“State high court to hear Prop. 8 case March 5”: Bob Egelko of The San Francisco Chronicle has a news update that begins, “The state Supreme Court will hear arguments March 5 on the validity of Proposition 8, the ban on same-sex marriage that California voters approved in November. The court said today that it would hold a three-hour hearing, from 9 a.m. to noon, at its chambers in San Francisco. The proceedings will also be televised statewide on the California Channel, the court said. A ruling is due within 90 days of the hearing.”
Howard Mintz of The San Jose Mercury News has an update headlined “California Supreme Court to hear gay marriage cases on March 5.”
And The Sacramento Bee has a news update headlined “Hearing set for Prop. 8 case.”
“Saudis Issue List of 85 Terrorism Suspects”: Wednesday’s edition of The New York Times will contain an article that begins, “Eleven Saudis who were released from Guantanamo Bay, Cuba, and then passed through a Saudi rehabilitation program for former jihadists are now believed to have fled the country and joined terrorist groups abroad, Saudi officials said Tuesday.”
“The principal issue in this appeal is whether evidence of who the defendant is (‘identity-related evidence’), obtained after an unconstitutional search and seizure, is suppressible in a criminal prosecution.” A unanimous three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit today answers “no” in an opinion that you can access here.
“Court dismisses fraud lawsuit over penis enlargement product,” and — exhibiting admirable restraint — the “Drug and Device Law” blog reports on that appellate court decision without mentioning “penis enlargement”: The Newark (N.J.) Star-Ledger last week had this blog post and this article about the ruling. And the “Drug and Device Law” blog today features a post about the decision titled “Refunds and Ascertainable Loss.”
As the Star-Ledger’s coverage reports and the court’s ruling confirms, the case was brought by a plaintiff who was an attorney proceeding pro se.
“Will New SG Lead to Sharp Turn at the Supreme Court? High court experts say Elena Kagan is unlikely to roll back government positions in cases already under way.” law.com’s Tony Mauro has this report.
“I Need a Hero: Seeking a bomb-throwing, passionate, visionary, liberal Scalia for a seat on the Supreme Court.” Dahlia Lithwick has this jurisprudence essay online at Slate.
“How do U.S. Supreme Court justices time retirement? The answer may not be what you think.” Marcia Coyle will have this article in next week’s issue of The National Law Journal.
The article focuses on a paper by professors Alan Rozzi and Terri L. Peretti titled “Modern Departures from the Supreme Court: Party, Pensions, or Power?”
“MSU scholar says Indians face Supreme Court bias”: The Michigan Messenger yesterday posted online this item about a paper titled “Factbound and Splitless: Certiorari and Indian Law” by law professor Matthew L.M. Fletcher.
“Landmark Jamaica Plain gay couple calls it quits”: The Boston Herald today contains an article that begins, “The Jamaica Plain lesbians whose passionate love led to the groundbreaking legalization of same-sex marriage in Massachusetts have called it quits and filed for divorce, the Herald has learned. But one-time international gay icons Hillary and Julie Goodridge, who share custody of their 12-year-old daughter, Annie, are less eager to be poster partners for gay divorce. Their case, filed Thursday in Suffolk Probate and Family Court, is impounded.”
“The Tide Shifts Against the Death Penalty”: This article was posted online today at Time magazine’s web site.
And Agence France-Presse reports that “Anti-death penalty lobby hopes for discreet Obama support.”
“Judge Smith gets a hat tip from high court”: Today in The Providence (R.I.) Journal, columnist Edward Fitzpatrick has an essay that begins, “It’s not every day a local judge gets a shout-out from the Supreme Court of the United States.”
“Attorney General Holder: Hold Bush administration accountable.” Justice Richard B. Sanders of the Supreme Court of Washington State has this op-ed today in The Seattle Times.
“Indecent exposure trial is ordered; A Tulsa County district judge faces a felony count”: This article appears today in The Tulsa World.
“Trial opens in Fla. widow’s tobacco lawsuit”: The Associated Press provides this report.
“Polanski must appear in L.A. court to seek dismissal of charge; Appellate panel rejects a bid by the filmmaker’s lawyers to disqualify all 600 L.A. County Superior Court judges from hearing his request to dismiss a 1977 statutory rape charge”: This article appears today in The Los Angeles Times.
And The Associated Press reports that “Court rejects Polanski bid to disqualify LA judges.”
“Ruling lets some felons seek reduced terms”: Today in The San Francisco Chronicle, Bob Egelko has an article that begins, “A state Supreme Court ruling Monday allows hundreds of California prisoners to seek reductions in sentences that judges imposed without jury findings, but recent legislation makes it unlikely that many of them will get a break. The court said inmates sentenced since March 2004 are covered by a later U.S. Supreme Court ruling that found California’s sentencing law violated the constitutional right to a jury trial.”
You can access yesterday’s ruling of the Supreme Court of California at this link.
“Fla. Bar Joins Fight Against State’s Ban on Adoptions by Gays”: law.com provides a report that begins, “The Florida Bar is coming out in a big way — for gay adoption. The Bar’s board of governors voted unanimously to file an amicus brief before the 3rd District Court of Appeal supporting a Miami-Dade circuit judge’s ruling that declared unconstitutional the state’s ban on gay adoptions.”
“Holder Confirmed As the First Black Attorney General; Nominee Overcame Objections in GOP”: This article appears today in The Washington Post.
The Washington Times reports today that “Holder confirmed; GOP refocuses on Daschle; Obama has 1st black attorney general.”
Joe Palazzolo of Legal Times reports that “Eric Holder Confirmed as Attorney General.”
James Rowley of Bloomberg News reports that “Holder to Take Over at Justice Department and Make ‘History.’”
And The Associated Press reports that “Holder expected to review, change Bush policies.”
“Detainee-Informer Presents Quandary for Government”: The Washington Post today contains a front page article that begins, “An admitted Taliban fighter being held at Guantanamo Bay, Cuba, fingered a fellow detainee for meeting regularly with Osama bin Laden.”
“Justice steps aside in Massey; Benjamin will not participate until U.S. Supreme Court rules”: The Charleston (W. Va.) Gazette today contains an article that begins, “State Supreme Court Chief Justice Brent Benjamin will not participate in cases involving Massey Energy until the U.S. Supreme Court rules whether Benjamin should have recused himself from an earlier Massey-related case. Benjamin is also removing himself from any workers’ compensation appeals filed by Massey employees, according to a written statement he filed with the court on Friday.”
Update: In addition, The West Virginia Record reports that “Benjamin recuses himself from Massey cases.” Justice Benjamin’s recusal statement can be viewed at this link.
“Widow of S.I. Ferry Victim Is Not Eligible for Residency, Court Rules”: This article appears today in The New York Times.
You can access yesterday’s ruling of the U.S. Court of Appeals for the Third Circuit at this link.
“Defining ‘Cruel and Unusual’ When Offender Is 13”: Adam Liptak has this installment of his “Sidebar” column today in The New York Times.
“Irving Feiner, 84, Central Figure in Constitutional Free-Speech Case, Is Dead”: This obituary appears today in The New York Times.
“Congress’s Phony War on Torture: Why not ban waterboarding once and for all?” Columnist William McGurn has this op-ed today in The Wall Street Journal.
“Some call for Bush administration trials; Want ex-leader accountable on Iraq war”: This article appears today in The Boston Globe.
“Will the US adjust life at Guantanamo for detainees? More access by Red Cross workers is likely, but legal analysts are split on whether the prison camp will be less punitive after an Obama-ordered review.” Warren Richey has this article today in The Christian Science Monitor.
