided abortions.”

“Former Dictator Noriega to Be Released”: This audio segment (RealPlayer required) appeared on today’s broadcast of NPR‘s “Day to Day.”

“Government secrecy, threat to press examined”: The First Amendment Center has today issued a news release that begins, “A new First Amendment Center report examines the rising conflicts between the federal government and the press over matters of secrecy, leaks and threats to prosecute journalists for espionage or treason for reporting classified information.”

You can access the report — “Government Secrecy vs. Freedom of the Press,” by Law Professors Geoffrey R. Stone and Stephen I. Vladeck — by clicking here.

“Court Hears Arguments in McDermott Case”: The Associated Press provides this report on today’s en banc oral argument before the U.S. Court of Appeals for the D.C. Circuit.

“This is a case about fish and other aquatic organisms.” A lengthy opinion that the U.S. Court of Appeals for the Second Circuit issued today begins:

This is a case about fish and other aquatic organisms. Power plants and other industrial operations withdraw billions of gallons of water from the nation’s waterways each day to cool their facilities. The flow of water into these plants traps (or ‘impinges’) large aquatic organisms against grills or screens, which cover the intake structures, and draws (or ‘entrains’) small aquatic organisms into the cooling mechanism; the resulting impingement and entrainment from these operations kill or injure billions of aquatic organisms every year. Petitioners here challenge a rule promulgated by the Environmental Protection Agency pursuant to section 316(b) of the Clean Water Act that is intended to protect fish, shellfish, and other aquatic organisms from being harmed or killed by regulating ‘cooling water intake structures’ at large, existing power-producing facilities.

You can access the complete ruling at this link.

Harper v. Poway to go away? Federal district court dismisses anti-gay T-shirt case: The San Diego Union-Tribune reports today that “Poway schools win T-shirt case; Federal judge turns down student claims.”

And The North County Times reports today that “Poway teens lose T-shirt lawsuit against school district.”

You can access yesterday’s ruling of the U.S. District Court for the Southern District of California at this link.

Eighth Circuit, in non-precedential ruling, reinstates intervenor status for two pregnancy crisis centers in challenge to a South Dakota’s abortion informed consent law: You can access today’s ruling at this link. The ruling will allow the crisis centers to continue to participate in appellate proceedings in the Eighth Circuit, which earlier this month granted rehearing en banc to reconsider a federal district court’s entry of a preliminary injunction suspending enforcement of the law.

“It is well settled that a panel of the court of appeals may depart from circuit precedent based on an intervening opinion of the Supreme Court that undermines the prior precedent. But what of the situation where an intervening decision of the Supreme Court is filed while a similar case is under submission in the court of appeals, and the Supreme Court’s new pronouncement is unnoticed by the panel?” Eighth Circuit Judge Steven M. Colloton — whose lovely wife was at last night’s book launch party in Washington, DC, bringing back fond memories of last summer’s visit to Brainerd, Minnesota — has today issued an interesting dissenting opinion addressing that question.

Judge Colloton’s dissent notes that “[t]his ‘unusual and delicate situation’ has been addressed in only three reported opinions, and all three circuits have held that a panel of the court of appeals may follow the overlooked decision of the Supreme Court, rather than the prior panel decision that was filed without consideration of the Supreme Court’s intervening opinion.”

“Deciding whether Kopp will ever be free; Jury must determine whether doctor’s killer should spend rest of his life in prison”: This article appears today in The Buffalo News.

“Outrageous Injustice: Genarlow Wilson, honor student and football star, had consensual sex with a fellow teenager; What happened to him next was a crime.” Thanks to the “Sentencing Law and Policy” for the pointer to this lengthy article published in ESPN The Magazine.

My recent earlier coverage appeared here and here.

“AG: No death penalty in abortion cases; He says law doesn’t make doctor violations subject to penal code.” The Dallas Morning News today contains an article that begins, “Doctors who illegally perform abortions either in the third trimester or on a minor without her parent’s permission aren’t subject to the death penalty, Attorney General Greg Abbott said in a legal opinion issued Wednesday.”

Yesterday’s opinion letter from the Attorney General of Texas can be accessed at this link (via “StandDown Texas Project“).

“Judge in confirmation battle intrigues crowd; Retired federal jurist has family ties in Shreveport”: The Shreveport Times today contains this article about a talk that retired Fifth Circuit Judge Charles W. Pickering, Sr. delivered yesterday to the Shreveport Bar Association. The newspaper yesterday also posted online an even more detailed news update reporting on the talk.

“Justice asks Granholm to step in; Weaver seeks investigation of colleagues”: This article appears today in The Detroit Free Press.

And The Detroit News reports today that “Justice asks the state to probe high court conduct.”

Yesterday, in this post, I provided online access to the letter to Michigan’s Governor and legislative leaders.

“Ex-Officials Testify They Informed Libby of the Identity of a C.I.A. Operative”: Neil A. Lewis has this article today in The New York Times. The newspaper also contains an article headlined “At the Libby Trial, Hints of Intrigue and Betrayal.”

The Washington Post reports today that “Ex-CIA Official Testifies About Libby’s Calls; Queries’ Timing Key To CIA Leak Case.”

In The New York Sun, Josh Gerstein reports that “CIA Staffer Says He Warned Cheney, Libby of Leak’s Danger.”

The Los Angeles Times reports that “Libby defense says witnesses also suffered memory lapses.”

And USA Today contains an article headlined “Witness: Libby part of leak plan; Ex-CIA official says administration aimed to blame agency for faulty Iraq info.”

“U.S. law may hinder governor’s health plan; An appeals panel cites federal preemption to void a Maryland statute on employee benefits”: This article appears today in The Los Angeles Times.

“N.C. judge may block 3 executions over doctor participation”: Henry Weinstein has this article today in The Los Angeles Times.

And The News & Observer of Raleigh, North Carolina reports today that “Judge might halt two executions.”

“Phone firms gain upper hand on privacy rulings; Judge denies state venue to consider surveillance dispute”: Today in The San Francisco Chronicle, Bob Egelko has an article that begins, “Telephone companies and the Bush administration, which are defending themselves against lawsuits accusing them of colluding in illegal surveillance of Americans, scored a tactical victory when a federal judge refused to allow California courts to consider claims that the companies violated state privacy laws.”

“Judge scolds Padilla’s lawyers for leak; A federal judge issued a mild reprimand to public defenders who leaked classified wiretap evidence to the New York Times in the Jose Padilla terror case”: This article appears today in The Miami Herald.

And The South Florida Sun-Sentinel reports today that “Padilla lawyers scolded for leak of phone call information to New York Times.”

“Held In Contempt, Al-Arian Launches Hunger Strike”: Yesterday’s edition of The Tampa Tribune contained an article that begins, “Sami Al-Arian has begun another hunger strike after being held in contempt for refusing to testify before a grand jury in Virginia, his supporters say. In the meantime, Al-Arian has appealed an order with the 11th U.S. Circuit Court of Appeals that says his plea agreement in Tampa does not protect him from having to testify in Virginia.”

“Off-Campus Party Theme Called Racially Insensitive; Law School Plans Session To Deal With ‘Hurtful’ Actions”: The Hartford Courant today contains an article that begins, “The interim dean of the University of Connecticut School of Law has scheduled a schoolwide roundtable discussion for today to air concerns raised by a weekend off-campus party in which some law students dressed in hip-hop clothes and toted 40-ounce bottles of malt liquor.”

“Court Rejects Senator’s Bid To Eliminate Fish Agency”: The Washington Post today contains an article that begins, “In a slap at the power of a single U.S. senator to change federal policy, the U.S. Court of Appeals for the 9th Circuit struck down today an attempt by Sen. Larry E. Craig (R-Idaho) to eliminate a small agency that counts endangered salmon in the Columbia River.”

And David Kravets of The Associated Press reports that “Appeals court keeps fish center afloat.”

You can access yesterday’s ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.

“Political Meddling With Justice”: The New York Times contains this editorial today.

And today in The Los Angeles Times, Henry Weinstein has an article headlined “Appointment called unconstitutional; A lawyer alleges recent U.S. attorney selection violates appointments clause.”

“Senators-in-Chief: Congress has no Constitutional power to micromanage a war.” This editorial appears today in The Wall Street Journal.

“ABC News reporter from Cotaco writes Supreme Court book”: The Decatur (Ala.) Daily contains this article today. The article manages to even the score with New York Times book reviewer Michiko Kakutani for misspelling Jan Crawford Greenburg’s last name when first mentioned in this week’s review of Jan’s new book, as The Decatur Daily refers to Ms. Kakutani using the pronoun “he.”

By the way, I had the pleasure at last night’s book launch party to meet Jan’s parents — they still live in Cotaco, Alabama, a town located in the northern part of the State, just south of Huntsville — and they are two wonderful people who are justifiably proud of their daughter’s many noteworthy achievements.

Wyoming’s prison system did not violate the due process rights of hermaphrodite probation violater by keeping him/her in solitary confinement for 14 months, Tenth Circuit holds: You can access yesterday’s ruling of the U.S. Court of Appeals for the Tenth Circuit at this link.

Earlier coverage of the case appeared in newspaper articles headlined “Intersexual inmate wins rights claim“; “Intersexual Woman Sues Prison“; and “Douglas hermaphrodite sues Corrections Department.”

“Scalia, speaking at Iona, defends decision to halt 2000 Florida recount”: The Journal News of Westchester, New York contained this article yesterday.

And The Associated Press reports that “Justices Defend Florida Recount Decision.” Accompanying The AP’s article is a photo of the four Justices who attended this week’s State of the Union address.

“Student Charged With Hacking at U-Texas”: This article appeared in The Washington Post in March 2003. And The Associated Press reported at the time that “University of Texas student charged in hacking of school’s computer system.”

Yesterday, a unanimous three-judge panel of the U.S. Court of Appeals for the Fifth Circuit issued a ruling affirming the former student’s conviction under the Computer Fraud and Abuse Act for intentionally accessing a protected computer without authorization and recklessly causing damage in excess of $5,000. The decision also upholds an award of over $170,000 in restitution. Press releases that the local U.S. Attorney’s Office issued in connection with the former student’s conviction and sentence can be accessed here and here, respectively.