How Appealing

Thursday, March 31, 2005


On this date in "How Appealing" history: March 31, 2003 was not just the eve of April Fool's Day, but it was also the eve of oral arguments in the University of Michigan racial preferences in university admissions cases. I linked to local newspaper coverage previewing the cases in this post published two years ago today.

One year ago today, the time difference between Australia and the east coast of the United States allowed me to link to an article published in The Courier-Mail of Brisbane, Queensland on April 1, 2004. As I explained here, that newspaper contained "an article headlined 'A judicial reprimand for himself.' The article begins, 'A judge who demanded to know the name of "the idiot" who granted bail to a serial burglar discovered yesterday he was talking about himself.'" Although the link I provided to the article is no longer functioning, other coverage of the story is available here and here.
Posted at 11:00 PM by Howard Bashman




In Friday's edition of The New York Times: Tomorrow's newspaper will contain articles headlined "Schiavo Dies, Ending Bitter Case Over Feeding Tube" and "A Collision of Disparate Forces May Be Reshaping U.S. Law."
Posted at 10:58 PM by Howard Bashman



What day is tomorrow? An article headlined "Green Bag Begins GMUSL Bobblehead Line; Parker, Krauss First Professors To Be Immortalized" begins, "George Mason Law School professor Ross Davies, Editor of the Green Bag Law Journal, announced today that, due to his frustration with the lack of humor in recent Supreme Court opinions, he is discontinuing the line of Supreme Court Justice bobblehead dolls, and replacing them with dolls based on the professors of Mason Law."
Posted at 10:30 PM by Howard Bashman



"Desperate times for Barnes Foundation?" This article, in which I am quoted, appears today in Main Line Life.
Posted at 10:28 PM by Howard Bashman



"GOP Goes on Judicial Offensive": FOXNews.com provides this report.

Voice of America News reports that "Lawmakers Criticize Federal Judges on Schiavo Case."

And The St. Petersburg Times offers an editorial entitled "Terri's legacy: Terri Schiavo died Thursday the victim of an ugly family dispute that robbed her of her right to privacy and to die with dignity."
Posted at 10:15 PM by Howard Bashman




"DeLay Targets Legal System in Schiavo Case": The Associated Press reports here that "House Majority Leader Tom DeLay on Thursday blamed Terri Schiavo's death on what he contended was a failed legal system and he raised the possibility of trying to impeach some of the federal judges in the case." You can access today's "DeLay Statement on Terri Schiavo" at this link.
Posted at 09:10 PM by Howard Bashman



"The Terri Schiavo legacy: Her death Thursday ends a contentious battle, but ripple effects could persist in courts, Congress, and personal lives." Linda Feldmann and Warren Richey will have this article Friday in The Christian Science Monitor.
Posted at 05:40 PM by Howard Bashman



"Fred Korematsu Dies at Age 86": The Associated Press provides this report.
Posted at 05:08 PM by Howard Bashman



"Living will is the best revenge": Robert Friedman had this essay last Sunday in The St. Petersburg Times.
Posted at 04:25 PM by Howard Bashman



In news from Canada: The Toronto Globe and Mail provides a news update headlined "Top court curbs limits on English schooling." The article begins, "The Supreme Court of Canada has found Quebec's minority-language education laws constitutional, but ordered the province to be less stringent in barring access to English-language schools."

The Supreme Court of Canada's two relevant rulings issued today can be accessed here and here.
Posted at 03:55 PM by Howard Bashman




In North Carolina, living in sin equates to living in illegality: The News & Observer of Raleigh today contains an article headlined "Unwed partners surprised by law; 1805 statute is rarely enforced."
Posted at 03:12 PM by Howard Bashman



In news from New York State, "Court refuses to hear gay marriage case": The Associated Press reports here that "The state's highest court Thursday declined to hear two cases contesting the state law that bars same-sex couples from getting married."
Posted at 03:08 PM by Howard Bashman



Palestine Liberation Organization loses big in the U.S. Court of Appeals for the First Circuit: A unanimous three-judge panel of that court today issued an opinion that begins:
This appeal raises exceptionally important questions of justiciability and sovereignty, emblematic of unsettled political conditions that have plagued the Middle East for many years. In it, the Palestinian Authority (PA) and the Palestine Liberation Organization (PLO) ask us to countermand the district court's refusal to dismiss the action against them. They contend that the case hinges on a nonjusticiable political question and that, at any rate, the defendants enjoy sovereign immunity. In the event that these arguments do not carry the day, the defendants seek vacation of two $116,000,000-plus default judgments, one entered against each of them, on the ground that they were entitled to a binding determination of sovereign immunity (including appellate review of any unfavorable decision) before being forced to bear the burdens of litigation.

After careful consideration of the relevant legal authorities and perscrutation of an amplitudinous record, we conclude that this case is justiciable; that the defendants have not established an entitlement to sovereign immunity; and that the defendants' strategic litigation choices undercut their arguments as to the sequencing of the litigation. Consequently, we affirm the judgment below.

As the obscure words in the quoted passage suggest, the author of the opinion is Circuit Judge Bruce M. Selya.
Posted at 02:45 PM by Howard Bashman



"Court Expands Age Bias Claims For Work Force": Jess Bravin, who has begun covering the U.S. Supreme Court for The Wall Street Journal, has this article today in that newspaper.
Posted at 02:34 PM by Howard Bashman



"Fred Korematsu, 1919-2005; Oakland man's stand against camps led to U.S. apology to Japanese-Americans": This obituary appears today in The San Jose Mercury News.
Posted at 02:04 PM by Howard Bashman



Available online from The Associated Press: An article reports that "Schiavo Attorney Focuses on Right-To-Die."

And a news analysis is headlined "GOP Agenda Vs. States' Rights."
Posted at 12:08 PM by Howard Bashman




"Schiavo Case a Precursor to Battles Ahead": The Washington Post has recently posted online this news analysis by Dana Milbank.

Milbank writes, "But on one thing, the two sides agree. The Schiavo dispute will have echoes, first in the effort to end Senate Democratic filibusters of Bush's appellate court nominees, and then the likely battle over a successor for ailing Chief Justice William Rehnquist."
Posted at 11:55 AM by Howard Bashman




"It Is Ended: How the justice system failed Terri Schiavo, and us." William Anderson has this essay online today at The Weekly Standard.
Posted at 11:34 AM by Howard Bashman



"Dead Man, No Talking? Can the Supreme Court still rule on Johnnie Cochran's freedom-of-speech case?" Slate's explainer offers this response.
Posted at 11:30 AM by Howard Bashman



"Will the GOP need life support?" Glenn Harlan Reynolds has this interesting essay online at Salon.com.
Posted at 11:23 AM by Howard Bashman



"U.S. courts impact others": Parag Khanna and Fuad Rana have this op-ed today in The Miami Herald. The authors' bio states that Rana is currently clerking for a judge on the U.S. Court of Appeals for the Third Circuit.
Posted at 10:38 AM by Howard Bashman



"Stay on same-sex ruling to hold a year; Judge's action will prevent marriages during the appeals": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "The judge who declared California's ban on same-sex marriage unconstitutional held his final hearing Wednesday and announced a stay that would prevent gay or lesbian couples from marrying during appeals expected to last at least a year."

And in The Oakland Tribune, Josh Richman reports that "Gay-vows ruling approaches higher court; Judge will stay March 14 decision pending appeal."
Posted at 10:34 AM by Howard Bashman




The Associated Press is reporting that Terri Schiavo has died: You can access The AP's report at this link. And CNN.com reports that "Terri Schiavo has died."
Posted at 09:58 AM by Howard Bashman



"Ads urge Hoosiers to lobby for filibusters": The Journal Gazette of Fort Wayne, Indiana today contains an article that begins, "Commercials on Fort Wayne’s three TV stations began airing Wednesday to urge Hoosiers to lobby Sen. Richard Lugar, R-Ind., to oppose a Republican plan to ban Senate filibusters of judicial nominees."
Posted at 08:45 AM by Howard Bashman



"Justices expand age-bias rights; Jackson Police officers' suit against city rejected, but requirements for older workers to allege discrimination eased": This article appears today in The Clarion-Ledger.

In The New York Times, Linda Greenhouse reports that "Supreme Court Removes Hurdle to Suits Alleging Age Bias."

In The Washington Post, Charles Lane reports that "Threshold Eased for Age-Bias Lawsuits; Claims Not Dependent On Employer Intent, Supreme Court Rules."

In The Los Angeles Times, David G. Savage reports that "Justices Give Older Workers More Leeway in Alleging Bias."

In USA Today, Joan Biskupic reports that "Justices rule for over-40 workers; Deliberate bias not a condition."

The Washington Times reports that "High court affirms protections for older workers."

And The Chicago Tribune reports that "Age-bias landscape shifts; Illinois among states affected by decision." Also, The Chicago Tribune's Jan Crawford Greenburg had this audio report (RealPlayer required) about the ruling on yesterday evening's broadcast of PBS's "The NewsHour with Jim Lehrer."
Posted at 07:22 AM by Howard Bashman




"Federal Judge Condemns Intervention in Schiavo Case": The New York Times contains this article today.

The Washington Post reports that "High Court Rejects Request by Schiavo's Parents; Justices Decline to Hear Case on Reinserting Feeding Tube Hours After Dismissal by Appeals Judge."

USA Today reports that "Court rejects parents' potential 'last resort.'"

The St. Petersburg Times today contains articles headlined "Schiavo judge, church part ways" and "For Schiavo, 'it's getting real late'; Jesse Jackson counsels the Schindlers to prepare for their daughter's death."

The Tampa Tribune reports that "Judge Assails Schiavo Law."

The Orlando Sentinel reports that "Schindlers' last appeal fails in U.S. high court; Schiavo's parents are turned down again."

The Miami Herald reports that "Judge rebukes federal Schiavo efforts; A judge scolded President Bush and Congress as an appeals court and the U.S. Supreme Court rejected pleas from the parents of a weakening Terri Schiavo."

The Los Angeles Times today contains an editorial entitled "Et Tu, Florida?"

CBS News legal analyst Andrew Cohen has an essay entitled "Terri Schiavo & The Constitution."

And FindLaw columnist Edward Lazarus has an essay entitled "Why Congress's Intervention Predictably Didn't Help the Schindlers: Putting Federal Judges In an Unfair Pressure Cooker In the Terri Schiavo Case."
Posted at 07:00 AM by Howard Bashman




"Captives tell their side; From a Saudi with 24 siblings to a Libyan who admires Gandhi, the stories of once nameless Guantanamo detainees come alive in lawsuits in U.S. District Court": This article appears today in The Miami Herald.
Posted at 06:58 AM by Howard Bashman



"Inmate-transfer rules defended": Michael McGough of The Pittsburgh Post-Gazette today has an article that begins, "Ohio's Attorney General Jim Petro yesterday asked the U.S. Supreme Court to reverse two lower federal courts and uphold his state's procedures for transferring prisoners to a 'super-maximum-security' prison, where they endure long periods of solitary confinement and little opportunity for exercise."
Posted at 06:40 AM by Howard Bashman


Wednesday, March 30, 2005


"High Court Reviews 'Supermax' Prison Terms": The AP has this report on a case argued today at the U.S. Supreme Court.
Posted at 11:32 PM by Howard Bashman



BREAKING NEWS -- "High Court Rejects New Schiavo Request": Hope Yen of The Associated Press provides this report. Update: The Court's order can be viewed at this link.
Posted at 11:24 PM by Howard Bashman



"Divisive File-Sharing Issue Tackled by Supreme Court": David G. Savage has this article today in The Los Angeles Times.

The Washington Post reports today that "Court Weighs File Sharing; Technology Advances vs. Copyrights in Grokster Case."

In USA Today, Joan Biskupic reports that "File sharing goes to high court; No consensus apparent among justices."

Jan Crawford Greenburg of The Chicago Tribune reports that "Court mulls downloading liability; Movie, music firms vs. software companies." She also discussed the case on yesterday evening's broadcast of the PBS program "The NewsHour with Jim Lehrer."

Michael McGough of The Pittsburgh Post-Gazette reports that "Supreme Court hears high-tech disputes; Justices reluctant to limit communication services."

Luiza Ch. Savage of The New York Sun reports that "Justices Appear Wary of File-sharing Copyright Lawsuit."

The Boston Globe reports that "Justices wrestle with file-swap issues; Court also considers whether cable firms must share Net access."

The Washington Times reports that "Justices weigh innovation vs. copyright."

The Houston Chronicle reports that "Justices ask about innovation; Court reviews peer-to-peer file-sharing case."

And Wired News offers articles headlined "File Sharing Has Supreme Moment" and "Camping Out for the Grokster Case."
Posted at 11:15 PM by Howard Bashman




On this date in "How Appealing" history: On March 30, 2003, a reader had the temerity to disagree with my assessment two days earlier that the amendments to the Federal Rules of Appellate Procedure scheduled to take effect December 1, 2003 appeared negligible. A quite funny reader, I might add.
Posted at 11:10 PM by Howard Bashman



"Hale puts faith in being own lawyer": Yesterday's issue of The Chicago Tribune contained an article that begins, "Jailed white supremacist Matthew Hale, scheduled to be sentenced next week for plotting to murder U.S. District Judge Joan Lefkow, said he was traumatized by his conviction 'to the point of self-destructive behavior.'"
Posted at 10:55 PM by Howard Bashman



Access online the stay request that Terri Schiavo's parents have filed this evening in the U.S. Supreme Court: It is available here, via "SCOTUSblog."
Posted at 10:40 PM by Howard Bashman



"FCC Ruling Limits Competition, ISP Tells Justices; Rival Companies' Access To Cable Lines Is at Issue": Charles Lane has this article today in The Washington Post.

USA Today reports that "ISPs gain ground vs. cable Net providers."

And Wired News has an article headlined "Will Cable Quell the Competition?"
Posted at 10:32 PM by Howard Bashman




Available online from law.com: An article reports that "Bush's Nominees Likely to Put Stamp on Circuits; GOP judges may go from 60 percent to 85 percent."

Tony Mauro has articles headlined "Supreme Court Widens Age Discrimination Protections" and "Cochran's Death Raises Questions for High Court Case."

An article reports that "2nd Circuit Finds IDEA Allows Recovery of Expert Fees; Such expenses seen as 'reasonable costs.'"

And in other news, "Court Powerless to Annul Same-Sex Marriage; Connecticut couple wed in Massachusetts never legally bound together."
Posted at 10:14 PM by Howard Bashman




"Schindlers appeal to U.S. Supreme Court; Parents seek injunction to reinsert daughter's feeding tube": CNN.com provides this report.

And The Atlanta Journal-Constitution reports that "Atlanta court rejects Schiavo parents' appeal."
Posted at 09:48 PM by Howard Bashman




In news from Mississippi: The Clarion-Ledger provides a news update headlined "JPD officers' suit dismissed, but will make it easier for older workers to allege age discrimination."

Today's edition of The Clarion-Ledger reports that "Ten Commandments display receives OK from senators." And The Associated Press reports that "Ten Commandments bill approved by House, sent to Barbour."
Posted at 09:10 PM by Howard Bashman




"'Mr. Smith' joins filibuster fray; People for the American Way ad campaign targets uncommitted GOP senators in battle over Bush judicial nominees": Tom Curry, national affairs writer for MSNBC, has this report today, along with an article headlined "A Democratic dark horse poised to emerge; Feingold's Judiciary spot provides an '08 advantage."

CBS News provides a report that asks "Is GOP Prepared To Go Nuclear?"

The ad campaign that People For the American Way launched today can be viewed online in Windows Media format here (60-second spot) and here (30-second spot). The ads direct viewers to visit the web site savethefilibuster.org.

In response to the ad campaign, Committee for Justice issued a press release entitled "PFAW's Phony Filibuster Ad." In related news, The Washington Post reports here today (second item) that CFJ's chairman, C. Boyden Gray, "is said to be in line to be named ambassador to the European Union," a job that's based in Brussels.

And in commentary, The Bangor Daily News today contains an editorial entitled "Nukes in the Senate."
Posted at 08:40 PM by Howard Bashman




The Knight Ridder Newspapers are reporting: Stephen Henderson reports that "Conservative judge blasts Bush, Congress for role in Schiavo case." And Frank Davies reports that "Finger-pointing begins over failure to prolong Schiavo's life."
Posted at 08:14 PM by Howard Bashman



"High Court: Age-Discrimination Suits Need Not Prove Intent." This evening's broadcast of NPR's "All Things Considered" included this segment featuring Nina Totenberg (RealPlayer required).
Posted at 08:10 PM by Howard Bashman



Plaintiffs whose lawsuit caused the U.S. Court of Appeals for the Third Circuit to conclude that the Solomon Amendment is unconstitutional have filed their brief in opposition to the federal government's petition for writ of certiorari: You can view the brief in opposition at this link. Also available online are the federal government's cert. petition and the Third Circuit's ruling.
Posted at 06:15 PM by Howard Bashman



"11th Circuit Denies Latest Schiavo Appeal; Judge Calls Congressional, Executive Intervention Unconstitutional": The Washington Post provides this news update.

The New York Times offers a news update headlined "U.S. Appeals Court Refuses to Review Schiavo Case."

The Miami Herald offers a news update headlined "Appeals court rebukes Congress, denies request by Schiavo's parents."

And Reuters reports that "Court Rejects Schiavo Parents' Last-Ditch Appeal."

Those looking for my "20 questions for the appellate judge" interview with Eleventh Circuit Judge Stanley F. Birch, Jr. -- the author of today's noteworthy opinion concurring in the denial of rehearing en banc -- will find the interview at this link.
Posted at 06:00 PM by Howard Bashman




"Older workers get a new tool to fight age discrimination; A Supreme Court ruling Wednesday opens the door to lawsuits regarding age bias that may be unintentional": Warren Richey will have this article in Thursday's edition of The Christian Science Monitor.
Posted at 05:55 PM by Howard Bashman



"Age Discrimination Suits Broadened": Tony Mauro of law.com provides this news update.
Posted at 05:50 PM by Howard Bashman



"Federal Court Again Rejects Schiavo Appeal": The Associated Press provides this report.
Posted at 03:40 PM by Howard Bashman



BREAKING NEWS -- U.S. Court of Appeals for the Eleventh Circuit again denies rehearing in Terri Schiavo case: The order denying panel rehearing is here and the order denying rehearing en banc is here.

The order denying rehearing en banc appears to contain several very interesting opinions concurring in and dissenting from the denial of en banc rehearing. In particular, Circuit Judge Stanley F. Birch, Jr. argues in an opinion concurring in the denial of rehearing en banc that the legislation Congress passed and President Bush signed into law applicable to Terri Schiavo's situation is unconstitutional. Again, however, only two judges note any dissent from the order denying rehearing en banc. Earlier, I linked here to the rehearing petition Ms. Schiavo's parents filed last night.

The order denying rehearing en banc also notes that "Judge William H. Pryor Jr. did not participate in the consideration of the Petition because he is recovering from surgery performed on Monday, 28 March 2005." Best wishes to Judge Pryor for a prompt and complete recovery.
Posted at 03:24 PM by Howard Bashman




Available online from National Public Radio: Today's broadcast of "Morning Edition" included a segment entitled "High Court: Title IX Law Protects Against Retaliation" featuring Nina Totenberg.

And today's broadcast of "Day to Day" included a segment entitled "Slate's Dispatches: Age Discrimination" featuring Emily Bazelon.

RealPlayer is required to launch these audio segments.
Posted at 03:15 PM by Howard Bashman




"Supreme Court Upholds Reach of Age Bias Law": James Vicini of Reuters provides this report.
Posted at 03:02 PM by Howard Bashman



Perhaps the answer to "what they are like" is "nasty, brutish, and short": On Monday, Will Baude had a post at "Crescat Sententia" titled "The Axis of..." Will writes:
In the course of procrastinating around on LEXIS I came across a D.C. Circuit opinion decided by the panel of Judge Robert Bork, Judge Ken Starr, and Judge Antonin Scalia. Now that I think about it, I had been dimly aware that all three were D.C. Circuit judges at about the same time, but I had never realized that they must have decided cases together. I now wonder how many there are, and what they are like.
If Will needs help replacing the ellipsis in his blog post's title, Eugene Volokh provides some suggestions here.
Posted at 02:55 PM by Howard Bashman



"Path Eased for Age Discrimination Lawsuits; Justices say employers can be held liable even if they intended no harm": David G. Savage of The Los Angeles Times provides this news update.
Posted at 02:40 PM by Howard Bashman



U.S. Court of Appeals for the Seventh Circuit holds that University of Wisconsin Hospital does not possess sovereign immunity under the Eleventh Amendment: Circuit Judge Richard A. Posner wrote today's ruling, on behalf of a unanimous three-judge panel.
Posted at 01:44 PM by Howard Bashman



Looking on the bright side, at least he gets to keep the nickname: The Associated Press reports that "C-Murder Loses Murder Conviction Appeal." In other coverage, The Times-Picayune reports today that "C-Murder going to state's top court; Appeals court refuses to reconsider retrial."
Posted at 01:40 PM by Howard Bashman



I have just posted online the latest Eleventh Circuit filings made by Terri Schiavo's parents: With much thanks to a reader who forwarded these along, you can now access online both the motion for leave to file out-of-time a petition for rehearing en banc and the petition for rehearing en banc itself that Terri Schiavo's parents filed late yesterday in the U.S. Court of Appeals for the Eleventh Circuit. According to The Associated Press, the Eleventh Circuit has granted the motion for leave to file out-of-time, and thus the rehearing petition is now pending for a decision.
Posted at 11:30 AM by Howard Bashman



"When Ibid. Meets iPod": The Los Angeles Times today contains an editorial that begins:
Even on a day when justices heard historic arguments on global online sharing of music files, let's agree it's hard to picture a U.S. Supreme Court member bouncing along to Gwen Stefani or Kanye West on an iPod. Lawrence Welk maybe, on an eight-track in a blimp-sized Buick. But to them, Ludacris is an obvious misspelling.

With an average age, according to recent photographs, exceeding 110 years, the nine justices are seen by many as culturally preparing to enter the 1950s, well before millions felt that one necessity of life is the ability to pocket hundreds of songs for instant reverie.

You can access the complete editorial at this link.
Posted at 10:52 AM by Howard Bashman



Just in time for baseball season, suburban Philadelphia dentist's foul ball injury suit strikes out in Pennsylvania appellate court: The Commonwealth Court of Pennsylvania issued this opinion yesterday.
Posted at 10:50 AM by Howard Bashman



"U.S. court agrees to consider review of Schiavo case": Reuters provides this report on recent developments, which I have earlier mentioned here and here.
Posted at 10:35 AM by Howard Bashman



Today's U.S. Supreme Court opinions in argued cases: Justice Ruth Bader Ginsburg delivered the opinion for a unanimous Court in Exxon Mobil Corp. v. Saudi Basic Industries Corp., No. 03-1696. You can access the syllabus here, Justice Ginsburg's opinion here; and the oral argument transcript here.

Justice Sandra Day O'Connor delivered the opinion of hte Court in Rhines v. Weber, No. 03-9046. You can access the syllabus here; Justice O'Connor's majority opinion here; Justice John Paul Stevens' concurring opinion here; Justice David H. Souter's opinion concurring in part and concurring in the judgment here; and the oral argument transcript here.

Finally, Justice Stevens announced the judgment of the Court and delivered the opinion of the Court in part in Smith v. City of Jackson, No. 03-1160. You can access the syllabus here; Justice Stevens' opinion here; Justice Antonin Scalia's opinion concurring in part and concurring in the judgment here; Justice O'Connor's opinion concurring in the judgment here; and the oral argument transcript here. Chief Justice William H. Rehnquist did not take participate in the decision of this case.

In early coverage, Hope Yen of The Associated Press reports that "Court Issues Age Discrimination Ruling." And Lyle Denniston of "SCOTUSblog" reports that "Older workers need not prove intentional bias."
Posted at 10:00 AM by Howard Bashman




"Supreme Court to review procedures for 'supermax' prison assignments": The Associated Press provides this report on the lone case being argued today at the U.S. Supreme Court.

In related supermax news, last week The AP reported that "Ohio will move death row; Shift to Youngstown meant to save money."

And confinement in the federal government's most notorious supermax may have once been unexpectedly harmful to one's health -- due to second-hand cigarette smoke. The Rocky Mountain News reported on Saturday that "One inmate remains in SuperMax smoking suit." And The Denver Post reported last Friday that "Inmate litigation burns feds."
Posted at 09:55 AM by Howard Bashman




The Terri Schiavo case and the perils of raising new arguments on rehearing in a U.S. Court of Appeals: Earlier this morning, I collected at this link news reports on a new development in Terri Schiavo's parents' appeal to the U.S. Court of Appeals for the Eleventh Circuit.

As best I can glean from those news reports, the Eleventh Circuit has granted the request of Ms. Schiavo's parents to file a petition for rehearing after the deadline that had been established in the Eleventh Circuit's decision on the merits of the parents' second appeal. That deadline was "8:00 a.m. ET, March 26, 2005," as noted in footnote 4 on page 14 of that opinion.

The Associated Press is reporting this morning that "In requesting a new hearing, the Schindlers argued that a federal judge in Tampa should have considered the entire state court record and not whether previous Florida court rulings met legal standards under state law."

If that is in fact a "new argument," as the press reports to which I linked earlier this morning are suggesting, the parents' request for rehearing may face an insurmountable procedural obstacle -- that new arguments cannot be raised on rehearing except in the rare event that they were unavailable before the ruling as to which rehearing is sought.

Some may justifiably retort that surely a federal court would not strictly apply doctrines of waiver in a case of life and death. All that I can observe in response is that in the area of life and death that federal courts grapple with most commonly -- death penalty jurisprudence -- the waiver doctrine and other related procedural niceties are regularly applied to deny relief even on the eve of an inmate's execution.
Posted at 09:30 AM by Howard Bashman




"Politician on court isn't a bad thing: When the Supreme Court has a vacancy, President Bush should appoint a justice with a political pedigree; Though the thought sounds heretical today, it makes more sense than ever." Paul A. Sracic has this op-ed today in USA Today.
Posted at 07:32 AM by Howard Bashman



"U.S. court seeks state tobacco law clarification; Result could affect verdicts in lawsuits by addicted smokers": Bob Egelko has this article today in The San Francisco Chronicle.
Posted at 07:30 AM by Howard Bashman



"In Vermont, a Bid to Legalize Physician-Assisted Suicide": This article appears today in The New York Times.
Posted at 07:28 AM by Howard Bashman



"Gay marriage foes eye new petition; Push for total ban may aim for 2008": The Boston Globe contains this article today.
Posted at 07:25 AM by Howard Bashman



"2 Women Steal Fetus From Exhibit; The item was part of a display of preserved body parts at the California Science Center": This article appears today in The Los Angeles Times.
Posted at 07:22 AM by Howard Bashman



"High Court Supports Title IX Protection; Law Now Covers Whistle-Blowers": Charles Lane has this front page article today in The Washington Post.

In The Los Angeles Times, David G. Savage reports that "High Court Expands Title IX Protections; In a 5-4 decision, justices rule the gender equity law should guard those seeking to enforce it."

In USA Today, Joan Biskupic reports that "Supreme Court says Title IX protects whistleblowers; Ala. girls' coach lost job after complaining."

In The Chicago Tribune, Jan Crawford Greenburg reports that "Supreme Court expands Title IX; Justices say the law shields whistle-blower." Jan also spoke about the case (RealPlayer required) on yesterday evening's PBS broadcast of "The NewsHour with Jim Lehrer."

The Birmingham News today contains articles headlined "Court backs Ensley coach" and "Ruling for Ensley coach praised."

In The Pittsburgh Post-Gazette, Michael McGough reports that "Supreme Court allows fired coach to sue under sex bias law."

The Baltimore Sun reports that "Justices widen right to sue under Title IX; Court extends protections under gender equity law to those who blow whistle; A victory for women's advocates; Ala. coach complained of unequal girls facilities."

The Salt Lake Tribune reports that "Court sides with Title IX watchdogs; Utah coaches, government at odds: The state opposes the ruling, which backs a whistle-blower."

And today in The New York Times, George Vecsey has a "Sports of the Times" essay entitled "A High School Coach Blows the Whistle When Good Just Isn't Good Enough."
Posted at 07:10 AM by Howard Bashman




"Unmarried woman challenges law; Fired because she lived with her boyfriend, she files suit to overturn state cohabitation ban": The News & Observer of Raleigh, North Carolina today contains an article that begins, "A Pender County dispatcher forced to quit her job last year after the sheriff discovered she had a live-in boyfriend is suing to overturn a N.C. law that makes living together a crime."
Posted at 07:00 AM by Howard Bashman



"Appeals Court to Consider Schiavo Request": The Associated Press reports here that "In a rare legal victory for Terri Schiavo's parents, a federal appeals court agreed to consider their request for a new hearing on whether to reconnect their severely brain-damaged daughter's feeding tube."

CNN.com reports that "Schiavo parents file new court appeal; Lawyer asks federal court to examine evidence, not procedure."

The Orlando Sentinel reports that "Schiavo's parents win ray of hope; Early today, a U.S. appeals court agreed to consider a petition for a new hearing."

The Washington Post reports that "Schiavo's Parents File Late Appeal; Federal Court Is Asked to Rehear Petition to Reinsert Tube."

USA Today reports that "Court to consider new Schiavo petition; Jesse Jackson speaks out against removal of tube."

And The Washington Times reports that "Judge in Schiavo case faces death threats."
Posted at 06:40 AM by Howard Bashman



Tuesday, March 29, 2005


On this date in "How Appealing" history: One year ago today, legal challenges to the federal partial birth abortion ban went to trial in three separate federal district courts across the country. My summaries of relevant news reports published that day can be viewed here and here.

Also one year ago today, as I noted here, we learned that Madison County, Illinois resents its "judicial hellhole" label.

And exactly two years ago today, National Public Radio's "All Things Considered" program aired a segment featuring Nina Totenberg entitled "McCain-Feingold Bill Languishes" (RealPlayer required). Somehow, this segment managed to elude my attention for a couple of days, but when I finally heard it I described it as "An astonishing breach of courthouse confidentiality." A transcript of the segment can be viewed here.
Posted at 11:30 PM by Howard Bashman




"Ruling Could Halt Sony's PlayStation; A judge's order to stop selling the units is on hold while the company appeals a patent verdict": This article appears today in The Los Angeles Times.

And The Washington Post today contains an article headlined "Pay Judgment Or Game Over, Sony Warned."
Posted at 11:05 PM by Howard Bashman




Available online from law.com: An article is headlined "N.Y. Appeals Court: Telecommuter Must Pay Empire State Tax; Challenge to 'convenience of the employer' test fails."

And in other news, "Calif. Court Balks at 25 Years for Sex Registration Failure." Last Friday's ruling of the California Court of Appeal for the Third Appellate District begins, "This case raises the question whether there is an offense so minor that it cannot trigger the imposition of a recidivist penalty without violating the cruel and/or unusual punishment prohibitions of the United States and California Constitutions."
Posted at 10:30 PM by Howard Bashman




"Senators feeling pressure over judicial nominees": This article will appear Wednesday in The Minneapolis Star Tribune.
Posted at 10:10 PM by Howard Bashman



In Wednesday's edition of The New York Times: Linda Greenhouse will have articles headlined "Lively Debate as Justices Address File Sharing" and "Justices Say Gender Bias Law Guards Against Retaliation Too."

The newspaper will contain an obituary headlined "Johnnie L. Cochran Jr., Trial Lawyer Defined by O.J. Simpson Case, Is Dead at 67" written by Adam Liptak.

An obituary will bear the headline "Howell Heflin, Former Alabama Senator, Dies at 83."

And in news pertaining to the war on terror, "Judge Limits the Transfer of 13 From Guantanamo"; "Yemeni Held in Guantanamo Was Seized in Cairo, Group Says"; and "Detainee's Suit Gains Support From Jet's Log."
Posted at 10:05 PM by Howard Bashman




"Grok Around the Clock: Share those MP3s now—the Supreme Court may try to stop you soon." Emily Bazelon has this Supreme Court dispatch online at Slate.
Posted at 09:14 PM by Howard Bashman



The Knight Ridder Newspapers are reporting: Stephen Henderson has an article headlined "Title IX protects whistleblowers who report inequities, court rules."

And The San Jose Mercury News provides a news update headlined "Court expresses concerns over stifling innovation in file-sharing case."
Posted at 09:10 PM by Howard Bashman




"Judge Dread: The judiciary may end up the big losers in the Schiavo mess." Bert Brandenburg has this jurisprudence essay online at Slate.
Posted at 07:25 PM by Howard Bashman



"Whistleblowers Protected Under Title IX": Charles Lane of The Washington Post offers this news update.
Posted at 07:24 PM by Howard Bashman



"Justices Seem Responsive to Arguments on File Sharing": Linda Greenhouse of The New York Times provides this news update.
Posted at 07:22 PM by Howard Bashman



"Famed Attorney Johnnie L. Cochran Jr. Dies at 67": The Los Angeles Times provides this news update. And CNN.com reports that "Famed attorney Johnnie Cochran is dead at 67."

Presumably this development will moot the free speech injunction case involving Cochran that was argued recently at the U.S. Supreme Court. More details about that case can be accessed via earlier posts here and here.
Posted at 06:40 PM by Howard Bashman




law.com's Tony Mauro is reporting: He has news updates headlined "Supreme Court Pulled Both Ways in Grokster Case"; "Justices Bothered by FCC's Separation of Cable, Telecom"; and "High Court: Title IX Protects Whistleblowers."
Posted at 06:08 PM by Howard Bashman



"US Judge Bars Transfer of 13 Guantanamo Detainees": Reuters provides this report.
Posted at 06:05 PM by Howard Bashman



"High Court Weighs Online File-Sharing Case": Nina Totenberg had this report (RealPlayer required) on this evening's broadcast of NPR's "All Things Considered."
Posted at 06:00 PM by Howard Bashman



In Wednesday's edition of The Christian Science Monitor: Warren Richey will have an article headlined "In case of a male coach, court adds teeth to gender-bias law; High court rules that Title IX, which shields girls' teams from discrimination, also protects whistleblowers from retaliation."

And in other news, "Why Oregon is at the forefront of change on end-of-life care."
Posted at 05:55 PM by Howard Bashman




Available online from c|net News.Com: John Borland reports that "Supreme Court takes hard look at P2P" and "Top court examines broadband competition."
Posted at 05:15 PM by Howard Bashman



The wire services are reporting: The Associated Press reports that "Justices Question Control of Cable Firms" and "Writers Settle With Databases for $18M."

Reuters, meanwhile, reports that "Cable Spars Over Fast Internet Before Top Court" and "Freelance writers say $18 mln settlement reached."
Posted at 05:12 PM by Howard Bashman




"Justices skeptical in song-swapping case; Justices ask if restricting file sharing could stifle innovation, yet question online downloading": CNN.com provides this report.
Posted at 05:02 PM by Howard Bashman



"Justices Hear Arguments in File Sharing Case": David G. Savage of The Los Angeles Times provides this news update.
Posted at 04:20 PM by Howard Bashman



U.S. District Court for the District of Columbia issues preliminary injunction blocking the transfer of thirteen detainees from Guantanamo: You can access today's opinion here and order here. I noted the temporary restraining order that had previously granted this same relief in posts that can be accessed here and here.
Posted at 03:40 PM by Howard Bashman



"Court conflicted over file-swapping": Lyle Denniston provides this report online at "SCOTUSblog."
Posted at 03:37 PM by Howard Bashman



On today's broadcast of NPR's "Day to Day": The broadcast contained segments entitled "Slate's Jurisprudence: File-Sharing" (featuring Emily Bazelon) and "Slate's Jurisprudence: Gender Equity in School Sports" (featuring Dahlia Lithwick). RealPlayer is required to launch these audio segments.
Posted at 03:32 PM by Howard Bashman



"Top U.S. Court Weighs Internet File-Sharing Case": Reuters reports here that "Supreme Court justices questioned on Tuesday whether the recording industry's attempts to shut down online file-sharing networks would deter inventors from developing new products like Apple's iPod music player."
Posted at 02:35 PM by Howard Bashman



"Models Who Posed as Wife Beaters Sue NY Over Ads": Reuters provides this report.

The New York Daily News reports today that "'Wife-beater' poster boys want ads pulled."

And The New York Post reports that "Poster boys suing."
Posted at 02:33 PM by Howard Bashman




Today's rulings of note from the U.S. Court of Appeals for the Ninth Circuit: Today's most newsworthy ruling may be an order certifying to the Supreme Court of California two important questions in a tobacco product liability lawsuit. The questions are:
(1) Under California law, can a plaintiff overcome the presumed awareness that he or she knows that smoking causes addiction and other health problems, and so show justifiable reliance? (2) Under California law, if a plaintiff seeks damages resulting from an addiction to tobacco, does an action for personal injury accrue when the plaintiff recognizes that he or she is addicted to tobacco, if the plaintiff has not yet been diagnosed with an injury stemming from tobacco use?
Whether today's order turns out to be good news for injured smokers or the tobacco companies will depend on whether and how California's highest court answers these questions. For now, it is worth noting that the federal trial court whose decision is before the Ninth Circuit for review dismissed as untimely the claims of the injured smokers-plaintiffs.

A second decision issued today also involves California, and the Ninth Circuit's opinion begins, "Persons whose stock was escheated to the state sued to get it back. The district court held that the Eleventh Amendment barred their claims. We disagree."

At what point do nominal damages cease to be nominal? That question may be relevant in light of a third decision, in which the Ninth Circuit holds that "when nominal damages are awarded in a civil rights class action, every member of the class whose constitutional rights were violated is entitled to nominal damages."

Finally, today's fourth noteworthy case begins with a tale of liver in the kitchen. The author of today's majority opinion in this habeas case, on remand from the U.S. Supreme Court, shouldn't be too hard to guess based on the following excerpt: "There may not be an intellectual or logical disconnect in that form of reasoning, but the Supreme Court has told us that, while the legal mind might be that daedalian (or would it say 'banausic'), no jury would be." If the past is any guide, the likelihood that the U.S. Supreme Court would use either of those terms is quite remote. A Westlaw search indicates that "banausic" has appeared once in a majority opinion, while "Daedalian" spelled with a capital D has appeared once in a dissent.
Posted at 01:15 PM by Howard Bashman




"Schiavo Case Unexpectedly Unites Americans": Reuters reports here that "The Terri Schiavo case has had the unexpected effect of uniting most Americans, whether Republicans or Democrats, around a consensus that the government should stay out of families' life and death decisions."
Posted at 12:50 PM by Howard Bashman



The Associated Press is reporting: In news from the U.S. Supreme Court, "Supreme Court Weighs in on File-Sharing" and "Court: Tribes Can't Expand Holdings."

And in news from New York State, "Court Rules Telecommuter Must Pay Taxes." Today's 4-3 ruling of the New York Court of Appeals -- that State's highest court -- can be accessed here.
Posted at 12:45 PM by Howard Bashman




"Gov. Rendell Makes Good on Super Bowl Bet With a Song": This report wouldn't appear at first glance to qualify as appellate-related news, except that a judge serving on the U.S. Court of Appeals for the Third Circuit will accompany Pennsylvania Governor Edward G. Rendell in singing the national anthem at this Sunday's Sixers-Celtics game in Boston.
Posted at 12:10 PM by Howard Bashman



"Tribe vs. Ponnuru": National Review Online has today posted here an exchange of letters being published in that magazine's April 11, 2005 issue.
Posted at 12:00 PM by Howard Bashman



"Gender Equity Law Covers Retaliation-Supreme Court": James Vicini of Reuters provides this report.
Posted at 11:32 AM by Howard Bashman



The Los Angeles Angels of Anaheim, a city that is quite near Los Angeles in case you haven't noticed: The battle over the the new, quite odd name of the team formerly known as the Anaheim Angels was the subject of an oral argument in a state appellate court in California yesterday.

The Orange County Register reports today that "Anaheim, Angels might try for settlement again; Judge urges a compromise on dispute over team name before ruling on appeal."

And The Los Angeles Times reports that "Court Urges Anaheim, Angels to Negotiate; Hearing refers to a previous, off-the-record meeting between Moreno and the city's mayor that got nowhere."
Posted at 11:00 AM by Howard Bashman




"'Non-Traditional' Parent Earns Visitation Victory; Lesbian Status Doesn't Alter Result": Today in The Legal Intelligencer, Melissa Nann Burke has an article (subscription required) that begins, "A lesbian cannot be denied the legal right to visit the daughter she helped raise with her former partner on the basis of speculation that ongoing animosity between the separated women would 'damage' the 11-year-old, a state appeals court ruled yesterday." You can access yesterday's ruling of the Superior Court of Pennsylvania at this link.
Posted at 10:50 AM by Howard Bashman



The Associated Press is reporting: An article headlined "Lawmakers Urged to Rename BWI Airport" begins, "The widow of Thurgood Marshall joined those urging lawmakers to rename Baltimore-Washington Airport in honor of her husband, the nation's first black Supreme Court justice."

And in other news, "Calif. Corrections Spend $1.27M on Comatose Imates."
Posted at 10:44 AM by Howard Bashman




"High court may duck hot issue; Bush's actions could push the Mexican nationals' case back to state judges": Michael Doyle has this article today in The Sacramento Bee.
Posted at 10:35 AM by Howard Bashman



Today's U.S. Supreme Court opinions in argued cases: Justice Sandra Day O'Connor delivered the Court's opinion in Jackson v. Birmingham Bd. of Ed., No. 02-1672, which the Court decided by a 5-4 margin. You can access the syllabus here; Justice O'Connor's majority opinion here; Justice Clarence Thomas's dissenting opinion here; and the oral argument transcript here.

Justice Ruth Bader Ginsburg delivered the Court's opinion in City of Sherrill v. Oneida Indian Nation of N.Y., No. 03-855. You can access the syllabus here; Justice Ginsburg's majority opinion here; Justice David H. Souter's concurring opinion here; Justice John Paul Stevens' dissenting opinion here; and the oral argument transcript here.

In early press coverage, Hope Yen of The Associated Press has a report headlined "Court: Title IX Protects Whistleblowers."
Posted at 10:00 AM by Howard Bashman




On today's broadcast of NPR's "Morning Edition": The broadcast contained segments entitled "Supreme Court Hears Copyright, File-Sharing Case" (featuring Nina Totenberg) and "High Court Case May Provide More ISP Options."
Posted at 09:25 AM by Howard Bashman



In news from Colorado: The Rocky Mountain News today contains articles headlined "State justices overturn killer's death sentence; Robert Harlan faces life in prison because jurors consulted Bible" and "Juror quoted 'an eye for an eye.'" The Denver Post, meanwhile, reports that "Jury's use of Bible voids death sentence."

In other news, The Denver Post today contains articles headlined "Lisl Auman wins new trial"; "Emotions run: joy and hope for some, pain for others"; and "Ruling positive, Denver DA says; Felony-murder law retained." And columnist Diane Carman has an essay entitled "Auman ruling won't change absurd law."

The Rocky Mountain News, meanwhile, contains articles headlined "High court: New trial for Auman; Justices keep statute, toss conviction over instructions to jury"; "After ruling, mom sheds long-awaited tears of joy; Elated family already making plans for once-hopeless future"; and "Plea deal would avoid new trial; Discussing possibility would be premature, district attorney says."
Posted at 09:22 AM by Howard Bashman




"Judges Say Overhaul Would Weaken Bankruptcy System": The Los Angeles Times contains this article today. The article includes a quote from Fifth Circuit Judge Edith H. Jones, whom the article describes as "widely believed to be seen as on President Bush's short list for a position on the Supreme Court."
Posted at 08:14 AM by Howard Bashman



"Walking in the Opposition's Shoes": The lead editorial in The New York Times today begins, "The Senate will return from Easter vacation with nuclear options on its mind. Republicans seem determined to change the rules so Democrats will no longer be able to stop judicial nominations with the threat of a filibuster."
Posted at 08:10 AM by Howard Bashman



"A case for independent courts": This editorial appears today in The Baltimore Sun.

And today in The Oregonian, columnist Robert Landauer has an essay entitled "50% + 1 not always ample majority."
Posted at 07:10 AM by Howard Bashman




"File-sharing free-for-all; Top court to hear entertainment industry argue 2 cyber-share ventures foment copyright violations": Newsday contains this article today.

The Boston Globe reports that "Court to decide fate of file-swap software; Case could have far-reaching effects in the era of iPod and TiVo."

The Pittsburgh Post-Gazette reports that "File-sharing battle continues before justices."

The Denver Post reports that "Tech industry all eyes, ears."

The New York Sun contains an article headlined "Mediating the File-Sharing Wars."

The Toronto Globe and Mail reports that "Cuban goes courtside in copyright battle with music industry."

The Dallas Morning News reports that "Cuban glad to step in; Movie studios actually want technology to win court case, he says."

And The Los Angeles Times contains an editorial entitled "California's Civil War."
Posted at 07:05 AM by Howard Bashman




"U.S. Jurist Bars Yale Students As Law Clerks; Restrictions On Military Anger A '52 Alumnus": This article appeared Saturday in The Hartford Courant.
Posted at 07:04 AM by Howard Bashman



"And dust for all at Supreme Court; After 70 years, our nation's marbled temple of law receives major makeover": Joan Biskupic has this article today in USA Today.
Posted at 07:02 AM by Howard Bashman



"Supreme Court to hear high-speed Internet case; Cable companies may have to open networks": This article appears today in The Baltimore Sun.
Posted at 07:00 AM by Howard Bashman



"Media can be sued for report of others' libel": Today in The Pittsburgh Post-Gazette, Michael McGough has this article.
Posted at 06:50 AM by Howard Bashman



"Girls' killer had his day in court, state says; Appeal claims U.S. did not follow rules of '63 treaty": This article appears today in The Houston Chronicle, along with an article headlined "Reviews give hope to Mexicans on death row; Possible violation of right to local consular notification may lighten sentences."

David G. Savage of The Los Angeles Times reports that "Justices May Sidestep Death Row Decision; A World Court ruling and a surprise order by Bush complicate the cases of 51 Mexican nationals sentenced to die in several states."

Michael McGough of The Pittsburgh Post-Gazette reports that "High court case tinged by foreign policy."

And The Washington Times reports that "Court told to ignore global issues in case."
Posted at 06:44 AM by Howard Bashman




"Justices to review death penalty retrial order; Prosecutors also get break in similar case before Ninth Circuit": Bob Egelko has this article today in The San Francisco Chronicle.
Posted at 06:42 AM by Howard Bashman


Monday, March 28, 2005


"Keller resigns from Supreme Court": The Lexington Herald-Leader provides a news update that begins, "Kentucky Supreme Court Justice James E. Keller of Lexington, known for his work in establishing drug courts in the state, will step down from the bench, effective May 31."
Posted at 11:28 PM by Howard Bashman



"Colorado Court Bars Execution Because Jurors Consulted Bible": This article will appear Tuesday in The New York Times.
Posted at 11:25 PM by Howard Bashman



In Tuesday's edition of The Washington Post: Charles Lane will have an article headlined "Justices Consider Rights of Foreigners; Power of International Court at Issue."

A profile of former Fourth Circuit nominee Claude A. Allen will bear the headline "Bush's Domestic Adviser Is 'a Jack of All Trades.'"

And in other news, "Where Age And Power Go Together: Washington Accepts Elderly Leaders."
Posted at 11:10 PM by Howard Bashman




"High court hears Houston death case; Justices grapple with foreigners' rights, constitutional issues": Allen Pusey will have this article Tuesday in The Dallas Morning News.
Posted at 11:05 PM by Howard Bashman



"Bush Decision to Comply With World Court Complicates Case of Mexican on Death Row": Linda Greenhouse will have this article Tuesday in The New York Times.
Posted at 09:55 PM by Howard Bashman



"Supreme Court Won't Rule on 'Neutral Reporting Privilege'": David G. Savage of The Los Angeles Times provides this news update.
Posted at 08:40 PM by Howard Bashman



The Associated Press is reporting: In news pertaining to the U.S. Supreme Court, "Court hears housing dispute between San Francisco, historic hotel" and "Supreme Court declines to hear appeal in child porn case against former Calif. judge."

And in other news, "Judge: Moussaoui Trial Date to Be Set Soon." Today's order of the U.S. District Court for the Eastern District of Virginia can be accessed here.
Posted at 08:32 PM by Howard Bashman




On this date in "How Appealing" history: One year ago today, I had a post titled "Tonight's broadcast of '60 Minutes' will contain an interview with Fifth Circuit recess appointee Judge Charles W. Pickering, Sr." A transcript of that "60 Minutes" segment remains available online at this link, while Judge Pickering himself no longer remains on the Fifth Circuit because his recess appointment expired last December.

Also one year ago today, I linked here to an article published that day in The Detroit News headlined "Bush likely to opt for court nominee with Federalist ties; Right-wing legal society grows in political clout since 1982 inception." The concluding sentence of that article states, "Court watchers consider [Jeffrey S.] Sutton, who now serves on the Cincinnati-based 6th U.S. Circuit Court of Appeals, as Supreme Court material."
Posted at 07:33 PM by Howard Bashman




"KC man sentenced for threats to federal judge": The Associated Press provides this report from Kansas City, Missouri.

And online at The Village Voice today, James Ridgeway has an essay entitled "Schiavo Judge Has Reason to Fear: Armed guards, dead flowers, and not very Christian-sounding e-mail."
Posted at 07:22 PM by Howard Bashman




Playing the role of Dahlia Lithwick in this evening's performance is Emily Bazelon: Online at Slate this evening, Emily Bazelon has a Supreme Court dispatch headlined "You Picked a Fine Time To Leave Me: President Bush ditches Texas in front of the Supreme Court" that begins, "Let's start with the obvious: I'm not Dahlia Lithwick. To Dahlia's devotees--and you are legion--who are thinking of me as Kirstie Alley on Cheers, or the subbed-in Luke on the Dukes of Hazzard, well, sorry about that. But think about it this way: It's not as if Slate has killed Dahlia off. She'd just rather not give birth to her new baby in court. So, until she comes back, skinnier if not well-rested, I'll be keeping an eye on her nine other babies."
Posted at 07:11 PM by Howard Bashman



"Court hears arguments on foreigners' rights in death-penalty cases": The Fort Worth Star-Telegram provides this news update.
Posted at 07:05 PM by Howard Bashman



Available online from National Public Radio: This evening's broadcast of "All Things Considered" contained a segment entitled "Supreme Court to Hear Arguments on File Sharing."

And today's broadcast of "Day to Day" included segments entitled "Echoes of Earlier Right-to-Die Battle in Schiavo Case" and "Mass Injury Diagnosis in Personal-Injury Lawsuits."

RealPlayer is required to launch these audio segments.
Posted at 07:00 PM by Howard Bashman




"Chief Justice Rehnquist Returns to Bench": The Associated Press reports here that "Chief Justice William H. Rehnquist, ailing with thyroid cancer, went to the hospital over the weekend after experiencing breathing problems but returned to the bench Monday."
Posted at 06:02 PM by Howard Bashman



"Online Music Case Outcome Rests on VCR Technology": Reuters provides this report.
Posted at 06:00 PM by Howard Bashman



"High court shows Pryor restraint": The Birmingham News today contains an editorial that begins, "Even the U.S. Supreme Court won't consider removing former Alabama Attorney General Bill Pryor from the 11th U.S. Circuit Court of Appeals. Why doesn't the U.S. Senate simply carry out its responsibility and vote Pryor's nomination up or down?"
Posted at 05:40 PM by Howard Bashman



"Supreme Showdown for P2P's Future": Wired News provides this report.
Posted at 05:35 PM by Howard Bashman



"Imagine Terri Were a Toaster... An economist considers the Schiavo case." Steven E. Landsburg today has this everyday economics essay online at Slate.

What I have yet to see -- perhaps because I'm not looking in the right places -- is anyone who has remarked on all the good that could have been accomplished had the money and resources consumed by the U.S. Congress and President Bush in passing and signing the federal law applicable to Terri Schiavo's case -- a law that proved to be of no help to those seeking to keep Ms. Schiavo alive -- been used instead to assist those in need whose lives that money could have saved or improved substantially for the better. What was the price tag for the Schiavo law, and how might that money been used instead actually to save or improve the lives of others in need? Enquiring minds want to know.
Posted at 05:15 PM by Howard Bashman




"Justices Find Medellin Case a Muddle": law.com's Tony Mauro provides this news update.
Posted at 05:02 PM by Howard Bashman



Corante launches "Between Lawyers" blog: You may recognize many of the contributors to this new blog.
Posted at 04:40 PM by Howard Bashman



"The war over downloading: The debate over Internet piracy has raged for years; Now the Supreme Court is about to weigh in." CNN/Money provides this report.
Posted at 04:33 PM by Howard Bashman



"Bible Reading Thwarts Colo. Murder Case": The Associated Press reports here that "The Colorado Supreme Court threw out the death sentence Monday of a man convicted of raping and killing a cocktail waitress because jurors consulted the Bible during deliberations." You can access today's 3-2 ruling of the Supreme Court of Colorado at this link.
Posted at 04:20 PM by Howard Bashman



"Barely Legal: The hottest trend in file sharing." Dana Mulhauser today has this jurisprudence essay online at Slate.
Posted at 04:18 PM by Howard Bashman



"Supreme Court May Not Decide Case of Death-Row Mexican": James Vicini of Reuters provides this report.
Posted at 04:15 PM by Howard Bashman



"Judge Orders U.S. PS2 Sales Halted; Sony Appealing": Reuters provides this report. And The Associated Press reports that "Sony Ordered to Pay in PlayStation Case."
Posted at 03:05 PM by Howard Bashman



Law Professor Jeffrey Rosen -- here, there, and everywhere: Yesterday, Professor Rosen had an op-ed in The Washington Post entitled "It's The Law, Not the Judge; But These Days the Bench Is the Hot Seat." Today, The Washington Post hosted Professor Rosen's online chat on the subject of that op-ed.

Professor Rosen also appeared on this past Saturday's broadcast (RealPlayer required) of C-SPAN's "America & the Courts," where he discussed his article "Rehnquist the Great? Even liberals may come to regard William Rehnquist as one of the century's most successful chief justices" (subscription required), which appears in the April 2005 issue of The Atlantic Monthly.
Posted at 02:45 PM by Howard Bashman




"Auman conviction reversed": The Denver Post provides this news update. When the case was argued last September in the Supreme Court of Colorado, The Denver Post published an article headlined "'Felony murder' weighed" and an essay by columnist Diane Carman entitled "Auman case hangs from a split hair."
Posted at 02:40 PM by Howard Bashman



"Rights of Foreigners on Death Row Examined": Hope Yen of The Associated Press has this report on one of the oral arguments that the Supreme Court of the United States heard this morning. And at "SCOTUSblog," Lyle Denniston reports on the oral argument in a post titled "Medellin case: the Court hesitates."
Posted at 02:22 PM by Howard Bashman



"Daniel Benitez, key plaintiff in Mariel boatlift case, dead at 49": The Associated Press reports here that "One of two Mariel Cubans whose cases against the U.S. government led to the Supreme Court decision barring the indefinite detention of illegal migrants died Monday, his attorney said." The U.S. Supreme Court issued the ruling in question on January 12, 2005.
Posted at 01:00 PM by Howard Bashman



"Spokesman says Terri Schiavo reacted to a friend's visit": The Miami Herald provides this news update.
Posted at 12:57 PM by Howard Bashman



"Justice's family to back BWI renaming; Thurgood Marshall's wife, son to urge legislators to honor civil rights pioneer; Bill passed House, sits in Senate": This article appears today in The Baltimore Sun.
Posted at 12:52 PM by Howard Bashman



"Culture War's Latest Chapter: Schiavo Case." The Associated Press provides this report.
Posted at 12:44 PM by Howard Bashman



"Both sides find ammo in Pryor's record; Whether his federal judgeship should be permanent debated": This article appears today in The Birmingham News.
Posted at 11:55 AM by Howard Bashman



"Parents Appeal to Fla. Governor to Help Schiavo": Reuters provides this report.
Posted at 11:21 AM by Howard Bashman



Hope Yen of The Associated Press is reporting: This morning, she has articles headlined "High Court Lets Stand Defamation Ruling" and "Court Declines to Review Abortion Law."
Posted at 11:18 AM by Howard Bashman



"Colorado Supreme Court overturns Auman conviction": The Associated Press provides this report on a ruling that the Supreme Court of Colorado issued today.

"TalkLeft" offers these thoughts on today's ruling.
Posted at 11:11 AM by Howard Bashman




"Domestic, Not Foreign: Our laws should be judged by our laws." U.S. Senator John Cornyn (R-TX) has this essay today at National Review Online.
Posted at 10:30 AM by Howard Bashman



Today's U.S. Supreme Court Order List: You can access the list at this link. As Lyle Denniston explains here at "SCOTUSblog," the Court granted review in only one case today, a death penalty case.
Posted at 10:00 AM by Howard Bashman



On today's broadcast of NPR's "Morning Edition": Nina Totenberg reported that "Supreme Court Hears Consular-Access Case."

This morning's broadcast also contained segments entitled "Report: Pentagon Eyes Changes for Guantanamo Detainees" and "Connecticut Legislature May OK Gay Civil Unions."

RealPlayer is required to launch these audio segments.
Posted at 09:45 AM by Howard Bashman




In news from Illinois: The Associated Press reports today that "Case raises ethical dilemma for justice; Karmeier presiding over State Farm case; company contributed to his campaign."

In related coverage, last week The St. Louis Post-Dispatch contained an article headlined "Justice looks at changing how judges are chosen" that begins, "In the wake of last year's bitter and expensive Illinois Supreme Court race in Southern Illinois, the court's chief justice quietly convened a meeting of the state's top legal minds Tuesday to lay groundwork for what could be a major overhaul of the way Illinois selects its judges."
Posted at 09:35 AM by Howard Bashman




"How the Schiavo Federal Court Case Might Have Been Won": FindLaw columnist Michael C. Dorf has this essay.
Posted at 08:28 AM by Howard Bashman



In today's edition of The Los Angeles Times: An article reports that "Rare Bugs Arrest a Development; A Texas man, backed by property rights advocates, is trying to get the Supreme Court to hear his challenge to the Endangered Species Act."

And in other news, "Schiavo Called Beyond Saving; Seeing their daughter 'declining rapidly,' the woman's parents are done with courtroom efforts to keep her alive, a spokesman says" and "'Culture of Life' Issues Split GOP."
Posted at 08:20 AM by Howard Bashman




"Clash Over Foreign Law Due in High Court Today": Luiza Ch. Savage has this article today in The New York Sun.

The Washington Times reports today that "Justices get Mexican's appeal."

And The Fort Worth Star-Telegram reports that "Court to hear Texas case on consular notification."
Posted at 08:12 AM by Howard Bashman




"Death and Congress: What the Terri Schiavo case says about America and American politics." In the April 4, 2005 issue of The New Yorker, Hendrik Hertzberg has a "Talk of the Town" comment in which he writes, "Terri Schiavo has become a metaphor in the religio-cultural struggle over abortion. This--along with the advantages of demonizing the judiciary in preparation for the coming battle over Supreme Court nominees--explains the eagerness of Republican politicians to embrace her parents' cause."
Posted at 06:42 AM by Howard Bashman



"The fight for the courts: The Terri Schiavo case has demonstrated the importance of an independent judiciary, but Republicans are determined to pack the courts with ideologues." This editorial appears today in The St. Petersburg Times.

The Houston Chronicle today contains an editorial entitled "The constitutional role of an independent Senate is more important than the confirmation of a handful of ideological judicial nominees."

The Winston-Salem Journal contains an editorial entitled "Save the Filibuster."

The Minnesota Daily contains an editorial entitled "Nuclear tyranny in the Senate: Deploying the 'nuclear option' will both destroy bipartisanship and damage debate."

And in The Tufts Daily, Mark DeVoto has an essay entitled "Republicans consider the 'nuclear option.'"
Posted at 06:40 AM by Howard Bashman




"High Court Prepares for Case Against File Sharing; The entertainment and tech industries will face off over piracy and who is liable for it": The Los Angeles Times contains this article today.

The San Francisco Chronicle today contains articles headlined "Music file-sharing case before high court; Ruling could have major effect on future of entertainment industry, consumer rights"; "Latest battle between Hollywood and tech industry could be most crucial one yet"; and "The sharing goes on; Industry clampdown hasn't hurt its popularity on college campuses."

The Washington Times reports that "Artists to tune in to court case."

And The New York Times today contains an editorial entitled "When David Steals Goliath's Music."
Posted at 06:32 AM by Howard Bashman




"Supreme Court to Hear Case on Cable's Regulatory Duties": This article appears today in The New York Times.

And The Philadelphia Inquirer's "Consumer Watch" columnist today has an essay entitled "Arguments on future of fast Internet."
Posted at 06:30 AM by Howard Bashman




"Rights of Foreigners on Death Row Examined": Hope Yen of The Associated Press provides this report.
Posted at 06:20 AM by Howard Bashman


Sunday, March 27, 2005


In Monday's issue of USA Today: Joan Biskupic will have an article headlined "Online file sharing to face judicial test." And a related article looks at the question "Who's liable for actions of people who share?"
Posted at 11:45 PM by Howard Bashman



In Monday's edition of The Washington Post: Charles Lane will report that "Texas Accuses Bush of Trampling Its Autonomy in Death Penalty Case."

And a front page article will bear the headline "Pharmacists' Rights at Front Of New Debate; Because of Beliefs, Some Refuse To Fill Birth Control Prescriptions."
Posted at 10:50 PM by Howard Bashman




"A Supreme Court Showdown for File Sharing": This article will appear in Monday's edition of The New York Times.

Monday's issue of The Hollywood Reporter will contain an article headlined "Justices set to hear MGM v. Grokster."

Agence France Presse reports that "P2P case comes up this week" (found via Google News, no less!).

c|net News.Com reports that "Mark Cuban to finance Grokster defense."

Saturday's edition of The San Jose Mercury News reported that "Grokster case pits tech innovation vs. Hollywood's rights."

And in Thursday's edition of The Fort Worth Star-Telegram, Linda Campbell had an essay entitled "Moguls vs. millions of file-swappers."
Posted at 10:14 PM by Howard Bashman




"Signature drive for cross gets push at holiday events": The San Diego Union-Tribune today contains an article that begins, "A push to keep the cross on Mount Soledad continued yesterday as signature collectors fanned throughout San Diego County."
Posted at 08:45 PM by Howard Bashman



"When filibusters were real": The Boston Herald today contains an editorial that begins, "There's been a lot of agita about the possibility of the Senate's majority Republicans using a 'nuclear option' when sessions resume this week to change the rules of the Senate to prevent filibusters of the president's judicial nominees." According to the U.S. Senate's web site, the Senate won't be back in session until Monday, April 4, 2005.
Posted at 07:30 PM by Howard Bashman



"Lawyers cast light inside 'Gitmo'; Access brings abuse allegations": This article appears today in The Kansas City Star.

And today in The New York Times, Neil A. Lewis has an article headlined "At Guantanamo, Refueling With Java and Windmills."
Posted at 07:28 PM by Howard Bashman




"Schiavo Nearing Death in Florida; Battle Over": Reuters provides this report.

And Monday's edition of The Guardian (UK) reports that "Schiavo's relatives in row over funeral; Parents attack husband's plan for cremation, as woman lies dying."
Posted at 07:25 PM by Howard Bashman




"What influence international law has in US courtrooms; High Court Monday considers conflicting rights surrounding noncitizens on death row": Warren Richey will have this article in Monday's edition of The Christian Science Monitor.
Posted at 05:18 PM by Howard Bashman



"Judge's dinner talk at center of dispute; Attorney for teen convicted of murder sought new trial in motions": This article appeared Friday in The News Journal of Wilmington, Delaware. Earlier this month, that newspaper published another article about the case under the headline "High court ruling spares Del. killer; Supreme Court's decision bars execution of juveniles." (Thanks to Norm Pattis at "Crime & Federalism" for the pointer.)
Posted at 04:45 PM by Howard Bashman



"Phrase causes flap at FdL High School": Friday's edition of The Reporter of Fond du Lac, Wisconsin contained an article that begins, "After a two-week debate over use of the phrase 'God Bless America' in an all-school announcement at Fond du Lac High School, junior Calvin Freiburger used the phrase again Thursday -- this time with the consent of the administration."

I first noted this matter Wednesday in a post that you can access here.
Posted at 04:33 PM by Howard Bashman




Access online the lyrics to "I'm Larry Tribe": I previously linked to the audio (Windows Media Player required) of this song parody performed as part of the Harvard Law School Parody 2005 "Finding Nemo Contributorily Negligent," and now you can access the lyrics at this link.
Posted at 03:20 PM by Howard Bashman



On this date in "How Appealing" history: One year ago today, I had a post titled "Democrats in the Senate Issue Threat to Block Court Nominees" linking to this New York Times article and other press coverage.

And believe it or not, it was a full two years ago today that the Senate Judiciary Committee voted by a 10-9 margin along party lines to approve the nomination of Priscilla R. Owen to the U.S. Court of Appeals for the Fifth Circuit. My report on that vote can be found here. As The Dallas Morning News reported two years ago tomorrow, "Split Senate panel backs Owen's nomination; Texas judge gets 2nd chance after defeat by Democrats last year." At that day's Judiciary Committee business meeting, as noted in a text linked in my post titled "Senator Patrick J. Leahy (D-VT) has a few things he'd like to say," Senator Leahy stated about the Owen nomination that "Never before has a President resubmitted a circuit court nominee already rejected by the Senate Judiciary Committee, for the same vacancy."
Posted at 02:45 PM by Howard Bashman




"I'm Larry Tribe": The audio (Windows Media Player required) from this song parody performed to the tune of "I will survive" as part of the Harvard Law School Parody 2005 (the show was titled "Finding Nemo Contributorily Negligent") can be accessed at this link. Some of the lyrics to the song are reproduced in the April 4, 2005 print edition of The Weekly Standard. The writers of this year's show are Jamie Auslander, Jeremy Blachman, Taylor Dasher, Andi Friedman, Rebecca Ingber, and Justin Shanes. Perhaps later today I'll post online the complete lyrics. Or, perhaps not.
Posted at 01:22 PM by Howard Bashman



"Supreme Court Nominations: Prospects & Consequences for the Court and the Nation." This program is scheduled to occur at American University Washington College of Law on Wednesday, April 6, 2005.

A law professor there has emailed to advise the following are slated to participate in the program as panelists or moderators: Drew S. Days; Charles Fried; Marci A. Hamilton; David A. Strauss; Nina Totenberg; Bradford Berenson; Manuel Miranda; Clifford Sloan; Ronald Weich; and Tom Goldstein. There's no word yet concerning whether the event will be broadcasted online.
Posted at 01:00 PM by Howard Bashman




"It's Starr vs. ACLU in Waikiki": The Honolulu Advertiser today contains an article that begins, "The Terri Schiavo legal saga in Florida was the first topic of a debate yesterday as former Whitewater special prosecutor Kenneth Starr and ACLU national president Nadine Strossen traded views and lighthearted barbs at the fourth Davis Levin First Amendment Conference at the Hilton Hawaiian Village in Waikiki."
Posted at 12:52 PM by Howard Bashman



"Anti-Bias Law Has Backfired at Berkeley": Robert J. Birgeneau, chancellor of UC Berkeley, has this op-ed today in The Los Angeles Times.
Posted at 12:50 PM by Howard Bashman



The Sacramento Bee is reporting: Today's newspaper contains articles headlined "Abortion-rights battle shaping up; The ballot plan would require parents of minors to be notified at least 48 hours in advance" and "Foreign national's case under review; High court faces the question of whether state convictions violated international law."

And yesterday, the newspaper contained articles headlined "Partner law faces test in court; Critics say law on same-sex unions is unconstitutional" and "History-making judge known as tough but fair."
Posted at 12:23 PM by Howard Bashman




"Congressional Republicans Target 'Activist' Judiciary": This quite interesting segment (RealPlayer required) appeared on yesterday evening's broadcast of NPR's "All Things Considered."
Posted at 09:32 AM by Howard Bashman



"Court kills shipper's $678,000 in damages; Federal law limits claim on FedEx by Emeryville firm": Bob Egelko had this article yesterday in The San Francisco Chronicle. You can access Friday's ruling of the California Court of Appeal for the First Appellate District at this link.
Posted at 09:30 AM by Howard Bashman



In news from Kansas: The Associated Press reports that "Legislators angered by high court decisions; Death penalty, school finance spark backlash in Statehouse."
Posted at 09:24 AM by Howard Bashman



In the April 4, 2005 issue of U.S. News & World Report: The magazine will contain articles headlined "Life and death politics: The Schiavo case is just the latest front in a much nastier war" and "Bill Frist's balancing act."
Posted at 09:22 AM by Howard Bashman



"Johnnie Cochran, Word Cop": Ronald K.L. Collins has this op-ed today in The Los Angeles Times.
Posted at 09:20 AM by Howard Bashman



Happy belated birthday to Justice Sandra Day O'Connor: As noted here, she celebrated her 75th birthday yesterday.
Posted at 09:12 AM by Howard Bashman



"Schiavo case offers dramatic lesson in government, politics, rule of law": Stephen Henderson of Knight Ridder Newspapers provides this report.
Posted at 09:05 AM by Howard Bashman



"Legal battle over, parents seek miracle; While each side has a different take on Terri Schiavo's condition, her family settles into a somber and silent wait": This article appears today in The St. Petersburg Times, along with an article headlined "Schiavo's legacy may live in debate; End-of-life issues may never be addressed the same after the unprecedented intervention in her case."

The Tampa Tribune reports that "Schindlers Turn Inward For Easter."

The Orlando Sentinel contains an article headlined "Uneasy street: Furor at hospice riles neighbors."

The Miami Herald reports that "Parents end legal fight."

The San Francisco Chronicle reports that "At vigil, Schiavo depicted as new martyr; Appeals rejected; her parents run out of legal options."

The Los Angeles Times contains articles headlined "Dismissal of Parents' Claim May Mark End of Legal Battle; They say their daughter tried to utter: 'I want to live'; After a judge and the state Supreme Court reject the latest petition, few options remain" and "A Family's Slow Descent Into Loathing: Michael Schiavo and his in-laws stuck together, but then a settlement planted seeds of discord."

The Washington Post reports that "Fla. High Court Rejects Schindlers' Appeal" and "Bush's Back-and-Forth Reflects Rift in Party."

The Chicago Tribune contains an article headlined "Before tragedy, an ordinary life; Accounts diverge on Terri Schiavo and her thoughts about life support, but friends and family paint a portrait of a woman who liked hanging with friends, worked to get by and weathered marriage's high."

The Boston Globe reports that "Schiavo family vigil nearing end."

Finally, The New York Times reports that "Governor Is Pressed on Schiavo as Legal Moves Dwindle." The Week in Review section contains essays entitled "The Dangers of Political Theater" and "Did Descartes Doom Terri Schiavo?" And columnist Frank Rich has an essay entitled "The God Racket, From DeMille to DeLay."
Posted at 08:44 AM by Howard Bashman




"A Star Reporter Fights Subpoena, and Criticism; Some applaud Judith Miller for protecting her sources, but question what they call her uncritical coverage of Iraq weapons programs": This article appears today in The Los Angeles Times.
Posted at 08:30 AM by Howard Bashman



"DeLay Family Outcome Different From Schiavo's": Sunday's edition of The Los Angeles Times will contain an article that begins, "A family tragedy unfolding in a Texas hospital during the fall of 1988 was a private ordeal -- without judges, emergency sessions of Congress or the raging debate outside Terri Schiavo's Florida hospice."
Posted at 12:10 AM by Howard Bashman


Saturday, March 26, 2005


"Battle over judicial nominees likely to be ideological war": This news analysis will appear Sunday in The Philadelphia Inquirer.

Sunday's issue of The Milwaukee Journal Sentinel will report that "Battle on judges may get nasty; Kohl, Feingold defend Democrats' right to filibuster some nominees."

And in Sunday's edition of The Washington Post, Law Professor Jeffrey Rosen will have a quite interesting essay entitled "It's The Law, Not the Judge; But These Days the Bench Is the Hot Seat."
Posted at 11:20 PM by Howard Bashman




Virginia Pledge of Allegiance case argued before first three-judge panel to consist entirely of female Fourth Circuit judges: Earlier today, I linked here to the appellate briefs and district court opinion in this case.

This evening, while my wife and I were out watching a local production of the play "Blue/Orange," a reader emailed to advise that the Fourth Circuit panel assigned to decide this appeal consists of Circuit Judges Karen J. Williams, Diana Gribbon Motz, and Allyson K. Duncan. A question-and-answer session with law students followed the oral arguments held at Wake Forest University School of Law in Winston-Salem, North Carolina. According to my correspondent, "In answer to one question, the Judges stated that this was the first all-woman panel composed of 3 Fourth Circuit judges. There had been a previous all-woman panel composed of 2 Fourth Circuit judges and 1 district court judge."
Posted at 10:58 PM by Howard Bashman




"Florida high court refuses Schiavo petition; Schindlers' lawyer says legal fight is near end": CNN.com provides this report. And The Associated Press reports that "Legal Fight Over Schiavo Nearing an End."

This evening's order of the Supreme Court of Florida can be accessed at this link.
Posted at 10:28 PM by Howard Bashman




"Schiavo Judge Attains New Fame, Infamy": The AP offers this report.
Posted at 05:24 PM by Howard Bashman



"Attorneys: Schiavo Legal Battle Nears End." The Associated Press provides this report.
Posted at 04:02 PM by Howard Bashman



On this date in "How Appealing" history: Now that this blog has been in existence for literally forever and a day, it is possible to reach back into the archives to point out potentially interesting or amusing posts that first appeared online here on this very date one or more years ago.

For example, on March 26, 2004, I had a post titled "Apparently no 'Larry' or 'Curly' defendants were sued" that began, "If Unocal Corp. can be sued in California for alleged abuses committed in Myanmar, then why can't ChevronTexaco Corp. be sued in California for alleged abuses committed in Nigeria?"

And two years ago today, I was not only linking to Dahlia Lithwick's coverage of that day's oral argument in Lawrence v. Texas, but I was also attempting to explain the U.S. Supreme Court's ruling handed down that day which once and for all brought an end to Fifth Amendment takings clause challenges against IOLTA programs.
Posted at 03:45 PM by Howard Bashman




"Appellate trivia (Map v. Idaho and Montana):" That was the title of this post of mine from March 2003. Now, via Orin Kerr at "The Volokh Conspiracy," I see that some enterprising law professor has been able to spin the subject into a law review article that's being published in a forthcoming issue of The Georgetown Law Journal.
Posted at 03:15 PM by Howard Bashman



"Pledge of Allegiance Debate Heard; Lawyers argue over whether Loudoun students should be reciting the Pledge in school": This article, which appeared Thursday in The Loudoun (Va.) Connection, discusses a case argued two Fridays ago in the U.S. Court of Appeals for the Fourth Circuit.

A reader has kindly forwarded electronic copies of the briefs filed in the Fourth Circuit. I have posted online the Brief for Appellant filed by a parent challenging the daily recitation of the Pledge of Allegiance as an Establishment Clause violation; the Briefs for Appellees filed by the school board and the Commonwealth of Virginia; the brief filed by the federal government as intervenor; the amicus brief filed by the State of Alabama on behalf of 30 States; and the parent's reply brief. The decision that is the subject of this appeal originates from the U.S. District Court for the Eastern District of Virginia. Some of these uploaded files are very large documents, so be forewarned.
Posted at 02:22 PM by Howard Bashman




"U.S. Drafts Plan to Strengthen Detainee Rights": Sunday's edition of The New York Times will contain an article that begins, "Battered by criticism from the federal court, foreign governments and human rights groups, the Defense Department is considering substantial changes to the special military tribunals that the Bush administration established to try foreign terrorism suspects at Guantanamo Bay, Cuba."
Posted at 01:33 PM by Howard Bashman



"Aguirre: Vote about cross OK; Measure could reverse City Council's decision." Thursday's edition of The San Diego Union-Tribune contained an article that begins, "City Attorney Michael Aguirre said yesterday that voters should be able to pursue a referendum to reverse the City Council's decision that cleared the way for the Mount Soledad cross to be moved off public land."
Posted at 01:30 PM by Howard Bashman



BREAKING NEWS -- Florida state trial court judge denies Terri Schiavo's parents' latest request to reconnect feeding tube: So CNN is reporting.

And The Associated Press reports that "Fla. Judge Nixes Schiavo Parents' Request."

Update: A copy of the ruling can be viewed at this link.
Posted at 12:10 PM by Howard Bashman




"Good Judgment": The Washington Post today contains an editorial that begins, "Neither Congress nor President Bush acquitted themselves well last weekend in enacting a law to intervene in the case of Terri Schiavo. But in the days that have followed, one institution of American government has distinguished itself in its handling of the matter: the federal courts."
Posted at 11:02 AM by Howard Bashman



"Schiavo Parents Won't Fight Federal Ruling": The Associated Press reports here that "Terri Schiavo's parents will not ask a federal appeals court to reconsider its decision that left their brain-damaged daughter without her feeding tube, leaving one of their last hopes with a state judge who has ruled against them before, one of their lawyers said Saturday."

And CNN.com offers a report headlined "Attorney: No more federal appeals in Schiavo case; State judge to announce ruling by noon."
Posted at 10:50 AM by Howard Bashman




Available online from c|net News.Com: An article reports that "Broadband scuffle reaches Supreme Court."

And an article about Google News is headlined "All the news that robots pick."
Posted at 09:42 AM by Howard Bashman




"Salazar retreats from no-filibuster position": This article appears today in The Washington Times.

And in The Oregonian today, columnist Robert Landauer has an essay entitled "'Nuke' option fallout has deadly effect."
Posted at 09:40 AM by Howard Bashman




"Screenwriter snubbed by appeals court in S.F.; Ruling says she doesn't own copyright": Bob Egelko has this article today in The San Francisco Chronicle.
Posted at 09:40 AM by Howard Bashman



"Schiavo: Same judges, same result; Judges who have already denied requests to reinstate Terri Schiavo's feeding tube issue the same rulings." This article appears today in The St. Petersburg Times, along with an article headlined "She's the other woman in Michael Schiavo's heart."

The Tampa Tribune reports that "Schiavo In 'Last Hours,' Exhausted Father Says."

The Orlando Sentinel reports that "Schiavo protesters aim ire at Gov. Bush; Her parents keep fighting in court as their backers compare the governor to Pontius Pilate."

The Miami Herald contains articles headlined "Protesters on vigil near Schiavo sensing long struggle may be over; A sense of inevitability set in at Terri Schiavo's hospice despite a provocative new claim by her parents that she tried to speak" and "Police 'showdown' averted."

The Washington Post contains articles headlined "Schiavo's Parents Take 'Final Shot' to Keep Her Alive" and "Schiavo Case Tests Priorities Of GOP."

The Los Angeles Times reports that "Court Denies Parents' Appeal; The Schindlers urge Gov. Bush to save their daughter as protesters at his mansion demand he send state agents to take custody of Terri Schiavo."

The Boston Globe reports that "Schiavo's parents keep up appeals; But daughter is facing final hours, Schindlers say."

The San Francisco Chronicle reports that "Schiavo shied away from the spotlight; An 'ironic' public role for a private person."

And The Chicago Tribune reports that "Suspect tried to steal gun to rescue Schiavo, cops say."
Posted at 09:30 AM by Howard Bashman



Friday, March 25, 2005


In Saturday's edition of The New York Times: The newspaper will contain articles headlined "Behind Life-and-Death Fight, a Rift That Began Years Ago"; "Schiavo in Her 'Last Hours,' Father Says Amid Appeals"; and "Schiavo's Condition Holds Little Chance of Recovery."
Posted at 11:24 PM by Howard Bashman



"Circuit Court again rebuffs Schiavo parents": Lyle Denniston has this post online at "SCOTUSblog."

And CNN.com reports that "Judges deny Schiavo parents again; Schindlers to Governor Bush: 'Please do something.'" The CNN article reports that "After the federal panel's decision Friday night, the Schindlers appealed to Florida Gov. Jeb Bush to intervene, calling what happened 'judicial homicide.'"
Posted at 11:20 PM by Howard Bashman




"Art foundation wants high court to intervene in dispute over move": The Associated Press provides this report.
Posted at 10:40 PM by Howard Bashman



"In Solomon's Absence: The Schiavo case made bad law and good politics." Daniel Henninger has this essay today in The Wall Street Journal.
Posted at 10:35 PM by Howard Bashman



Is this stick longer than that rock is heavy? Today, Tenth Circuit Judge Michael W. McConnell issued an interesting concurring opinion in a case that presents the question "whether the State of Kansas may require members of a Kansas Indian tribe to register and title their vehicles with the State if they drive off-reservation on Kansas roads and highways." The opinion reminds me that you just don't see that many cars titled in Singapore driving on highways in the United States.
Posted at 10:30 PM by Howard Bashman



Available online from law.com: An article reports that "Schiavo Case Demonstrates Growing Tension Between Courts, Congress."

Tony Mauro reports that "Top Attorneys Tapped for High Court Tech Cases." According to the article, the lawyers arguing the cases have all either clerked at the U.S. Supreme Court or wirelessly blogged from there. And in related coverage, Marcia Coyle reports that "Broad View of Broadband Sought at High Court."

Finally, Deborah C. England has an essay entitled "The Nuclear Option: Changing Senate rules on filibusters would be bad policy -- and bad law."
Posted at 10:28 PM by Howard Bashman




In today's edition of The Boston Globe: The newspaper contains articles headlined "Roe v. Wade omitted from proclamation" and "State courts to videotape judges' actions on bench; Aim is to improve trial performance."
Posted at 10:18 PM by Howard Bashman



"Commandments display OK'd; House endorses them in government, school buildings; Senate will wait for court ruling": This article appears today in The Detroit News.
Posted at 10:15 PM by Howard Bashman



BREAKING NEWS -- U.S. Court of Appeals for the Eleventh Circuit again rules against Terri Schiavo's parents: You can access this evening's ruling at this link. This ruling, by the same three-judge panel that ruled in the earlier case, is unanimous. The latest news coverage from The Associated Press is available at this link.
Posted at 09:19 PM by Howard Bashman



Don't digitize the chili: Sure, finding a human finger in a bowl of chili is tasteless, but then so is finding humor in the situation by blending that story (which I haven't previously mentioned here) with another news story (which I have covered plenty in recent days).

In case others haven't been following the news out of San Jose closely either, here's a quick rundown.

On Wednesday, The San Jose Mercury News reported that "Woman claims to find finger in eatery's chili." Yesterday, that newspaper reported that "It's official: That was a finger in chili." And today, the newspaper provides a news update headlined "Coroner unsure if finger cooked or placed in chili bowl later."

Meanwhile, The San Francisco Chronicle yesterday contained a front page article headlined "Wendy's diner finds human finger in her chili." And today, the newspaper reports that "Authorities seek hand with a missing finger."
Posted at 09:10 PM by Howard Bashman




"Student's blog strikes chord, generates book deal": Congratulations to Jeremy Blachman on this wonderful news. During my visit to Harvard Law School in late April, I will try to find some time to help Jeremy fritter away his staggeringly generous cash advance.
Posted at 08:22 PM by Howard Bashman



"Schiavo parents get emergency hearing; They argue that daughter expressed will to live": CNN.com provides this report.

And The Miami Herald provides a news update headlined "Schiavo's parents: Terri tried to speak last week."
Posted at 07:10 PM by Howard Bashman




"Schiavo's parents get 'emergency hearing'; Father says she is 'down to her last hours'": CNN.com provides this news update. The emergency hearing referse to a hearing in a state court in Clearwater, Florida scheduled for 5:30 p.m. today.
Posted at 04:58 PM by Howard Bashman



"Author of Clarence Thomas biography speaks at HLS": This article appears in the current issue of The Harvard Law Record.
Posted at 04:35 PM by Howard Bashman



"'Evolving Standards of decency' saved Christopher Simmons's life; they weren't enough to save Terri Schiavo": William Kristol will have this essay in the April 4, 2005 issue of The Weekly Standard.

And at National Review Online today, Andrew C. McCarthy has an essay entitled "Beyond a Reasonable Doubt: Terri Schiavo has been denied due process of law."
Posted at 04:22 PM by Howard Bashman




"Schiavo Update: Parents Suffer Legal Setbacks." Today's broadcast of NPR's "Day to Day" included this segment (RealPlayer required).

Meanwhile, at "SCOTUSblog," Lyle Denniston has a post titled "Schiavo case again on the way up."
Posted at 04:15 PM by Howard Bashman




Speech Impediment: Is Floyd Abrams endangering press freedom by defending it? Online at The New Republic today, Alexander Barnes Dryer has this review of Floyd Abrams's new book, "Speaking Freely: Trials of the First Amendment."
Posted at 04:00 PM by Howard Bashman



"The Barnes Foundation Seeks Fast Resolution To Anti-Move Appeal": Today in The Legal Intelligencer, Asher Hawkins has an article (subscription required) that begins, "Seeking to expedite appellate litigation triggered by the appeal of a man previously denied amicus standing in the matter, the Barnes Foundation has filed a King's Bench petition with the Pennsylvania Supreme Court, asking the justices to assume jurisdiction over the Superior Court appeal of Jay Raymond, a former Barnes student and teacher."

I am quoted in the article:

Bashman said he intends to respond to the Barnes' petition once he has had a chance to fully review it.

"The Supreme Court of Pennsylvania is certainly not a trial court, and it sounds like the foundation is trying to bring in, for lack of a better word, evidence that is not subject to cross-examination - allegations that somehow, financial promises [might] not be kept [if Raymond's appeal continues on its current schedule] - and that evidence has not been tested in any court," Bashman said.

The King's Bench petition will only create additional delays in resolution of the matter, Bashman said, as it will create "uncertainty as to where the appeal will be heard."

After the Superior Court of Pennsylvania on March 8, 2005 issued an order allowing this appeal to be heard on the merits (details here), counsel for The Barnes Foundation was quoted here in The Philadelphia Inquirer as stating that "Nothing that has happened will affect the Barnes Foundation's ability to move forward." By contrast, yesterday -- sixteen days after the Superior Court denied the motion to quash the appeal -- lawyers for The Barnes told Pennsylvania's highest court that unless the appeal is resolved as soon as possible, The Barnes will face serious financial peril. And for that reason, lawyers for The Barnes argue, Pennsylvania's highest court should wrest jurisdiction over the case from Pennsylvania's intermediate appellate court. Ironically, The Foundation's unsuccessful motion to quash filed in the Superior Court delayed the merits briefing schedule in that court by forty days.

You can access at this link the "Emergency Application of The Barnes Foundation for Exercise of King's Bench and/or Extraordinary Plenary Jurisdiction by this Court" filed yesterday in the Supreme Court of Pennsylvania, and the supporting affidavits here, here, and here.

Also yesterday, while simultaneously trying to get the appeal kicked upstairs to the Pennsylvania Supreme Court, The Barnes Foundation filed a motion to expedite the briefing schedule on appeal in the Superior Court. The briefing schedule was issued seventeen days ago, and the Brief for Appellant is currently due twenty-three days from today.
Posted at 03:30 PM by Howard Bashman




"Neb. High Court Upholds Infant Blood Tests": The Associated Press reports here that "The Nebraska Supreme Court upheld a state law Friday that requires mandatory blood testing of newborn babies, rejecting an appeal by a couple who said it violates their religious beliefs."

You can access today's ruling of the Supreme Court of Nebraska at this link.
Posted at 03:03 PM by Howard Bashman




"Schiavo's Parents Back in Federal Court": The Associated Press provides this report on Terri Schiavo's parents' latest appeal to the Eleventh Circuit.
Posted at 02:00 PM by Howard Bashman



BREAKING NEWS -- Seventh Circuit holds constitutional the display of the framed text of the King James version of the Ten Commandments as one of nine historical texts and symbols that comprise a "Foundations of American Law and Government Display" in the County Administration Building in Elkhart County, Indiana: You can access today's ruling of the U.S. Court of Appeals for the Seventh Circuit at this link.

Circuit Judge Diane S. Sykes wrote the majority opinion, in which Chief Judge Joel M. Flaum joined. Circuit Judge Frank H. Easterbrook dissented on the ground that he would have dismissed the case for want of standing instead of resolving the case on its merits. The beginning of Judge Easterbrook's dissent, however, makes quite clear that he likely would agree with the majority on the merits if he believed it appropriate to reach the merits.

More background about the case can be found in a newspaper article that The Goshen (Ind.) News published March 30, 2004 under the headline "Ten Commandments ordered removed from county display."

Some may recall that an earlier Ten Commandments monument in Elkhart County met a different fate in the Seventh Circuit in late 2000.
Posted at 01:35 PM by Howard Bashman




By a vote of 7-4, en banc Ninth Circuit panel rules that an assignee who holds an accrued claim for copyright infringement, but who has no legal or beneficial interest in the copyright itself, cannot institute a lawsuit for infringement: You can access today's ruling at this link. Interestingly, one of the disagreements between the majority and two of the dissenters is whether today's ruling creates a circuit split: the majority says "no"; the dissenters say "yes."
Posted at 01:28 PM by Howard Bashman



"Schiavo father: 'Down to her last hours'; Family appeals in federal court again." CNN.com provides this report.
Posted at 01:20 PM by Howard Bashman



The audio files from yesterday's Ninth Circuit en banc oral arguments are now available online for download: To download the oral argument audio from yesterday's en banc argument in Yahoo! Inc. v. La Ligue Contre Le Racisme Et L'Antisemitisme, click here (Windows Media format).

And to download the oral argument audio from yesterday's en banc argument in United States v. Ameline, click here (Windows Media format).
Posted at 11:55 AM by Howard Bashman




On today's broadcast of NPR's "Morning Edition": The broadcast contained the following segments relating to Terri Schiavo's case: "Legal Options Narrow for Terri Schiavo's Parents"; "Religion and the End of Life"; and "Schiavo Case is Grayest of Gray Areas."

The broadcast also contained a segment entitled "Silicon Valley, Hollywood Square off in File-Sharing Case."

RealPlayer is required to launch these audio segments.
Posted at 11:50 AM by Howard Bashman




"Politically Appealing: Congress gives aggrieved plaintiffs a new last resort." Jacob Sullum has this essay online today at Reason.
Posted at 11:00 AM by Howard Bashman



"Schiavo's Health Wanes As Parents Appeal": The Associated Press provides this updated report, which states that Terri Schiavo's parents have filed a new appeal with the U.S. Court of Appeals for the Eleventh Circuit.
Posted at 10:42 AM by Howard Bashman



"Brief defends freedom of religious schools to choose religion teachers based on religion; Urges Court of Appeals to preserve church autonomy and avoid entanglement": The Becket Fund for Religious Liberty issued this news release today. The brief for appellees filed yesterday in the U.S. Court of Appeals for the Third Circuit, in a quite interesting case from Delaware, can be accessed at this link.
Posted at 10:30 AM by Howard Bashman



"Court: Fla. Must Warn of Dangers at Beach." The Associated Press provides this report on yesterday's 4-3 ruling of the Supreme Court of Florida.
Posted at 09:21 AM by Howard Bashman



New felony charge filed against man who killed dog named "Felony" because that man had earlier been charged with a felony: The Journal of Martinsburg, West Virginia reported in yesterday's edition that "Canine cruelty yields arrest." In other coverage, The Associated Press reports that "Man Kills Dog Because of Name, Felony."
Posted at 08:40 AM by Howard Bashman



BREAKING NEWS -- "Federal Judge Nixes Schiavo's Feeding Tube": The Associated Press reports here that "A federal judge on Friday refused to order the reinsertion of Terri Schiavo's feeding tube, yet another setback for the parents of the brain-damaged woman in their battle against her husband to keep her alive."

You can access this morning's ruling of the U.S. District Court for the Middle District of Florida at this link.

And via FindLaw, you can access here Michael Schiavo's successful opposition filed yesterday in the U.S. Supreme Court to Terri Schiavo's parents' request for a stay.
Posted at 07:54 AM by Howard Bashman




"Student's suspension revoked; principal apologizes; The dispute began when Eliazar Velasquez posted photos on the Internet showing his principal smoking outside the school": The Providence Journal contained this article yesterday.

And the ACLU on Wednesday issued a press release titled "Under Threat of ACLU Lawsuit, Providence School Readmits Student Suspended For Photographing Principal."
Posted at 07:14 AM by Howard Bashman




"Outsourcing Rights": This editorial appears today in The Washington Post.
Posted at 07:11 AM by Howard Bashman



"Why Schiavo's Parents Didn't Have a Case": CBS News legal analyst Andrew Cohen has this op-ed today in The Los Angeles Times.
Posted at 07:10 AM by Howard Bashman



"Bloggers narrowly dodge federal crackdown": Declan McCullagh provides this report at c|net News.Com. And Law Professor Rick Hasen, in a post at his "Election Law" blog titled "FEC Takes First Stab at Internet Rules: More Clarity Needed," links to his own commentary.
Posted at 07:00 AM by Howard Bashman



"Many Advertisers Find Blogging Frontier Is Still Too Wild": This article appears today in The Wall Street Journal.
Posted at 06:28 AM by Howard Bashman



"Shiavo's parents left with few options; After the U.S. Supreme Court begins their day of legal defeats, Terri Schiavo's parents hope for help from Gov. Jeb Bush and a federal judge": The St. Petersburg Times contains this article today.

The Tampa Tribune reports today that "Legal Defeats Mount For Schiavo's Parents."

The Orlando Sentinel contains articles headlined "Schiavo parents' options dwindle; Activists assail Bush for not stepping in" and "Case likely to cast shadow on U.S. politics for years."

The Miami Herald reports that "Options are all but gone; Legal efforts to have Terri Schiavo's feeding tube reconnected failed, and she was said to be 'in her death process' on her seventh day without food or water."

The Los Angeles Times reports that "Supreme Court Rebuffs Appeal in Schiavo Case; Later, a Florida judge bars Gov. Jeb Bush from taking custody of the woman at the center of the right-to-die dispute; Activists urge defiance" and "Case Proves Politically Touchy; With polls showing a majority unhappy with Congress' intervention, lawmakers on both sides of the Schiavo debate have largely backed off."

USA Today contains articles headlined "Court rejection follows pattern; Past decisions have left such issues to states"; "Schiavo parents at legal end; Case returned to Tampa judge"; "Feud may be as much over money as principle; Bond of husband and in-laws soured after $1M settlement"; and "Anger runs higher as options run out."

Finally, in The New York Sun, Luiza Ch. Savage has an article headlined "Bush: 'Err on the Side of Life.'"
Posted at 06:20 AM by Howard Bashman




"Judge Tells City to Release Much of 9/11 Oral History": This article appears today in The New York Times.
Posted at 06:18 AM by Howard Bashman



"Defamation case against KXLY thrown out": The Spokesman-Review of Spokane, Washington today contains an article that begins, "The state’s highest court on Thursday threw out a defamation lawsuit against former Spokane TV journalist and mayoral candidate Tom Grant." I first mentioned this matter yesterday in a post you can access here.
Posted at 06:14 AM by Howard Bashman



"Barnes warns of cash crisis; It says an appeal of its move to Phila. is causing donors to delay gifts and asks the Pa. high court to expedite the case": This article, in which I am quoted, appears today in The Philadelphia Inquirer.

And The Philadelphia Daily News reports today that "Barnes seeks 'expedited review' of appeal; Says process would delay move to Ben Franklin Parkway."
Posted at 06:00 AM by Howard Bashman



Thursday, March 24, 2005


"Down with the judicial tyrants who are killing Terri Schiavo! Oops -- most of them are Republican. Never mind." Joe Conason has this essay online at Salon.com.
Posted at 11:55 PM by Howard Bashman



"Supreme Court Refuses to Hear the Schiavo Case": This article will appear Friday in The New York Times.

Friday's edition of The Washington Post will report that "Justices Decline Schiavo Case; Options Dwindle for Those Trying to Keep Florida Woman Alive."

And David G. Savage of The Los Angeles Times has a news update headlined "Parents Didn't Prove Their Case; The inability to show that their daughter's rights had been violated doomed their effort."
Posted at 10:55 PM by Howard Bashman




"Barnes Foundation: Money could run out unless appeal is heard quickly." The Philadelphia Inquirer has posted online this news update, in which I am quoted.

After the Superior Court of Pennsylvania on March 8, 2005 issued an order allowing this appeal to be heard on the merits, counsel for The Barnes Foundation was quoted here in The Inquirer as stating that "Nothing that has happened will affect the Barnes Foundation's ability to move forward." By contrast, today lawyers for The Barnes are telling Pennsylvania's highest court that unless the appeal is resolved immediately, The Barnes will face serious financial peril.

Tomorrow I will post online electronic copies of the documents that The Barnes Foundation filed late today in the Supreme Court of Pennsylvania asking that court to assume jurisdiction over an appeal currently pending before one of Pennsylvania's intermediate appellate courts.
Posted at 10:30 PM by Howard Bashman




Available online from law.com: An article reports that "Supreme Court Rejects Request to Reinsert Schiavo's Feeding Tube."

In other news, "N.Y. Panel Defines 911 Tapes as Admissible Evidence; No 'Crawford' support found for exclusion as testimonial."

In news from Florida, "Judge Rules Morgan Stanley Helped Defraud Financier Perelman; In a pleading, Morgan Stanley said it has 'put Kirkland & Ellis on notice of a potential malpractice claim.'"

And in news from Atlanta, "Georgia Sheriff: Deputy Was Qualified to Escort Nichols; Freeman expects to ask county for money to upgrade courthouse security in wake of fatalities."
Posted at 10:24 PM by Howard Bashman




"Yahoo Lawyers Ask Court for Protection": David Kravets of The Associated Press provides this report on today's en banc oral argument in the U.S. Court of Appeals for the Ninth Circuit.

And from law.com, Jeff Chorney reports that "Yahoo Case Tests Reach of Internet Law; 9th Circuit revisits dispute over Nazi memorabilia auctions."
Posted at 10:20 PM by Howard Bashman




"High Court Rejects Schiavo Appeal": This evening's broadcast of the PBS program "The NewsHour with Jim Lehrer" included an interview (RealPlayer required) with Jan Crawford Greenburg of The Chicago Tribune.
Posted at 10:10 PM by Howard Bashman



"Fla. Court Won't Overturn Schiavo Decision": The Associated Press reports here that "The Florida Supreme Court on Thursday refused to overturn a judge's order blocking the state from taking temporary custody of Terri Schiavo, another setback in her parents' battle to keep their brain-damaged daughter alive."

The order that the Supreme Court of Florida entered today can be accessed at this link. And other documents filed in that court pertaining to Terri Schiavo can be accessed via this link.
Posted at 09:58 PM by Howard Bashman




"The Courts Push Back": CBS News legal analyst Andrew Cohen has this essay today.
Posted at 07:22 PM by Howard Bashman



"High Court Won't Intervene in Schiavo Case": This evening's broadcast of NPR's "All Things Considered" included this segment (RealPlayer required) featuring Nina Totenberg.
Posted at 07:20 PM by Howard Bashman



"Setting the Record Straight": Harold Johnson today has this essay about Justice Clarence Thomas online at FrontPageMagazine.com.
Posted at 07:15 PM by Howard Bashman



"Taking the Fifth: When journalists threaten our right to remain silent." Reason has today posted online this essay by Matt Welch.
Posted at 07:14 PM by Howard Bashman



"Nuclear Whiner: Bill Frist calls Democratic dissent on some judicial nominees 'unprecedented'; Look back a few years and you'll see that's simply not true." Law Professor Herman Schwartz has this essay online today at The American Prospect.

And at Slate, Michael Crowley has an essay entitled "The Not-So-Fantastic Four: The demise of the Republican moderates."
Posted at 07:10 PM by Howard Bashman




"The Terri Schiavo Case: Congress Rushes In Where Only Courts Should Tread." Elaine Cassel has this essay online at FindLaw today.

And online at The Weekly Standard, Hugh Hewitt has an essay entitled "Runaway Judiciary: Congress is allowed to 'intervene and guide or control the exercise of the courts' discretion'--except when it comes to Terri Schiavo."
Posted at 07:05 PM by Howard Bashman




"Schiavo parents back in federal court; Supreme Court, state judge deny appeals to resume feeding": CNN.com provides this report.

Update: More details on Terri Schiavo's parents' return to the U.S. District Court for the Middle District of Florida can be accessed here at the "purportedly objective" blog "Abstract Appeal."
Posted at 06:55 PM by Howard Bashman




"Jupiter couple won't lose home for having a flagpole, court rules": The South Florida Sun-Sentinel today contains this article reporting on a decision that Florida's Fourth District Court of Appeal issued yesterday.

And The Palm Beach Post reports that "Court spares home in flag fight."
Posted at 06:05 PM by Howard Bashman




"Judge's ruling puts heat on Morgan Stanley, law firm": This article appears today in The Wall Street Journal. The New York Post today contains an article headlined "Florida juice for Perelman." And The Palm Beach Post reports that "Judge rules banker knew of scheme by Sunbeam."
Posted at 05:40 PM by Howard Bashman



"Barnes seeks expedited action on planned move": The Philadelphia Business Journal offers a news update that begins, "The Barnes Foundation said Thursday it has asked the Supreme Court of Pennsylvania to expedite review of legal action that could threaten the organization's planned move into Philadelphia."
Posted at 05:25 PM by Howard Bashman



"Schiavo Legal Update": Today's broadcast of NPR's "Talk of the Nation" included this segment (RealPlayer required) featuring David G. Savage of The Los Angeles Times.
Posted at 05:15 PM by Howard Bashman



"Setting the Record Straight: A Brief Reply to the People for the American Way." The Committee for Justice has today issued this judicial filibuster-related news release.
Posted at 05:11 PM by Howard Bashman



"State Supreme Court refuses to hear challenge to stem cell research program; The action leaves unsettled California's authority to issue bonds for the $3 billion to pay for the plan voters approved": Bob Egelko has this article today in The San Francisco Chronicle.

The Sacramento Bee reports today that "Stem cell cases put off; State Supreme Court rejects attempt to put suits on a fast track."

And The Metropolitan News-Enterprise reports that "S.C. Rejects Bid to Block Implementation of Stem Cell Initiative."
Posted at 05:10 PM by Howard Bashman




"Wash. Court Nixes Man's Defamation Claim": The Associated Press provides this report on a ruling (majority opinion; concurring opinion; opinion concurring in part and dissenting in result) that the Washington State Supreme Court issued today.

The AP's report begins, "In a case that raised fears that courts would become 'super-editors,' the state Supreme Court ruled Thursday that a businessman cannot sue a TV reporter simply for omitting facts that might have made him look better in a critical story."
Posted at 03:44 PM by Howard Bashman




"Court prevents release of most September 11 emergency calls; Privacy concerns outweigh public interest, judges rule": CNN.com provides this report on a ruling that the Court of Appeals of New York issued today in the case captioned In the Matter of the New York Times Company v. City of New York Fire Department.
Posted at 03:34 PM by Howard Bashman



"Fla. Judge Won't Hear Schiavo Arguments": The Associated Press reports here that a state court judge this afternoon has rejected Florida Governor Jeb Bush's attempt to have a state agency take custody of Terri Schiavo.

The Orlando Sentinel provides a news update headlined "Courts refuse to intervene in Schiavo case; Supreme Court turns down Schiavo parents; State judge won't hear Bush request."

And The Miami Herald provides a news update headlined "Supreme Court and state court rule against Schiavo's parents; Attorney: 'She's dying.'"
Posted at 02:44 PM by Howard Bashman




Sometimes the fight over custody of a loved one extends past death: The San Francisco Chronicle today contains a front page article headlined "Burial-rights fight: Court sides with father in clash over where soldier will be laid to rest."

The San Jose Mercury News reports that "Father wins right to bury son; Soldier's mom opposed move."

And The Santa Cruz Sentinel reports that "Soldier's body heads to Tulsa; Freedom family loses court fight to bury son locally."
Posted at 02:30 PM by Howard Bashman




"Stiffer sentence sought for Hale; U.S. prosecutors say plot to kill judge was a crime of terrorism": The Chicago Tribune today contains an article that begins, "White supremacist Matthew Hale, convicted last year of soliciting the murder of U.S. District Judge Joan Lefkow, should get a stiffened sentence because he committed a crime of terrorism, prosecutors argued Wednesday in a court filing two weeks before his sentencing."

The Chicago Sun-Times today contains articles headlined "Hale could get 40 years in prison, prosecutors say" and "Bart Ross headed for pauper's burial." The latter article begins, "An international hunt for relatives of the man who killed U.S. District Judge Joan Lefkow's husband and mother before killing himself has failed to find anyone willing to claim his body."

And The Milwaukee Journal Sentinel today contains an article headlined "Officer honored for finding killer of judge's family."
Posted at 02:00 PM by Howard Bashman




The U.S. Court of Appeals for the Ninth Circuit today has rendered the federal Prison Litigation Reform Act of 1995's administrative remedies exhaustion requirement nearly toothless: Further exacerbating a preexisting circuit split, the Ninth Circuit today rejected the rulings of three other federal appellate courts which have held that an inmate's failure to timely exhaust administrative remedies, regardless of the merits of his grievance, bars the inmate from bringing a subsequent federal suit challenging prison conditions. Instead, as a result of today's ruling, in the Ninth Circuit a prisoner can sue in federal court, even if he failed to take advantage of available administrative remedies to redress his claim, so long as the time for taking advantage of those administrative remedies has passed.

This issue is certainly deserving of U.S. Supreme Court review and is now quite likely to receive it.
Posted at 01:30 PM by Howard Bashman




Ralph Howard Blakely -- victorious in Blakely v. Washington -- may now get to spend the rest of his life in prison: The Columbia Basin Herald yesterday contained an article headlined "Blakely gets 35 years; Man convicted in murder-for-hire plot."
Posted at 11:45 AM by Howard Bashman



Access online today's U.S. Supreme Court order denying the stay request of Terri Schiavo's parents: The order can be viewed online at this link.
Posted at 11:25 AM by Howard Bashman



On today's broadcast of NPR's "Morning Edition": The broadcast contained segments entitled "Senators Clash over Filibuster Limits" and "Schiavo Parents Seek Supreme Court Intervention" (RealPlayer required).
Posted at 11:15 AM by Howard Bashman



"Issue 1 conflicts with domestic abuse law, judge says; Marriage amendment makes portion of law unconstitutional, he rules": The Cleveland Plain Dealer today contains an article that begins, "Ohio voters who approved a constitutional amendment last fall that denied legal recognition of unmarried and gay couples probably didn't envision the measure being successfully used as a defense in domestic violence cases."
Posted at 11:04 AM by Howard Bashman



BREAKING NEWS -- "Supreme Court Won't Hear Schiavo Case": Hope Yen of The Associated Press provides this report.

At "SCOTUSblog," Lyle Denniston has a post titled "Court: no stay in Schiavo case."

The U.S. Supreme Court's docket entries on the stay request can be accessed here.
Posted at 10:40 AM by Howard Bashman




Four U.S. Senators join in amicus brief urging U.S. Supreme Court review in Terri Schiavo case: You can access the amicus brief -- filed by Majority Leader Bill Frist, M.D. (R-TN) and Senators Rick Santorum (R-PA), Mel Martinez (R-FL), and Sam Brownback (R-KS) -- at this link.
Posted at 10:10 AM by Howard Bashman



"Court to Hear Web Speech Censorship Case": David Kravets of The Associated Press provides this preview of a case that will be argued today before an eleven-judge en banc panel of the U.S. Court of Appeals for the Ninth Circuit.

The case, Yahoo! Inc. v. La Ligue Contre Le Racisme Et L'Antisemitisme, presents the following questions: "Whether the federal district court has personal jurisdiction over defendants, French organizations in an action brought by Yahoo! seeking a declaratory judgment that orders issued by a French court were unenforceable? Whether the exercise of personal jurisdiction requires wrongful conduct by the defendant and whether the Supreme Court's 'express aiming' test may be met by a defendant's intentional targeting of actions at plaintiff in the forum state?"

Coincidentally, the Ninth Circuit today is also hearing en banc reargument in United States v. Ameline, involving plain error review of sentences imposed under the federal sentencing guidelines.

A list of the judges assigned to each of the en banc panels can be found on page two of this PDF document.
Posted at 10:01 AM by Howard Bashman




Access online the emergency application for a stay that Terri Schiavo's parents filed late last night in the U.S. Supreme Court: The document is available online at this link.

As in the Eleventh Circuit (see this earlier post for details), several Republican leaders from the U.S. House of Representatives have filed a document in support of the parents' request for relief.
Posted at 09:15 AM by Howard Bashman




"Bloggers have rights too": U.S. Representative John Conyers, Jr. (D-MI) has this essay today at c|net News.Com.
Posted at 08:17 AM by Howard Bashman



"The All-Time Gag Order": The New York Times contains this editorial today.
Posted at 07:25 AM by Howard Bashman



"Chief in a Hurry: New Homeland Security chief Michael Chertoff is trying to rapidly change the way America guards against terrorism." This article is available online from Time magazine.
Posted at 07:24 AM by Howard Bashman



"Schiavo's Parents Appeal to the Supreme Court on Feeding Tube": The New York Times contains this article today, along with Adam Liptak's news analysis headlined "Schiavo Lesson on Judiciary Trump Card."

The Los Angeles Times contains articles headlined "Parents Take Schiavo Case to High Court; Without nutrition, their daughter won't 'be with us much longer,' father says in emergency plea; Florida's Gov. Bush asks for state to take custody" and "Narrower Interpretations Have Hurt Parents' Case." A related editorial is entitled "Rehnquist's Test."

In The New York Sun, Luiza Ch. Savage reports that "Custody Battle Erupts Over a Dying Schiavo."

The Washington Times reports that "Schiavo's parents appeal to Supreme Court."

The St. Petersburg Times reports that "Schiavo case heads to U.S. Supreme Court; As Terri Schiavo spends a sixth day without food or water, options to reinsert her tube are denied; 'It's getting very, very down to the wire,' an attorney says."

The Tampa Tribune reports that "Judicial And Executive Branches Wrangle Over New Medical Opinion."

The Miami Herald contains articles headlined "One last hope for parents; Legal and legislative setbacks left the parents of Terri Schiavo hoping for intervention by the U.S. Supreme Court" and "Husband, in-laws once were united in caring for Terri; Before the fighting, Michael Schiavo and his in-laws cared for Terri Schiavo together; The Schindlers urged him to date, and later agreed on the extent of her damage."

And The Orlando Sentinel reports that "High court gets Schiavo plea; Parents ask justices to intervene in case" and "State Senate rejects bill to reinsert feeding tube; After a 21-18 count, 'the process is exhausted,' Senate President Tom Lee says."
Posted at 07:15 AM by Howard Bashman




"Trucker spared death — for now; Jury finds him guilty of lesser counts; a mistrial is declared on the 20 tougher ones": This article appears today in The Houston Chronicle, along with an article headlined "Proving intent proves difficult in death penalty cases; Prosecutors in Tyrone Williams' smuggling case faced an uphill fight, experts say."

The Dallas Morning News reports today that "Truck driver avoids death penalty; He's convicted of transporting, but jury deadlocks on conspiracy."

And The New York Times reports that "Truck Driver Spared Death in Smuggling of Immigrants."
Posted at 07:00 AM by Howard Bashman



Wednesday, March 23, 2005


Access online the federal court complaint in Agence France Presse v. Google Inc.: The complaint can be viewed at this link (via "Technology & Marketing Law Blog").
Posted at 11:50 PM by Howard Bashman



In Thursday's issue of The Washington Post: The newspaper will contain front page articles headlined "Gov. Bush Seeks Custody of Schiavo; Options Narrow As 3 More Courts Rule Against Fla. Woman's Parents" and "Conservative Groups' Support Steady."

Meanwhile, in other news, "Media Groups Back Reporters In Court Filing; Judges Urged to Determine if Crime Occurred in Leak Case."
Posted at 11:30 PM by Howard Bashman




In Thursday's edition of The New York Times: An article will report that "Florida Governor Wins a New Hearing in Schiavo Case."

Neil A. Lewis reports that "Guantanamo Detainees Make Their Case."

And in other news, "Apple's Legal Drive to Stifle Web Sites Is Fruitless So Far."
Posted at 11:20 PM by Howard Bashman




BREAKING NEWS -- "Schiavo's Parents Appeal to Supreme Court": Hope Yen of The Associated Press provides this report.

At "SCOTUSblog," Lyle Denniston has a post titled "Family asks Court to act in Schiavo case." Lyle characterizes the filing as "a hastily crafted emergency stay request, bearing some out-of-date language merely copied from earlier filings in the Court."
Posted at 11:11 PM by Howard Bashman




Just be Koz: Tonight C-SPAN2 is broadcasting Ninth Circuit Judge Alex Kozinski's appearance on the "Students & Leaders" series. By clicking here, you can view online, on demand Judge Kozinski's speech, followed by a question and answer session.

Update: Nearly midway through the broadcast, after responding to many questions involving controversial legal matters posed by his high school student audience, Judge Kozinski finally refuses to respond to a question. Ironically, the question Judge Kozinski refused to answer asked his views about the trial of this guy.
Posted at 11:00 PM by Howard Bashman




Available online from law.com: Jonathan Ringel reports that "11th Circuit Response to Schiavo Dispute Reminiscent of Elian Gonzalez Case; Judges Wilson, Tjoflat dissent from full court rejection."

Tony Mauro reports on "Homing In on High Court Hotspots."

And in other news, "9th Circuit Defines 'Extraordinary' Executive Pay."
Posted at 10:58 PM by Howard Bashman




Law Professors Bruce Ackerman and John C. Eastman debate judicial filibusters on "Radio Times with Marty Moss-Coane": You can listen to today's broadcast by clicking here (RealPlayer required). The program runs fifty-two minutes.

National Public Radio's "Taking Issue" hosts a written debate on the subject of judicial filibusters. Law Professor Douglas W. Kmiec has an essay entitled "Advice and Consent, Not Obstruction." And Professor of Political Science Ross K. Baker has an essay entitled "In Defense of the Filibuster."

The Arkansas Democrat-Gazette today contains an editorial entitled "Political dosie-do: Of life, death and filibusters."

In this week's issue of National Journal, Stuart Taylor Jr. has an essay entitled "Moderate Republicans Should Not Go 'Nuclear' -- Yet."

The Florida Times-Union of Jacksonville today contains an editorial entitled "Judiciary: Compromise needed."

In The Cavalier Daily, Sophia Brumby has an op-ed entitled "Resisting radicalism."

Finally, The Michigan Tech Lode today contains an op-ed by Ray Molzon entitled "Filibustering the filibusters."
Posted at 10:30 PM by Howard Bashman




"Journalist discusses potential jail time": The Yale Daily News today contains an article that begins, "Time Magazine's White House correspondent Matt Cooper said he is still trying to find the right words to explain to his six-year-old son that 'daddy might not be coming home for a while.'"
Posted at 09:28 PM by Howard Bashman



"Full Court Rejects Schiavo Parents' Appeal": This evening's broadcast of NPR's "All Things Considered" included this segment (RealPlayer required).
Posted at 09:22 PM by Howard Bashman



"Son of Ex-Assistant Sheriff Convicted in Orange County Sexual Assault Case": The Los Angeles Times provides a news update that begins, "The son of a wealthy Orange County sheriff's official and two other young men who filmed themselves having sex with a teenager were convicted of sexual assault today by a jury that heard evidence that the girl was too drunk to consent."

And The Orange County Register provides a news update headlined "3 guilty in videotaped sex assault; Haidl, Spann and Nachreiner face anything from probation to 14 to 18 years in prison."
Posted at 09:20 PM by Howard Bashman




Terri Schiavo's parents intend to seek U.S. Supreme Court review tomorrow: That's what The Associated Press reports in an article headlined "Schiavo's Parents Suffer More Setbacks."
Posted at 09:15 PM by Howard Bashman



The Knight Ridder Newspapers are reporting: An article headlined "Appeals court rejects efforts to have Schiavo's tube reinserted" begins, "The battle over Terri Schiavo appeared to be entering its final stages Wednesday as a U.S. appeals court refused twice to order her feeding tube restored and a Florida judge issued an emergency order barring state officials from taking the brain-damaged woman into protective custody."

And in related news, "Schiavo case heats up Senate's brewing conflict over judicial nominations."
Posted at 09:10 PM by Howard Bashman




"Schwarzenegger Remains Defendant in Libel Case": The Los Angeles Times provides this news update.
Posted at 07:50 PM by Howard Bashman



"State officials may place Schiavo under protective custody": The Miami Herald provides this news update.

And The Orlando Sentinel offers a news update headlined "Gov. Bush: DCF may intervene."

You can access at this link the pleading that Florida's Department of Children and Families filed today in a state trial court.

Yet this effort also appears to have failed, at least initially. According to the web site of The St. Petersburg Times, late today "Pinellas-Pasco Judge George Greer rebuffed Jeb Bush's attempt to take custody of Terri Schiavo."
Posted at 07:45 PM by Howard Bashman




"Trucker found guilty, may avoid death penalty": The Houston Chronicle provides a news update that begins, "A federal judge today declared a mistrial in 20 of the counts against truck driver Tyrone Williams and said she believes jurors 'have taken the death penalty off the table' while convicting him of the other counts."
Posted at 06:08 PM by Howard Bashman



"Bad Brains: How the Supreme Court's teen execution decision proves too much." Ronald Bailey today has this essay online at Reason.
Posted at 05:55 PM by Howard Bashman



"Court: SEC can hold pay; Fraud probes warrant putting bonuses in escrow." Today in The San Francisco Chronicle, Bob Egelko has this article reporting on a decision that an eleven-judge en banc panel of the U.S. Court of Appeals for the Ninth Circuit issued yesterday in a case involving Gemstar-TV Guide.
Posted at 05:54 PM by Howard Bashman



"Till Death--or Tom DeLay--Do Us Part: The 'sanctity of marriage' is suddenly negotiable." Slate has just posted online this jurisprudence essay by Dahlia Lithwick.
Posted at 05:15 PM by Howard Bashman



"Florida Senate Rejects Schiavo Bill": The Associated Press reports here that "The Florida Senate rejected a bill Wednesday to keep Terri Schiavo alive, turning back an attempt to resolve the contentious end-of-life debate with a state law, as legislators did in 2003."
Posted at 05:07 PM by Howard Bashman



Now the only remaining federal court hope for Terri Schiavo's parents rests with the Supreme Court of the United States: Justice Anthony M. Kennedy serves as the Circuit Justice for the Eleventh Circuit, and thus any request for an emergency stay would first be directed to him. Typically, if the Circuit Justice decides that a stay should be denied, he will refer it to the full Court for review before an order denying relief is entered. For Justice Kennedy to grant an emergency stay, he will have to conclude both that the case is likely to be granted review on the merits (which requires the votes of four Justices) and that the result on the merits is likely to be in favor of Terri Schiavo's parents (which requires the votes of five Justices).

The parents can ask both for an emergency stay from Justice Kennedy and, separately, for review from the full court by means of a petition for writ of certiorari. The denial of a stay does not automatically operate to deny the cert. petition, but it is a sure sign that the cert. petition is not likely to be granted.
Posted at 04:00 PM by Howard Bashman




BREAKING NEWS -- U.S. Court of Appeals for the Eleventh Circuit rejects Terri Schiavo's parents' request for rehearing en banc: The Associated Press reports here that the vote on the petition for rehearing en banc was 10-2 against granting rehearing. The Court's order denying rehearing en banc can be accessed here via the Eleventh Circuit's web site or here, where I have posted it as a backup.

One point from The AP's report deserves clarification. Two Eleventh Circuit judges -- Gerald Bard Tjoflat and Charles R. Wilson -- have expressly noted their dissent from the denial of rehearing en banc. Up to four other judges on the Eleventh Circuit could have voted in favor of granting rehearing en banc but then have chosen not to have their dissents noted from the denial thereof.
Posted at 03:27 PM by Howard Bashman




U.S. House Republican leaders seek to assist the U.S. Court of Appeals for the Eleventh Circuit by telling that court what the federal legislation in the Terri Schiavo matter was intended to accomplish: I'm sure that the judges on the Eleventh Circuit won't find this appellate court filing insulting in the least or to constitute little more than political grandstanding.
Posted at 03:20 PM by Howard Bashman



"Terry Schiavo Case Provokes Blogging Storm": The Associated Press provides this report. The Los Angeles Times today contains a similar article.
Posted at 03:15 PM by Howard Bashman



"Travesty Time, Again: In its death-penalty decision, the Supreme Court hits a new low." Robert H. Bork has this essay today at National Review Online.
Posted at 03:05 PM by Howard Bashman



"Rehearing plea in Schiavo case": Online at "SCOTUSblog," Lyle Denniston provides this report.
Posted at 03:02 PM by Howard Bashman



Attorneys for Terri Schiavo's parents had obtained a two-hour extension of the 10 a.m. deadline for seeking rehearing en banc in the U.S. Court of Appeals for the Eleventh Circuit: So advises a reader who, for his day job, reports on the Eleventh Circuit. That answers the question that I raised at the end of this post from earlier this afternoon.
Posted at 02:45 PM by Howard Bashman



Access online the federal government's Statement of Interest filed in the U.S. Court of Appeals for the Eleventh Circuit in the Terri Schiavo litigation: A copy of the Statement of Interest is available online at this link.
Posted at 02:44 PM by Howard Bashman



"Fulton likely site for Nichols trial; DA also raises questions about courthouse safety": The Atlanta Journal-Constitution today contains an article that begins, "Fulton County District Attorney Paul Howard expects Brian Nichols to be tried in Fulton County in the shooting deaths of a judge, a court reporter, a sheriff's deputy and a federal agent."
Posted at 02:15 PM by Howard Bashman



"Appeals Court Rules Against Schiavo Parents": Today's broadcast of NPR's "Morning Edition" included this segment (RealPlayer required).
Posted at 02:04 PM by Howard Bashman



"Running Out Of Time, Options": CBS News legal analyst Andrew Cohen today has this essay relating to the Terri Schiavo case.
Posted at 02:00 PM by Howard Bashman



Federal government's Statement of Interest filed in the federal Terri Schiavo litigation: Many readers have emailed to ask whether I found online anywhere the federal government's Statement of Interest filed in the U.S. Court of Appeals for the Eleventh Circuit. While I have not, the federal government's Statement of Interest filed in the U.S. District Court for the Middle District of Florida can be accessed here. Presumably the federal government's interest didn't change much over the course of one day as the case moved from a federal district court to a federal appellate court.
Posted at 01:55 PM by Howard Bashman



"Schiavo Parents Seek Review of Ruling": The Associated Press reports here that Terri Schiavo's parents are seeking rehearing of their appeal before the full U.S. Court of Appeals for the Eleventh Circuit. And CNN.com reports that "Schiavo's parents urge full appeals court to act; Schindlers also asking Florida legislators to pass new law."

There are twelve judges in active service on the Eleventh Circuit. For rehearing en banc to be granted, a majority of seven judges must vote in favor. Three of those twelve judges participated in the panel's decision, voting 2-1 against the parents' appeal. Of the remaining nine, six must vote with the dissenter for rehearing en banc to be granted. Or, stated another way, if four or more other judges on the court agree with the panel majority or otherwise find the case unworthy of en banc consideration, the request for rehearing en banc will be denied. My suspicion is that rehearing en banc will be denied, and quickly.

Because the panel's ruling set a 10 a.m. deadline for rehearing petitions, I wonder why we haven't heard until now that the parents have filed for rehearing. In other words, if the rehearing petition was timely-filed, it would have been filed nearly four hours ago.
Posted at 01:40 PM by Howard Bashman




"Wisconsin high school violating student’s constitutional rights; Becket Fund lawyers say 'God bless America' protected by First Amendment": A news release issued today begins, "The Becket Fund for Religious Liberty notified Wisconsin’s Fond du Lac High School today that it has violated a student's constitutional rights by denying him the right to close an announcement with 'God bless America.'" You can access at this link the letter that The Becket Fund sent today to the principal of Fond du Lac High School.
Posted at 11:44 AM by Howard Bashman



"News Agency Sues Google, Testing Fair Use": The AP provides this report. And The Wall Street Journal today contains an article headlined "A Mixed Blessing: News Portals Like Google News and Topix Attract the Masses, But Irk Some Editors."
Posted at 11:40 AM by Howard Bashman



"Jeb Bush Renews Call to Help Schiavo": The Associated Press provides this updated report.
Posted at 11:09 AM by Howard Bashman



"N.D. Restriction on Judicial Speech Denied": The Associated Press provides this report. And The Forum of Fargo, North Dakota reports today that "Judge strikes down judicial canon."

You can access Monday's ruling of the U.S. District Court for the District of North Dakota at this link.
Posted at 11:05 AM by Howard Bashman




"Federalism Has a Right to Life, Too": Law Professor Charles Fried has this op-ed today in The New York Times.

And at National Review Online, Andrew C. McCarthy has an essay entitled "Another Loss, But a Glimmer of Hope; A divided Eleventh Circuit panel declines to reinsert the feeding tube."
Posted at 10:48 AM by Howard Bashman




"EFF appeals Apple fan site ruling": c|net News.Com has the latest in the Apple Computer vs. bloggers litigation.
Posted at 10:40 AM by Howard Bashman



Mistrial declared because federal court jury in Connecticut was too afraid to do its job: The Connecticut Post today contains an article headlined "Mistrial declared as jury asks out; 8-member panel dismissed after fearing for safety" that begins, "Members of a federal jury, fearing for their own safety, begged out of hearing any more evidence in a civil suit involving the bloody assault of a suspected prison snitch by a reputed member of the Terminators gang."
Posted at 10:30 AM by Howard Bashman



Which of the two judges in the majority wrote the Eleventh Circuit's per curiam opinion rejecting the appeal filed by Terri Schiavo's parents? Because the opinion is "per curiam" (Latin for "by the Court"), the answer to this question may never be definitively known. Nevertheless, those of us who are familiar with the writing styles of the two judges in the majority have little difficulty recognizing which of those two judges is responsible for the vast bulk of that opinion. I previously linked here to the biographical information of the three judges on the panel.
Posted at 10:10 AM by Howard Bashman



"Prosecutors Want Moussaoui Trial in October": This article appears today in The Washington Post. You can access at this link the motion that federal prosecutors filed yesterday in the U.S. District Court for the Eastern District of Virginia.
Posted at 09:25 AM by Howard Bashman



The Eleventh Circuit's web site is being inundated by those seeking access to that court's ruling rejecting the appeal by Terri Schiavo's parents: I have posted a backup copy of that ruling at this link.

My analysis of that decision, which I posted online within a half hour of the decision's issuance at 2:32 a.m. eastern time today, can be accessed here.
Posted at 09:10 AM by Howard Bashman




"Lefkow killer's suicide note reveals his hatred, plotting": This article appears today in The Chicago Tribune.
Posted at 09:08 AM by Howard Bashman



"High court case combines celebrity and free speech; Man fights order banning him from talking about lawyer Johnnie Cochran": Gail Gibson has this article today in The Baltimore Sun.

In The Pittsburgh Post-Gazette, Michael McGough reports that "Gag order on Cochran critic weighed; Justices dubious about extortion claim."

Online at the First Amendment Center, Tony Mauro reports that "High court appears unsympathetic to famed attorney's plight."

In The Los Angeles Times, David G. Savage has articles headlined "Cities Get Break on Permitting of Cell Towers; The Supreme Court also restores an Orange County killer's death sentence and backs up Simi Valley police in an excessive-force case" and "Justices Are Asked to Reject POWs' Case Against Iraq; The White House says the suit stemming from the 1991 war would undermine rebuilding."

The Washington Times reports that "Christian convert denied reversal of death sentence."

And in The San Francisco Chronicle, Bob Egelko reports that "U.S. Supreme Court reinstates sentence of Death Row inmate." In the article, Egelko writes that "Justice Charles Breyer cast the decisive fifth vote." That no doubt must come as a surprise to U.S. District Judge Charles R. Breyer.
Posted at 09:00 AM by Howard Bashman




"Support falters for the 'nuclear option'": The Washington Times today contains an article that begins, "Senate Majority Leader Bill Frist does not have firm support among his caucus to employ the so-called 'nuclear option' for dislodging the Democratic filibusters against President Bush's judicial nominees."
Posted at 07:30 AM by Howard Bashman



"Appeals Court Refuses to Order Schiavo's Feeding Reinstated": The New York Times provides this news update.

The Los Angeles Times reports today that "Parents Lose Appeal in Schiavo Case; In a 2-1 ruling, a federal panel refuses to order the woman's feeding tube reinserted; The Schindlers are likely to turn to Supreme Court."

USA Today reports that "Appeals court refuses to step in; Turns down plea from Terri Schiavo's parents to restore her feeding tube."

And the latest report from The Associated Press is headlined "Reinsertion of Schiavo Feeding Tube Denied."
Posted at 07:22 AM by Howard Bashman




BREAKING NEWS -- "Schiavo Appeal to Reconnected Tube Denied": The Associated Press provides this report.

You can access this morning's 2-1 ruling of the U.S. Court of Appeals for the Eleventh Circuit at this link.

The composition of the three-judge panel was what I anticipated it would be in this earlier post. Circuit Judges Ed Carnes and Frank M. Hull joined in the majority per curiam opinion. Circuit Judge Charles R. Wilson "strongly" dissented.

In a key paragraph, the majority opinion states:

For the reasons explained in the district court's opinion, we agree that the plaintiffs have failed to demonstrate a substantial case on the merits of any of their claims. We also conclude that the district court's carefully thought-out decision to deny temporary relief in these circumstances is not an abuse of discretion.
The majority also finds significant the particular noteworthy change made to the federal bill that I focused on in this earlier post.

Whether you agree or disagree with the Eleventh Circuit's ruling, that court certainly deserves much praise for resolving the appeal in a very expeditious manner.

Although it is easy to succumb to overstatement at this especially early hour of the morning, the best hope that Terri Schiavo's parents had for a ruling in their favor rested with the Eleventh Circuit. The odds that Circuit Justice Anthony M. Kennedy or a majority on the U.S. Supreme Court will rule in the parents' favor -- in disagreement with the rulings of the two lower courts -- are very slender indeed.

The majority opinion concludes with the following paragraph:

There is no denying the absolute tragedy that has befallen Mrs. Schiavo. We all have our own family, our own loved ones, and our own children. However, we are called upon to make a collective, objective decision concerning a question of law. In the end, and no matter how much we wish Mrs. Schiavo had never suffered such a horrible accident, we are a nation of laws, and if we are to continue to be so, the pre-existing and well-established federal law governing injunctions as well as Pub. L. No. 109-3 must be applied to her case. While the position of our dissenting colleague has emotional appeal, we as judges must decide this case on the law.
The majority opinion's concluding footnote imposes a 10 a.m. deadline for any petition for rehearing or rehearing en banc. I will provide additional coverage of this matter a bit later this morning.
Posted at 02:57 AM by Howard Bashman


Tuesday, March 22, 2005


"Lawyer: Schiavo Ruling Expected Soon." According to this recently updated report from The Associated Press, "The appeals court didn't indicate when it might rule, but George Felos, the attorney for Terri's husband, Michael Schiavo, told the Associated Press that he expected a decision before daybreak Wednesday." Fortunately, "How Appealing" central command never sleeps.
Posted at 11:59 PM by Howard Bashman



"Transfer of Guantanamo Detainees on Hold; Federal Judge Considers Authority of Courts, Need to Notify Lawyers": This article will appear Wednesday in The Washington Post.
Posted at 11:45 PM by Howard Bashman



The Associated Press is reporting: An article reports that "Appeal Filed in Apple Trade Secrets Suit."

In news relating to a case that the U.S. Supreme Court has previously considered on the merits, "Jury Rejects Ex-Police Dispatcher's Claim."

And in other news, "Court Backs Law Requiring DNA Submissions."
Posted at 11:40 PM by Howard Bashman




"Civil rights concerns doom House measure; Bill would let police arrest those who withhold name": This article will appear Wednesday in The Baltimore Sun.
Posted at 11:25 PM by Howard Bashman



In judicial filibuster-related commentary: Today in The Washington Times, Bruce Fein has an op-ed entitled "Jaded political benchmarks," while George Allen has an op-ed entitled "Call Senate Democrats' bluff."

And The Albany (Ore.) Democrat-Herald yesterday contained an editorial entitled "Judges' issue is worth big fight."
Posted at 11:15 PM by Howard Bashman




In Wednesday's edition of The Hill: An article will report that "Schiavo intervention ends."

And in other news, "Unlikely alliances forged for Hollywood v. Silicon Valley."
Posted at 11:11 PM by Howard Bashman




"Abrams Files Appeal for Cooper and Miller in Plame Case": Editor & Publisher reports here that "Attorney Floyd Abrams, who is representing Judith Miller of The New York Times and Matthew Cooper of Time magazine in the Valerie Plame case, will seek a re-hearing of an appeals court ruling last month that upheld an order for the two reporters to be jailed if they continue refusing to disclose sources in the case." Thanks to "Blue Mass. Group" for the pointer.
Posted at 11:08 PM by Howard Bashman



"Three reversals for the Ninth Circuit": Lyle Denniston has this report online at "SCOTUSblog," and links to the decisions can be found in this (arguably non-backdated) post from Marty Lederman.

Of course, thanks to law.com, you can confirm that this isn't the first time the "High Court Reverses 9th Circuit Three Times in One Day."

Indeed, because only two of today's reversals were via unanimous judgments, and none were "summary reversals," today doesn't even qualify as a bad day at the office for the Ninth Circuit.
Posted at 11:00 PM by Howard Bashman




Available online at law.com: An article reports that "Supreme Court Asked to Weigh In on Minors' Access to Abortions; Minors in Idaho may obtain abortion without parental or judicial consent only in cases of 'medical emergency.'"

And Shannon P. Duffy reports that "3rd Circuit Upholds DNA Testing of Felons, Cites Need for Database."
Posted at 10:50 PM by Howard Bashman




In Wednesday's edition of The New York Times: Tomorrow's newspaper will contain an article headlined "Casting Angry Eye on Courts, Conservatives Prime for Bench-Clearing Brawl in Congress."

And in other news, "Schiavo's Parents Appeal After Judge Declines to Order Feeding" and "G.O.P. Right Is Splintered on Schiavo Intervention."
Posted at 10:40 PM by Howard Bashman




"Librarian Sues Harvard Over 'Pretty' Bias": The Associated Press provides this report.

The Boston Globe reports today that "Harvard discrimination trial begins; Assistant librarian brings forward race, gender suit."

And on Sunday, The Boston Herald reported that "Summers off hook for suit alleging Harvard sex bias."
Posted at 10:18 PM by Howard Bashman




No sour grapes here: Today in The San Francisco Chronicle, Bob Egelko reports that "Napa Valley Vintners win another round on labeling."

The Napa Valley Register reports that "High Court rejects challenge to wine labeling."

And The Modesto Bee reports that "Supreme Court turns down Bronco."
Posted at 09:10 PM by Howard Bashman




Some information about the U.S. Court of Appeals for the Eleventh Circuit, where Terri Schiavo's parents' appeal is pending: The Associated Press offers this "Inside Look at Federal Appeals Court."

My personal opinion is that this is a top-notch court, and that's not just because "How Appealing" is quite popular among the court's judges and law clerks. The Eleventh Circuit is also a very conservative court, generally speaking.

The Eleventh Circuit's official web site can be accessed here. The web site offers biographies of the court's judges and a little background about the court, which came into being in 1981 when the U.S. Court of Appeals for the Fifth Circuit was split.

You can't call yourself an expert on the Eleventh Circuit unless you know that Circuit Judge Frank M. Hull is a woman.

Yesterday, a three-judge Eleventh Circuit panel resolved an earlier appeal in the Terri Schiavo case, and that three judge panel consisted of Circuit Judges Ed Carnes, Frank M. Hull, and Charles R. Wilson. There's a fair possibility that the current appeal could be before this very same panel as a related case.

Two Eleventh Circuit judges in regular active service participated in this blog's "20 questions for the appellate judge" feature. You can access my interviews with Gerald Bard Tjoflat and Stanley F. Birch, Jr. by clicking on each judge's name.
Posted at 08:11 PM by Howard Bashman




Available online from Knight Ridder Newspapers: Stephen Henderson reports that "With no federal issue at stake, judge rules against Schiavo's parents."

And via The Miami Herald, "Schiavo's parents urge appeals court to act."
Posted at 08:00 PM by Howard Bashman




Access online the amended federal court complaint filed in the U.S. District Court for the Middle District of Florida today by Terri Schiavo's parents: You can access the amended complaint at this link. The parents filed this amended complaint after the trial court, early this morning, issued a ruling denying their request for a temporary restraining order.
Posted at 07:45 PM by Howard Bashman



National Public Radio reports on the appeal pending in the Terri Schiavo case: You can access online audio segments titled "Schiavo Case Moves to U.S. Appeals Court"; "Schiavo Update: Parents Appeal Fed Court Ruling"; and "Legal Analysis: the Terri Schiavo Case."
Posted at 07:40 PM by Howard Bashman



"Ducking Tough Questions: The federal court declines to reinsert Terri Schiavo's feeding tube." Andrew C. McCarthy has this essay at National Review Online.
Posted at 07:35 PM by Howard Bashman



In Wednesday's edition of The Christian Science Monitor: Warren Richey and Linda Feldmann will have an article headlined "Who speaks for Terri Schiavo? Appeals are under way after a judge refused early Tuesday to reinstall a feeding tube, in a case with broad legal implications."

And in other news, "Lawsuit over an embryo fuels debate on when life begins; An Illinois judge allows a wrongful-death suit involving a 'pre-embryo' to go forward, deepening a moral divide."
Posted at 07:32 PM by Howard Bashman




Don't defame Johnnie Cochran, or else: NPR's Nina Totenberg today both previewed and recounted what transpired at one of the cases argued today at the U.S. Supreme Court.

Those desiring even more coverage of this interesting case will be pleased to learn that NPR's "Day to Day" program today contained a segment entitled "Slate's Jurisprudence: Free Speech vs. Defamation."

RealPlayer is required to launch these audio segments.
Posted at 07:20 PM by Howard Bashman




"Schiavo Ruling No Surprise": CBS News legal analyst Andrew Cohen has this essay today.
Posted at 07:15 PM by Howard Bashman



In re: today's visit to Washington, DC. After I completed the work that brought me to the Nation's capital today, I had the pleasure of visiting briefly with a friend who is clerking for a judge on the U.S. Court of Appeals for the D.C. Circuit. Not only did I also have the unexpected pleasure of getting to speak for a few moments with that judge, whose work I greatly admire, but before my visit concluded almost a dozen other law clerks from that court stopped by to say hello. Happily, in April or May of this year, I will be making a return visit to the D.C. Circuit as a participant in the speakers' program that the court's law clerks have organized.
Posted at 07:02 PM by Howard Bashman



"Lawyers seek plea deal in teacher sex case; Faced with a potential media circus, the lawyers agree that it might be best for all parties involved - especially the teenage boy - to avoid a trial": The St. Petersburg Times contains this article today. And The Tampa Tribune reports that "Lafave May Negotiate Plea Deal."
Posted at 07:00 PM by Howard Bashman



"Unocal Settles Human Rights Lawsuit Over Alleged Abuses at Myanmar Pipeline; A deal ends a landmark case brought by villagers who said soldiers committed atrocities": This article appears today in The Los Angeles Times.

And BBC News reports that "Unocal pays out on Burma 'abuses'; US oil giant Unocal has agreed to compensate Burmese villagers over alleged abuses committed during the construction of a gas pipeline."
Posted at 06:55 PM by Howard Bashman




"Schiavo's Parents Beg Court to Act Quickly": The Associated Press provides this report, while The AP's Hope Yen reports that "High Court's Right-To-Die Rulings Are Thin."

The Atlanta Journal-Constitution reports that "Schiavo's parents appeal to Atlanta court" and "Protesters criticize judge's ruling."

The New York Times reports that "Schiavo's Parents Appeal Ruling on Feeding Tube."

The Washington Post reports that "Judge Refuses to Intervene in Schiavo Case; Federal Judge Declines to Order Reinsertion of Feeding Tube."

The Los Angeles Times reports that "Terri Schiavo's Parents Appeal Federal Ruling."

And Reuters reports that "Schiavo Case Casts Spotlight on Oregon Suicide Law."
Posted at 05:54 PM by Howard Bashman




Programming note: My day job requires my presence in Washington, DC. Additional updates will appear online here later today.
Posted at 07:20 AM by Howard Bashman



"Will Republicans Go Nuclear?" E.J. Dionne Jr. has this op-ed today in The Washington Post.
Posted at 07:05 AM by Howard Bashman



BREAKING NEWS -- Access online the ruling of the U.S. District Court for the Middle District of Florida denying a temporary restraining order in the Terri Schiavo case: I have uploaded a copy of this morning's ruling, and you can access it online by clicking here.

Update: The decision is also available online here via the federal district court's web site.
Posted at 07:00 AM by Howard Bashman




BREAKING NEWS -- "Judge Won't Order Feeding Tube Reinsertion": The Associated Press reports here that "A federal judge on Tuesday refused to order the reinsertion of Terri Schiavo's feeding tube, denying an emergency request from the brain-damaged woman's parents."

A copy of the brief filed on Terri Schiavo's husband's behalf, opposing Terri's parents' request for a temporary restraining order, can be viewed at this link.

Earlier, in today's edition of The New York Times, Adam Liptak has a news analysis headlined "Small Law, Big Implications."
Posted at 06:33 AM by Howard Bashman




In news from the Supreme Court of the United States: Today in The New York Times, Linda Greenhouse has articles headlined "After 5 Months' Absence, Rehnquist Is Back in Court"; "Justices Hear Debate on Whether Police Must Intervene"; and "Inmates Who Follow Satanism and Wicca Find Unlikely Ally."

In The Los Angeles Times, David G. Savage reports that "Ailing Rehnquist Rejoins Colleagues on the Bench" and "Justices Wary of Suing Police for Inaction; Supreme Court hears arguments in a case over the failure to respond when a mother reported her children missing." And in other coverage, "Court Denies Moussaoui Access to Alleged Al Qaeda Figures; The Sept. 11 suspect sought to question men in U.S. custody as possible witnesses; Rejection of appeal puts his trial back on track"; "High Court Turns Away Philip Morris; A smoker in Glendale who developed cancer is set to collect more than $16 million in damages;" and "Supreme Court Won't Hear Wine Dispute; An effort by the maker of 'Two Buck Chuck' to keep the word 'Napa' on some of its other brands' labels is rebuffed."

In USA Today, Joan Biskupic reports that "Rehnquist active participant on 1st day back; Chief justice returns to bench after months away treating cancer" and "Justices skeptical of argument on restraining orders."

The Washington Times reports that "Chief justice returns to court" and "Justices spurn Moussaoui plea."

The Baltimore Sun reports that "Rehnquist returns to bench after absence of five months; Chief justice undergoing thyroid cancer treatment."

The Birmingham News reports that "High court refuses to hear Pryor case."

The Denver Post reports that "Police immunity pursued; U.S. Supreme Court hears lawsuit against Castle Rock."

The Rocky Mountain News reports that "Justices hear mom's suit; U.S. high court poses tough questions in case against Castle Rock cops."

And in The San Francisco Chronicle, Bob Egelko reports that "Tobacco damages upheld; Philip Morris must pay $10.5 million."
Posted at 06:20 AM by Howard Bashman



Monday, March 21, 2005


"Law for Schiavo unusual, but not necessarily unconstitutional": Jan Crawford Greenburg will have this article Tuesday in The Chicago Tribune.
Posted at 11:24 PM by Howard Bashman



"Judging the Court: Looking back at the Rehnquist Court." This event featuring an all-star line-up is scheduled to take place in Philadelphia at the National Constitution Center on April 27, 2005.
Posted at 11:20 PM by Howard Bashman



"Dispute over Schiavo still in limbo as judge adjourns without ruling": This article will appear Tuesday in The Orlando Sentinel.
Posted at 11:05 PM by Howard Bashman



In Tuesday's edition of The Washington Post: Charles Lane will have articles headlined "Rehnquist Returns to the Bench; Thyroid Cancer Kept Chief Justice Away for Five Months" and "Court Declines To Wade Into Battle on Judge."

Meanwhile, in related news, "High Court Declines To Hear Terror Case; Moussaoui Loses on Witness Access."
Posted at 11:00 PM by Howard Bashman




"A public prayer case -- on hold": Lyle Denniston has this post online at "SCOTUSblog" concerning a case from South Carolina that I have previously reported on from time to time.
Posted at 10:55 PM by Howard Bashman



Access online the debate over judicial filibusters that aired on Sunday morning's broadcast of C-SPAN's "Washington Journal": Participating in the discussion were Elliot Mincberg of People For the American Way and Manuel Miranda of Coalition for a Fair Judiciary. You can view the debate online, on demand by clicking here (RealPlayer required).
Posted at 10:35 PM by Howard Bashman



"Legal Experts Say Parents Are Unlikely To Prevail": Dana Milbank will have this front page article Tuesday in The Washington Post.
Posted at 10:30 PM by Howard Bashman



"U.S. Court Begins Consideration of Schiavo Case": This article will appear Tuesday in The New York Times.
Posted at 10:25 PM by Howard Bashman



"US waits as federal judge mulls fate of comatose woman": Tuesday's edition of The Independent (UK) contains this article.
Posted at 10:24 PM by Howard Bashman



On this evening's broadcast of the PBS program "The NewsHour with Jim Lehrer": In a segment whose audio you can access here (RealPlayer required), Jan Crawford Greenburg of The Chicago Tribune reports on today's U.S. Supreme Court oral argument in the case involving the enforcement of a restraining order. Jan also discussed the return of Chief Justice William H. Rehnquist to the bench.

Another segment, meanwhile, focused on "The Case of Terri Schiavo" (link to transcript, which provides link to RealAudio).
Posted at 10:12 PM by Howard Bashman




"Justices hear case on protecting inmates' religious freedom": The Associated Press provides this report.
Posted at 08:54 PM by Howard Bashman



"Jury ends first day of deliberations in trucker's trial": The Houston Chronicle provides this news update.
Posted at 08:50 PM by Howard Bashman



"Rehnquist returns to bench for first time since disclosing illness": Stephen Henderson of Knight Ridder Newspapers provides this report.
Posted at 08:12 PM by Howard Bashman



If the U.S. Congress desired a more immediate ruling to reinstate the delivery of nutrition to Terri Schiavo, Congress has only itself to blame: Section 5 of the bill that passed the U.S. Senate on Thursday of last week stated:
SEC. 5. STAY.
Upon the filing of a suit or claim under this Act, the District Court may issue a stay of any State court order authorizing or directing the withholding or withdrawal of food, fluids, or medical treatment necessary to sustain the life of Theresa Marie Schiavo pending the determination of the suit.
That stay authorization provision was eliminated from the legislation that the House and Senate passed this weekend and President Bush signed into law early this morning.

The provision of the new law that governs the granting of relief provides, in full:

SEC. 3. RELIEF.
After a determination of the merits of a suit brought under this Act, the District Court shall issue such declaratory and injunctive relief as may be necessary to protect the rights of Theresa Marie Schiavo under the Constitution and laws of the United States relating to the withholding or withdrawal of food, fluids, or medical treatment necessary to sustain her life.
This may explain why the federal district judge, instead of granting an immediate injunction, has taken the case under advisement to determine the merits of the suit. Or, perhaps the trial judge has decided to rule against the parents, in which case the judge might view an immediate ruling as less important than a well-reasoned one.
Posted at 07:04 PM by Howard Bashman



"Ailing Rehnquist Returns to Bench": Charles Lane of The Washington Post provides this news update.
Posted at 05:58 PM by Howard Bashman



"Judge Hears Schiavo Arguments, but Does Not Rule Yet": The New York Times provides this news update. And Reuters reports that "Federal Judge Weighs Florida Right-To-Die Case."
Posted at 05:54 PM by Howard Bashman



On this evening's broadcast of NPR's "All Things Considered": Nina Totenberg has a segment entitled "Rehnquist Returns to Supreme Court Bench."

The broadcast contained several segments relating to the Terri Schiavo matter: "Federal Court to Rule on Terri Schiavo"; "The Constitution and Terri Schiavo"; "Schiavo's Previous Guardian"; and "Schiavo Case Tied to Politics and Morality."

In addition, the broadcast contained a segment entitled "Death-Row Inmates Seek Low-IQ Exception."

RealPlayer is required to launch these audio segments.
Posted at 05:44 PM by Howard Bashman




"Woman's Case Against Police Heard": David G. Savage of The Los Angeles Times provides a news update that begins, "The Supreme Court gave a skeptical hearing today to a woman's claim that police can be sued if they fail to enforce a protective order designed to shield her and her children from her estranged husband."
Posted at 05:40 PM by Howard Bashman



"Court declines to intervene on judicial appointment that bypassed Senate; Judicial appointments made by Bush during congressional recess are controversial, but in this case the Supreme Court lets the practice stand": Warren Richey will have this article Tuesday in The Christian Science Monitor.
Posted at 05:25 PM by Howard Bashman



News updates available online via law.com: Tony Mauro reports that "Rehnquist Returns to Bench for Arguments" and "High Court Says No to Pryor Appointment Challenge."

And in other news, "Justices Wary of Giving Protective Orders Constitutional Protection."
Posted at 05:15 PM by Howard Bashman




"Activist Legislators: The boundless overreaching behind Congress' new Schiavo bill." Dahlia Lithwick has this essay online at Slate.
Posted at 05:08 PM by Howard Bashman



BREAKING NEWS -- Federal district judge in Terri Schiavo case refuses to announce immediate decision on temporary restraining order: So CBS Radio News is reporting. The trial judge has announced no timetable for a ruling.

And The Associated Press reports that "Judge Won't Issue Decision on Schiavo Yet."
Posted at 05:04 PM by Howard Bashman




"High Court Hears Restraining Order Case": The Associated Press provides this report on one of the cases argued today at the U.S. Supreme Court.
Posted at 05:00 PM by Howard Bashman



"Federal Judge Weighs Florida Right-To-Die Case": Reuters provides this report.
Posted at 04:22 PM by Howard Bashman



Access online the motion for a temporary restraining order that Terri Schiavo's parents filed this morning in the U.S. District Court for the Middle District of Florida: You can access the motion online at this link.

In his order scheduling a hearing on the motion for 3 p.m. today, U.S. District Judge James D. Whittemore faulted the parents' lawyers for violating the local rule of procedure requiring that a memorandum of law accompany such a motion. According to the order, if such a memorandum of law was not filed by noon today, the trial court would have summarily denied the motion.
Posted at 04:14 PM by Howard Bashman




"Schiavo Case Exposes Political Divide in U.S.": Reuters provides this report.
Posted at 03:42 PM by Howard Bashman



So you didn't get to see Chief Justice William H. Rehnquist today at the U.S. Supreme Court? Thanks to The Associated Press, you can at least see the Chief (here, here, and here) as he was walking from his home to the car that would take him to the Court.
Posted at 03:38 PM by Howard Bashman



"Slate's Jurisprudence: Law and Politics in Schiavo Case." Today's broadcast of NPR's "Day to Day" included this segment (RealPlayer required) featuring Dahlia Lithwick.
Posted at 03:28 PM by Howard Bashman



U.S. Supreme Court exhibits Pryor restraint: Bloomberg News reports that "Bush Judicial Appointment Survives Supreme Court Test."
Posted at 03:20 PM by Howard Bashman



"Supreme Court Declines Moussaoui Appeal": The Los Angeles Times provides this news update.
Posted at 03:15 PM by Howard Bashman



Divided three-judge Third Circuit panel rejects Fourth Amendment challenge to federal DNA Analysis Backlog Elimination Act, which mandates collection of DNA samples from prisoners, parolees, and individuals on probation and supervised release who have committed certain offenses: You can access today's ruling of the U.S. Court of Appeals for the Third Circuit at this link.
Posted at 02:10 PM by Howard Bashman



Access online the federal court complaint filed early this morning by Terri Schiavo's parents: Via FindLaw, you can access the complaint at this link.

Meanwhile, Reuters reports that "Schiavo Recovery Impossible, Experts Say."
Posted at 02:00 PM by Howard Bashman




"Poll: No Role for Government in Schiavo Case; Federal Intervention in Schiavo Case Prompts Broad Public Disapproval." ABC News has released the results of a poll today showing that "Americans broadly and strongly disapprove of federal intervention in the Terri Schiavo case, with sizable majorities saying Congress is overstepping its bounds for political gain." You can access the entire ABC News report by clicking here. And even more details on the poll are available at this link.
Posted at 12:50 PM by Howard Bashman



"Cornyn Introduces Legislation To Keep Foreign Influence Out Of U.S. Courts": U.S. Senator John Cornyn (R-TX) has issued this press release today. You can access the text of this proposed legislative resolution at this link.
Posted at 12:45 PM by Howard Bashman



On today's broadcast of NPR's "Morning Edition": In addition to plenty of Terri Schiavo-related coverage, the broadcast contained two segments featuring Nina Totenberg -- "Supreme Court Examines Religion and Prison" and "High Court Hears Case on Protective Orders."

The broadcast also featured a segment entitled "Attorney General Gonzales Warns of 'Complacency.'" Extended excerpts from NPR's interview with Attorney General Alberto R. Gonzales can be heard by clicking here.

RealPlayer is required to launch these audio segments.
Posted at 12:40 PM by Howard Bashman




"Justice Rehnquist and 'The Freedom of Speech, . . . or of the Press'": Law Professor Geoffrey R. Stone has this guest post today at "ACSBlog."

Professor Stone is also debating Law Professor Eugene Volokh this week in legalaffairs.org's Debate Club feature, on the subject "Forget Free Speech?"
Posted at 12:30 PM by Howard Bashman




In today's edition of The New York Times: An editorial is entitled "That Scalia Charm."

And from London, Iain Duncan Smith -- member of Parliament for Chingford and Woodford Green -- has a judicial filibuster-related op-ed entitled "Minority Rules."
Posted at 11:45 AM by Howard Bashman




"Jurors weigh trucker's guilt in immigrants' deaths": The Houston Chronicle provides this news update.
Posted at 11:40 AM by Howard Bashman



Available today from National Review Online: Mark R. Levin has an essay entitled "Will on Filibusters: Considering a column and a battle to come."

And Andrew C. McCarthy has an essay entitled "Lingering Questions: The Schiavo bill passes, but much is still in doubt."
Posted at 10:50 AM by Howard Bashman




"Tampa federal court to hear case at 3 p.m.; U.S. District Judge James D. Whittemore will decide the Schindlers' request to restore their daughter's feeding tube": So reports the home page of The St. Petersburg Times. And Reuters reports that "U.S. Judge Orders Hearing in Fla. Right-To-Die Case."

This demonstrates that there is only so much that the U.S. Congress can do to expedite a decision from a federal court. The final version of the federal legislation signed into law this morning can now be accessed at this link.
Posted at 10:35 AM by Howard Bashman




U.S. Supreme Court denies review in cases challenging the constitutionality of William H. Pryor, Jr.'s recess appointment to the U.S. Court of Appeals for the Eleventh Circuit: The order along with Justice John Paul Stevens' statement respecting the denial of certiorari can be accessed here.

In early press coverage, The AP's Hope Yen reports that "Court Sidesteps Bush Recess Appointment." And Reuters reports that "Justices Let Stand Bush's Appointment of Judge."
Posted at 10:15 AM by Howard Bashman




Today's U.S. Supreme Court Order List: Today's Order List can be accessed at this link. The Court granted review in no new cases today. Justice Clarence Thomas, joined by the Chief Justice, dissented from the denial of review in a habeas case from the Sixth Circuit.

In early press coverage, Hope Yen of The Associated Press reports that "High Court Won't Hear Moussaoui Appeal." The AP also reports that "Court Nixes Lawsuit Over Woman's Murder" and "Court Declines to Clarify Disclosure Law."

Reuters, meanwhile, reports that "Supreme Court Rejects Moussaoui Appeal in Sept. 11 Case" and "U.S. court rejects Philip Morris $9 mln award appeal."
Posted at 10:00 AM by Howard Bashman




"Legal aliens: A conservative movement says the Supreme Court is getting too chummy with foreigners." Luiza Ch. Savage, who reports from Washington, DC for The New York Sun, had this interesting essay yesterday in the Ideas section of The Boston Globe.
Posted at 09:58 AM by Howard Bashman



Lawsuit filed early today by Terri Schiavo's parents has been assigned to U.S. District Judge James D. Whittemore: So reports The Associated Press in an article you can access here. And The Miami Herald reports that "Judge receives Schiavo lawsuit."

What little information is available online about Judge Whittemore can be accessed here, here, and here.
Posted at 09:48 AM by Howard Bashman




What impending U.S. Supreme Court vacancy? Hope Yen of The Associated Press has an article headlined "Ailing Rehnquist Returning to Bench" that begins, "Ailing Chief Justice William H. Rehnquist feels well enough to return to the bench for the first time in five months, a court spokeswoman said Monday."
Posted at 09:35 AM by Howard Bashman



Meet the judges of the U.S. District Court for the Middle District of Florida: Now that Terri Schiavo's parents have filed suit under the legislation that became federal law early this morning, their case will be assigned to one of the federal judges serving in the U.S. District Court for the Middle District of Florida.

You can access a list of those judges at this link. Last Friday's decision denying a temporary restraining order was issued by U.S. District Judge James S. Moody, Jr. It remains to be seen whether the parents' newly filed suit will be assigned to Judge Moody because he handled the earlier related matter.
Posted at 08:40 AM by Howard Bashman




"'The Rehnquist Legacy' comes under review": Indiana University issued this press release last week regarding a conference that will occur April 1-2, 2005 at the Indiana University School of Law-Bloomington.
Posted at 07:40 AM by Howard Bashman



"Supreme Confidence: Justice Antonin Scalia's opinions." That's the title of a profile by Margaret Talbot in the March 28, 2005 issue of The New Yorker. Sadly, the profile is not freely available online. You can, however, access online this interview with Talbot in which she discusses "Scalia's legal philosophy, why conservatives love him, and why he makes so many people so angry."
Posted at 07:30 AM by Howard Bashman



"The Supreme Court Considers the Rights of Foreign Citizens Arrested in the United States: Examining a Case That Could Dramatically Affect the Way Americans Are Treated When Arrested Abroad." Louis Klarevas and Howard S. Schiffman have this essay online today at FindLaw.
Posted at 07:28 AM by Howard Bashman



"Professors' actions troubling; In opposing 'don't ask, don't tell,' the Law School faculty seeks to restrict military recruiting": Bryan Freeman has this essay today in The Minnesota Daily.
Posted at 07:25 AM by Howard Bashman



"When tradition, emotion and the law collide; On both sides, courts struggle with rationales": Yesterday in The San Francisco Chronicle, Bob Egelko had this same-sex marriage-related article.
Posted at 07:22 AM by Howard Bashman



"Justices Take Up Future of Net Access; A high-court case could affect how consumers get voice and video over high-speed connections": The Los Angeles Times contains this article today.
Posted at 07:15 AM by Howard Bashman



"Top court to hear case on inmates' sacred items": This article appears today in The Cleveland Plain Dealer.

The Newark Star-Ledger reports that "High court to weigh prisoners' religious rights; 2000 law also prohibits communities from zoning out houses of worship."

And The San Bernardino County Sun reports that "Faith case heard; Arguments go to Supreme Court."
Posted at 07:10 AM by Howard Bashman




"ACLU attorney recounts Commandments case; Supreme Court may rule in June": The Louisville Courier-Journal contains this article today.
Posted at 07:00 AM by Howard Bashman



"Congress Passes and Bush Signs Legislation on Schiavo Case": This article appears today in The New York Times.

The Washington Post reports that "Congress Passes Schiavo Measure; Bush Signs Bill Giving U.S. Courts Jurisdiction In Case of Fla. Woman."

The Los Angeles Times reports that "Bush Approves Schiavo Review in U.S. Court; President signs a bill sent by Congress early this morning; The law lets the woman's parents ask a judge to order her feeding tube reinserted."

USA Today contains articles headlined "Congress enters Schiavo case; Senate, House vote to intervene" and "Does Congress seek due process or political gain? Unusual move would allow for review in federal court."

The New York Sun reports that "Congress Approves Bill To Open Way in Court For Bid To Save Schiavo."

The St. Petersburg Times today contains an article headlined "Congress votes: Keep Schiavo alive; President Bush flies in from Texas to sign the bill."

The Tampa Tribune reports that "Congress OKs Bill To Sustain Schiavo."

And The Associated Press reports that "Fate of Terri Schiavo Rests With Judge."

The White House early this morning issued a news release entitled "President's Statement on S. 686, Allowing Federal Courts to Hear Claim of Terri Schiavo."

You can access at this link the text of the legislation signed into law early this morning.
Posted at 06:45 AM by Howard Bashman




BREAKING NEWS -- The U.S. House of Representatives has voted to approve the Terri Schiavo federal legislation: The legislation has passed by a vote of 203-58. President Bush is expected to sign the law just as soon as it is brought over to the White House.

In early coverage, The Associated Press reports that "Congress OKs Bill for Schiavo Case Review."
Posted at 12:42 AM by Howard Bashman




"Does the Disability Act Stop at the Shoreline?" Linda Greenhouse had this article Sunday in the travel section of The New York Times.
Posted at 12:25 AM by Howard Bashman



The U.S. House of Representatives is now beginning its recorded vote on the Terri Schiavo legislation: I will post the outcome of the vote once it is announced. The vote is scheduled to wrap-up in approximately fifteen minutes from now.
Posted at 12:20 AM by Howard Bashman


Sunday, March 20, 2005


"Radio takes up effort to save cross; Talk shows held at site with hosts pushing signature drive on the air": The San Diego Union-Tribune contained this article yesterday.
Posted at 11:48 PM by Howard Bashman



"He says he's the biological father, but law says matrimony trumps DNA": This article appears today in The Grand Rapids Press.
Posted at 11:44 PM by Howard Bashman



"Wine giant Bronco's case may hit wall at Supreme Court": Yesterday's edition of The Napa Valley Register contained this article.
Posted at 11:40 PM by Howard Bashman



"Truce better than filibuster": This editorial will appear Monday in The Milwaukee Journal Sentinel.
Posted at 11:32 PM by Howard Bashman



"Justices consider enforcement of restraining orders": Joan Biskupic will have this article Monday in USA Today.
Posted at 11:20 PM by Howard Bashman



"U.S. Courthouses Address Security Issue": The Associated Press provides this report.

Meanwhile, The Atlanta Journal-Constitution today contains an article headlined "'There's a demon inside me'; At rape trial, Brian Nichols was portrayed as man on verge of losing control." And Monday's edition of that newspaper will contain an article headlined "Experts say venue change carries risks."
Posted at 11:15 PM by Howard Bashman




"Solo voice on the High Court": Monday's edition of the Israeli newspaper Haaretz contains an article that begins, "On Wednesday, when he retires, Yaakov Turkel will talk about the essence of his most recent rulings as a High Court justice, at a special ceremony attended by all his colleagues."
Posted at 10:58 PM by Howard Bashman



"John H. Pickering Dies at 89; Attorney Co-Founded D.C. Firm": Monday's edition of The Washington Post will contain an obituary that begins, "John H. Pickering, 89, a renowned appellate lawyer and founding partner of Wilmer, Cutler and Pickering, which would become one of the city's leading law firms, died March 19 at the Washington Home hospice after a stroke." You can access more biographical information at this link.
Posted at 10:50 PM by Howard Bashman



"Personal Trials Fuel A Fight For Equality": Monday's edition of The Tampa Tribune will contain an article that begins, "After all these years, the Hooters case still bothers Gilbert Casellas." Gil served as hiring partner at Montgomery, McCracken, Walker & Rhoads when I joined that law firm after my judicial clerkship on the U.S. Court of Appeals for the Third Circuit.
Posted at 10:45 PM by Howard Bashman



In Monday's early edition of The New York Times: Articles that will surely be updated once the House of Representatives votes after midnight are currently headlined "House Members Hold Sunday Night Session on Schiavo Bill" and "Supporters Praise Bush's Swift Return to Washington."
Posted at 10:40 PM by Howard Bashman



"Congress May Fight Court on Global Front; Some Conservatives Worry That Jurists Too Often Cite International Precedents": Jess Bravin will have this article (free access provided) in Monday's edition of The Wall Street Journal.

Relatedly, in Monday's edition of USA Today, Gary Bauer will have an op-ed entitled "Disorder in our high court." And yesterday in The Ventura County Star, columnist George Sjostrom had an essay entitled "Supreme Court's life tenure should be abolished."
Posted at 10:32 PM by Howard Bashman




"U.S. Catholic bishops to launch campaign denouncing death penalty": This article will appear Monday in The Chicago Tribune.

Monday's edition of The Washington Post will report that "Catholic Bishops Plan Drive Against Death Penalty; Leaders Shift Priorities, Sensing Public Opinion Has Changed on Capital Punishment."

And The Boston Globe today reports that "Campaign set against executions; Bishops widen effort to end death penalty."
Posted at 10:30 PM by Howard Bashman




"Court Tackles Town's Role in Child Safety; 3 Daughters Died When Colorado Police Refused to Arrest Banned Father": Charles Lane will have this article Monday in The Washington Post.
Posted at 10:28 PM by Howard Bashman



An opposite view regarding Article III standing of parents: A law professor emails:
Regardless of what one thinks about the constitutionality or wisdom of this law or the merits of the underlying case, Theresa Schiavo's parents clearly satisfy the Article III minimum for standing. You mean to tell me I suffer no injury in fact if my kid dies? I hope I never find out, but I can bet that if one of my kids did die -- even after they grew up and I was no longer their guardian -- I'd "in fact" suffer lots of injury. Whether or not the death of my kid violates my constitutional rights, I'd certainly suffer injury. That the proposed statute wouldn't authorize the parents to sue to vindicate their own constitutional rights, so it's irrelevant that they have no such rights here. The statute eliminates the prudential doctrine forbidding third-party standing and allows the parents to vindicate Theresa Schiavo's rights (if those rights were in fact violated). Nothing in Lujan prohibits that.
Thanks much for the email.
Posted at 10:20 PM by Howard Bashman



Tonight's debate in the U.S. House of Representatives on the proposed Terri Schiavo legislation can be viewed online via C-SPAN: A real debate is underway, and you can view it online by clicking here (RealPlayer required).
Posted at 10:11 PM by Howard Bashman



"To Cut Online Chatter, Apple Goes to Court": John Markoff will have this article in Monday's edition of The New York Times.
Posted at 09:05 PM by Howard Bashman



The Knight Ridder Newspapers are reporting: Newly available online this evening are articles headlined "Legal questions abound about legislation to keep Schiavo alive"; "Congress set to pass measure to keep brain-damaged woman alive"; and "Social conservatives flex political muscle in Schiavo case."
Posted at 08:55 PM by Howard Bashman



"MAJOR constitutional flaw in Schiavo Act!!!!" Thanks to all the readers who have responded thus far to my earlier post discussing whether the proposed federal legislation in the Terri Schiavo matter is constitutional. One email raises a particularly interesting point:
Here's a concern that I haven't seen raised re the Schiavo bill passed by the Senate, S. 653.

Section 1 reads as follows:

"The United States District Court for the Middle District of Florida shall have jurisdiction to hear, determine, and render judgment on a suit or claim by or on behalf of Theresa Marie Schiavo for the alleged violation of any right of Theresa Marie Schiavo under the Constitution or laws of the United States relating to the withholding or withdrawal of food, fluids, or medical treatment necessary to sustain her life."

Section 2 purports to give Schiavo's parents standing "to bring suit under this Act," to review "de novo any claim of a violation of any right of Theresa Marie Schiavo within the scope of this Act."

Of course, Congress cannot "award" standing to someone who lacks Article III standing. Article III standing is only present where, per Lujan, the plaintiff has suffered injury in fact, caused by the challenged action, redressible by the court.

Schiavo's parents do not have any such standing. They are not the legal guardians of Schiavo -- her husband is. (Or the Court is, ad litem; I can't recall which right now.) As nonguardian parents to an adult child, I fail to see how the parents enjoy standing to enforce Terri's constitutional/statutory rights. Congress certainly can't circumvent this constitutional problem.

I don't know whether this next observation is directly on point, but as I noted here back in December 2003, various U.S. Courts of Appeals have divided over whether the U.S. Constitution's due process clause protects a parent's right to the companionship of his or her adult child.
Posted at 08:50 PM by Howard Bashman



"Case examines cops' liability; Court considers mom's effort to sue after killings": This article, reporting on a case to be argued tomorrow in the U.S. Supreme Court, appears today in The Denver Post. And "SCOTUSblog" offers this oral argument preview.
Posted at 07:55 PM by Howard Bashman



"Senate Passes Legislation on Schiavo Case": The Associated Press provides this updated report. According to the article, a vote is scheduled in the House of Representatives for 12:01 a.m. Monday. The House was unable to act on the legislation today due to the lack of unanimous consent to pass the law in the absence of a roll call vote.
Posted at 07:00 PM by Howard Bashman



"Religion in prison tested; Supreme Court asked to limit law": The San Bernardino County Sun today contains an article that begins, "Rarely do Christians and Satanists play on the same team. But politics make for unlikely alliances."

And online at the First Amendment Center, Charles C. Haynes today has an essay entitled "The Supreme Court and the incredible shrinking free-exercise clause."
Posted at 06:54 PM by Howard Bashman




In Monday's issue of The Christian Science Monitor: Warren Richey will have an article headlined "Before high court: law that allows for religious rights; The justices will consider to what extent certain prisoners can practice religion."

And in other news, "Why Schiavo is a cause celebre: Leaders of Congress intervened over the weekend in a highly charged case."
Posted at 06:45 PM by Howard Bashman




"A well-planned jumble: Dr. Albert Barnes saw art not as a discipline of facts and figures, but as a vehicle connecting mortal history; To experience his genius unaltered, move quickly." This appreciation of The Barnes Foundation appears today in The St. Petersburg Times. The article overlooks that an appeal remains underway challenging the order authorizing The Foundation's move from its current suburban location to central Philadelphia.
Posted at 06:15 PM by Howard Bashman



"If You Were a Democrat": This judicial filibuster-related editorial will appear in the March 28, 2005 issue of The Weekly Standard.

And today in The Day of New London, Connecticut, Marianne Means has an essay entitled "The Judicial Blame Game" that begins, "President Bush has heaped new coals on the partisan bonfire that threatens to consume the Senate over his crusade to stack the federal bench with extreme right-wing judges."
Posted at 06:00 PM by Howard Bashman




"Bid to Restore Schiavo Feeding Tube Stalls": The Associated Press provides this report.

Reuters, meanwhile, reports that "Senate Intervenes in Right-To-Die Case" and, earlier, that "Congress puts off action in right-to-die case."
Posted at 05:22 PM by Howard Bashman




Is the federal legislation in the Terri Schiavo matter constitutional? News reports indicate that the U.S. Congress is likely today to pass legislation similar to that approved late last week in the U.S. Senate, and President Bush will then sign the provision into law. The bill that the Senate approved late last week can be accessed here.

For purposes of this discussion, I employ the term "constitutional" in its traditional sense, and thus the answer to this question depends on the text of the U.S. Constitution and the precedent established by court rulings definitively construing that document. I do not employ the term "constitutional" to encompass whether the arguments in favor of or in opposition to the law are more convincing as a matter of policy or whether I would vote in favor of or against the law if I were a legislator.

Section 1 of the legislation provides:

The United States District Court for the Middle District of Florida shall have jurisdiction to hear, determine, and render judgment on a suit or claim by or on behalf of Theresa Marie Schiavo for the alleged violation of any right of Theresa Marie Schiavo under the Constitution or laws of the United States relating to the withholding or withdrawal of food, fluids, or medical treatment necessary to sustain her life.
Section 2 then begins by specifying that Terri's parents will have standing to bring suit under the new law.

As a structural matter, it appears to be within the power of the U.S. Congress to create a cause of action to redress a violation of the U.S. Constitution and/or federal law "relating to the withholding or withdrawal of food, fluids, or medical treatment necessary to sustain" a person's life, assuming that such laws or constitutional rights in fact exist. A more difficult question is whether such preexisting substantive federal rights can be enforced against a private person (namely, Terri Schiavo's husband) or whether such rights are only enforceable against someone acting under color of state law. In any event, I anticipate that the parents will sue a variety of defendants, with an eye toward ensuring that the federal rights in question are enforceable against at least one or more of the defendants.

Section 2 of the legislation goes on to provide:

In such a suit, the District Court shall determine de novo any claim of a violation of any right of Theresa Marie Schiavo within the scope of this Act, notwithstanding any prior State court determination and regardless of whether such a claim has previously been raised, considered, or decided in State court proceedings.
In my view, Congress does not act unconstitutionally in denying full faith and credit to a state court judgment in a federal court proceeding, because the obligation for a federal court to afford full faith and credit to a state court judgment arises by means of federal statutory law, and not under the U.S. Constitution. Article IV of the U.S. Constitution requires that the courts of one State afford full faith and credit to the rulings of courts of another State, but that provision of the U.S. Constitution does not apply to federal courts. A federal statute -- 28 U.S.C. sec. 1738 -- requires federal courts to give full faith and credit to state court rulings. What Congress requires in an earlier federal statute Congress is free to take away in a later enacted statute. (Indeed, the U.S. Supreme Court has recognized that Congress has the power to repeal partially the full faith and credit act.) Thus, the denial of full faith and credit in federal court to a state court decision does not give rise to a federal constitutional issue in my view.

Those who find the soon-to-be-enacted federal law objectionable have two main arguments. The first is that a law of this kind is heretofore unheard of. Yet that does not necessarily make the law unconstitutional. And the second main objection is that all that is guaranteed to result from the legislation is much additional delay; a different result in federal court is far from assured. From the perspective of the legislation's proponents, however, if a different result cannot be achieved, then the second-best outcome is accomplishing significant delay in the implementation of the current outcome.

There assuredly are many persuasive reasons to be opposed to this new law as a matter of policy. But that, standing alone, does not make the new law unconstitutional. If I have overlooked any constitutional arguments (and be assured that what I have already written does not overlook "federalism"), please let me know what they are, how they are relevant, and how you think those arguments ought to be resolved.

On this morning's broadcast of NPR's "Weekend Edition - Sunday," two well-respected law professors offered additional commentary on this subject in a segment titled "Schiavo Case Sets New Tone in Congress."
Posted at 02:33 PM by Howard Bashman




In today's edition of The Los Angeles Times: In news relating to Terri Schiavo, the newspaper contains articles headlined "Congress Gives Parents a Voice in Schiavo Case; An unusual measure that applies only to the Florida woman would allow appeal to a federal court; Bush will return from Texas to sign it" and "How the Private Became Political."

A news analysis is headlined "Off to a Running Start, How Far Can GOP Go?"

And Law Professor Catharine A. MacKinnon has an op-ed entitled "Smut's Insidious Threat" that, among other things, discusses "Amaani Lyle's suit against Warner Bros., soon to be argued before the California Supreme Court."
Posted at 01:44 PM by Howard Bashman




"Trial By Legislation": CBS News legal analyst Andrew Cohen has this Terri Schiavo-related essay today.
Posted at 12:45 PM by Howard Bashman



"Congress Ready to Approve Bill in Schiavo Case": This article appears today in The New York Times. Looking at the proposed legislation, Yale Law Professor Jack M. Balkin writes at his blog, "The Senate bill looks like a final exam in a Federal Courts course."
Posted at 10:30 AM by Howard Bashman



"Nuclear Options": That's the title of William Safire's "On Language" column today in The New York Times Magazine.

The Cincinnati Enquirer today contains an editorial entitled "Nix the 'nukes' on Senate nominations."

The Courier-Journal of Louisville, Kentucky contains an editorial entitled "Flipping over filibuster."

The Republican of Springfield, Massachusetts contains an editorial entitled "Peace in the Senate a must, not an option."

In The Baltimore Sun, Gail Gibson has an essay entitled "Senate heads for showdown over filibuster; A dispute over judicial confirmation votes could lead to a radical rule change once considered unthinkable."

And in the March 28, 2005 issue of Time magazine, Joe Klein will have an essay entitled "The Creative Stubbornness of Harry Reid: The Senate Democratic leader keeps the GOP in check."
Posted at 08:40 AM by Howard Bashman




"Conservative's Book on Supreme Court Is a Bestseller": Charles Lane has this article today in The Washington Post.
Posted at 08:32 AM by Howard Bashman



"Securing the courts: Without a state standard for courthouse security, precautions vary from case to case, courtroom to courtroom, county to county." This article appears today in The Free Lance-Star of Fredericksburg, Virginia.
Posted at 08:20 AM by Howard Bashman


Saturday, March 19, 2005


"Huge roof payout put back in play": The Milwaukee Journal Sentinel today contains an article that begins, "The state Supreme Court on Friday overturned a lower court ruling that threw out a $94 million award to the families of three ironworkers killed in the 1999 Big Blue crane collapse at Miller Park, but significant legal issues remain before the case can be settled."
Posted at 11:05 PM by Howard Bashman



"Lefkow shouldn't let killer take family's home, community": Today in The Chicago Sun-Times, columnist Sue Ontiveros has this essay.
Posted at 11:00 PM by Howard Bashman



"Detectives' Lawyers Know the Spotlight": Sunday's issue of The New York Times will contain an article that begins, "A criminal trial without good lawyers is not unlike a pennant game without good pitchers."
Posted at 10:54 PM by Howard Bashman



"Congress Steps In on Schiavo Case; Lawmakers to Pass Bill to Resume Feeding, Allow Court Review": This front page article will appear Sunday in The Washington Post.

The New York Times on Sunday will contain articles headlined "Schiavo Battle Brings Life's End Into Discussion" and "Protesters at Hospice Push for Showdown Over Schiavo."

And from National Public Radio, this evening's broadcast of "All Things Considered" contained a segment entitled "Congress Resumes Bid to Intervene in Schiavo Case." And this morning's broadcast of "Weekend Edition - Saturday" contained a segment entitled "High Court Stays Away from Schiavo Case." RealPlayer is required to launch these audio segments.
Posted at 10:45 PM by Howard Bashman




"A Matter of Restraint: In a tragic case, the Supreme Court will have to decide how to strike a delicate balance between the rights of victims and those entrusted with protecting them." Newsweek has posted this article online today.
Posted at 10:40 PM by Howard Bashman



"Fair Trial For Terrorist?" CBS News legal analyst Andrew Cohen today has an essay that begins, "The Supreme Court conferred Friday morning about one of the most important terror law issues to arise in the wake of the Sept. 11, 2001, attacks on America."
Posted at 09:14 PM by Howard Bashman



Newsweek releases poll results on the "nuclear option": An article that Newsweek posted online today contains the following two paragraphs toward its end:
Then there's the filibuster issue. The Republicans, in control of both legislative and executive branches, may push to change Senate rules to make it impossible to filibuster judicial nominees, the so-called "the nuclear option" because Democrats have threatened to respond by using procedural rules to shut the Senate down. (Under current Senate rules, 60 of the 100 senators are needed to cut off debate, and the Democrats have 45. That has been enough to sustain a filibuster, but not to win votes.) Neutering the filibuster would be unpopular with Americans, nearly six in ten (57 percent) of whom would disapprove. Even one-third (33 percent) of Republicans say they would object to such a move.

Still, as unfavorably as they view taking away the filibuster option, Americans may not have the stomach for an obstructionist Democratic response. Nearly half (46 percent) say they would disapprove of retaliatory slowing down or stopping of Senate business; 40 percent say they would approve of such a move. Political independents disapprove by a 47 percent-36 percent margin; just 26 percent of self-identified Democrats would disapprove.

The poll questions and raw data that the poll produced are available here.
Posted at 08:33 PM by Howard Bashman



"Judicial interpretation poses major problem for the U.S.": The Macon Telegraph yesterday contained an op-ed by Bill Ferguson that begins, "Antonin Scalia is not a happy man."
Posted at 08:30 PM by Howard Bashman



"Politics gains greater role in nominations": Sunday's edition of The St. Louis Post-Dispatch will contain an article that begins, "In an unusual public address last week that many viewed as an audition for his possible nomination to head the Supreme Court, Justice Antonin Scalia remarked on the radically altered judicial climate since his confirmation to the court by the Senate in 1986."
Posted at 08:24 PM by Howard Bashman



"Congress OKs Deal to Keep Schiavo on Tube": The Associated Press reports here that "Congress leaders announced agreement Saturday on legislation they said would allow a severely brain-damaged woman to resume being fed while a federal court decides the right-to-die battle between her parents and her husband."

Reuters, meanwhile, reports that "Senate, House Reach Compromise on Fla. Woman."
Posted at 04:04 PM by Howard Bashman




"Inside Courts, Threats Become an Alarming Part of the Fabric": This article will appear Sunday in The New York Times.
Posted at 04:02 PM by Howard Bashman



"Schiavo's plight still weighs on former guardian; The man appointed in 2003 to act as a guardian for Terri Schiavo has not forgotten the harrowing task of trying to imagine himself in her place": The Miami Herald contains this article today.
Posted at 01:50 PM by Howard Bashman



"Kaiser sues fired worker for leaking data; Confidential patient information linked on blog, suit says": This article appears today in The San Francisco Chronicle.

The Oakland Tribune reports today that "State orders blogger to stop posting Kaiser medical info."

Yesterday, The San Jose Mercury News reported that "Kaiser adds to its lawsuit against blogger; Woman also accused of invading privacy." And earlier in the week, The Mercury News reported that "Kaiser goes to court over patient data leak."
Posted at 12:14 PM by Howard Bashman




"Rehnquist May Return Monday for Oral Arguments": Charles Lane has this article today in The Washington Post.
Posted at 12:10 PM by Howard Bashman



"Why Filibusters Should Be Allowed": George F. Will will have this op-ed in Sunday's edition of The Washington Post.

The Pittsburgh Tribune-Review today contains an editorial entitled "Breaking the Dems: Do it!"

And today in The Winston-Salem Journal, Law Professor Carl Tobias has an op-ed entitled "Worsening condition of judicial selection: Controversial renominations should concern those who live in jurisdictions." In the op-ed, Tobias inaccurately asserts that Fourth Circuit nominee William James Haynes II, on being renominated earlier this year, was designated for the Fourth Circuit seat that had previously been filled by Maryland residents. As a look here or here confirms, the Fourth Circuit judge whom Haynes is designated to replace is based in Abingdon, Virginia.
Posted at 09:30 AM by Howard Bashman




"Smuggling jury left with image of death; They schedule their deliberation after hearing story of a dying man holding son's body": This article appears today in The Houston Chronicle.

And The New York Times reports that "Immigrant-Smuggling Case Against Driver Goes to Jury."
Posted at 09:14 AM by Howard Bashman




In today's edition of The New York Times: Adam Liptak reports that "With Schiavo Subpoenas, Lawmakers Leap Into Contested Territory."

An article is headlined "A New Screen Test for Imax: It's the Bible vs. the Volcano."

And the newspaper contains two op-eds on the topic of security for judges. Senior U.S. District Judge John Kane has an op-ed entitled "Personal Safety and Public Justice," while David Feige has an op-ed entitled "Put Down Your Gun."
Posted at 09:00 AM by Howard Bashman



Friday, March 18, 2005


"More Than Fit to Print": In the April 7, 2005 issue of The New York Review of Books, Anthony Lewis has this review of the newly published book "Inside the Pentagon Papers."
Posted at 10:35 PM by Howard Bashman



"Viewing Videotape, Frist Disputes Fla. Doctors' Diagnosis of Schiavo": This article will appear Saturday in The Washington Post.
Posted at 10:33 PM by Howard Bashman



Available online from law.com: Marcia Coyle reports that "Justices to Weigh Key Copyright Case; Entertainment industry wants to curb file-sharing."

Tony Mauro has an article headlined "Will Rehnquist Be Back on the Bench Monday?"

And Shannon P. Duffy has an article headlined "Judge Orders Suspended Attorney to Withdraw From Federal Suit." Earlier today, I had a lengthy post about this matter in which I linked to some of the background material.
Posted at 10:20 PM by Howard Bashman




The Sacramento Bee is reporting: Today's newspaper contains articles headlined "Lungren measure aims to halt gay marriage; Constitutional change would block courts" and "Proving the power of innocence; Activist law students use DNA, other tools to free the wrongly convicted."
Posted at 09:10 PM by Howard Bashman



In news from Maine: The Associated Press offers a report headlined "Supreme Court requires Time Warner to identify anonymous e-mailer" that begins, "The state supreme court ruled Friday that Time Warner Cable must turn over account information about the sender of an insulting e-mail in a case that sought to test the waters of Internet anonymity in Maine."

You can access today's ruling of the Maine Supreme Judicial Court at this link.
Posted at 09:00 PM by Howard Bashman




The Knight Ridder Newspapers are reporting: Now available online are articles headlined "Terri Schiavo's Death may come within 2 weeks" and "Senate majority leader, a former Eagle Scout, does a good turn for the Boy Scouts."

On the topic of the second article, The Tennessean yesterday reported that "Frist moves to protect Boy Scouts' access."
Posted at 07:00 PM by Howard Bashman




A Washington, DC-based reader emails: After reading Rod Smolla's jurisprudence essay online at Slate, an appellate lawyer based in the District of Columbia writes:
It always irks me when people who mean to refer to the United States Court of Appeals for the District of Columbia Circuit refer to it as the "District of Columbia Court of Appeals." There is a court by that name, and it is not the federal appellate court on Third and Constitution. There are lots of shorthands for the D.C. Circuit, including "D.C. Circuit," "U.S. Court of Appeals for the D.C. Circuit," "Court of Appeals for the District of Columbia Circuit," etc. Only by truncating both "United States" and "Circuit" can anyone get in trouble.

Never before today, however, have I seen the D.C. Circuit misidentified as the "District of Colombia Court of Appeals." If the decisionmaker with respect to Judith Miller and Matthew Cooper's privilege claim was somehow beholden to a shaky South American government, no wonder they lost.

Shades of "de minibus."

The error this reader is emailing about can be found in the first sentence of the tenth paragraph of Smolla's essay:
Turning to the reporter's privilege—now under especially intense scrutiny in courts and Congress, in light of a recent decision by the District of Colombia Court of Appeals arising from the Plame affair—the court held that no First Amendment reporter's privilege exists at all—and that journalists Judith Miller and Matthew Cooper should report directly to jail without passing go.
"De minibus" indeed.
Posted at 06:50 PM by Howard Bashman



"Jury begins deliberating in truck death case": The Houston Chronicle provides a news update that begins, "The jury in the Tyrone Williams trial begin deliberations at 4:45 p.m. today, after prosecutors and Williams' attorney completed their closing arguments." If the jury convicts, it would next take up the question of whether to impose the death penalty should the trial judge agree that the law would allow a sentence of death to be imposed.
Posted at 06:08 PM by Howard Bashman



The perils of taking that swords into plowshares instruction too literally: The Denver Post reports today that "Appeals by nuns rejected; Convictions stand in 3 women's actions at Weld County missile silo." And The Associated Press reports that "Sentences Upheld for Nuns in Missile Case." Last night, I first noted yesterday's ruling of the U.S. Court of Appeals for the Tenth Circuit in a post you can access here.
Posted at 05:45 PM by Howard Bashman



"Commandments monument stirs emotions on GR visit": This article appears today in The Grand Rapids Press.
Posted at 05:35 PM by Howard Bashman



"Agence France Presse Sues Google Over News Site": Reuters provides this report.
Posted at 05:20 PM by Howard Bashman



Constitutional limits on federal power found in the Commerce Clause lead the Eleventh Circuit to overturn another child pornography conviction: Today's decision is particularly noteworthy because it arises on plain error review.
Posted at 05:15 PM by Howard Bashman



House Judiciary Committee's Subcommittee on Courts, the Internet, and Intellectual Property puts itself in the eye of the Vornado: In its 2002 ruling in in Holmes Group, Inc. v. Vornado Air Circulation Systems, Inc., the U.S. Supreme Court held that the U.S. Court of Appeals for the Federal Circuit only has jurisdiction over appeals in which the plaintiff's well–pleaded complaint alleges a patent law claim. Thus, where a plaintiff's complaint contains no patent law claim but the defendant's answer asserts a patent law counterclaim, an appeal of a trial court's patent law ruling would properly be heard by a regional U.S. Court of Appeals instead of the Federal Circuit. Because one major purpose for having the Federal Circuit was to advance uniformity in patent law, many in Congress are interested in overturning the result in Vornado.

Indeed, this week, the House Judiciary Committee's Subcommittee on Courts, the Internet, and Intellectual Property held hearings with an eye toward accomplishing that very result. The blog "Patently-O: Patent Law Blog" offers two posts about the hearings: "Congress Discusses Which Court Should Hear Patent Cases" and "Patent Attorneys Testify to Consistency of Federal Circuit Court of Appeals."

In September 2003, Judge William Curtis Bryson of the Federal Circuit participated in this blog's "20 questions for the appellate judge" feature. I asked him: "as a matter of policy, would you favor an amendment by Congress to the relevant jurisdictional statutes to give the Federal Circuit exclusive appellate jurisdiction over all patent claims, whether asserted by the plaintiff or defendant?"

And Judge Bryson answered:

It is too soon to tell whether the Vornado case will introduce a significant amount of non-uniformity into patent law because of the fact that regional circuits will now be deciding some patent issues. My guess is that the effect will be marginal and that the regional circuits, which have been out of the patent business for the past 20 years, will not be leaping to seize the opportunity to create circuit splits with us. A congressional fix would have the useful effect of returning us to where we were before Vornado, and it is difficult for me to see any strong policy reasons against making that change.
You can access Judge Bryson's complete interview at this link.
Posted at 05:05 PM by Howard Bashman



"Life of Privilege: Why the law protects some private relationships and not others." Rod Smolla has this jurisprudence essay online at Slate.
Posted at 04:44 PM by Howard Bashman



The AP is reporting: The latest news from Florida is "Brain-Damaged Woman's Feeding Tube Removed." And Hope Yen has a report headlined "Experts: Congress Shaky on Schiavo Actions."
Posted at 04:38 PM by Howard Bashman



"Openly Rational: A straight, Republican judge rules for the home team." This article about the recent San Francisco Superior Court same-sex marriage ruling appears in the current issue of LA Weekly.
Posted at 04:02 PM by Howard Bashman



"Rehnquist May Return to Court Soon": law.com's Tony Mauro provides this news update.
Posted at 03:58 PM by Howard Bashman



The Associated Press is reporting: Now available online are articles headlined "Judges Lack Protection Politicians Get" and "Atlanta Police Admit Errors After Shooting."
Posted at 03:35 PM by Howard Bashman



"State Supreme Court rules on damages in crane collapse; Decision that tossed $94 million award overturned, sent back to appeals court": The Milwaukee Journal Sentinel provides this news update.
Posted at 03:22 PM by Howard Bashman



"Rehnquist May Return to Bench, Supreme Court Spokeswoman Says": Bloomberg News provides this report. And at "SCOTUSblog," Lyle Denniston has a post titled "Chief Justice: on the bench Monday?"
Posted at 03:20 PM by Howard Bashman



And in other news from Canada: The Toronto Globe and Mail today also contains an article headlined "Don't dither on selection process, judge warns PM."

The article begins, "Mr. Justice Jack Major intends to retire from the Supreme Court of Canada this fall and has warned that Prime Minister Paul Martin must either redesign a judicial selection process quickly or risk being accused of 'dithering.'"

Lastly, in other big news from Canada's highest court, "Quebec Margarine Can't Masquerade as Butter, Canada Court Rules," Bloomberg News reports. And CBC News offers a report headlined "Keep the lid on yellow margarine: Supreme Court."
Posted at 03:12 PM by Howard Bashman




"Death-penalty debate grips China after wrongful execution": This article appears today on the front page of The Toronto Globe and Mail.
Posted at 03:10 PM by Howard Bashman



"Easy Rider": The U.S. Court of Appeals for the Fourth Circuit today issued an opinion that begins:
This case involves a dormant Commerce Clause challenge to a unique provision in Virginia's motorcycle dealer franchise law. The provision allows any existing franchised dealer in Virginia to protest the establishment of a new dealership for the same brand anywhere in the Commonwealth. The district court rejected the challenge, concluding that the statute neither discriminates against, nor imposes a cognizable burden upon, interstate commerce. We conclude, however, that the statute's provision for statewide protest rights unduly burdens interstate commerce in violation of the dormant Commerce Clause. The judgment is therefore reversed.
You can access the opinion at this link.
Posted at 02:55 PM by Howard Bashman



"Florida Judge Lifts Stay Blocking Feeding Tube Removal": Reuters provides this update. And The AP now reports that "Judge OKs Removal of Schiavo Feeding Tube."
Posted at 02:02 PM by Howard Bashman



"Issues of Identity: Harvard should require proof from Native American applicants." This editorial appears today in The Harvard Crimson. In response, two members of that publication's editorial board who disagree have an op-ed entitled "The Identity Threat: Requiring proof of ethnicity from any ethnic group is invasive and insulting."
Posted at 01:42 PM by Howard Bashman



Gun free high school yearbook zone: The Associated Press offers an article headlined "N.H. Federal Judge Rules Against Gun Photo" that begins, "A high school senior's bid to hold a shotgun in his yearbook portrait was rejected Thursday by a federal judge." You can view the photo at issue by clicking here. And yesterday's ruling of the U.S. District Court for the District of New Hampshire can be accessed at this link.

In earlier coverage, last week The Union Leader of Manchester, New Hampshire reported that "Judge tells student he's unlikely to win yearbook case."
Posted at 01:20 PM by Howard Bashman




BREAKING NEWS -- "Judge: Keep Schiavo feeding tube in place." The Associated Press has just issued a report that begins, "A state judge on Friday temporarily blocked the removal of the feeding tube for severely brain-damaged Terri Schiavo as legal wrangling continued over efforts by congressional Republicans to keep her alive."
Posted at 01:07 PM by Howard Bashman



The New York Times neglects to offer its own coverage of yesterday's Second Circuit oral argument in the appeal from Martha Stewart's conviction: Instead, the newspaper appears to have opted for wire service coverage.

But, other newspapers found covering the oral argument worthwhile. The Washington Post reports today that "Stewart Wants to Be Resentenced; Lawyers Argue Impact Of High Court Ruling."

Newsday today contains an article headlined "Questions about witness perjury; Appeals panel asks why judge in Martha's trial never set hearing on veracity of expert witness Larry Stewart."

The Journal News of Westchester, New York reports that "Stewart's lawyer seeking new trial, sentence."

The New York Daily News reports that "Martha could lose bracelet."

And The New York Post offers an article headlined "Martha's Munchies."
Posted at 01:02 PM by Howard Bashman




The Associated Press is reporting: Now available online are articles headlined "Rehnquist Still Weighing Whether to Return" and "Martha Stewart Judge May Resentence Her."
Posted at 12:48 PM by Howard Bashman



Sixth Circuit rejects sentencing enhancement for "unduly influencing" a minor child to engage in sexual activity where the supposed victim is in fact an undercover law enforcement officer: In so deciding, the U.S. Court of Appeals for the Sixth Circuit rejected interpretations of the sentencing provision that the Seventh and Eleventh Circuits have adopted. You can access today's ruling at this link.
Posted at 12:32 PM by Howard Bashman



New York State intermediate appellate court upholds denial of "surviving spouse" workers' compensation benefits to long-time same-sex domestic partner of deceased American Airlines flight attendant: You can access yesterday's ruling of the New York State Supreme Court, Appellate Division, Third Judicial Department at this link.
Posted at 12:24 PM by Howard Bashman



"Filibuster Precedent? Democrats Point to '68 and Fortas; But GOP Senators Cite Differences in Current Effort to Bar Votes on Judges." This article appears today in The Washington Post.

And at Human Events Online, Robert B. Bluey reports that "Stage Is Set for 'Nuclear' Showdown."
Posted at 12:15 PM by Howard Bashman




"Judge Orders Suspended Attorney To Withdraw From Age Bias Case": Today in The Legal Intelligencer, Shannon P. Duffy has an article (paid subscription required) that begins:
Despite having his license suspended by the Pennsylvania Supreme Court, attorney Frank J. Marcone has for years enjoyed the right to continue practicing in the Eastern District of Pennsylvania federal court.

But now one judge on that court has ruled that Marcone cannot handle any cases before him because he is not currently licensed in any state and therefore is not subject to continuing legal education requirements or attorney discipline, and does not make payments to the Pennsylvania Lawyers Fund for Client Security.

I have uploaded a copy of Wednesday's ruling of the U.S. District Court for the Eastern District of Pennsylvania at this link.

Back in August 2004, I had this lengthy post about a ruling from the Supreme Court of Pennsylvania in an appeal involving this very same attorney and his efforts to continue practicing in Philadelphia's federal district court.

Update: law.com has now made the article mentioned at the outset of this post freely available at this link.
Posted at 12:04 PM by Howard Bashman




Blogads: In cooperation with legalaffairs.org, which hosts "How Appealing," I'm so very pleased to announce that my blog has been approved to begin hosting advertisements placed through the Blogads service.

Such ads will appear on the upper right-hand column of this page, just below the maroon box that provides links to content found elsewhere on the Legal Affairs web site.

To get the ball rolling, we are offering an introductory rate on one-week ads of just $100, a sixty percent discount from the regular $250 rate that will apply to one-week ads after this introductory offer expires. To consider purchasing a Blogad on "How Appealing," simply click here.

More information about Blogads can be found in "A Mini-Interview With Henry Copeland From Blogads" and at the service's web site.

Can an ad on "How Appealing" generate business revenue? Last year, my law firm, as a result of having its icon featured on the upper right-hand corner of this blog, generated nearly $100,000 worth of new client business.
Posted at 11:15 AM by Howard Bashman




D.C. Circuit rules that a flight from Denver to Chicago qualifies as "international transportation" within the meaning of the Warsaw Convention: Hey, I don't invent these decisions; I just report on them. You can access today's ruling of the U.S. Court of Appeals for the D.C. Circuit at this link.
Posted at 10:30 AM by Howard Bashman



Supreme Court of Wisconsin reinstates $94 million in punitive damages awarded to the families of three ironworkers who were killed when a crane collapsed during the construction of Miller Park: You can access this morning's ruling of the Supreme Court of Wisconsin at this link.

In early press coverage, The Associated Press reports that "Award in Miller Park Deaths Overturned."

The case appears to be far from over, however, as Wisconsin's highest court remanded the case for further development of the record concerning whether the punitive damages award can survive due process scrutiny.

Chief Justice Shirley S. Abrahamson wrote the majority opinion. You can access her "20 questions for the appellate judge" interview from September 2004 at this link.

Notwithstanding that this case involved torts, Justice Prosser was recused.
Posted at 10:14 AM by Howard Bashman




"First Judge Showdown: Specter asks, 'Can we agree to disagree?' Democrats say no." Byron York has this essay today at National Review Online.
Posted at 09:32 AM by Howard Bashman



"Prison: Two women want to marry Peterson; He gets several calls of support on his first day on death row." CNN.com provides this report.
Posted at 09:25 AM by Howard Bashman



"Trial date set in lawsuit against Sudan for Cole attack": The Virginian-Pilot reports here today that "A judge has set an Aug. 23 trial date in the case filed against the Republic of Sudan by the families of the victims of the 2000 attack on the destroyer Cole."
Posted at 07:28 AM by Howard Bashman



In today's edition of The Houston Chronicle: An article reports that "Counts against trucker questioned; Some claims in death penalty case concern the judge; meanwhile, prosecution rests."

And in other news, "Yates divorce finalized; The settlement gives mother a cemetery plot beside the graves of her children."
Posted at 07:10 AM by Howard Bashman




The Atlanta Journal-Constitution is reporting: An article reporting on yesterday's funeral for Fulton County Superior Court Judge Rowland W. Barnes is headlined "Wise, just . . . 'impish.'"

In related news, "'Chaos' reigned outside the courthouse; Suspect hopped train as officers swarm."

And an article reports that "Rule would make students get permission to join gay clubs."
Posted at 07:04 AM by Howard Bashman




"Court: Sunshine Law Is Not Enforceable; Decision Could Affect Access to Federal Advisory Boards." Today in The New York Sun, Josh Gerstein has this article. I first noted yesterday's ruling of the U.S. Court of Appeals for the Ninth Circuit in a post that you can access here.
Posted at 06:54 AM by Howard Bashman



"GOP leader to offer compromise on judges; Plan would seek to avoid confrontation over Bush nominees": This article appears today in The Pittsburgh Post-Gazette.

This letter appears on the web site of Senate Majority Leader Bill Frist, M.D. (R-TN) under the heading "Frist Responds To Senator Reid's Letter On Judicial Nominations."

Elsewhere, today in The Orlando Sentinel, Peter A. Brown has an op-ed entitled "Here's how Bush may win by losing."
Posted at 06:50 AM by Howard Bashman




"Disputed Judicial Nominee Clears Senate Panel; William G. Myers III wins the approval of the GOP-led committee, but a showdown is expected with Democrats over the right to filibuster": Henry Weinstein and Maura Reynolds have this article today in The Los Angeles Times.

The Washington Times reports that "Panel gives nod to Bush judicial nominee."

And Cox Newspapers report that "'Nuclear' moment nears on judges."
Posted at 06:45 AM by Howard Bashman



Thursday, March 17, 2005


"Frist's difficulties": The Hill contains this "nuclear option"-related editorial today.

Rush Limbaugh's radio show today featured extensive discussion of the so-called "nuclear option." You can access here a transcript of his interview with Byron York, who had this essay on the subject today at National Review Online. Transcripts of other related segments from today's broadcast can be accessed here, here, and here.
Posted at 11:40 PM by Howard Bashman




"Split Panel Sends Renominated Candidate to Full Senate": In Friday's edition of The New York Times, Neil A. Lewis will have an article that begins, "Voting along strict party lines, the Senate Judiciary Committee approved the first of President Bush's appeals court nominees on Thursday, hastening the Senate's march to a large-scale partisan breakdown."
Posted at 10:54 PM by Howard Bashman



"Trucker trial ends for today amid legal wrangling": The Houston Chronicle provides this news update.
Posted at 10:48 PM by Howard Bashman



In today's edition of The Harvard Law Record: An article reports that "HLS GOP Goes to Washington D.C.; Group meets with leaders from government and private sectors, including Justice Scalia and RNC Chairman Ken Mehlman."

And Jonathan Lamberson has an essay entitled "How the courts and Judge Lefkow unknowingly created a killer."
Posted at 10:44 PM by Howard Bashman




Available online from law.com: Tony Mauro reports that "Brief Asks High Court to Look to International Law -- Again."

And from Georgia, Jonathan Ringel reports that "Courthouse Shooting Victims Mourned as Talk of Civil Suits Begins; Counties may be protected by state immunity laws."
Posted at 10:42 PM by Howard Bashman




"What Is a Journalist? News consumers will ultimately bestow credence to those blog reporters with high standards." This editorial will appear Friday in The Christian Science Monitor.
Posted at 10:22 PM by Howard Bashman



Round two approaching for Ninth Circuit nominee William Gerry Myers III: As I first noted here earlier today, the Senate Judiciary Committee this morning by a party-line vote of 10-8 recommended to the full U.S. Senate the confirmation of William Gerry Myers III to the U.S. Court of Appeals for the Ninth Circuit.

The transcripts of several sets of remarks delivered at this morning's Judiciary Committee executive business meeting are now available online. In addition to the remarks of Ranking Democratic Member Senator Patrick J. Leahy (D-VT), you can also access online the remarks of Senator Edward M. Kennedy (D-MA) and the remarks of Senator Russ Feingold (D-WI).

In the last Senate, a cloture request on the Myers nomination failed by a vote of 53-44. Some news coverage and commentary relating to that vote remains available online. Back then, Neil A. Lewis of The New York Times reported that "7th Candidate for Judgeship Is Blocked by Democrats." Helen Dewar of The Washington Post reported that "Democrats Block 7th Nominee to Bench; Senators Cite Myers's Approach To Environment." The Washington Times, by contrast, reported that "Democrats block 6th judge pick." And The Idaho Statesman -- the nominee's hometown newspaper -- published an editorial entitled "Rejection of Myers for court job shows system works."
Posted at 10:14 PM by Howard Bashman




Congressional Research Service reports on the subject of judicial confirmations: As debate over the so-called "nuclear option" rages among various U.S. Senators, several CRS reports are worth a look.

The first is titled "Judicial Nomination Statistics: U.S. District and Circuit Courts, 1945-1976."

The second is titled "Judicial Nomination Statistics: U.S. District and Circuit Courts, 1977-2003."

The third, and most recently updated, is titled "Implications for the Senate of President Bush's Proposal on Judicial Nominations."

Both of the first two reports contain lots of statistics on the percentage of judicial nominees who won confirmation during the years under consideration. [Update: For those who would prefer to view this information in a chart, you can do so at this link.]

Three additional reports discuss filibusters and cloture: "Filibusters and Cloture in the Senate"; "Cloture Attempts on Nominations"; and "Senate Consideration of Presidential Nominations: Committee and Floor Procedure."
Posted at 08:42 PM by Howard Bashman




Tenth Circuit affirms convictions of three Sisters in the Dominican Order found guilty of injuring or destroying national-defense materials or premises at a Minuteman III Missile site in Weld County, Colorado: You can access today's unanimous ruling of a three-judge panel of the U.S. Court of Appeals for the Tenth Circuit at this link.

One of the three defendants was back in the news earlier this month. The Denver Post reported that "Nun won't pay, may do more time." The Rocky Mountain News reported that "Prison to free nun, but she balks at restitution." The Seattle Times reported that "Nun will continue fighting nukes, at risk of returning to prison." And The Associated Press reported that "Jailed nun won't pay missile silo fine."
Posted at 08:25 PM by Howard Bashman




"300 judges, many others attend Barnes service": The Atlanta Journal-Constitution provides a news update that begins, "So many judges attended the memorial service Thursday honoring Fulton County Superior Court Judge Rowland W. Barnes that their procession, some two by two, took 15 minutes."
Posted at 08:20 PM by Howard Bashman



Roy's Rock visits the Wolverine State: The Associated Press reports from Lansing, Michigan that "Ala. Commandments visit Capitol; Some protest as speakers discuss granite monument."

The State News of Michigan State University contains an article headlined "Monumental debate: Commandments statue displayed on Capitol lawn."

And The Saginaw News reports that "Debate follows Ten Commandments."
Posted at 08:05 PM by Howard Bashman




"Court tosses lawsuit seeking public judge vetting": David Kravets of The Associated Press reports here that "A federal appeals court on Thursday dismissed a lawsuit seeking to make public the internal machinations of an influential committee which recommends to the president which Californians should be nominated to a federal judgeship."
Posted at 07:38 PM by Howard Bashman



"Filibuster this": The North Adams (Mass.) Transcript published this editorial on Tuesday.
Posted at 05:20 PM by Howard Bashman



"It's back to court for The Barnes": I'm quoted in this article, which appears today in The Main Line (Pa.) Times.
Posted at 05:10 PM by Howard Bashman



"Hatch to Head Senate Panel on Copyright": The Washington Post provides this news update. A list of who is serving on which of the Senate Judiciary Committee's subcommittees for the 109th Congress can be viewed by scrolling nearly halfway down this web page.
Posted at 04:35 PM by Howard Bashman



The wire services are reporting: Now available online from The Associated Press:Meanwhile, Reuters offers a report headlined "Republicans close on US asbestos fund-Sen. Specter."
Posted at 04:30 PM by Howard Bashman



Portland Trail Blazers guard Damon Stoudamire is pleased to learn that a tie in the Oregon Court of Appeals doesn't result in overtime: The Oregonian reports today that "Appeals court lets ruling on Stoudamire drug search stand; The deadlock upholds a lower court's opinion that the Blazers player's home was searched illegally." You can access yesterday's 5-5 ruling of the Oregon Court of Appeals at this link.
Posted at 04:15 PM by Howard Bashman



"Renominated judicial nominee clears US Senate panel": Reuters provides this report.

You can access online at this link today's statement of Senate Judiciary Committee Ranking Democratic Member Patrick J. Leahy (D-VT) regarding the nomination of William Gerry Myers III to the U.S. Court of Appeals for the Ninth Circuit.
Posted at 03:05 PM by Howard Bashman




Ninth Circuit rejects lawsuit alleging that the Federal Judicial Qualifications Committee, formed by California's U.S. Senators to recommend nominees to fill federal district court and U.S. Attorney vacancies in that State, had been meeting in private and without a charter, contrary to the Federal Advisory Committee Act: You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 12:55 PM by Howard Bashman



"Panel Resends Blocked Bush Judge Nominees": Jesse J. Holland of The Associated Press provides this report.
Posted at 12:50 PM by Howard Bashman



"Judicial Nominee Myers Approved by Senate Committee": Bloomberg News provides this report, which notes that approval came on a party-line vote of 10-8.

In response, People For the American Way issued a news release entitled "Myers Narrowly Approved by Judiciary Committee; Extremely troubling nominee pushed in face of intense opposition, reflects GOP strategy to provoke filibusters in search of excuse for going 'nuclear.'"
Posted at 12:10 PM by Howard Bashman




"Martha Stewart Listens to Appeals Argument": The Associated Press provides this updated report.
Posted at 11:55 AM by Howard Bashman



Regime change in Iraq may mean bad news for asylum seekers from that Nation: The U.S. Court of Appeals for the Sixth Circuit issued this decision today. The opinion may contain hints that Iraq's former regime was attempting to build weapons of mass destruction.
Posted at 10:33 AM by Howard Bashman



If candidates for elective state appellate court judgeships can't rule on cases involving campaign donors, then who would be willing to donate to such campaigns? Here's some significant news from Illinois. The St. Louis Post-Dispatch today contains an article headlined "Court says Karmeier can hear donor's case" that begins, "In a decision that could affect Illinois' debate over campaign reform, the state Supreme Court ruled Wednesday that Justice Lloyd Karmeier can't be disqualified from a case because one of the parties has contributed to his political campaign." The entire article is fascinating and should not be missed by anyone interested in judicial elections or judicial ethics.

In earlier coverage, as I previously noted here, The Post-Dispatch reported early last month that "Donations to judge figure in court case."
Posted at 10:18 AM by Howard Bashman




In today's edition of The Austin American-Statesman: An article reports that "Williamson County inmate's note describes plan to copy Atlanta shooting; Unease about courtroom security prompts bill from Williamson lawmaker."

And an editorial is entitled "Bring geographic diversity to Texas Supreme Court."
Posted at 10:02 AM by Howard Bashman




"US Political Parties Prepare for Supreme Court Vacancy": Voice Of America News provides this report.
Posted at 10:01 AM by Howard Bashman



"Rock's Oldest Joke: Yelling 'Freebird!' In a Crowded Theater; It's a Request, a Rebuke, A Cry From the Heart, A Tribute to Skynyrd." This amusing article appears today on the front page of The Wall Street Journal.
Posted at 09:55 AM by Howard Bashman



"Martha Stewart Appears for Appeals Hearing": The Associated Press reports here that the U.S. Court of Appeals for the Second Circuit is today holding oral argument in Martha Stewart's appeal from her criminal conviction.
Posted at 09:40 AM by Howard Bashman



"'Right On, MoveOn!' Senate Democrats join MoveOn to defend the filibuster." Byron York has this essay today at National Review Online.
Posted at 09:35 AM by Howard Bashman



"Court tosses Fayette sign law": The Atlanta Journal-Constitution today contains this article reporting on a recent decision of the Supreme Court of Georgia.
Posted at 07:32 AM by Howard Bashman



Developments in the Terri Schiavo matter: The St. Petersburg Times today contains articles headlined "U.S. House acts to save Schiavo; House members pass a late-night measure that allows Terri Schiavo's parents to ask a federal court to review the case"; "Protesters gather at hospice; As Friday nears, demonstrators hold a vigil for Terri Schiavo"; and "A crusade against a 'culture of death': For Dennis Baxley, Terri Schiavo's case is a personal fight."

Meanwhile, The Tampa Tribune reports today that "Deadline Nears In Schiavo Case."
Posted at 07:30 AM by Howard Bashman




"Supreme Court Calendar": Online at Forbes.com, Christopher Buckley imagines more wacky, controversial U.S. Supreme Court rulings (via "Life, Law, Libido").
Posted at 07:20 AM by Howard Bashman



"Tribe Opposes Appeals Court Nominee; Indians say William Myers lied at 9th Circuit confirmation hearings about actions he took while serving as Interior's top lawyer": Henry Weinstein has this article today in The Los Angeles Times.

This morning, the Senate Judiciary Committee is scheduled to hold an executive business meeting during which the committee is likely to vote on the nomination of William Gerry Myers III to the U.S. Court of Appeals for the Ninth Circuit.

In related news and commentary, today The Boston Globe contains an editorial entitled "Again, no to this nominee."

The Washington Post contains an editorial entitled "Three Nominees."

The Washington Times reports that "Reid strategy called 'desperation.'" The newspaper also contains an essay by Gary J. Andres entitled "Majority rule on judges."

The Herald-Dispatch of Huntington, West Virginia reports that "Byrd blasts rule change drive; W.Va. senator urges others to fight GOPeffort to alter Senate procedure."

The Standard-Times of New Bedford, Massachusetts reports that "Parties spar over GOP bid to end filibusters for judicial nominees."

Investor's Business Daily contains an editorial entitled "On Going Nuclear."

The Daytona Beach News-Journal contains an editorial entitled "Return of checks and balances; U.S. Senate to President Bush: Give extremism a rest."

In The Oregonian, columnist David Reinhard has an essay entitled "Judge not lest ye be ... filibustered."

And at FrontPageMagazine.com, Michael Reagan has an essay entitled "The Party of Obstruction."
Posted at 07:10 AM by Howard Bashman




"Chief judge calls for more security; Handle with care, says federal judge": This article appears today in The Chicago Sun-Times.

The Chicago Tribune reports today that "Chief U.S. judge here warns of jurors' fears." In addition, public editor Don Wycliff has an essay entitled "Slayings that gripped all of America."

And The Washington Post reports that "Violence Spurs a Closer Look at Judges' Safety."
Posted at 06:50 AM by Howard Bashman




The Houston Chronicle is reporting: Today's newspaper contains articles headlined "Rider tells a stark story of fatal trip; Witness says Williams ignored immigrants' cries from inside trailer" and "Family shows support for trucker on trial for his life."
Posted at 06:45 AM by Howard Bashman


Wednesday, March 16, 2005


In Thursday's edition of The New York Times: An article will report that "Group Offers Blueprint for Courthouse Security."

In technology-related news, "As File Sharing Nears High Court, Net Specialists Worry" and "BlackBerry Maker to Pay $450 Million to Settle Patent Fight."

From Florida, "In Schiavo Case, Notoriety Finds Unlikely Judge."

In other news, "Scott Peterson Sentenced to Death for Killing Pregnant Wife."

And an article will report that "Planned Parenthood Sues Over Records Request in Indiana."
Posted at 11:50 PM by Howard Bashman




"Legal outcome could hang on sex-bias issue; Does marriage law discriminate based on gender precept?" Bob Egelko has this article today in The San Francisco Chronicle.

In The Sacramento Bee, legal affairs writer Claire Cooper has an article headlined "Gay marriage: The great (legal) divide; Some courts cite a rights struggle; others reject that comparison."

And Law Professor Tobias Barrington Wolff has an op-ed in The Los Angeles Times entitled "Different Battle, Same Struggle; But equating gay plight and black history goes too far."
Posted at 11:44 PM by Howard Bashman




"Judge: State court security is flawed." This article appears today in The Sacramento Bee.
Posted at 11:32 PM by Howard Bashman



"Dems Launch Pre-emptive Strike Before Myers Vote": FOXNews.com provides this report.
Posted at 11:30 PM by Howard Bashman



Maybe I need to read The Philadelphia Inquirer more often even when it's not quoting me: A reader emails to advise that my hometown newspaper today contains dueling editorial on the "nuclear option." Tom Barrett has an op-ed entitled "Nominees deserve an up-or-down vote," while Law Professor Bruce Ackerman has an op-ed entitled "Play by the rules; 'Option' a bad idea."

Today's Inquirer also contains an editorial entitled "The Bloggers' Awards: Medium, well done."
Posted at 11:22 PM by Howard Bashman




"NYC Law on Equal Benefits Struck Down": The Associated Press provides this report on a ruling that the New York Supreme Court, Appellate Division, First Department issued yesterday.
Posted at 11:20 PM by Howard Bashman



Marine Corps creed T-shirt ruling now available online: Via Eugene Volokh, I see that last Thursday's ruling of the U.S. District Court for the Northern District of Indiana can be accessed at this link. I previously collected press coverage of the ruling here.
Posted at 11:11 PM by Howard Bashman



"Girl Fight: The marginalized debate over female opinion writers." Dahlia Lithwick has this essay online today at Slate.
Posted at 11:08 PM by Howard Bashman



When Michael Chertoff served as a judge on the U.S. Court of Appeals for the Third Circuit, his subordinates knew better than to post confidential documents to the internet: Lara Jakes Jordan of The Associated Press reports today that "Terror Report Release Called a Mistake."

That mistake led to a front page article headlined "U.S. Report Lists Possibilities for Terrorist Attacks and Likely Toll" in today's edition of The New York Times, accompanied by a graphic titled "15 Nightmares for Disaster Planning."

In other coverage, Frank Davies of Knight Ridder Newspapers reports that "Americans must accept threat of terror attack, Chertoff says."

From Hawaii, The AP has a report headlined "Hawai'i official: Security report not marked confidential."

And Thursday's edition of The New York Times will contain an article headlined "New Homeland Security Chief Plans Retreat From 'Sky Is Falling' Approach to Terror."
Posted at 11:00 PM by Howard Bashman




The Associated Press is reporting: Now available online are articles headlined:
Posted at 10:50 PM by Howard Bashman



President Bush discusses the issue of judicial filibusters at today's White House press conference: The official transcript reflects the following exchange:
Q Mr. President, your judicial nominees continue to run into problems on Capitol Hill. Republicans are discussing the possibility of ending the current Democratic filibuster practice against it. And Democrats yesterday, led by Minority Leader Harry Reid, went to the steps of the Capitol to say that if that goes forward, they will halt your agenda straight out. What does that say about your judicial nominees, the tone on Capitol Hill? And which is more important, judges or your agenda?

THE PRESIDENT: Both. I believe that I have a obligation to put forth good, honorable people to serve on the bench, and have done so. And I expect them to get a up or down vote on the floor of the Senate. This isn't a new position for me, or the -- I've been saying this for the last several years. And they ought to get a vote. They're getting voted out of committee, but they're not getting a vote on the floor. And I don't think it's fair to the candidates, and I don't think it's fair to the administration for this policy to go forward. And so, hopefully, the Senate will be able to conduct business and also get my nominees a vote -- an up or down vote on the floor of the Senate.

Also today, Senate Democratic Leader Harry Reid (D-NV) participated in an online interview at the blog "The Raw Story." The transcript is here and an article summarizing the interview is here. The topics discussed included judicial filibusters.

Also today, Robert B. Bluey of Human Events Online reports that "Frist Partly Blames Specter’s Committee for Judicial Nomination Stall."

Finally, The Judicial Confirmation Network issued a press release entitled "Overwhelming Majority Favor Senate Vote on Judges; Eighty-two Percent of Voters Say Qualified Judges Should Get Up or Down Vote in Senate." Seemingly in conflict with the results of this poll, at today's MoveOn rally (C-SPAN RealVideo here), one of the Democratic Senators who spoke claimed that the public overwhelmingly supported retaining the filibuster as an option against judicial nominees who fail to muster 60 votes for cloture.
Posted at 10:40 PM by Howard Bashman




Fifth Circuit ERISA ruling evokes stern dissent from that court's Chief Judge: Today a divided three-judge panel of the U.S. Court of Appeals for the Fifth Circuit affirmed the dismissal of ERISA breach of fiduciary duty claims against American Airlines and Towers Perrin. Circuit Judge Jerry E. Smith wrote the majority opinion.

Chief Judge Carolyn Dineen King issued a dissenting opinion that begins:

I respectfully dissent from the majority's unprecedented holding that participants in an individual account plan lack standing under § 502(a)(2) of ERISA to recover losses to the plan under § 409 of ERISA for a fiduciary breach unless all plan participants would benefit from the litigation. ERISA governs two types of pension plans: (1) individual account plans such as the 401(k) plan at issue here and (2) defined benefit plans. See 29 U.S.C. 1002. At the end of 2003, over $ 2.3 trillion in assets were held in individual account plans, representing well over half of all pension plan assets in the United States. The majority's holding means that those participants in individual account plans who are unfortunate enough to be forced to litigate in the Fifth Circuit will be unable to recover monetary losses to the plans caused by fiduciary breaches when fewer than all plan participants would benefit from the litigation, thereby limiting recovery to the equitable relief available under § 502(a)(3) of ERISA. To deprive plan participants in such circumstances of a § 409 remedy for breach of fiduciary duty effectively nullifies Congress's intent to provide a high level of protection to any and all plan participants from fiduciary abuse. The majority's holding finds no support in the two cases it cites and it squarely conflicts with the one other circuit court to have directly addressed this issue.
You can access the complete decision at this link.
Posted at 10:22 PM by Howard Bashman



Available online from law.com: Jeff Chorney reports that "Even Talking About 9th Circuit Split Proves Divisive; Morning meeting called 'surprisingly sneaky and uncollegial move.'"

In other news, "Supreme Court Asked to Bury Oklahoma Casket Law; Petitioners say licensing rule for in-state coffin sales maintains monopoly, is not about 'consumer protection.'"

In patent-related news, "Federal Circuit: EBay Violated Company's IP" and "BlackBerry Patent Suit Settled for $450M."

In news from California, "Former Prosecutor Put on Defensive Over Jury Allegations; Judge allows disclosure of certain personnel files; AG to question Quatman's credibility."

And in news from Atlanta, "Lawyers Describe Pandemonium at Scene of Atlanta Courthouse Shooting; Law firm partner says of gunman: 'I had this feeling he was going to kill all of us.'"
Posted at 10:14 PM by Howard Bashman




"NOW vs. Scheidler III: Scheidler Attorneys Pursue a Third Appeal to the U.S. Supreme Court; Seek Summary Reversal on Writ of Certiorari or Writ of Mandamus vs. 7th Circuit." The Thomas More Society issued this press release today. You can access the Petition for Writ of Certiorari filed today in the Supreme Court of the United States at this link (235-page PDF file).

My earlier coverage of the Seventh Circuit's most recent decision in this case can be accessed here.
Posted at 09:12 PM by Howard Bashman




Fourth Circuit "re-speaks" on plain error in Booker cases: The U.S. Court of Appeals for the Fourth Circuit, on panel rehearing, issued this opinion late today.
Posted at 05:34 PM by Howard Bashman



"Seminal Case: How donated sperm spawned a child -- as well as a likely landmark legal decision." This article appears in the current issue of HoustonPress.
Posted at 03:50 PM by Howard Bashman



eBay partially loses Federal Circuit appeal over "Buy It Now" feature: There's a good reason why I don't report too often on patent decisions from the U.S. Court of Appeals for the Federal Circuit other than the boredom factor, and that's because the decisions that aren't boring tend to be a wee bit complex. "Patently-O: Patent Law Blog" offers this report on today's eBay ruling.
Posted at 03:15 PM by Howard Bashman



U.S. Court of Appeals for the Fourth Circuit overturns the dismissal of five cell phone product liability class actions and orders four of those class actions returned to state court: At issue in the class action lawsuits are claims that wireless telephones emit an unsafe level of radio frequency radiation and that cell phone manufacturers have hidden this fact from consumers. You can access today's ruling, by a divided three-judge panel, at this link.
Posted at 03:00 PM by Howard Bashman



On April 8th through 10th, 2005, Yale Law School is hosting the American Constitution Society's conference on "The Constitution in 2020": You can learn all about the conference at this link, and a blog devoted to the conference can be accessed here.

Although it's not exactly Yale nor is it the ACS, in today's mail I received a very kind invitation to serve as keynote speaker at the Harvard Law School Federalist Society annual banquet in late April.
Posted at 02:45 PM by Howard Bashman




"MoveOn Rally on Judicial Nomination Process": Thanks to C-SPAN, you can access online, on-demand the video of this afternoon's rally by clicking here (RealPlayer required). I think I counted a total of six Democratic U.S. Senators who spoke at the event, together with Nan Aron and Ralph G. Neas.

Update: Someone who was able to pay closer attention to the event than I was advises that a total of eight Democratic U.S. Senators spoke, and so did Wade Henderson.
Posted at 02:35 PM by Howard Bashman




The Associated Press is reporting: Now available online are reports headlined "Judge Upholds Death Sentence for Peterson" and "Court Won't Intervene to Save Schiavo."
Posted at 01:10 PM by Howard Bashman



"I like to watch": Those willing to forgo Chance the Gardener's preference can now access online a transcription of Justice Antonin Scalia's speech delivered earlier this week, the video of which is available here (RealPlayer required) via C-SPAN. (Thanks to "Power Line" for the pointer to the transcription.)

The transcript confirms that Justice Scalia not only invoked the wrong name for BMW v. Gore (and amusingly so, as I earlier noted here), but he also mangled the name of Romer v. Evans, as a veteran U.S. Supreme Court correspondent yesterday drew to my attention.
Posted at 12:34 PM by Howard Bashman




"Member of Civil Rights Panel Quits, Says It Should Be Closed; Conservative Cites Partisan Agendas": This article appears today in The Washington Post.
Posted at 12:15 PM by Howard Bashman



Who says C-SPAN3 is desperate for programming? Today at noon, C-SPAN3 plans to televise the following:
Sen. Robert Byrd (D-WV) gives a rare speech off the Senate floor. His topic is a critique of Pres. Bush's judicial nomination strategy and his audience is participants at a rally sponsored by the advocacy group MoveOn. Accompanying Sen. Byrd are some of his Democratic Senate colleagues, Sens. Kennedy, Durbin & Schumer.
You can view the broadcast live online via C-SPAN's web site.
Posted at 11:55 AM by Howard Bashman



The Eighth Circuit's bandwidth generosity apparently knows few limits: By clicking on the first link listed on the right-hand column of the home page of the U.S. Court of Appeals for the Eighth Circuit, you can launch the download of a 66.5 MB RealMedia file to "View Richard S. Arnold Memorial - January 10, 2005." I've so far downloaded 40 percent of the file and supposedly have just 21 minutes to go before the remaining 60 percent downloads.

Judge Richard S. Arnold was the November 2003 interviewee in this blog's "20 questions for the appellate judge" feature.

Update: The entire 66.5 MB RealMedia file took 35 minutes and 20 seconds to download over my usually blazing fast internet connection.
Posted at 11:50 AM by Howard Bashman




"Judge gives roosters something to crow about": This article appeared yesterday in The Tennessean. That newspaper's earlier coverage of the dispute can be accessed here.
Posted at 10:42 AM by Howard Bashman



Pennsylvania appellate court rules that posing for driver's license photo is not the time to grab a little shut-eye: The Harrisburg Patriot-News yesterday published an article headlined "Case opens eyes of driver seeking shut-eye photo; Court finds case on driver photo an eye-opener" reporting on this decision that the Commonwealth Court of Pennsylvania issued on Monday. No word yet on whether anyone is litigating against the directive precluding smiles in U.S. Passport photos.
Posted at 10:30 AM by Howard Bashman



"Bell tolls today on fate of Peterson; Judge will decide if killer should pay with his life for slaying wife, unborn son": This article appears today in The Modesto Bee, which also contains an essay by columnist Jeff Jardine entitled "Judge expected to uphold jury's death sentence."

The San Mateo County Times reports that "Peterson to be sentenced today."

The San Jose Mercury News reports today that "Judge expected to sentence Scott Peterson to die" and reported yesterday that "Motion for Peterson retrial focuses on burglary."

Finally, The San Francisco Chronicle yesterday reported that "Motion for new trial and rebuttal released; Judge's ruling, sentencing both set for Wednesday."
Posted at 10:15 AM by Howard Bashman




BlackBerry users receive cause to rejoice: Reuters reports that "RIM to settle NTP suit for $450 mln, stock soars." My coverage of the Federal Circuit's December 2004 ruling in this dispute can be accessed here. Not surprisingly, my own BlackBerry is quite pleased by today's news that this dispute has settled.

Research in Motion, the manufacturer of BlackBerry wireless devices, has today issued a press release titled "Research In Motion And NTP Agree To Resolve Litigation."
Posted at 10:05 AM by Howard Bashman




"Bill defeated to outlaw X-rated videos on vehicle video screens; Parents complained their kids saw them, assemblyman says": This article appears today in The San Francisco Chronicle.
Posted at 09:55 AM by Howard Bashman



If you're going to issue a superfluous order in Guantanamo detainee-related litigation, you might as well do so at 5:35 in the morning: At 5:35 a.m. today, District Judge Henry H. Kennedy, Jr. of the U.S. District Court for the District of Columbia issued this order.

The order states, in pertinent part:

Upon petitioners' ex parte application, Judge Rosemary Collyer issued a temporary restraining order ("TRO") on March 12, 2005 at 4:20 p.m., as amended. Consistent with the terms of Fed. R. Civ. P. 65(b), the TRO states that it shall remain in effect "until this matter can be determined at a hearing for a preliminary injunction or for ten days, whichever is less." Currently, petitioners' motion for a preliminary injunction [#115] is scheduled to be heard before this court on March 24, 2005, two days after the expiration of the TRO.

Fed. R. Civ. P. 65(b) indicates that a TRO may only be extended "for good cause shown" or if "the party against whom the order is directed consents that it may be extended for a longer period." Accordingly, it is this [16th] day of March, 2005, hereby

ORDERED, that within 24 hours of the issuance of this order, respondents shall indicate whether they consent to the extension of the TRO through the end of the day on March 24, 2005, the date of the currently-scheduled preliminary injunction hearing.

The reason I am suggesting that this order is superfluous is that Federal Rule of Civil Procedure 6(a), governing computation of time under those rules, excludes from computation intervening Saturdays and Sundays when the period of time specified is less than eleven days. Thus, by its own terms, the TRO would remain in effect through March 25, 2005, unless the merits of the matter are ruled on before that date.

I have previously uploaded the TRO and the opinion in support thereof, and you can access them via this link.
Posted at 09:30 AM by Howard Bashman




"Courting trouble": Ed Feulner has this op-ed today in The Washington Times.
Posted at 07:10 AM by Howard Bashman



In today's edition of The Houston Chronicle: An article reports that "Alleged obscene gesture delays smuggling trial; Death penalty protesters claim juror has already made up his mind."

And in other news, "Court: State can withhold aid for abortion clinics; The ruling allows the creation of 'affiliates' that provide other health services."
Posted at 07:02 AM by Howard Bashman




"Court gives digital flag critics more time; Opponents say FCC rule would harm consumers": Reuters provides this report.
Posted at 06:58 AM by Howard Bashman



"After attacks, judges state case for smarter protection": The Chicago Tribune contains this article today.

The Chicago Sun-Times reports today that "Lefkow killer used GPS to find her home."

Joan Biskupic of USA Today reports that "Judges push for off-site protection."

The Knoxville News Sentinel reports that "Security reviewed for Knox courts; Incidents in Atlanta, Chicago cause concern."

The Berkshire Eagle reports that "Judges confident of court security."

And The Casper Star-Tribune reports that "Shootings revive courthouse security concerns."
Posted at 06:55 AM by Howard Bashman




"Senate Democrats Erect Shield to Obstruct 'Nuclear Option'; If Republicans change rules to guarantee approval of Bush's controversial judicial nominees, the party will block chamber business": This article appears today in The Los Angeles Times.

The Boston Globe reports that "Senate Democrats threaten roadblocks; Decry GOP move to ban filibuster on judicial picks."

Newsday reports that "Senate Dems assail judge nominations."

The New York Sun reports that "Democrats Lob Counterthreat in Face of 'Nuclear Option.'"

The Washington Times contains an article headlined "Democrats threaten shutdown" and an op-ed by Harlan Ullman entitled "The 'nuclear option' fallout."

And in The Cavalier Daily, columnist Eric Wang has an essay entitled "Courting Consensus."
Posted at 06:50 AM by Howard Bashman



Tuesday, March 15, 2005


"Fear mustn't infringe upon our open courts": Tony Mauro will have this op-ed Wednesday in USA Today.
Posted at 11:33 PM by Howard Bashman



Available online from law.com: Tony Mauro reports that "Federal Judges Call for Full Review of Security Measures; Chief Justice William Rehnquist presides over closed-door meeting at the U.S. Supreme Court."

And in other news, "3rd Circuit Dismisses Fen-Phen Attorney Fees Appeal" and "Playing Out the String of Fen-Phen's Yo-Yo Settlement."
Posted at 11:30 PM by Howard Bashman




"Ten Commandments display's arrival renews debate in state": In news from Michigan, The Daily Oakland Press contains this article today.

Meanwhile, in Alabama, The Huntsville Times reports today that "Big crowd likely for Moore's talk here on Saturday."
Posted at 11:22 PM by Howard Bashman




"Case Stirs Fight on Jews, Juries and Execution": This article will appear Wednesday in The New York Times.
Posted at 11:20 PM by Howard Bashman



Happy birthday wishes to Justice Ruth Bader Ginsburg: Irrational gender stereotyping suggests that it wouldn't be appropriate for me to disclose her age, but The Associated Press didn't exhibit any qualms about doing so here.
Posted at 11:14 PM by Howard Bashman



California Chief Justice Ronald M. George delivers "State of the Judiciary" address: You can access at this link the text of the remarks that he delivered today to a a Joint Session of the California Legislature. In news coverage, The Associated Press reports that "Lack of court security breeds fear, justice warns."
Posted at 10:50 PM by Howard Bashman



"Dillard's asks Mississippi court to take black judge off racial-profiling case": The Associated Press provides this report.
Posted at 10:45 PM by Howard Bashman



"Senate Work May Come to Halt If GOP Bars Judicial Filibusters": This article will appear Wednesday in The Washington Post.

And Wednesday's edition of The New York Times will report that "Blame Is Laid as Senate Sees Rift on Judges."
Posted at 10:40 PM by Howard Bashman




"Reid's letter to serve as his warning": Wednesday's edition of The Hill will contain an article that begins, "Senate Minority Leader Harry Reid (D-Nev.) warned Senate Majority Leader Bill Frist (R-Tenn.) yesterday that Democrats will stop working with Republicans on most legislation if Republicans invoke the so-called 'nuclear option' on judges."
Posted at 10:24 PM by Howard Bashman



"Nurse says Williams 'restless, pacing' at hospital": The Houston Chronicle provides this update on the human smuggling death penalty trial underway in that city.
Posted at 10:18 PM by Howard Bashman



Courthouse violence continues, this time in California: The Los Angeles Times today contains an article headlined "Man Slashes His Lawyer in Court; A defendant standing trial in two killings smuggled a razor blade into the San Fernando courtroom in his mouth, authorities say."
Posted at 10:15 PM by Howard Bashman



"Disney Wins Some Pooh Legal Costs; A judge says the heirs of Stephen Slesinger must pay at least $250,000; The company had sought reimbursement of more than $1 million": The Los Angeles Times today contains this article reporting on a tentative ruling that former Ninth Circuit nominee (and, I hope, still current "How Appealing" reader) Carolyn B. Kuhl issued yesterday.
Posted at 10:12 PM by Howard Bashman



"Federal judges seek better protection in wake of fatal attacks": This article will appear Wednesday in The Chicago Tribune.
Posted at 10:02 PM by Howard Bashman



"Blog stars": The Fort Worth Star-Telegram reports today that "Blog stars shine at SXSW Interactive." Blog stardom in general is severely overrated, although it is pleasing to be referred to as the equivalent of a rock star on a behind-the-scenes tour of the U.S. Supreme Court.
Posted at 09:14 PM by Howard Bashman



Law Professor Lawrence Lessig is emboldened to rebel against law review publication practices now that Creative Commons licenses have been featured in The Washington Post: The Washington Post today contains an article headlined "Creative Commons Is Rewriting Rules of Copyright."

Coincidentally, on the Ides of March, 2005, Professor Lessig has a post at his blog explaining that he "will not agree to publish in any academic journal that does not permit [him] the freedoms of at least a Creative Commons Attribution-Noncommercial license."
Posted at 09:05 PM by Howard Bashman




"Kansas Abortion Clinics Fight Data Request; Criminal Inquiries Trump Issues of Privacy, State Says": This article appears today in The Washington Post.
Posted at 07:05 PM by Howard Bashman



"Dems to Block Senate Business if GOP Imposes New Rule on Bush Nominations": The Los Angeles Times provides this news update.
Posted at 07:02 PM by Howard Bashman



"Protecting Adam and Steve: The neglected significance of California's same-sex marriage ruling." Julian Sanchez has this essay online today at Reason.
Posted at 07:00 PM by Howard Bashman



"God Again: The Supreme Court, the Ten Commandments, and pluralism." Leon Wieseltier has this essay online today at The New Republic.
Posted at 06:55 PM by Howard Bashman



"Reid threatens partial Senate shutdown; Parties hurtle toward April clash over Democratic filibusters of Bush judicial nominees": Tom Curry, national affairs writer for MSNBC, provides this report.
Posted at 06:54 PM by Howard Bashman



"Federal Judges Call for Full Review of Security Measures; Chief Justice William Rehnquist presides over closed-door meeting at the U.S. Supreme Court": law.com's Tony Mauro provides this news update.
Posted at 05:45 PM by Howard Bashman



"Gay marriage ruling galvanizes both sides; Decision by a California court allowing gay unions reflects a judiciary moving in one direction and legislatures in another": Wednesday's edition of The Christian Science Monitor will contain this article.
Posted at 05:42 PM by Howard Bashman



"Senate near meltdown over judges; A vote on nominee William Myers may be a rehearsal for a next Supreme Court justice": This article will appear Wednesday in The Christian Science Monitor.

Bloomberg News reports that "Democrat Reid Threatens to Block Senate Action."

Senate Democratic Leader Harry Reid (D-NC) today sent a letter on this subject to Senate Majority Leader Bill Frist, M.D. (R-TN). Senator Reid today also delivered a speech entitled "Preserving Checks and Balances" on the steps of the U.S. Capitol. You can read a transcript of the speech here and view recorded video of the speech here (RealPlayer required).

Senator Frist's brief statement on judicial confirmations, issued today, can be accessed here.
Posted at 05:30 PM by Howard Bashman




First Circuit panel to reconsider eligibility of Puerto Rico residents to vote for President and Vice-President of the United States: A reader emails:
Igartua v. United States is a case in which the U.S. District Court for Puerto Rico granted Puerto Rico electoral votes in U.S. presidential elections. The First Circuit, having overturned the granting of this relief in 2000 (Case No. 00-2083, available here), rejected it again in 2004 (case No. 04-2186; available here), over a dissent by Judge Torruella, who is from Puerto Rico and was formerly a District Judge there.

A motion for rehearing and rehearing en banc was filed, which was pending without decision for an unusually long time. Yesterday, quite unexpectedly, the panel granted rehearing in the following order (from PACER):

"ORDER entered by Judge Juan R. Torruella, Senior Judge Levin H. Campbell, and Judge Jeffrey R. Howard. The petition for panel rehearing is granted respecting the issues described below. The rehearing will be scheduled for Wednesday, May 4, 2005, at 3:00 p.m. in the John Joseph Moakley Federal Courthouse. The government and petitioners shall file briefs, not to exceed 20 pages, no later than 30 days from the issuance of this order, addressing the following issues: 1. the international legal obligations of the United States with respect to the eligibility of Puerto Rico residents to vote for President and Vice-President of the United States pursuant to international agreements, including (1) the Universal Declaration of Human Rights, G.A. Res. 217 A (III), U.N. Doc. A/810 (1948); (2) the Inter-American Democratic Charter of the Organization of American States, 28th Spec. Sess., OAS Doc. OEA/Ser.P/AG/RES.1 (XXVIII-E/01) (OAS General Assembly) (Sept. 11, 2001); and (3) the International Covenant on Civil and Political Rights, opened for signature Dec. 16, 1966, 999 U.N.T.S. 171; 2. the availability of declaratory judgment concerning the government's compliance with said obligations, see 28 U.S.C. 2201. Subject to the provisions of Fed. R. App. P. 29, the court would also invite the submission of amicus curiae briefs not to exceed 20 pages addressing the above matters."

I thank my reader for sending along news of this quite interesting and potentially very important development.
Posted at 05:00 PM by Howard Bashman



The wire services are reporting: The Associated Press reports that "Democrats Warn on GOP Judge Rule Change."

Meanwhile, Reuters reports that "U.S. Judges Urge More Security After Court Killings" and "Wyeth to Streamline Some Fen-Phen Claim Payments."
Posted at 04:35 PM by Howard Bashman




"Chief Justice 'in good form'": Over at "SCOTUSblog," Lyle Denniston provides this report.
Posted at 04:20 PM by Howard Bashman



"Public Rights, Private Rites: Reliving Richmond Newspapers For My Father." Law Professor Laurence H. Tribe's article published in the Spring 2003 issue of The Green Bag spawned this essay by Ramesh Ponnuru in the March 14, 2005 edition of National Review. Ponnuru's essay, in turn, triggered yesterday's letter from Professor Tribe to the National Review's editor.

With the assistance of the good folks at "SCOTUSblog," I have posted online Professor Tribe's Green Bag article. Part one is here and part two is here; be forewarned, these are especially large PDF files.
Posted at 04:00 PM by Howard Bashman




A golf-loving appellate judge writes an opinion about video golf: Today, Circuit Judge Terence T. Evans issued an opinion on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit that begins:
As anyone who plays it knows, golf can be a very addicting game. And when real golfers want to tee-it-up, they head for their favorite course, which might be a gem like Brown Deer in Milwaukee, a public course that nevertheless plays host to an annual PGA Tour event every July. What most golfers do not do when they want to play 18 is head for a tavern. Also, most people are quite familiar with Tiger Woods. But who knows Jeff Harlow of Florissant, Missouri? This case is about "golfers" who prefer taverns to fairways and aspire to be more like Harlow than Tiger. Our case concerns video golf.
The appeal decided today involves copyright and trade dress claims that one manufacturer of a popular video golf game filed against another manufacturer of a video golf game.

Judge Evans's love of golf (and of sports generally) can also be glimpsed in this golf-related decision that he issued in March 2000.
Posted at 03:30 PM by Howard Bashman




Third Circuit holds that Title II of the Americans with Disabilities Act is not a valid exercise of Congress's authority to abrogate a State's sovereign immunity under Section 5 of the Fourteenth Amendment with regard to disabled prison inmates: You can access today's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Third Circuit at this link.
Posted at 03:11 PM by Howard Bashman



"The Chief Justice: Respect his privacy." In the current issue of The National Law Journal, Law Professor Thomas E. Baker has an essay that begins, "Newspaper reporters and editors ought to stop hectoring Chief Justice William H. Rehnquist for not satisfying their exaggerated demands for every last detail about his cancer treatment."
Posted at 02:30 PM by Howard Bashman



The Associated Press is reporting: Now available online are reports headlined "Judges Call for Better Safety Measures" and "Shooting Suspect Faces 4 Murder Charges."
Posted at 01:55 PM by Howard Bashman



"Conference Calls Off-Site Security for Judges Top Priority": The Administrative Office of the U.S. Courts has just issued this news release.
Posted at 12:52 PM by Howard Bashman



"Perry appoints appellate judge to Texas' highest court": The Associated Press provides this report.
Posted at 12:11 PM by Howard Bashman



"Nichols appears for refiling of rape charge; Prosecutors will pursue murder charges later": The Atlanta Journal-Constitution provides this news update.
Posted at 11:20 AM by Howard Bashman



"Lawyers ask justices to toss sentencing rules; But prosecutors argue the system is constitutional and can be adjusted": This article appears today in The Newark Star-Ledger.
Posted at 11:18 AM by Howard Bashman



"Homeless man who sued library and won now targeting NJ Transit": The Associated Press reports here that "A homeless man who sued and received $230,000 after being ejected from a library in Morris County is now suing NJ Transit for kicking him and other homeless people out of train stations."

At NorthJersey.com, John Cichowski has an essay entitled "Some riders wear suits, some file them."

In somewhat related coverage, two Saturdays ago The Los Angeles Times reported that "Ordinance Bans Body Odor in Libraries."
Posted at 11:15 AM by Howard Bashman




"Filings Climbed in Federal Courts in Fiscal Year 2004": The Administrative Office of the U.S. Courts issued this news release today. Among other things, the news release notes that "FY 2004 was the tenth year in a row of growth in cases filed in the U.S. Courts of Appeals, and the ninth consecutive year those filings broke records."
Posted at 10:40 AM by Howard Bashman



In challenge to "broadcast flag" regulations, D.C. Circuit directs petitioners to establish their standing to challenge the FCC rule in question: Today's ruling by a divided three-judge panel of the U.S. Court of Appeals for the D.C. Circuit can be accessed at this link.
Posted at 10:02 AM by Howard Bashman



"Congress and the Courts: Judicial Independence and Congressional Checks." In just about five minutes from now, this event, co-hosted by The Federalist Society and The Heritage Foundation, is scheduled to get underway. You can view the event live online by clicking here (RealPlayer required).

The event is slated to feature two panels. The first panel will discuss "Filibuster Reform or Forcing a 'Real' Filibuster." And the second panel will discuss "Impeachment, Budget Cuts and Jurisdiction Altering Options." Senator John Cornyn (R-TX) is scheduled to deliver the keynote address.
Posted at 09:55 AM by Howard Bashman




"Harvard-Google Project Faces Copyright Woes": This article appears today in The Harvard Crimson.
Posted at 09:42 AM by Howard Bashman



Condit suit is Dunne: The Modesto Bee reports today that "Condit, author settle lawsuit; Ex-congressman avoids deposition, gets apology."
Posted at 09:40 AM by Howard Bashman



In today's edition of The Atlanta Journal-Constitution: The newspaper contains articles headlined:And The New York Times today reports that "Work Resumes at Atlanta Court Amid Grief and Fears."
Posted at 08:25 AM by Howard Bashman



"Prison-siege jury selection is under way": The Arizona Republic contains this article today.
Posted at 08:22 AM by Howard Bashman



"Deputy: Williams 'nervous' during call; He says driver told him he found people in the back of his truck." This article appears today in The Houston Chronicle.
Posted at 08:20 AM by Howard Bashman



"Verdict Upheld Vs. Ex-Chilean Lieutenant": The Associated Press provides this report. My earlier post about yesterday's ruling of the U.S. Court of Appeals for the Eleventh Circuit can be accessed here.
Posted at 08:18 AM by Howard Bashman



"GOP sees momentum in ending judicial filibusters": This article appears today in The Boston Globe.
Posted at 07:20 AM by Howard Bashman



"Pro-Business Agenda May Hit Hurdles; Republicans Battle the Clock as Well as Democrats in Pushing Legislative Priorities": The Wall Street Journal contains this article today.
Posted at 07:18 AM by Howard Bashman



"Calif. Judge Backs Same-Sex Marriage; Ban Ruled Unconstitutional; Appeal Likely": This article appears today in The Washington Post.

The Los Angeles Times reports today that "Judge Rules State Can't Bar Gay Marriage; The decision, in which the laws specifying 'a man and a woman' are called unconstitutional, will not take effect pending an appeal" and "In S.F., a Celebration for a 'Step Forward.'" The newspaper also contains an editorial entitled "The Equality Issue."

The San Francisco Chronicle today contains articles headlined:

In The Oakland Tribune, Josh Richman has an article headlined "Judge: Ban on gay vows is illegal; California has 'no rational purpose' for limiting marriage to opposite-sex couples, ruling says; appeal promised."

The San Jose Mercury News contains an article headlined "Landmark ruling on gay marriage; Judge finds state prohibition unconstitutional."

The Contra Costa Times reports that "Gay couples get one step nearer altar."

The Sacramento Bee reports that "Gay marriage bans rejected; S.F. judge rules that the state's legal limits are unconstitutional."

The Los Angeles Daily News reports that "Gay-marriage ban reversed; Both sides gear up for appellate fight."

USA Today reports that "Calif.'s gay-marriage ban tossed out; Judge: 'No rational purpose' for limits."

The Washington Times reports that "California judge rejects same-sex 'marriage' ban."

And in The New York Sun, Josh Gerstein reports that "Coast Court OKs Gay Marriages."
Posted at 07:14 AM by Howard Bashman




"Judge's Foe Sent Notes to Officials; The man believed to have killed a jurist's mother and husband had sent puzzling letters to state and federal authorities in Illinois": The Los Angeles Times contains this article today.

The Chicago Tribune reports today that "Search is fruitless for killer's family; Judicial security hearings sought." And columnist Eric Zorn has an op-ed entitled "A conspiracy of hate is worse than a madman."

The Chicago Sun-Times reports that "Reputed skinhead accused of beating friend who cooperated in Lefkow probe." And columnist Mary Mitchell has an essay entitled "TV judges make mockery of our legal system."

The Gannett News Service reports that "Court-safety concerns mount; Senate Judiciary chairman seeks help from U.S. Marshals Service."

The Forum of Fargo, North Dakota reports that "Threats part of the job."

The Pantagraph of Bloomington, Illinois contains an editorial entitled "Death not part of the job."
Posted at 06:45 AM by Howard Bashman



Monday, March 14, 2005


"Body of man tied to judge's family killings remains unclaimed": This article will appear Tuesday in The Chicago Tribune.
Posted at 11:45 PM by Howard Bashman



"Scalia Showing His Softer Side; Justice Moves Into Public Eye With Possible Sights Set on Chief Job": Tuesday's edition of The Washington Post will contain this article.
Posted at 11:12 PM by Howard Bashman



"Judge in California Voids Ban on Same-Sex Marriage": This article will appear Tuesday in The New York Times.
Posted at 10:33 PM by Howard Bashman



Available online from law.com: An article reports that "Opponents of Gay Marriage Vow to Appeal Calif. Ruling."

Tony Mauro reports that "Blackmun Papers Show Late Justice to Be Fan of 'A Prairie Home Companion.'"

An article is headlined "Still Working to Free Jonathan Pollard."

Jeff Chorney reports that "9th Circuit Knocks Judge for 'Incomprehensible' Ruling."

In other news, "2nd Circuit Denies Ineffective Assistance Bid in 'Bizarre' Case."

And an article reports that "Ga. Legal Community Deals With Courthouse Shootings' Aftermath; Friday's slayings bring grief, mistrials and security changes."
Posted at 10:25 PM by Howard Bashman




"Is Scalia campaigning for chief justice? Justice delivers denunciation of 'living Constitution' theory, with TV cameras broadcasting live." Tom Curry, national affairs writer for MSNBC, provides this report. Additional coverage of today's speech (RealPlayer required) is available here and here.
Posted at 10:15 PM by Howard Bashman



"Andean villagers seek American justice; Mercury contamination near Peru mine leads to legal showdown in Denver court": This article appears today in The San Francisco Chronicle.
Posted at 10:14 PM by Howard Bashman



"Business lobby pushing agenda before judicial showdown deadlocks Senate": The Knight Ridder Newspapers provide this report.
Posted at 10:02 PM by Howard Bashman



"Court security on agenda for Judicial Conference": CNN.com reports here that "Security at the nation's federal courthouses is expected to be on the top of the agenda Tuesday at the semiannual meeting of the body that oversees the federal judiciary."
Posted at 10:00 PM by Howard Bashman



"Confirmation conversion? Electing U.S. Supreme Court justices would be the wrong solution to a real problem." Michael McGough of The Pittsburgh Post-Gazette today has this essay in that newspaper.
Posted at 09:58 PM by Howard Bashman



Bush v. Gore on Justice Antonin Scalia's mind: At about twenty-one minutes and fifty seconds into today's speech (RealPlayer required), Justice Scalia discusses the U.S. Supreme Court's ruling in BMW v. Bush, explaining that it wasn't that Bush. Indeed, it wasn't Bush at all; rather it was Gore (but not that Gore)!
Posted at 09:14 PM by Howard Bashman



"Government: keep Padilla in military custody." At "SCOTUSblog," Lyle Denniston has this post reporting on the federal government's motion for a stay pending appeal.
Posted at 09:12 PM by Howard Bashman



"Scalia Slams Juvenile Death Penalty Ruling": Hope Yen of The AP provides this report.

Via C-SPAN, you can view the speech that Justice Antonin Scalia delivered today by clicking here (RealPlayer required).
Posted at 08:32 PM by Howard Bashman




"Judge in gay marriage case is a Catholic Republican appointee": David Kravets of The Associated Press provides this report.
Posted at 08:30 PM by Howard Bashman



On this evening's broadcast of NPR's "All Things Considered": The broadcast contained segments entitled "Court Rules Against Gay-Marriage Ban in California" and "Court Temporarily Halts Rendition of Guantanamo Detainees" (RealPlayer required).
Posted at 07:00 PM by Howard Bashman



"Moral Courage in Public Life": Tuesday's edition of The Christian Science Monitor will contain an editorial that begins, "A number of recent, and tragic, shootings may foster a perception that anyone who steps into the public realm in American society - be it president, judge, minister, teacher, local official, sports referee, or flight attendant - risks violence by those they serve."
Posted at 05:48 PM by Howard Bashman



"Judge Voids California's Gay Marriage Ban": The Los Angeles Times offers this news update.
Posted at 05:45 PM by Howard Bashman



"Death penalty for trucker would be a first under immigrant-smuggling law": This article appears today in The Houston Chronicle.
Posted at 05:33 PM by Howard Bashman



"Court Rules California Cannot Ban Gay Marriages": Reuters provides this report.
Posted at 05:30 PM by Howard Bashman



U.S. Court of Appeals for the Eleventh Circuit affirms $4 million verdict for family members of a Chilean economist slain by the Pinochet government shortly after the military junta took control of Chile in 1973: You can access today's ruling at this link. The case arose under Alien Tort Claims Act and Torture Victim Protection Act (the latter of which the opinion erroneously referrs to as the "Tort Victims Protection Act").

The law firm of Wilson Sonsini Goodrich & Rosati, which served as co-counsel for the plaintiffs, issued this summary about the litigation and explained elsewhere that "This case marked the first jury verdict in the United States for crimes against humanity and one of the only instances in history of Chilean human rights abusers being held accountable for widespread crimes committed during the Pinochet regime."

More information about the case can be accessed here via The Center for Justice and Accountability.
Posted at 05:15 PM by Howard Bashman




"Court invalidates California's ban on same-sex marriage": Bob Egelko of The San Francisco Chronicle provides this news update.
Posted at 04:12 PM by Howard Bashman



"Judge Strikes Down Calif. Gay Marriage Law": The Associated Press provides this report.

The judicial opinion issued today can be accessed online at this link.
Posted at 03:15 PM by Howard Bashman




BREAKING NEWS -- "A Superior Court judge has ruled that California's law limiting marriage to a union between a man and a woman is unconstitutional." So The Associated Press is reporting in this news alert.
Posted at 03:11 PM by Howard Bashman



U.S. Court of Appeals for the Fifth Circuit orders reconsideration of injunction prohibiting enforcement of Texas anti-abortion law restricting the distribution of federal family planning funds: The Fifth Circuit today posted online this ruling, which bears Friday's date.
Posted at 03:00 PM by Howard Bashman



Pause in TiVo case renders request for appellate review premature, U.S. Court of Appeals for the Federal Circuit rules today: Fortunately, by hitting the "Play" button the parties can un-pause the case and learn exactly how it ends. "Patently-O: Patent Law Blog" offers this summary of today's ruling in Pause Technology LLC v. TiVo, Inc.
Posted at 02:15 PM by Howard Bashman



A primer on proving causation in a retaliation case: Circuit Judge Richard A. Posner, on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit, issued this opinion today.
Posted at 02:05 PM by Howard Bashman



"Government Witness to Urge Ouster of Tobacco Execs": Reuters provides this report.
Posted at 02:02 PM by Howard Bashman



"Nichols back in Fulton sheriff's custody": The Atlanta Journal-Constitution provides this news update, along with a blog post titled "Mistrial declared in rape case against Nichols."
Posted at 12:50 PM by Howard Bashman



Law Professor Laurence H. Tribe has today transmitted his response to National Review magazine regarding Ramesh Ponnuru's essay "How to be a Hero of Liberty": You can access Professor Tribe's letter to the editor at this link. The essay to which Professor Tribe is responding can be accessed at this link.
Posted at 12:27 PM by Howard Bashman



"A Libel Case Raises a Tricky Question of Jurisdiction": The New York Times contains this article today. I previously collected at this link news coverage from Canada, where the case is pending.
Posted at 11:40 AM by Howard Bashman



"Filibusters and fair play": This editorial appears today in The San Francisco Chronicle.

The News & Observer of Raleigh, North Carolina today contains an editorial entitled "No 'blow-up': U.S. senators in the minority have long had an extra defense -- the filibuster; On balance, it's a worthwhile tradition."

And yesterday, The Sacramento Bee contained an editorial entitled "Filibuster has a role in judicial appointments."
Posted at 11:25 AM by Howard Bashman




"Calif appeals court to hear US-Canada beef trade case": Reuters provides this report.
Posted at 11:05 AM by Howard Bashman



Amendments to the Rules of the Supreme Court of the United States to take effect May 2, 2005: The Court issued this order today adopting, as of May 2, 2005, the rule amendments described here.
Posted at 10:52 AM by Howard Bashman



You can take this U.S. Supreme Court oral argument transcript without having to pay any just compensation: Now available online, free of charge, is the oral argument transcript in Kelo v. City of New London, Connecticut.

Although that eminent domain case was argued last month while I was away on vacation, on my return I collected press coverage of the oral argument at this link.
Posted at 10:35 AM by Howard Bashman




"Ga. Courthouse Reopens Amid Tight Security": The Associated Press provides this report.
Posted at 10:28 AM by Howard Bashman



"Wassenaar to question possible jurors; Inmate defends self in prison hostage trial": This article appears today in The Arizona Republic. The article explains that the inmate will be wearing leg irons and a stun belt, and that the jury will be removed from the room when the inmate needs to move around the courtroom "so that the jurors do not see him hobbling in leg irons."

Some may recall that in August 2002, the Supreme Court of California issued a ruling that considered the use of stun belts to restrain potentially hostile defendants in criminal prosecutions. My report on that ruling can be accessed here, and a post I wrote concerning a noteworthy amendment to that decision can be accessed here. The lone dissenter on California's highest court was D.C. Circuit nominee Janice Rogers Brown.
Posted at 10:10 AM by Howard Bashman




"Mental health should be factor in security plan": Dawn Turner Trice has this court security-related op-ed today in The Chicago Tribune.
Posted at 10:02 AM by Howard Bashman



"Juvenile Logic: Conservatives are right to fear the Supreme Court's integration of international opinion into its decisions; Liberals should, too." Law Professor Jeffrey Rosen has this essay in the March 21, 2005 issue of The New Republic.
Posted at 09:24 AM by Howard Bashman



"Wyden vows fight on bid to ban assisted suicide; Although personally opposed to physician-assisted suicide, Sen. Ron Wyden says such matters typically are left to states to decide for themselves": The Oregonian contains this article today.
Posted at 07:02 AM by Howard Bashman



"With marriage, gay couples face tax tangles": This article appears today in The Boston Globe.
Posted at 07:00 AM by Howard Bashman



"Pleas favored over trials; The number of federal trials in South Florida and the nation is down dramatically in recent years, raising questions about the need for new courthouses": The Miami Herald contains this article today.
Posted at 06:54 AM by Howard Bashman



"Specter and the Filibuster Rule: Not blinded by the right." This editorial appears today in The Philadelphia Inquirer.

The Austin American-Statesman contains an editorial entitled "Mutually assured destruction."

And today in The Dallas Morning News, William Murchison has an essay entitled "Get Bush judicial nominees on the bench - now."
Posted at 06:40 AM by Howard Bashman




The Seattle Post-Intelligencer is reporting: The newspaper today contains an article headlined "Election case poses many potential conflicts of interest for justices" that begins, "Almost all Washington Supreme Court justices have financial, political, social or other ties to the candidates or other participants in the legal challenge to the 2004 gubernatorial election, a Seattle Post-Intelligencer review has found."

And in other news, "Abortion issue stalls bill to regulate body piercing."
Posted at 06:32 AM by Howard Bashman




"Lefkow killer tracked in '99; Ross sent `odd letters' to attorney general": The Chicago Tribune contains this article today.

ABC News reports that "Recent Violence Spotlights Judges' Vulnerability; Safety Precautions Are Nothing New to Those on the Bench."

The New York Times today contains an editorial entitled "Protecting Judges."

And The Cincinnati Enquirer contains an editorial entitled "Time to reassess judicial safety."
Posted at 06:22 AM by Howard Bashman



Sunday, March 13, 2005


"Battle on Teaching Evolution Sharpens": This front page article will appear Monday in The Washington Post.
Posted at 11:40 PM by Howard Bashman



"If it pleases court, law by consensus": Johnathan Gurwitz has this op-ed today in The San Antonio Express-News.

And today in The Washington Times, Terence P. Jeffrey has an op-ed entitled "Justice cause for re-election?"
Posted at 11:32 PM by Howard Bashman




"The holy, the profane and the Texas Capitol": Paul Greenberg has this op-ed today in The Fort Worth Star-Telegram.
Posted at 11:24 PM by Howard Bashman



"Doctor's testimony ignites legal storm": The Mobile Register contains this article today.
Posted at 11:15 PM by Howard Bashman



"Outrage, Questions of Fairness Drive Starr to Death Row Case; Jury Wasn't Told All in Va. Slaying, Defense Says": This front page article will appear Monday in The Washington Post.
Posted at 11:08 PM by Howard Bashman



"Florida chief justice promotes neutrality": The South Florida Sun-Sentinel contains this article today.
Posted at 11:05 PM by Howard Bashman



In today's edition of The San Francisco Chronicle: An article is headlined "Using shame as punishment: Have sex, get infamous; Oakland will plaster names of johns on billboards."

And Dick Rogers has an essay entitled "It's not whether bloggers are journalists, it's which are."
Posted at 10:55 PM by Howard Bashman




"NAACP wants Judge Boyle nomination blocked": This article appears in The Wilmington (N.C.) Journal.
Posted at 10:35 PM by Howard Bashman



The least the magazine could do is spell the Senator's name correctly in the title: The March 21, 2005 issue of Time contains "10 Questions For Arlen Spector."
Posted at 10:32 PM by Howard Bashman



"Federal Judge Security Varies Case to Case": The Associated Press provides this report.
Posted at 10:28 PM by Howard Bashman



"Duluth hostage recounts her ordeal": Monday's edition of The Atlanta Journal-Constitution will contain this article.
Posted at 10:15 PM by Howard Bashman



"Battle over public records goes on": This article appears today in The Seattle Times.
Posted at 09:04 PM by Howard Bashman



NyQuil lands former judge in jail: The San Jose Mercury News reported yesterday that "Potent medicine breaks probation for former judge; Ban on alcohol puts ticket fixer in county jail."
Posted at 09:00 PM by Howard Bashman



In news from Vermont: The Times Argus of Barre, Vermont reported yesterday that "High court to review 'Dean Papers' case." And The Associated Press reports that "Court to Consider Battle Over Dean Papers."
Posted at 08:54 PM by Howard Bashman



"E-mail on affair with boy disputed; Court will rule if note to 'minister' is confidential": This article appears today in The Arizona Republic.
Posted at 08:45 PM by Howard Bashman



"In killings' wake, urgency to protect courts; From bullet-proof benches to 'shockbelts' for dangerous defendants, courts take precautions": Monday's edition of The Christian Science Monitor will contain this article.
Posted at 06:30 PM by Howard Bashman



"26-hour reign of terror after killings ends; Fugitive Nichols gives up peacefully in Gwinnett": This article appears today in The Atlanta Journal-Constitution, along with the following additional articles:The New York Times today reports that "Suspect in Court Killings Is Captured Near Atlanta" and "Police Start Piecing Together the Path of Accused Shooter."

And The Los Angeles Times reports that "Suspect in Court Killings Caught; Brian Gene Nichols gives up peacefully in an Atlanta suburb; He is accused of a fourth slaying after a Customs agent is found shot" and "Suspect's Childhood Neighbors Baffled by Slayings in Atlanta."
Posted at 04:25 PM by Howard Bashman




"The Memogate Papers: The Politics, Ethics, and Law of a Republican Surrender." Manuel A. Miranda has this law review article in the Fall 2004 issue of the Texas Review of Law & Politics.
Posted at 03:02 PM by Howard Bashman



"Shooting Death of Atlanta Judge Raises Questions of Safety": Friday's broadcast of the PBS program "The NewsHour with Jim Lehrer" included this segment (RealPlayer required).
Posted at 03:00 PM by Howard Bashman



"Other nations' laws": This editorial appears today in The Washington Times.
Posted at 11:58 AM by Howard Bashman



"Torture: Bush's Nominee May Be 'DOA.'" Michael Isikoff has this Periscope item in the March 21, 2005 issue of Newsweek. William J. Haynes II, a nominee to the U.S. Court of Appeals for the Fourth Circuit, is the subject of what Isikoff has written.
Posted at 11:55 AM by Howard Bashman



"Oregon is the laboratory in assisted-suicide debate": This article appears today in The Philadelphia Inquirer.
Posted at 08:42 AM by Howard Bashman



"Slaying of judge's mom ended a life of poetry, and of pain": The Denver Post contains this article today.

The Chicago Tribune today contains articles headlined "Crowd pays tribute to Lefkow's mother; Friends recall her poetry and her love" and "Lefkow case puts security in spotlight." Also today, columnist Mary Schmich has an essay entitled "Face of killer shows sad man, not a monster," while columnist Clarence Page has an op-ed entitled "It's Hale who owes us the apology."

The Chicago Sun-Times reports today that "Some judges remaining public, defiant."

The Daily Herald of suburban Chicago today contains an article headlined "What if Lefkow killer got treatment?"

And The Associated Press reports that "Chicago Killer Spent Last Days in Rage."
Posted at 08:33 AM by Howard Bashman




"GOP vs. judicial filibusters: There are major consequences to Republican 'nuclear option' against this talkative process." This article appears today in The Richmond Times-Dispatch (via "ScrappleFace").

The Philadelphia Inquirer reports today that "Frist keeps his options open; His slate's full now, but the Senate majority leader may run for president in '08."

And today in The Mobile Register, Steven L. Taylor has an essay entitled "Democrats' history on filibusters belies their current stance."
Posted at 07:50 AM by Howard Bashman




In news from Indiana: The Journal Gazette of Fort Wayne reports today that "Student dons shirt again to mark win." Yesterday, that newspaper published a report from The Associated Press headlined "FWCS loses free-speech T-shirt fight."

Also yesterday, The News-Sentinel of Fort Wayne reported that "Teen wins lawsuit about dress code; Judge found that the policy was 'overly broad' and should not have prohibited Marine Corps creed."
Posted at 07:44 AM by Howard Bashman




Tastes like: Via Heidi Bond's "Letters of Marque," I have found this chicken-centric article. According to the home page of the article's author, the article was awarded "Best Paper" and "Best Paper on Chickens" at the prestigious PoCSci '02 conference.
Posted at 12:30 AM by Howard Bashman


Saturday, March 12, 2005


"Repeal of sodomy ban echoes across U.S.; 2003 ruling on Texas statute frequently cited in sexual privacy cases": The Dallas Morning News contains this article today.
Posted at 11:58 PM by Howard Bashman



"Partisans Gear Up for High Court Fight Ahead; Activists Mobilize Over Bush's Vow to Nominate Conservative": This article will appear Sunday in The Washington Post.
Posted at 11:55 PM by Howard Bashman



Ten Commandments-related news from here and there: From Fargo, North Dakota, The Forum today contains an article headlined "Fargo awaits ruling" that begins, "The historical value of Fargo's Ten Commandments monument and the role religion plays in government were at the heart of a two-hour hearing Friday." And in other coverage, The Associated Press reports that "Judge hears arguments over Fargo's Ten Commandments marker."

From Michigan, The Grand Rapids Press reports that "Ten Commandments stone drops in."

And speaking of Roy's Rock, The Birmingham News today contains an article headlined "Moore doesn't owe legal fees" that begins, "Former Alabama Chief Justice Roy Moore is not personally responsible for the nearly $550,000 the state was ordered to pay in lawyers' fees in the battle over his Ten Commandments monument, the state Supreme Court ruled Friday."
Posted at 11:50 PM by Howard Bashman




In Sunday's edition of The New York Times: An article will report that "Judge Blocks the Transfer of 13 Detainees From Guantanamo." Update: With thanks to a reader, I have uploaded a copy of the temporary restraining order and opinion in support thereof that the U.S. District Court for the District of Columbia issued today.

And in news from Georgia, "Police Capture Atlanta Suspect in Court Killings" and "Police Start Piecing Together the Path of Accused Shooter."
Posted at 10:55 PM by Howard Bashman




In today's issue of The Washington Post: An editorial is entitled "End Mr. Padilla's Limbo."

And columnist E.J. Dionne Jr. has an op-ed entitled "The GOP's Lesson on Abortion."
Posted at 08:50 PM by Howard Bashman




"Smuggling Trial in Texas Focuses on Trucker's Role": This article will appear Sunday in The New York Times.
Posted at 08:20 PM by Howard Bashman



"'A Day of Reckoning': Aging race-riot survivors are pushing the nation to confront the wrongs of its past." Newsweek provides this report.
Posted at 07:33 PM by Howard Bashman



"A day of remembrance for Donna Grace Humphrey; Family and friends unite to say goodbye": The Rocky Mountain News provides a news update that begins, "Under warm blue skies in a pink-walled church, the sad two-week saga of the murders of Judge Joan Lefkow’s family members came to an end with a moving remembrance of her feisty mother."

And The Associated Press reports that "Ill. Judge Mourns Slain Mother at Funeral."
Posted at 07:18 PM by Howard Bashman




"Budgets Can Affect Safety Inside Many Courthouses": This article appears today in The New York Times. Earlier today, I collected many similar articles at this link.
Posted at 07:14 PM by Howard Bashman



"The Becker-Posner Blog" examines the subject of judicial term limits: You can access Seventh Circuit Judge Richard A. Posner's discussion here, and Professor Gary S. Becker's discussion here.

Some may recall that I asked Judge Posner if he was ready to opt for senior status when he participated in "20 questions for the appellate judge."
Posted at 05:00 PM by Howard Bashman




"Down-to-earth jurist enjoyed life; Judge's friendliness, humor touched many": The Atlanta Journal-Constitution contains this article today. The New York Times reports that "Victim Is Recalled as Old-Fashioned, Informal and Utterly Original." The Los Angeles Times reports that "Judge Praised by Grieving Friends." And Jonathan Ringel of The Fulton County Daily Report has an article headlined "Slain Judge Loved for His 'Unassuming' Demeanor."

Profiling the other two victims of yesterday's courthouse shooting, The Atlanta Journal-Constitution today contains articles headlined "Brandau blended her job, cooking skills" and "Lawman spent life protecting others."

Finally, The Baltimore Sun today contains an article headlined "Old friends of suspect recall fun-loving kid; Ednor Gardens: Brian Nichols graduated from Cardinal Gibbons High School."
Posted at 04:00 PM by Howard Bashman




"The Threat Always Lurks in Court": This article appears today in The Los Angeles Times.

The Washington Post reports that "D.C. Area Judges Reminded of Vulnerability; Despite Incidents of Threats, Many Comforted by Tighter Courtroom Security."

The Houston Chronicle reports that "Judges say killings in two other cities reaffirm fears; Angry parties in civil cases pose same risk of attack as the criminal defendants."

The Milwaukee Journal Sentinel reports that "Even after shootings, security can lag behind; Lack of funding is keeping improvements from being made in some area courthouses." The newspaper also contains an editorial entitled "Judges need protection."

The Arizona Republic reports that "Despite security, fear lingers in court; With many threats made, officials worry about similar event in Valley."

The San Diego Union-Tribune reports that "Security boosted at courts in county; Some judges here say they fear for safety."

The Baltimore Sun reports that "Courthouse renovations addressed safety issues; City installed security features after 1989 attack on Md. judge."

The Portland Press Herald reports that "Violent attacks on judges rattle Maine court officials."

The Nashua Telegraph reports that "Area law officials don't let threats stop justice."

The Journal News of Westchester, New York contains articles headlined "Slayings recall killing of Westchester jurist" and "Rockland judges worry about security" along with an editorial entitled "Targeting judges."

The Macon Telegraph reports that "Midstate judges fear for safety in wake of shooting."

The Daily Herald of suburban Chicago reports that "Judges' security under microscope."

The Pantagraph of Bloomington, Illinois reports that "Bomke drafting bill to let judges be armed."

The St. Louis Post-Dispatch reports that "Courthouse shooting reverberates here."

The Joplin Globe reports that "Cherokee County reviews courthouse security; More sheriff's staff could be an option."

The Green Bay Press-Gazette reports that "Judges face possible violence daily; Trained deputies, awareness best defense against shootings."

The Times of Munster, Indiana contains an article headlined "Judge Pera: 'I'm afraid it could happen here'; Pera warned in 2003 about the possibility of a courtroom shooting, such as the one Friday in Atlanta."

The Arkansas Democrat Gazette reports that "Officials evaluate security in courts."

From Iowa, The Quad-City Times reports that "Area judges say Q-C police more at risk than they are."

The Seattle Times reports that "More security considered at King County Courthouse."

And law.com reports that "Shootings Heighten Judges' Security Fears."
Posted at 02:15 PM by Howard Bashman




"Suspect in Fulton courthouse slayings captured; Nichols also suspect in federal agent killing Saturday": The Atlanta Journal-Constitution provides this news update, along with an update headlined "Witness tells of horror at Fulton courthouse."
Posted at 02:12 PM by Howard Bashman



BREAKING NEWS -- Atlanta courthouse shooting suspect has been taken into police custody: So CNN and WSB 750AM are reporting. Additional coverage is available from The Atlanta Journal-Constitution.
Posted at 11:34 AM by Howard Bashman



Atlanta courthouse shooting suspect may be cornered at apartment complex in Duluth, Gwinnett County, Georgia: According to WSB Radio 750AM, a hostage situation is underway at that location, provoking a huge police response. NBC affiliate WXIA-TV 11Alive provides additional details.
Posted at 11:24 AM by Howard Bashman



The Houston Chronicle is reporting: Today's newspaper contains articles headlined "Court dismisses ex-DA's libel suit against Chronicle; A former Tyler prosecutor failed to prove malice, the justices say" and "Photos testify to horror in trailer; Jurors see gruesome images of immigrants who perished."
Posted at 11:00 AM by Howard Bashman



"Apple Can Demand Names of Bloggers, Judge Says": The New York Times contains this article today.

The San Jose Mercury News reports today that "Online sources ordered revealed; Judge sidesteps one issue: are bloggers journalists?"

The San Francisco Chronicle contains an article headlined "Judge: Apple can pursue those who leaked info; Ruling does not address whether sites are protected."

The Chicago Tribune contains an article headlined "Are online reporters the real thing? Apple suit stirs debate whether bloggers have same rights as traditional journalists."

And Slashdot offers a discussion thread titled "Apple Wins Against Bloggers."

You can access yesterday's ruling at this link.
Posted at 10:50 AM by Howard Bashman




"Ross smoked, drank in Lefkow home": This article appears today in The Chicago Sun-Times.

The Chicago Tribune reports that "Killer's life scoured for missing evidence."

The Milwaukee Journal Sentinel reports that "With murders solved, questions linger over killer; Police think Chicago man was in area a week but don't know why."

The Los Angeles Times reports that "Killer in Chicago Slayings Had a Hit List, Police Say; Bart Ross was nursing a grudge against several jurists, lawyers and doctors before he shot two relatives of a judge and took his own life."

The State Journal-Register of Springfield, Illinois reports that "Ross once sought help at the governor's office; Ex-Edgar staffer recalls 'quiet guy.'"

And The Waukesha Freeman yesterday reported that "Former Pewaukee police officer stopped Ross; Chicago man identified as likely killer of judge's family."
Posted at 10:20 AM by Howard Bashman




"U.S. Customs Agent Found Dead in Atlanta": The Associated Press provides this breaking news, which may be related to the courthouse shootings yesterday in Atlanta.
Posted at 10:12 AM by Howard Bashman



"Barnes Collection Appeal": Today's edition of The New York Times contains this newsbrief (fifth item).
Posted at 10:01 AM by Howard Bashman


Friday, March 11, 2005


"Deportation Case Focuses on Definition of Torture": This article, about a case pending on petition for rehearing en banc before the U.S. Court of Appeals for the Third Circuit, appears today in The New York Times. The three-judge panel's ruling in the case can be accessed at this link.
Posted at 09:00 PM by Howard Bashman



On this evening's broadcast of NPR's "All Things Considered": The broadcast contained segments entitled "Man Kills Three in Atlanta Courthouse Shooting" and "Judge Discusses Atlanta Shooting Victims."

The broadcast also contained a segment entitled "Genital Mutiliation Can Be Grounds for Asylum Status, Court Rules" reporting on this decision that the U.S. Court of Appeals for the Ninth Circuit issued yesterday.
Posted at 08:50 PM by Howard Bashman




The Houston Chronicle is reporting: The newspaper provides news updates headlined "Texas high court dismisses Chronicle libel suit" and "Jurors hear more Victoria survivors, see photos; Trucker keeps head down during testimony from tearful witnesses."
Posted at 08:40 PM by Howard Bashman



"Bush Names Choice for Solicitor General": The Associated Press provides this report.
Posted at 06:05 PM by Howard Bashman



"Justices should duck recess crisis": Michael Kirkland, UPI legal affairs correspondent, has this essay today.
Posted at 06:04 PM by Howard Bashman



U.S. Court of Appeals for the Ninth Circuit grants rehearing en banc in federal sentencing guidelines case of United States v. Ameline: You can access today's order online at this link.

The three-judge panel's ruling, which has been vacated today, can be accessed at this link. And the federal government's petition for rehearing en banc can be accessed here. Additional papers filed in connection with the en banc petition can be accessed via this link.
Posted at 05:32 PM by Howard Bashman




President Bush nominates Paul D. Clement for the post of Solicitor General of the United States: Congratulations to Acting Solicitor General Clement on this good news.
Posted at 05:02 PM by Howard Bashman



"Court Crushes Online Journalists' Rights": Electronic Frontier Foundation has issued this news release in reaction to today's ruling of the Santa Clara County Superior Court in a case involving Apple Computer's challenge to a blogger's claim of confidentiality. (Thanks to "JurisPundit" for the pointer.)

The Associated Press reports that "Apple Wins Trade Secrets Legal Dispute."

c|net News.Com reports that "Apple wins round in lawsuit against fan sites."

Earlier, today's issue of The San Jose Mercury News contains an essay by Mike Langberg entitled "Apple should think differently about blogger suits."
Posted at 04:55 PM by Howard Bashman




"Democrats woo abortion opponents for Senate; Party denies 'positioning' as it selects Casey for Pennsylvania": Tom Curry, national affairs writer for MSNBC, provides this report.
Posted at 04:33 PM by Howard Bashman



"Copyright case may conclude with public burning; Tribe wants to destroy recordings once and for all": Native American Times provides this report today.

And The Union Democrat of Sonora, California reported on Wednesday that "Tribe settles suit against artist."
Posted at 04:15 PM by Howard Bashman




"Judge Rowland Barnes, '72L, Killed in Courthouse Shooting": The Emory University School of Law has issued this statement.
Posted at 04:05 PM by Howard Bashman



"Shootings Stir Fears for Judges' Safety": Reuters provides a report that begins, "The courtroom killing of an Atlanta judge by a rape suspect and the murder of a Chicago judge's family by a frustrated plaintiff sent a new wave of concern for safety through the U.S. judicial system on Friday."

And from Chicago, The Associated Press reports that "Police Search for Chicago Murder Weapon."
Posted at 03:45 PM by Howard Bashman




"U.S. Justice visits Lawrence; Second woman on court recalls fight for equality": The Lawrence Journal-World contains this article today. And The Associated Press reports that "Ginsburg Touches on Roe V. Wade in Kansas."
Posted at 03:40 PM by Howard Bashman



"Antiabortion Activist on Trial in D.C.; Protester Displayed A Fetus, Police Say": This article appears today in The Washington Post.
Posted at 03:32 PM by Howard Bashman



Discretionary function exception to the Federal Tort Claims Act does not preclude the federal government's liability for having operated a meat department colonized by toxic mold at a naval base commissary: The U.S. Court of Appeals for the Ninth Circuit issued this decision today.
Posted at 02:45 PM by Howard Bashman



The Associated Press is reporting: Now available are articles headlined "Rehnquist to Preside Over Judges Meeting" and "Judge Says Leno Can Joke About Jackson."
Posted at 02:33 PM by Howard Bashman



News updates available online from The Atlanta Journal-Constitution: You can now access online the following news updates:Additional news updates will be available via that newspaper's home page.
Posted at 02:20 PM by Howard Bashman



"Atlanta Bar Association Statement on the Tragic Death of Judge Rowland Barnes": The Atlanta Bar Association has issued a statement that can be accessed here.
Posted at 02:05 PM by Howard Bashman



"Confirming judges: The constitutional option." Law Professors Michael B. Rappaport and John O. McGinnis have this op-ed today in The San Diego Union-Tribune.
Posted at 01:00 PM by Howard Bashman



"Supreme Court Justice O'Connor gives history lesson": The Associated Press provides this report from Houston, Texas.
Posted at 12:55 PM by Howard Bashman



In memory of Fulton County, Georgia Superior Court Judge Rowland W. Barnes: A highly-regarded and well-known criminal defense lawyer based in Atlanta emails:
I'm sure many people are just now hearing about the killing of Judge Barnes and his court reporter in Atlanta this morning. I wanted to let you know that Judge Barnes was an absolute prince of a judge. He loved lawyers, he loved lawyering and he never wavered from accomplishing a just result. He always invited lawyers back into his chambers to have lunch with him, everybody spent the time laughing at his antics. In the cafeteria in the mornings, he never failed to pull up a chair with the lawyers congregating and join the gossip. He appeared in a bar fundraising play every year, sometimes in skits in which he was required to wear just his underwear. You couldn't spend time in a room with him for more than fifteen minutes without laughing. I was never involved in a case with him in twenty-five years in which I didn't walk away thinking, "That's the best goddamn trial/resolution I ever could have hoped for." And I can't help but to include his entire staff. His good humor was infectious with everybody in his office. The killing of his court reporter is beyond belief.
Other readers have sent similar emails in the aftermath of this morning's shocking news from Atlanta.
Posted at 12:30 PM by Howard Bashman



"Congress and the Courts: Judicial Independence and Congressional Checks." The Federalist Society and The Heritage Foundation will co-host this interesting program in Washington, DC next Tuesday, March 15, 2005. The program, scheduled to run from 10 a.m. to 2 p.m., will also be streamed live online via The Heritage Foundation's web site.
Posted at 12:21 PM by Howard Bashman



"Judge killed in courthouse shooting": CNN.com provides this report. I'm continuing to monitor live local television news coverage from Atlanta NBC affiliate WXIA-TV 11Alive.

Update: At 11:12 a.m., according to The AP, four people were shot at the courthouse, and three of those four have died. The three dead are a judge, court reporter, and courthouse deputy; another deputy was also shot and is at the hospital. The latest AP report is headlined "Three Shot to Death at Ga. Courthouse."
Posted at 11:02 AM by Howard Bashman




BREAKING NEWS -- "Judge, worker killed at Fulton courthouse": So reports the home page of The Atlanta Journal-Constitution.

The AJC's latest news update is headlined "Gunfire erupts at courthouse; Fulton judge Rowland Barnes, court reporter killed." According to the update, the murder weapon was a firearm taken away from a courthouse security officer.

Atlanta's WSB 750AM Radio is providing coverage live online. And NBC affiliate WXIA-TV 11Alive provides live video coverage.

Update: As of 10:33 a.m., police are attempting to locate the perpetrator, who has fled the scene in a series of vehicles that he has carjacked.
Posted at 10:08 AM by Howard Bashman




"Shooting reported at courthouse": The Atlanta Journal-Constitution provides this news alert, which states that one of the victims may be a judge.

And The Associated Press reports that "Several People Shot at Atlanta Courthouse."
Posted at 09:55 AM by Howard Bashman




Honestly, they read it for the articles: The Sacramento Bee today contains an article headlined "20 years after landmark suit, Playboy still exists in Braille."
Posted at 09:50 AM by Howard Bashman



"Calif. Must Pay Millions in Holocaust Case": David Kravets of The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued yesterday in a case on remand from the U.S. Supreme Court.
Posted at 09:45 AM by Howard Bashman



"DNA Evidence Links Suspect to Lefkow Murders": Today's broadcast of NPR's "Morning Edition" included this segment (RealPlayer required).

And The Associated Press reports that "Electrician Tied to Judge Family Killings."
Posted at 09:35 AM by Howard Bashman




A busy week at the appellate boutique: In addition to the pleasant news that two favorable appellate court rulings brought this week (details here and here), on Monday of this week I filed in the Supreme Court of Pennsylvania the Reply Brief for Appellant in a challenge to the constitutionality of Pennsylvania's grandparent visitation law, and on Wednesday I filed the Brief for Appellants in an interesting fraudulent transfer-civil contempt appeal pending in the Superior Court of Pennsylvania.

Today I have the pleasure of completing the March 2005 installment of my monthly appellate column, which will appear Monday in The Legal Intelligencer. This month's column will examine what more can be done to secure the safety of our Nation's judiciary and those with whom they reside.

Also today, I hope to wrap-up an essay about the recusal of appellate judges that I've been asked to write for the Summer 2005 issue of The Journal of Appellate Practice and Process.
Posted at 09:30 AM by Howard Bashman




"They're Back, and Still Unworthy": The New York Times today contains an editorial that begins, "The Senate is preparing for a major showdown over the Democrats' use of the filibuster to block a handful of President Bush's judicial nominees."
Posted at 07:22 AM by Howard Bashman



"Why Prisons Can't Integrate; Abolishing segregation will incite violence": Joshua Englehart has this op-ed today in The Los Angeles Times.
Posted at 07:20 AM by Howard Bashman



"Profs join anti-military recruiting group; The University Law School might put up signs condemning the Solomon Amendment": This article appeared yesterday in The Minnesota Daily. And today that newspaper contains an editorial entitled "Profs stand up to discrimination; The Law School faculty isn't anti-military, but 'don’t ask, don't tell' is still unacceptable."

Elsewhere, today in The Macon Telegraph, Lee Ballard has an essay entitled "Conscientious stupidity?"
Posted at 07:14 AM by Howard Bashman




"Gay groups join fight against Bush judicial picks; Showdown looms over far-right choices, 'nuclear option'": The Washington Blade contains this article today.
Posted at 07:12 AM by Howard Bashman



"Slayings in Judge's Home May Be Solved; A man found dead in his van left a suicide note, and DNA at the Chicago crime scene was his": This article appears today in The Los Angeles Times.

The New York Times contains an article headlined "Focus on Safety for Judges Outside the Courtroom."

USA Today reports that "In note, man says he killed judge's family; DNA match revealed following suicide."

The Boston Globe reports that "Suicide linked to slaying of judge's kin; Police investigate note left by man."

The Chicago Tribune today contains articles headlined "Police: DNA matches; Top cop says evidence, suicide notes solve Lefkow slayings; Letters describe killings, hit list"; "6th sense prompted police officer to stop suspect's van"; "Decade of despair boiled over to paranoia"; "Desperation feeds on anger, isolation"; "Real threats tough to spot"; "Tragedy triggers push to let judges pack guns"; and "Hale's parents relieved; his backers seek apology."

The Chicago Tribune also publishes related items headlined "Filings in Ross' plight" and "Ross' letter to NBC-Channel 5." An editorial is entitled "Two men's lists." And columnist John Kass has an essay entitled "Lefkow killer doesn't fit our need for symbols."

The Chicago Sun-Times today contains articles headlined "Other judges may have been targets"; "String of legal defeats left Ross 'desperate'"; "Despite series of legal setbacks, immigrant was obsessed with making doctors pay"; "'I'll do my own justice,' Ross told one judge"; and "'Something wasn't right,' says cop who stopped van."

The Sun-Times today also contains an editorial entitled "Killer may be down, but too many guns on loose." Columnist Mark Brown has an essay entitled "Ross' obsessive pursuit of 'justice' highlights need for intervention." And Columnist Carol Marin has an essay entitled "Ross makes good case to send gun bills packing."

The Milwaukee Journal Sentinel contains articles headlined "Medical odyssey ends in death; Neighbors say Ross was odd loner obsessed with getting even for cancer treatment"; "'Check the back for answers'; A killer admits his crimes -- in a note found after he committed suicide in a minivan in West Allis"; "Judges in Milwaukee have faced death threats"; and "Ross' cancer treatment was appropriate, doctors say."
Posted at 06:45 AM by Howard Bashman



Thursday, March 10, 2005


"Police: DNA Matches in Judge Kin Killings." The Associated Press reports here that "A man who filed bizarre, rambling lawsuits over his cancer treatment and shot himself to death during a traffic stop appears to be the lone killer of a federal judge's mother and husband, police said late Thursday."

And The Chicago Tribune on Friday will contain articles headlined "Man commits suicide, claims responsibility for Lefkow murders"; "Issue of angry litigants may face more scrutiny after killings"; and "White supremacist's parents greet finding of Lefkow murderer."
Posted at 11:28 PM by Howard Bashman




"Suicide Note Says Judge in Chicago Was Target; Man Cites Anger Over Rejected Suit": This front page article will appear Friday in The Washington Post.
Posted at 10:58 PM by Howard Bashman



"Judge shows poor judgment": In Tuesday's edition of The Philadelphia Inquirer, columnist John Grogan had an essay that begins, "On the bright side, airport security screeners intercepted the contraband knife both times the passenger tried to carry it aboard a flight at the Harrisburg airport."
Posted at 10:35 PM by Howard Bashman



"Electrician Says in Suicide Note That He Killed Judge's Family": This article will appear Friday in The New York Times.
Posted at 10:33 PM by Howard Bashman



"Chicago killings raise worries of U.S. judges about security; Marshals Service deals with rising flow of threats": Friday's edition of The Baltimore Sun will contain this article.
Posted at 10:24 PM by Howard Bashman



"Pa. Supreme Court mulling slots law; Foes argue it was enacted improperly": This article appears today in The Pittsburgh Post-Gazette.

And The Harrisburg Patriot-News reports today that "Casino law unsound, gaming foe tells court; Lawyer attacks grafting onto a different bill."
Posted at 10:14 PM by Howard Bashman




"Judges question medical-privacy rule; Whether patient information is - or is not - too widely shared is considered by an appeals court": The Philadelphia Inquirer today contains this article about a case argued yesterday before the U.S. Court of Appeals for the Third Circuit.
Posted at 10:10 PM by Howard Bashman



"Rehnquist to Preside Over Closed Judicial Conference Meeting; Judges' safety may be discussed in wake of Lefkow family murders": law.com's Tony Mauro provides this report.
Posted at 10:02 PM by Howard Bashman



"Lawyer: Ross Was 'At The End Of His Rope'; Lefkow Dismissed Case In January." Chicago's NBC5.com provides this report.

And this evening's broadcast of The CBS Evening News contained a segment entitled "Big Break In Judge Case."
Posted at 09:15 PM by Howard Bashman




The Milwaukee Journal Sentinel has posted online the civil action complaint filed by Bart A. Ross that was assigned to U.S. District Judge Joan Humphrey Lefkow: You can access the pleading at this link [large PDF file]. Earlier today, I posted here links to the dispositive court rulings issued in the case.

The Associated Press reports that "Milwaukee judges alerted after suicide note names them."

Charlie Madigan, senior correspondent at The Chicago Tribune, has an essay entitled "The 9mm ending."

You can access the audio of a radio interview with the police officer who made the traffic stop of Ross yesterday evening by clicking here (RealPlayer required).
Posted at 07:22 PM by Howard Bashman




"A smuggling trial that raises racial issues, too: Of 14 indicted in immigrant deaths, why does only Tyrone Williams face capital punishment?" This article will appear Friday in The Christian Science Monitor.
Posted at 07:08 PM by Howard Bashman



Also on this evening's broadcast of NPR's "All Things Considered": The broadcast contained segments entitled "Man Claims Responsibility for Lefkow Killings, Commits Suicide" and "Analysis: Protecting Judges" (RealPlayer required).
Posted at 06:10 PM by Howard Bashman



"The National Organization for Women Urges Defeat of Thomas Griffith for U.S. Court of Appeals for the D.C. Circuit": The organization today issued this press release and previously joined in this letter sent to all members of the Senate Judiciary Committee.
Posted at 05:55 PM by Howard Bashman



"Texas Man Could Face Death Penalty in Human Smuggling Case": This evening's broadcast of NPR's "All Things Considered" included this segment (RealPlayer required).
Posted at 05:50 PM by Howard Bashman



"High court is asked to take reparations case; Survivors pursue 1921 race riot suit": This article appears today in The Boston Globe.
Posted at 05:45 PM by Howard Bashman



"Survivor of truck smuggling ordeal testifies heat hit quickly": The Houston Chronicle provides this news update.
Posted at 05:33 PM by Howard Bashman



"'Weird' recluse spent years in court over treatment": The Chicago Sun-Times provides a news update that begins, "Disfigured and increasingly destitute and desperate, Bart A. Ross spent the past dozen years battling the medical and legal system, convinced he'd been wronged."

And NBC News reports that "Letters tie suicide to Lefkow case; Author claims judge was target, not her family."
Posted at 05:25 PM by Howard Bashman




"Answer" to yesterday's Ninth Circuit en banc trivia: Sadly, no Ninth Circuit Judges have emailed to supply their take on the correct answer to my Ninth Circuit en banc trivia post from yesterday.

Several readers have noted that in September 2004, an eleven-judge en banc panel issued a unanimous ruling in Gilbertson v. Albright purporting to overrule, in part, the unanimous ruling from July 2001 of an eleven-judge en banc panel in Green v. City of Tucson.

This result suggests either that: (1) any eleven-judge en banc panel is free to overrule an earlier eleven-judge en banc panel no matter how many judges agree with the ruling in either case; or (2) any eleven-judge en banc panel is free to overrule an earlier eleven-judge en banc panel so long as the same number or more judges in the second case vote for the new holding as supported the superseded ruling in the earlier case.

But, this being the Ninth Circuit, not all of my correspondents reached the same conclusion. One writes:

Regarding limited en banc courts, circuit rule 35-3 provides that "In appropriate cases, the Court may order a rehearing by the full court following a hearing or rehearing en banc." This implies that an 11-judge opinion would be binding on a subsequent 11-judge court. I'm not aware that the full court has ever been convened.
And another, who recently clerked for a Ninth Circuit judge, writes:
Ninth Circuit local rule 35-3 states that "in appropriate cases, the Court may order a rehearing by the full court following a hearing or rehearing en banc." To my knowledge, this provision has been employed by Ninth Circuit judges to call for a vote on whether to rehear a case by the full court only four times, but full court rehearing has never been granted. See United States v. Orso, 275 F.3d 1190, 1192-98 (9th Cir. 2001) (Trott, J., dissenting from denial of full court rhr'g en banc), cert. denied, 537 U.S. 828 (2002); Compassion in Dying v. Washington, 85 F.3d 1440, 1440-51 (9th Cir. 1996) (O'Scannlain, J., dissenting from denial of full court rhr'g en banc), rev'd sub nom. Washington v. Glucksberg, 521 U.S. 702 (1997); Campbell v. Wood, 20 F.3d 1050, 1051, 1053 (9th Cir.) (Reinhardt, J., dissenting from denial of full court rhr'g en banc), cert. denied, 511 U.S. 1119 (1994); United States v. Penn, 647 F.2d 876, 889-91 (9th Cir.) (B. Fletcher, Pregerson & Ferguson, JJ., individually dissenting from denial of full court rhr'g en banc), cert. denied, 449 U.S. 903 (1980). In none of these cases did the judges dissenting from full court rehearing assert that the limited en banc court overruled a prior limited en banc decision.

But I imagine that, should a limited (11-judge) en banc court wish to overrule a decision of a prior limited en banc court, a full court rehearing would be required. This model of adjudication would mirror FRAP 35(a)(1), which implies that en banc courts are necessary to overrule a prior three-judge panel's decision, and settled circuit procedure. See, e.g., Morton v. De Oliveira, 984 F.2d 289, 292 (9th Cir.1993) ("[O]nly the court sitting en banc may overrule a prior decision of the court."). It makes sense that, if an 11-judge panel is required to overrule a 3-judge panel, a full court panel would be required to overrule an 11-judge panel.

At the risk of crossing from the ridiculous to the sublime, it is worth noting that Public Law 95–486 (28 U.S.C. sec. 41 note) states that "Any court of appeals having more than 15 active judges *** may perform its en banc function by such number of members of its en banc courts as may be prescribed by rule of the court of appeals."

Normally, the en banc function includes the ability to overrule earlier en banc rulings. Which perhaps raises the question whether a later eleven-judge en banc Ninth Circuit panel could overrule a holding reached by a twenty-eight judge full Ninth Circuit en banc court if one ever were convened?

Thanks so very much to all who have taken the time to write concerning the subject of yesterday's trivia question.
Posted at 05:20 PM by Howard Bashman




Chicago's NBC5.com posts online handwritten letter apparently from Bart Ross, who committed suicide in a traffic stop in Wisconsin yesterday and is suspected of having killed the husband and mother of a federal district judge: You can view the handwritten, and largely illegible, letter at this link (PDF).

The latest news update from The Chicago Tribune is available here. Tribune columnist Eric Zorn comments further in this blog post today.

The New York Times offers a news update headlined "Police Say Suicide May Be Tied to Murder of Judge's Relatives."

And NPR's "Morning Edition" today included a segment titled "Suicide in Wisconsin Linked to Chicago Murders."
Posted at 03:54 PM by Howard Bashman




U.S. Court of Appeals for the Third Circuit rejects, as premature, challenge to attorneys' fee award in federal Diet Drugs MDL: Readers who peruse this opinion may notice that I was one of the lawyers involved.

My clients' main argument on appeal involved excusable neglect, because trial counsel had filed a notice of appeal on their behalf slightly more than thirty days after entry of the order from which the appeal was taken. Happily (but not surprisingly, given how things went at oral argument), today's ruling on that issue was in favor of my clients; the discussion of the excusable neglect issue begins on page 23 of the opinion.
Posted at 03:44 PM by Howard Bashman




The text of the statement that Ranking Democratic Member Senator Patrick J. Leahy (D-VT) delivered at today's Senate Judiciary Committee executive business meeting is available online: You can access the statement at this link.

And Senator Robert C. Byrd (D-WV) today delivered a new statement on the floor of the U.S. Senate regarding the so-called "nuclear option."
Posted at 03:30 PM by Howard Bashman




"West Allis suicide linked to slaying of Chicago judge's family": The Milwaukee Journal Sentinel provides a news update that begins, "Investigators looking for the killer of a federal judge's husband and mother in Chicago apparently found him and his confession during a traffic stop in West Allis."

If today's journalistic speculation proves accurate, as it now appears it will, a disgruntled litigant, acting alone, on Monday of last week killed the husband and mother of a U.S. District Judge and was intending to kill the judge, too, before changing his mind.

The question necessarily arises: what can change and what will change as a result of this recent but (as The Christian Science Monitor previously reported here) far from unique tragedy?
Posted at 03:05 PM by Howard Bashman




"NBC5 Receives Letter Apparently Written By Lefkow Killer": Chicago's NBC5 provides this report.
Posted at 01:15 PM by Howard Bashman



"Preserve Senate Tradition By Ending Judicial Nomination Filibusters": U.S. Senator Orrin G. Hatch (R-UT) delivered these remarks on the floor of the U.S. Senate today.
Posted at 01:05 PM by Howard Bashman



"Source: Suicide note describes killing of judge's family." The Milwaukee Journal Sentinel has posted online a news update that begins, "Notes found in the car of Bart Ross, who killed himself after a traffic stop in West Allis last night, describe how he killed a federal judge's husband and mother in Chicago and listed additional people he blamed for ruining his life, including two Milwaukee judges."
Posted at 12:25 PM by Howard Bashman



"Judge Orders Arrest of Michael Jackson": The Associated Press reports here that "An angry judge issued an arrest warrant for Michael Jackson on Thursday after he failed to show up for his child molestation trial on time and his attorney announced the singer was being treated for a serious back problem."

And The Los Angeles Times offers a news update headlined "Jackson Late for Trial, Arrest Threatened."
Posted at 12:05 PM by Howard Bashman




"Wisconsin death has Lefkow tie; Source: Note blames judge for loss of 'his house, his job and family.'" The latest news update from The Chicago Tribune can be accessed here.

The Washington Post offers a news update headlined "Slayings of Chicago Judge's Mother, Husband Tied to Wisconsin Suicide."

And The Associated Press reports that "Report: Suicide Linked to Chicago Slayings."

News reports, including these, identify the man who took his own life during a traffic stop yesterday evening in West Allis, Wisconsin as Bart Ross.

A reader has forwarded to me a copy of the complaint that Mr. Ross filed in the U.S. District Court for the Northern District of Illinois initiating the civil action assigned to U.S. District Judge Joan Humphrey Lefkow.

I have posted online the order dismissing the case; the order denying reconsideration; and the order of the U.S. Court of Appeals for the Seventh Circuit affirming Judge Lefkow's dismissal of the case. An earlier Seventh Circuit decision affirming the dismissal of an earlier, related case can be accessed here. All of these documents are publicly available online via the PACER access system.
Posted at 11:44 AM by Howard Bashman




Picture this: The folks who publish "Pennsylvania Super Lawyers" were just visiting with me to take my picture for a profile to be published in their 2005 edition.

In other happy news, it appears that I will have the chance to visit with some friends and readers in California because I've been invited to participate in the annual conference of the United States District Court for the Eastern District of California, which is scheduled to occur around the last weekend in October 2005.
Posted at 11:20 AM by Howard Bashman




U.S. Court of Appeals for the Sixth Circuit declines invitation to become embroiled in the substance of a dispute between Geoffrey Fieger and four Justices serving on the Supreme Court of Michigan: Today's ruling, by a unanimous three-judge Sixth Circuit panel, can be accessed at this link.
Posted at 10:20 AM by Howard Bashman



"Suicide note linked to Lefkow slayings": The Chicago Sun-Times provides this news update.

The latest news update from The Chicago Tribune is headlined "Wisconsin death has Lefkow tie; Source: Note blames judge for loss of 'his house, his job and family.'"

CNN.com offers a report headlined "Police sources: Note claims link to Chicago killings."

Audio of this morning's news briefing from West Allis, Wisconsin can be accessed at this link (RealPlayer required).
Posted at 10:00 AM by Howard Bashman




"Wisconsin death has Lefkow tie; Source: Note blames judge for loss of 'his house, his job and family'; Tribune reporter turned away from Chicago scene": You can access here the latest news update from The Chicago Tribune. According to the update, police in West Allis, Wisconsin are scheduled to hold a news conference at 8 a.m. central time to discuss the case.

Update:The Milwaukee Channel plans to broadcast the police briefing live online, and you can access it via this link.

Second update: Present at the news conference are representatives of local police, the U.S. Marshals Service, and the Federal Bureau of Investigation. These officials are not yet willing to state whether the individual who committed suicide is the individual who killed the husband and mother of a federal judge in Chicago. Presumably once the results of weapons testing and DNA testing are available, a further update will be provided.
Posted at 08:12 AM by Howard Bashman




"San Diego to Move Giant Cross; City Council Votes To End Suit Over Religious Symbol": The Washington Post contains this article today.

Henry Weinstein of The Los Angeles Times reports that "ACLU Sues Over Mormon Lease on Land; The civil liberties group says the deal to control Wyoming's Martin's Cove, a national historic site, amounts to federal endorsement of religion."

And online at FindLaw, Marci Hamilton has an essay entitled "The Texas State Capitol's Ten Commandments at the Supreme Court: Part One of a Two-Part Series on This Term's Ten Commandments Cases."
Posted at 07:28 AM by Howard Bashman




"Survivor describes terror in trailer; Immigrants' cries for help at checkpoint went unheard, he says": This article appears today in The Houston Chronicle, along with an article headlined "Witness admits he did 'bad things'; Smuggler says he paid trucker to take immigrants past checkpoint."
Posted at 07:05 AM by Howard Bashman



"U.S. Withdraws From ICJ Jurisdiction Over Consular Relations Claims": Law Professor Julian Ku offers this post at the blog "Opinio Juris."
Posted at 06:50 AM by Howard Bashman



BREAKING NEWS -- "Wisconsin death has Lefkow tie; Man who shot self left note, cops say": The Chicago Tribune this morning contains an article that begins, "Investigators early Thursday said a man who shot himself in the head during a traffic stop in Wisconsin had a suicide note claiming responsibility for the slaying of U.S. District Judge Joan Lefkow's husband and mother last week." According to the article, "The note included details in the case that were not released to the public, investigators said." A news update containing many of the same details is headlined "Wisconsin death has Lefkow tie; Source: Note blames judge for loss of 'his house, his job and family.'"

The Associated Press reports that "Judge's Kin's Slaying, Suicide Said Linked."

In related coverage, The Chicago Tribune today also contains an article headlined "Shell casing 3rd found at murder site; Lefkow investigators hope to track weapon; judge still under guard." And columnist Eric Zorn has an essay entitled "A good hangup comes in handy in inmate scam."

The Chicago Sun-Times reports that "Dog sniffs for gunpowder, shell casings at Lefkow home."

The Daily Herald of suburban Chicago reports that "Lawyer's caseload now gets a look."

Yesterday evening's broadcast of The CBS Evening News contained a segment entitled "Protecting Federal Judges" (RealPlayer required).

The Denver Post reports that "Memorial set for U.S. judge's slain mother."

And in The Peoria Journal Star, columnist Phil Luciano has an essay entitled "Destroying Hale embryo 'only option'; White supremacist's ex-wife makes the request during recent divorce proceedings."
Posted at 06:30 AM by Howard Bashman




"Pa. Superior Court to hear Barnes case; Student wins review of ruling approving move to Phila.": The Philadelphia Inquirer today contains this article, in which I am quoted.
Posted at 06:28 AM by Howard Bashman


Wednesday, March 09, 2005


"We're on a Mission From God: Is the Ten Commandments case turning Scalia into a devotee of natural law?" Michael McGough of The Pittsburgh Post-Gazette today has this jurisprudence essay online at Slate.
Posted at 11:44 PM by Howard Bashman



"Springfield lawyers won sentence limits": The Republican of Springfield, Massachusetts today contains an article that begins, "Monday's U.S. Supreme Court decision restricting federal judges' sentencing powers provides a safeguard for defendants, said Linda J. Thompson, a Springfield lawyer, who argued the case before the nation's highest court."
Posted at 11:42 PM by Howard Bashman



Justice Sandra Day O'Connor in the news: The Stanford Daily today contains an article headlined "Cap and Gown turns 100."
Posted at 11:40 PM by Howard Bashman



"U.S. Quits Agreement On Access To Diplomats": In Thursday's edition of The Washington Post, Charles Lane will have a front page article that begins, "The Bush administration has decided to pull out of an international agreement that opponents of the death penalty have used to fight the sentences of foreigners on death row in the United States, officials said yesterday."

And online at "SCOTUSblog," Lyle Denniston has a post titled "Are the states 'puppets of a ventriloquist President'?"
Posted at 11:20 PM by Howard Bashman




"Trying a New Tack in Bid to Split 9th Circuit": law.com provides this report.
Posted at 11:14 PM by Howard Bashman



"Judge Tries to Regain Balance in a Family Shaken by Killings": This lengthy article will appear Thursday in The New York Times.

And Thursday's issue of The Guardian (UK) reports that "Racist's mother had cryptic note."
Posted at 11:10 PM by Howard Bashman




"U.S. Says It Has Withdrawn From World Judicial Body": In Thursday's edition of The New York Times, Adam Liptak will have an article that begins, "Prompted by an international tribunal's decision last year ordering new hearings for 51 Mexicans on death rows in the United States, the State Department said yesterday that the United States had withdrawn from the protocol that gave the tribunal jurisdiction to hear such disputes."
Posted at 09:58 PM by Howard Bashman



"A 3rd shell casing turns up at federal judge's home": This article will appear Thursday in The Chicago Tribune.
Posted at 09:54 PM by Howard Bashman



"Beyond 'Strange New Respect': The Stevens-Ginsburg billet-doux to Justice Kennedy." Law Professor David M. Wagner, author of the blog "Ninomania," has this essay in the March 14, 2005 issue of The Weekly Standard.
Posted at 09:00 PM by Howard Bashman



"The power and the glory: In the past 30 years, the United States Supreme Court has made and unmade presidents -- and shaped the fabric of American society; Now, with two rare vacancies in its ranks, a battle for the nation's soul is under way." This article appears in Thursday's edition of The Independent (UK).
Posted at 08:54 PM by Howard Bashman



"GOP ponders 'nuclear option' to fill judgeships; Limiting filibusters by Democrats could tie the Senate in knots, some contend": The Sacramento Bee contains this article today.
Posted at 08:50 PM by Howard Bashman



"Media giants join forces to fight Ontario ruling; Internet libel case threatens free speech, coalition says as appeal hearing opens": This article appears today in The Toronto Globe and Mail.

The Toronto Star yesterday reported that "Libel case chills world's papers; Ontario lawsuit cites access to website; Media group supports Washington Post."

CBC News reports that "Global media giants fear chill from Toronto web libel suit."

And Agence France-Presse reports that "Media firms fear impact of Internet libel claim."
Posted at 07:15 PM by Howard Bashman




Ninth Circuit en banc trivia: The U.S. Court of Appeals for the Ninth Circuit this week has issued three en banc rulings (see here, here, and here) and has voted to take another case en banc (here).

In addition, as I previously noted here, last week legislation was introduced in the U.S. Congress that if approved would require the Ninth Circuit to cease using eleven-judge panels to decide en banc cases and instead involve all twenty-plus active judges in hearing and deciding cases en banc.

The combination of these developments causes my mind to ponder Ninth Circuit en banc-related trivia. For example, in the Ninth Circuit, can one eleven-judge en banc panel overrule another eleven-judge en banc panel? What if the first eleven-judge panel rules by a margin of 6-5, but the second panel wishes to reach the opposite result by a margin of 7-4? And is the answer to this question affected by the fact that all non-recused active judges participate in the vote on whether to take a case en banc?

If anyone wishes to share thoughts regarding or, better yet, answers to these questions, please feel free to send them along via email.
Posted at 06:15 PM by Howard Bashman




"Gay-marriage fight in state high court": This article appears today in The Seattle Times.

The Seattle Post-Intelligencer reports that "Court hears arguments on same-sex marriage."

And The Olympian today contains articles headlined "Gay marriage drive gets its day in court; Demonstrators pack Capitol Campus"; "Many at rally invoke God in opposition to change"; and "Gay marriage backers see a question of rights."
Posted at 05:50 PM by Howard Bashman




"No clemency for cross; Council rejects transfer of monument, property": The San Diego Union-Tribune today contains an article that begins, "The Mount Soledad cross must go, the San Diego City Council said yesterday. The 16-year saga of whether the cross would stay on public land in La Jolla came to an emotional conclusion last night as the council voted 5-3 to reject a last-ditch effort to keep it in place."
Posted at 05:44 PM by Howard Bashman



"Net buzzing on bloggers' status; First Amendment issues become hot topic in chat rooms": This article appears today in The San Francisco Chronicle.

And The Los Angeles Times reports today that "Apple's Lawsuits to Guard Its Secrets Leave Mac Faithful With Bitter Taste; The firm is targeting websites that publish confidential details of unreleased products."
Posted at 05:22 PM by Howard Bashman




"Paramedics describe 'overwhelming' scene in truck trailer; At driver's trial, survivor testifies to immigrants screamed for help in hot trailer": The Houston Chronicle provides this news update.
Posted at 05:20 PM by Howard Bashman



Better late than never? The Pittsburgh Post-Gazette reports today that "Sen. Heinz's will to be made public." And The Pittsburgh Tribune-Review reports today that "Some Heinz records unsealed."

The Post-Gazette article notes that a total of five newspapers had originally asked the court to unseal these records, yet all but The Post-Gazette and Tribune-Review "lost interest after Sen. John Kerry lost his bid to be president."
Posted at 05:10 PM by Howard Bashman




"Lefkow slayings divide white supremacists; Some laud killings, but others say violence hurts cause": MSNBC provides this report.

Reuters reports that "Leaderless U.S. Hate Groups Seen as Violent Threat."

And today's broadcast of NPR's "Day to Day" contained a segment entitled "The Status of the U.S. White Supremacist Movement" (RealPlayer required).
Posted at 04:48 PM by Howard Bashman




"Sperm Donor's Intimacy With Mother Does Not Make Him Father": Metropolitan News-Enterprise provides this article reporting on last Thursday's ruling of the California Court of Appeal for the Second District, Division Four. With any luck, this will be not only the second (click here for the first) but also the final sperm-related appellate litigation post of the day.
Posted at 03:14 PM by Howard Bashman



"The partial dissent claims that our 'discussion about dicta is dicta.'" Today the U.S. Court of Appeals for the Ninth Circuit has issued an eleven-judge en banc ruling in which the panel splits 6-5 over what constitutes dicta.
Posted at 03:00 PM by Howard Bashman



Immigration law making adopted children subject to removal from the United States under circumstances where biological children would not be subject to removal is not unconstitutional: The U.S. Court of Appeals for the Second Circuit issued this ruling today.
Posted at 02:50 PM by Howard Bashman



"Court allows appeal of Barnes move to be heard": The Philadelphia Inquirer provides this news update on the subject that I posted about earlier here.
Posted at 02:38 PM by Howard Bashman



Acceptance of federal funds as a waiver of a State's Eleventh Amendment immunity: The U.S. Court of Appeals for the Fifth Circuit today posted online its eagerly awaited en banc ruling in Pace vs. Bogalusa City School Board. The court, by a vote of 8-6, held that the State of Louisiana, by accepting federal education funds from 1996 to 1998, validly waived its Eleventh Amendment immunity from suit for violations of § 504 of the Rehabilitation Act and the Individuals with Disabilities Education Act statute. As the closely divided nature of the court's ruling indicates, the correct answer to the question presented is far from clear.

Back in March 2003, a three-judge Fifth Circuit panel issued a decision in the case reaching the opposite result, after which rehearing en banc was granted.
Posted at 02:24 PM by Howard Bashman




"Art Exhibit to Move to Philadelphia as Tempers Flare": Reuters today offers a lengthy article that begins, "It's either a last-ditch rescue of a remarkable art collection or an irreparable blow to one of the world's most unique exhibits. Either way, scarcely anyone outside the art world may have heard of the Barnes Foundation, but a battle over its fate has provoked outrage and left bitterness in its wake."
Posted at 02:04 PM by Howard Bashman



Today's issue of The Cornell Daily Sun offers much Solomon Amendment-related commentary: Jamie Weinstein has an essay entitled "Protesting the Solomon Protesters."

Brian Holmes has an essay entitled "Don't Forget Don't Pursue."

And Mark J. Polking has a letter to the editor that appears under the heading "Case against Solomon Amendment hypocritical."
Posted at 12:30 PM by Howard Bashman




"Lawyer Says Supremacist's Mother Brought 'Cryptic' Message": This article appears today in The New York Times.

Relatedly, the blog "Underneath Their Robes" features a new post titled "Condolences to Judge Joan Lefkow."
Posted at 12:05 PM by Howard Bashman




Don't look a gift horse in the mouth: Online at FindLaw today, Sherry F. Colb has an essay entitled "When Oral Sex Results in a Pregnancy: Can Men Ever Escape Paternity Obligations?"

The ruling on which the essay is based issued late last month while I was away on vacation, and thus I've been biding my time for an opportunity to link to relevant news coverage.

The Chicago Tribune reported that "Deceptive conception alleged by dad's suit; Plaintiff says woman saved his semen."

The Daily Southtown of Tinley Park, Illinois reported that "Sperm theft civil lawsuit reinstated; Court: Woman can be held liable after she inseminated herself after a tryst."

The New York Daily News reported that "Sperm was gift, sez court."

And The Associated Press reported that "Court rules man can sue woman for distress over sperm theft."

I have been unable to locate a copy of last month's ruling online at the web site of the Appellate Court of Illinois. If anyone else has had better luck finding the decision online, or has access to an electronic copy of the ruling, I'd much appreciate receiving the link or the decision itself via email.
Posted at 11:50 AM by Howard Bashman




"Williams' recruiter wanted a clear conscience; Testifying for the prosecution, smuggler says he couldn't prevent 19 migrant deaths": This article appears today in The Houston Chronicle.

The San Antonio Express-News reports today that "Truck driver called cruelest of cruel."

And The Los Angeles Times reports that "Driver Said to Be 'Most Cruel' in Smuggling Attempt; Prosecution says Tyrone Williams let 19 die in his trailer; The defense says he's being singled out."
Posted at 11:34 AM by Howard Bashman




"Doctors, patients grapple with specifics of privacy rule": Yesterday's issue of The Philadelphia Inquirer contained this article reporting on an appeal being argued today before the U.S. Court of Appeals for the Third Circuit.
Posted at 11:28 AM by Howard Bashman



Development of note in appeal challenging decision authorizing the relocation of The Barnes Foundation to Philadelphia: Readers may recall that I am serving as counsel for appellant in an appeal pending before the Superior Court of Pennsylvania in which my client is challenging a ruling of the Orphans' Court of Montgomery County, Pennsylvania that authorizes The Barnes Foundation to relocate from Merion to Philadelphia. Some early press coverage of the appeal can be accessed here (The Philadelphia Inquirer) and here (The Associated Press).

In late January, The Foundation asked the Superior Court to quash or dismiss the appeal, before the appeal was briefed and argued on the merits, based on an asserted lack of appellate jurisdiction. The Foundation's application to quash or dismiss can be accessed here, my client's response in opposition here, and The Foundation's reply here.

Yesterday, the Superior Court entered an order denying the application to quash or dismiss the appeal before briefing and oral argument on the merits. Apparently this development will now be reported on by The Philadelphia Inquirer and KYW Newsradio 1060.
Posted at 11:04 AM by Howard Bashman




"Bush Orders Hearings for Mexicans on Death Row; The action, triggered by a World Court ruling, may pit the president against state officials": David G. Savage has this article today in The Los Angeles Times.

The Chicago Tribune reports today that "U.S. orders reviews for Mexican inmates; Death Row prisoners claim rights violated."

The Houston Chronicle contains articles headlined "Bush orders hearings for Mexican nationals; The directive in death row cases sparks challenge from Texas officials" and "Mexico cheers U.S. decision on Texas inmates; Mexican citizens' death sentences will be reviewed."

In The Dallas Morning News, Allen Pusey reports that "Mexico welcomes death-row order; Perry aides say Bush administration brief being reviewed."

And The Austin American-Statesman contains an article headlined "New hearings for 51 condemned Mexican nationals; Bush administration agrees to follow world court ruling on rights of foreign suspects."
Posted at 10:04 AM by Howard Bashman




"Report: Hale Wanted Coded Message Passed." The Associated Press provides this report from Chicago.
Posted at 09:55 AM by Howard Bashman



"Justice Kennedy's Mind: Where the Constitution resides." Jonah Goldberg has this essay today at National Review Online.
Posted at 09:50 AM by Howard Bashman



"Ex-GOP aide: Democrats derailed hiring; Staffer in spying case says political threats hurt prospects at firm." The Boston Globe today contains an article that begins, "A former top Republican Senate staff member who resigned under pressure last year for spying on his Democratic staff colleagues is now accusing them of threatening partners at a law firm that was considering hiring him -- including the firm's chairman, a prominent Boston attorney -- in order to scuttle his job offer."
Posted at 07:54 AM by Howard Bashman



"BYU general counsel again defends his nomination to appeals court": The Salt Lake Tribune contains this article today.

And FOXNews.com reports that "Judiciary Fight Marked by Trivial Accusations."
Posted at 07:50 AM by Howard Bashman




"No match for Lefkow prints; DNA on cigarette, broken window fail to bring new leads": This article appears today in The Chicago Tribune.

The Chicago Sun-Times reports today that "One gun likely killed family." The Sun-Times also contains an essay by S. Jennifer Hunter entitled "Lefkow's courage recalls other remarkable local women."

The Los Angeles Times reports that "Judge's Enemy Cut Off From Family; White supremacist Matthew Hale is further isolated as the inquiry into the deaths of Joan Lefkow's husband and mother seems to widen."

The Cleveland Plain Dealer reports that "Woman is accused of threatening judge."

The Cincinnati Enquirer reports that "Judges learn to live with risks; Recent incidents underscore the danger."

In The Denver Post, Keith W. Swain has an essay entitled "More to threats than differences of opinion."

And MSNBC's Dan Abrams has an essay entitled "Prosecutors and judges also stand in the line of fire."
Posted at 07:40 AM by Howard Bashman



Tuesday, March 08, 2005


"Smugglers tell of how truck driver was recruited": The Houston Chronicle provides a news update that begins, "A confessed human-smuggler who recruited truck driver Tyrone Williams said today that he cooperated with prosecutors to wipe the memory of 19 illegal immigrants' deaths from his conscience."
Posted at 11:45 PM by Howard Bashman



In Wednesday's edition of The New York Times: An article will report that "Republicans Seek to Stir Up a Grass-Roots Drive for Bush's Judicial Nominees."

In news from Texas, "Trial Starts in Nation's Deadliest Human Smuggling Case."

And an article reports that "Bankruptcy Bill Set for Passage; Victory for Bush."
Posted at 11:33 PM by Howard Bashman




"More DNA evidence comes up empty at federal judge's house": This article will appear Wednesday in The Chicago Tribune.

And CNN.com reports that "FBI chief vows to catch killer of judge's family; Visits cut off for jailed white supremacist leader."
Posted at 11:30 PM by Howard Bashman




In news from Connecticut: The Day of New London today contains an article headlined "Bill Would Curb Use Of Eminent Domain; But some say it's a key tool to help struggling urban areas."

And The Hartford Courant today contains articles headlined "Supermax On Trial" and "Death Row: Extreme Nothingness."
Posted at 09:54 PM by Howard Bashman




Available online from law.com: An article reports that "Senate Democrats Grill Bush Judicial Nominee."

Jeff Chorney reports that "Hidden Deal Dooms Death Sentence; DA -- now a judge -- had denied striking bargain with key witness."

And in other news, "National Geographic Wins Copyright Suit Over Articles, Photos on CD-Rom."
Posted at 09:50 PM by Howard Bashman




"Filibuster No More?" That was the title of a segment on this evening's broadcast of "On Point" from WBUR, Boston's NPR affiliate. You can listen to the segment online by clicking here (RealPlayer required).
Posted at 08:55 PM by Howard Bashman



In news from Mississippi: The Associated Press offers a report headlined "House votes to allow religious texts in public buildings" that begins, "The Ten Commandments, the motto "In God We Trust" and Jesus' teachings from the Sermon on the Mount could be displayed in any Mississippi public building, under a bill that cleared the House on today."
Posted at 08:50 PM by Howard Bashman



On this evening's broadcast of NPR's "All Things Considered": The broadcast contained segments entitled "Senate Nears Approval of Bankruptcy Bill"; "High-Level Terror Suspects Held in Limbo"; and "The Appeal of Martha Stewart's Appeal" (RealPlayer required).
Posted at 08:40 PM by Howard Bashman



"Bloggers Beware: Threats to the status quo are always ripe for 'reform.'" John Samples has this essay online today at Reason.
Posted at 08:28 PM by Howard Bashman



"Gay Marriage Debate Goes To The State Supreme Court": komo news provides this update from Olympia, Washington.
Posted at 08:20 PM by Howard Bashman



"Hundreds Jam Council Meeting On Soledad Cross": NBCSandiego.com provides this news update.
Posted at 08:18 PM by Howard Bashman



"Abortion collides with bankruptcy in Senate; Schumer fails at effort to pass provision aimed at violent protesters": Tom Curry, national affairs writer for MSNBC, provides this report.
Posted at 08:15 PM by Howard Bashman



Article in Russian about "The Volokh Conspiracy": Eugene Volokh posts here a link to the article. You can access a rather poor translation into English of the article by clicking here.
Posted at 05:40 PM by Howard Bashman



"Court Nominee Explains Lack of Law License": Jesse J. Holland of The Associated Press provides this report. The article states that "The committee's chairman, Sen. Arlen Specter, R-Pa., may hold one more confirmation hearing before the Easter recess to consider White House staff secretary Brett Kavanaugh, who also wants a seat on the D.C. Circuit."
Posted at 05:22 PM by Howard Bashman



U.S. Court of Appeals for the Eleventh Circuit announces its decision in Schering-Plough Corp. v. Federal Trade Commission: You can access today's ruling, which the FTC has lost, at this link.

You can learn more about this newsworthy case here (Schering-Plough News Release from 2003); here and here (from Forbes.com); and here (case detail from Washington Legal Foundation).
Posted at 05:05 PM by Howard Bashman




"Feds halt parents' access to Matt Hale": The Associated Press reports here that "Jailed white supremacist leader Matthew Hale, one focus of a massive investigation into the shooting deaths of a federal judge's husband and mother, can no longer receive visits from his parents or talk to them on the phone, Hale's father said Tuesday."
Posted at 05:00 PM by Howard Bashman



"Tsunami Suit Shows Need to Curb Lawyers, Critics Say": Reuters provides a report that begins, "A lawsuit against Thailand, U.S. weather forecasters and a luxury resort over the South Asian tsunami disaster is fueling calls for greater curbs on what critics say are frivolous cases brought by lawyers out to make a quick buck."
Posted at 04:32 PM by Howard Bashman



"Senators Grill D.C. Circuit Pick; Questions focus on D.C., Utah Bar status, controversial statements about Title IX": Legal Times offers this news update.
Posted at 03:58 PM by Howard Bashman



"Gay marriage proponents, foes prepare for Supreme Court hearing": The Associated Press provides this report from Washington State.

The Washington State Supreme Court will hear oral argument in a case presenting the question "Whether Washington’s Defense of Marriage Act, which prohibits same-sex marriages, is unconstitutional under the state constitution" at 4:30 p.m. eastern time today.

TVW, Washington State's public affairs network, plans to broadcast the oral argument live online. You can access the live broadcast via this link starting at 4:20 p.m. eastern time.
Posted at 03:30 PM by Howard Bashman




"Supreme Court ruling puts '3 strikes, out' laws in doubt; Court limits prior conviction evidence": Michael McGough of The Pittsburgh Post-Gazette has this article today.
Posted at 01:50 PM by Howard Bashman



The wire services are reporting: The Associated Press reports that "DNA in Judge's Home Doesn't Match Profiles."

Elsewhere, Reuters reports that "US Bankruptcy Overhaul Clears Abortion Vote Hurdle," while The AP reports that "Senate GOP Gain Victory on Abortion Vote."

And in other news, The AP "Court OKs AmeriCorps Religious Ruling."
Posted at 01:44 PM by Howard Bashman




On today's broadcast of NPR's "Morning Edition": This morning's broadcast contained segments entitled "Juvenile No Longer Faces Execution" and "Congress Debates Measure to Prevent Anti-Abortion Activists from Declaring Bankruptcy" (RealPlayer required).
Posted at 11:10 AM by Howard Bashman



Today's Senate Judiciary Committee confirmation hearing for D.C. Circuit nominee Thomas B. Griffith has concluded: I heard only four Senators (two Republicans and two Democrats) participate in the questioning of this nominee, and based on the hearing it is not possible to predict whether any Democrats on the committee will vote to recommend confirmation.
Posted at 10:44 AM by Howard Bashman



Chair of House Judiciary Committee visits Ninth Circuit to examine how best to split it up: The U.S. Court of Appeals for the Ninth Circuit has issued this news release.
Posted at 10:35 AM by Howard Bashman



"Ruling overturns death sentence; A prosecutor manipulated evidence, the court finds": Claire Cooper, legal affairs writer for The Sacramento Bee, has this article today.

Bob Egelko of The San Francisco Chronicle reports that "Murder verdict rejected; Burglary made 1980 killing at motel a capital crime."

The Associated Press reports that "Death Row Inmate Found Wrongly Convicted."

You can access yesterday's ruling by an eleven-judge en banc panel of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 10:30 AM by Howard Bashman




In today's edition of The Los Angeles Times: An article reports that "Santa Ana Acts to Retain Appellate Court; City hires two lobbying firms to prevent the institution from moving to UC Irvine's campus."

Claire Luna has an article headlined "Girl a Willing Sex Partner, Witness at Haidl Trial Says; O.C. judge clashes with a lawyer for one rape defendant as testimony for the defense begins."

And in other news, "ACLU Backs Student Editor; Group says her article on sexual orientation at a Fullerton high school was protected by law."
Posted at 10:20 AM by Howard Bashman




U.S. Court of Appeals for the D.C. Circuit rejects establishment clause challenge to the AmeriCorps Education Awards Program: You can access today's ruling, by a unanimous three-judge panel, at this link. Today's ruling reverses a trial court decision that found the establishment clause challenge to have merit.
Posted at 10:10 AM by Howard Bashman



"U.S. May Still Charge 'Enemy Combatant,' Gonzales Says; The attorney general admits that it may be difficult to build a case against Jose Padilla": This article appears today in The Los Angeles Times.
Posted at 10:05 AM by Howard Bashman



"The Big Ten: They're a good thing." Larry Kudlow has this Ten Commandments-related essay today at National Review Online.
Posted at 09:12 AM by Howard Bashman



"Stolt-Nielsen says U.S. to appeal antitrust amnesty": Reuters provides this report.

In related coverage, yesterday in The Philadelphia Inquirer L. Stuart Ditzen had an article headlined "Questions of credibility after U.S. reneges on deal; The Justice Department revoked a whistle-blower's amnesty; Lawyers say the Phila. case may hinder future cooperation."
Posted at 08:48 AM by Howard Bashman




On the agenda: Today at 9:30 a.m. eastern time, the Senate Judiciary Committee will hold its second confirmation hearing for D.C. Circuit nominee Thomas B. Griffith. Once the hearing begins, you can view it live online by clicking here (RealPlayer required).
Posted at 08:44 AM by Howard Bashman



"GOP Senators Seek Victory on Abortion Vote": The Associated Press provides this report.
Posted at 08:40 AM by Howard Bashman



"Bay judge weighs rights of bloggers; Journalists' shield claimed in response to Apple's lawsuit": This article appears today in The San Francisco Chronicle.

The San Jose Mercury News reports that "Judge asked to dismiss lawsuit; Apple accuses web site of misusing trade secrets."

And BusinessWeek contains a news analysis headlined "Are Bloggers Journalists? A judge didn't think so, thus his ruling that three blogs must reveal their sources; The decision has sparked a debate and may chill such sites."
Posted at 08:35 AM by Howard Bashman




"Immigrant deaths trial opens today; The Supreme Court refused to hear truck driver's penalty appeal": Harvey Rice has this article today in The Houston Chronicle.
Posted at 08:30 AM by Howard Bashman



"Pryor avoids new hearing on his judicial nomination": This article appears today in The Mobile Register. And Human Events Online reports that "Pryor Won't Face Senate Judiciary Inquiry."
Posted at 07:28 AM by Howard Bashman



"U Law School students look to ban recruiters": The Minnesota Daily today contains an article that begins, "University Law School students will present faculty members with a petition today urging them to take action against the Solomon Amendment."
Posted at 07:24 AM by Howard Bashman



"Supreme Zealotry": Columnist Richard Cohen has this op-ed today in The Washington Post.
Posted at 07:22 AM by Howard Bashman



"Justices, Revisiting Issue, Rule on Judges' Role in Sentences": Linda Greenhouse has this article today in The New York Times.
Posted at 07:20 AM by Howard Bashman



"Amid conservative fire, Specter's cool, friends say; They see him as more unshakable since Hodgkin's diagnosis": The Philadelphia Inquirer contains this article today.

The Louisville Courier-Journal contains an editorial entitled "'Nuclear' power games."

And in USA Today, columnist DeWayne Wickham has an op-ed entitled "Byrd's Hitler comment eclipses real filibuster issue."
Posted at 07:15 AM by Howard Bashman




"Lefkow murderer may have left DNA; But FBI lab finds no matches so far to known criminals": This article appears today in The Chicago Tribune.

The Chicago Sun-Times reports today that "Lefkow neighbors gather, pray."

The Peoria Journal Star reports that "Hale's parents can't visit." Elsewhere, The Cincinnati Enquirer reports that "Woman jailed for threat to judge; Letter to Dlott was laced with profanity."

And The Knoxville News Sentinel contains an article headlined "Feeding on hate and the Internet."
Posted at 07:05 AM by Howard Bashman



Monday, March 07, 2005


"Download Debate": This evening's broadcast of PBS's "The NewsHour with Jim Lehrer" contained a report described as follows "Later this month, the Supreme Court will hear a much anticipated copyright case, MGM vs. Grokster, which pits the entertainment industry against the makers of software that allows people to exchange music and movies." You can hear the report via RealAudio by clicking here.
Posted at 11:55 PM by Howard Bashman



"Miranda seeks U.S. probe": Tuesday's edition of The Hill will contain an article that begins, "A former top aide to Senate Majority Leader Bill Frist (R-Tenn.) is accusing Judiciary Committee Democrats of using threats to convince a lobbying firm not to hire him."
Posted at 11:52 PM by Howard Bashman



Available online from law.com: Tony Mauro has an article headlined "Supreme Court: Tax Court Must Make Proceedings Public."

Jeff Chorney reports that "9th Circuit Reinstates HIV Suit Against American Airlines."

Jonathan Ringel reports that "11th Circuit Lets Metabolife off the Hook in $3.5M Case; Battle over expert witnesses was a key point in the case."

And an article is headlined "Curtains Raised for Change at DOJ? Gonzales expands inner circle, reaches out to Justice Department's rank and file."
Posted at 11:50 PM by Howard Bashman




In Tuesday's edition of The New York Times: Neil A. Lewis will have an article headlined "U.S. Eroding Inmates' Trust at Cuba Base, Lawyers Say."

And in other news, "Bankruptcy Bill Is Arena for Abortion Fight."
Posted at 11:44 PM by Howard Bashman




"Mexicans on Death Row to Get Hearings; Bush Tells Texas Courts to Review Cases of 51 Denied Consular Aid": Charles Lane will have this article Tuesday in The Washington Post.
Posted at 11:42 PM by Howard Bashman



"Justices, 7-2, Reject Secrecy at Tax Court": Linda Greenhouse will have this article Tuesday in The New York Times.
Posted at 11:40 PM by Howard Bashman



"DNA evidence found in house where judge's family was killed": This article will appear Tuesday in The Chicago Tribune.
Posted at 11:32 PM by Howard Bashman



"In wake of killer tsunami comes dangerous litigation": "How Appealing" reader Daniel Lyons has this op-ed today in The Baltimore Sun.

This morning, Reuters reported that "Victims Sue Thailand, U.S., Accor Over Tsunami."
Posted at 08:50 PM by Howard Bashman




"Illness has made Specter more resolute, friends say": Tuesday's edition of The Philadelphia Inquirer will contain an article that begins, "Despite a steady stream of criticism from conservatives, Senate Judiciary Committee Chairman Arlen Specter, R-Pa., shows no willingness to accelerate an anticipated partisan showdown over judicial nominees."
Posted at 08:44 PM by Howard Bashman



"Internet Author Says He Has Addresses Of More Federal Judges; Turner Claims He Means No Harm To Judges": NBC5.com in Chicago provides this report.

And The Fort-Worth Star-Telegram has a news update headlined "Women accused of threatening judge."
Posted at 08:38 PM by Howard Bashman




"Supreme Court Ten Commandment Cases": That was the topic of this past Saturday's broadcast of C-SPAN's "America & the Courts." You can view the program online by clicking here (RealPlayer required).
Posted at 07:24 PM by Howard Bashman



On this evening's broadcast of NPR's "All Things Considered": The broadcast contained segments entitled "Tax Court Fact Reports May Not Be Kept Secret, High Court Rules" (featuring Nina Totenberg) and "Gangs Reach Out of Prison to Commit Crimes." RealPlayer is required to launch these audio segments.
Posted at 07:22 PM by Howard Bashman



The Senate Judiciary Committee has posted its notice for tomorrow's confirmation hearing for D.C. Circuit nominee Thomas B. Griffith: You can access the notice at this link.
Posted at 07:15 PM by Howard Bashman



"Tobacco Opens Defense in Racketeering Trial": Reuters provides this report. And in other coverage, The Associated Press offers a report headlined "Scientist: Tobacco Co. Tried to Curb Risks."
Posted at 05:30 PM by Howard Bashman



That'll teach me to go on vacation: Two Saturday's ago, on the day that I returned from vacation, The Salt Lake Tribune published an article headlined "Watchdog group wants polygamous judge unseated." The judge's lawyer is quoted in the article as arguing that just because the judge has three wives and thirty-two children doesn't mean that he's not a good judge.
Posted at 05:25 PM by Howard Bashman



"Griffith: Round Two for Unfit Judicial Nominee." The organization People For the American Way issued this news release today and also sent a related letter to all members of the Senate Judiciary Committee.
Posted at 05:18 PM by Howard Bashman



"A nuclear option: Republicans shouldn't blow up the Senate over nominations." The Concord (N.H.) Monitor contains this editorial today.

The Oregon Daily Emerald today contains an editorial entitled "Conservative appointees drive wedge in Congress."

This week's issue of The Niagara Falls Reporter contains an essay by John Hanchette entitled "Senators waste time maneuvering."

And in The Charlotte Observer, syndicated columnist Marianne Means yesterday had an essay entitled "Closing down the Senate: Republicans threaten to end the right to judicial filibusters."
Posted at 05:15 PM by Howard Bashman




"Seattle marchers back gay marriage; Rally comes 2 days ahead of state Supreme Court arguments": This article appears today in The Seattle Post-Intelligencer.
Posted at 04:32 PM by Howard Bashman



"Ten Commandments, nine justices, zero winners": Online at the First Amendment Center, Charles C. Haynes offers this commentary.
Posted at 04:30 PM by Howard Bashman



Supreme Court of Pennsylvania to hear oral argument in challenge to the constitutionality of Pennsylvania's grandparent visitation statute on Monday, May 16, 2005 in Harrisburg: Notice of oral argument arrived from the court in today's mail. I will be delivering oral argument in that case on behalf of the appellant, a father who is challenging the constitutionality of that law.

Coincidentally, I am today filing in that case the father's Reply Brief for Appellant, which can be viewed online at this link. The opening Brief for Appellant, which I filed in December 2004, can be accessed here.

Back on December 7, 2004, The Philadelphia Inquirer published a front page article about the case headlined "Pa. top court reviews grandparents' rights; Father, grandmother clash over visitation."
Posted at 03:45 PM by Howard Bashman




U.S. Court of Appeals for the Federal Circuit decides tampon-related patent dispute: This opinion issued today arises from a dispute between rival brands of tampon applicators. I look forward to discussion of the ruling at "Patently-O: Patent Law Blog."

Update: The summary from "Patently-O: Patent Law Blog" is titled "CAFC: Substantially Flattened Is Defined As Flatter Than A Cylinder" and notes that "As to not disturb the readers, I only provide a link to the patent drawings."
Posted at 03:10 PM by Howard Bashman




"Mootness: The Moot Court Blog." This new blog describes itself as "The Web's first blog devoted to fake appellate litigation." I'm relieved to see that a blog now exists devoted to fake appellate litigation, because keeping up with real appellate litigation has left me with precious little time to focus on the fake stuff.
Posted at 03:00 PM by Howard Bashman



"Court Says Inmates May Use Civil Right Law": The Associated Press provides this report.
Posted at 01:55 PM by Howard Bashman



"Marshalling Forces": CBS News legal analyst Andrew Cohen today has an essay that begins, "The heinous murder of the family of U.S. District Judge Joan Humphrey Lefkow in Chicago last week ought to serve as a wakeup call to Congress, the judiciary, and most of all, the U.S. Marshal Service, which is primarily responsible for protecting federal judges and magistrates."
Posted at 01:45 PM by Howard Bashman



"High court declines to hear appeal in immigrant smuggling case": Harvey Rice of The Houston Chronicle provides this news update.
Posted at 12:24 PM by Howard Bashman



Dinosaur blog: Today's installment of the comic strip "Non Sequitur" is funny (via "BuzzMachine").
Posted at 12:05 PM by Howard Bashman



"The virtual 'confrontations' offered by closed-circuit television systems fall short of the face-to-face standard because they do not provide the same truth-inducing effect." A unanimous three-judge panel of the U.S. Court of Appeals for the Eighth Circuit today set aside a defendant's federal criminal conviction for aggravated sexual abuse because at trial the alleged victim, a female child, was allowed to testify against the defendant via a two-way closed-circuit television set-up. You can access today's ruling at this link.

This decision should supply material for discussion at "The Confrontation Blog."
Posted at 12:00 PM by Howard Bashman




"Security a concern to judges; Potential for danger always there, some say": The South Bend Tribune contains this article today.
Posted at 11:28 AM by Howard Bashman



"Frosh Sued by Apple Fires Back; ThinkSecret founder moves to dismiss trade secret lawsuit": This article appears today in The Harvard Crimson.
Posted at 11:24 AM by Howard Bashman



"Police response faces challenge; Castle Rock lawsuit could alter handling of restraining orders": The Rocky Mountain News today contains this article reporting on a case that will be argued before the U.S. Supreme Court later this month.
Posted at 10:44 AM by Howard Bashman



Today's U.S. Supreme Court opinions and Order List: The Court today issued three opinions in argued cases.

1. Justice Stephen G. Breyer delivered the opinion of the Court in Wilkinson v. Dotson, No. 03-287. You can access the syllabus here, Justice Breyer's opinion here, Justice Antonin Scalia's concurring opinion here, Justice Anthony M. Kennedy'a dissenting opinion here, and the oral argument transcript here.

2. Justice Ruth Bader Ginsburg delivered the opinion of the Court in Ballard v. Commissioner, No. 03-184. You can access the syllabus here, Justice Ginsburg's opinion here, Justice Kennedy's concurring opinion here, Chief Justice William H. Rehnquist's dissenting opinion here, and the oral argument transcript here.

3. Finally, Justice David H. Souter delivered the opinion of the Court in part in Shepard v. United States, No. 03-9168. You can access the syllabus here, Justice Souter's opinion here, the opinion of Justice Clarence Thomas concurring in part and concurring in the judgment here, the dissenting opinion of Justice Sandra Day O'Connor here, and the oral argument transcript here. This case produced an unusual line-up of Justices, as the dissenters consist of Justices O'Connor, Kennedy, and Breyer. Chief Justice William H. Rehnquist did not participate in the decision in this case, which had been argued during the Court's November argument session.

Today's Order List can be accessed at this link. The Court today granted review in two cases, which Lyle Denniston of "SCOTUSblog" summarizes here.

In early press coverage, Reuters reports that "Supreme Court Won't Decide Damages from S&L Crisis."

Hope Yen of The Associated Press reports that "Tax Court Fact Reports Must Be Disclosed" and "Court Declines to Review Immigrant Case." The AP also offers articles headlined "Court Won't Hear Immigrant Smuggling Case"; "High Court to Review Miner Lawsuit Appeal"; and "High Court Declines to Clarify Awards."
Posted at 10:00 AM by Howard Bashman




"Justice Unit Puts Its Focus on Faith; A little-known civil rights office has been busily defending religious groups": This article appears today in The Los Angeles Times.
Posted at 09:44 AM by Howard Bashman



"Parents: Hale Not Involved in Ill. Murders." The Associated Press provides this report.
Posted at 09:40 AM by Howard Bashman



"Reed's Rules: The nuclear option, 19th-century style." John A. Barnes has this essay today at National Review Online.
Posted at 09:35 AM by Howard Bashman



"A Government of Men: Justice Kennedy changes his mind; Amazingly, he found that the Constitution changed with him." John Hinderaker has this essay online at The Weekly Standard.
Posted at 09:33 AM by Howard Bashman



"Judiciary Probe Moves Slowly": Roll Call today contains an article (subscription required) that begins, "A year after being handed the case by the Senate, the Justice Department continues to investigate the improper accessing of more than 4,600 Democratic memos from the Judiciary Committee by a pair of former GOP staffers."
Posted at 09:28 AM by Howard Bashman



"Griffith's Path to D.C. Circuit May Be Clear; Nominee stands to survive as Dems move on to other targets": Legal Times contains this article (subscription required) today.

According to the article, tomorrow morning's confirmation hearing in the Senate Judiciary Committee will have as its focus D.C. Circuit nominee Thomas B. Griffith.
Posted at 09:25 AM by Howard Bashman




"Tragedy underscores threat judges face on the job": This article appears today in The Post-Tribune of Merrillville, Indiana.
Posted at 09:22 AM by Howard Bashman



"Justices to weigh orders of protection; Court to decide if police are liable": Marcia Coyle has this article in today's issue of The National Law Journal.
Posted at 09:04 AM by Howard Bashman



"The Court, And Foreign Friends, As Constitutional Convention": Stuart Taylor Jr. has this essay today in National Journal.
Posted at 08:24 AM by Howard Bashman



"The Byrd Option: The former Senate leader knew how to break a filibuster." This editorial appears today in The Wall Street Journal.
Posted at 08:22 AM by Howard Bashman



"Specter validates GOP fears": Columnist Robert Novak has this essay today in The Chicago Sun-Times.
Posted at 06:48 AM by Howard Bashman



"Lefkow case gets TV aid; Authorities hope 'Most Wanted' can help generate clues" This article appears today in The Chicago Tribune.

The Chicago Sun-Times contains an article headlined "'Not locked into any one theory.'" The article reports that "In a new development, white supremacist Hal Turner is urging readers of his Web site to post home addresses and photos of three appeals court judges on the Internet because they have ruled against Hale, too."

In related coverage, The Milwaukee Journal Sentinel reports today that "Supremacist blames local judge; Coffey overturned Chicago ruling in case that may have led to murders."

And The St. Petersburg Times reports that "Chicago slayings rattle judges; While no Tampa Bay area jurist ever has been murdered, some have been harassed, followed and publicly threatened."
Posted at 06:45 AM by Howard Bashman




In the March 14, 2005 issue of The New Yorker: In The Talk of the Town, Hendrik Hertzberg has an essay entitled "Nuke 'em," while Jeffrey Toobin has an essay entitled "Reprieve."
Posted at 06:35 AM by Howard Bashman


Sunday, March 06, 2005


"Parties Map Out Strategies as Filibuster Fight Looms": Monday's edition of The New York Times will contain an article that begins, "Republicans and Democrats are preparing intently behind the scenes in anticipation of a Senate floor showdown over Democratic opposition to President Bush's conservative judicial candidates, a procedural clash with the potential to throw the Senate into turmoil."
Posted at 11:42 PM by Howard Bashman



"Kennedy Reversal Swings Court Against Juvenile Death Penalty": Charles Lane will have this article Monday in The Washington Post.
Posted at 11:00 PM by Howard Bashman



"Pocket Knife Almost Derailed Lawyer At Supreme Court": Yesterday's issue of The Day of New London, Connecticut contained an article that begins, "A lawyer for Fort Trumbull homeowners in the Kelo v. New London property rights case said he almost missed his day before the U.S. Supreme Court when airport security officials found a pocket knife in his carry-on bag."
Posted at 10:23 PM by Howard Bashman



"When Killing a Juvenile Was Routine": This graphic appears today in the Week in Review section of The New York Times.
Posted at 10:22 PM by Howard Bashman



"Tulsa race riot case to the Court": Lyle Denniston has this post online at "SCOTUSblog."
Posted at 10:10 PM by Howard Bashman



The Houston Chronicle is reporting: Today's newspaper contains an article headlined "Legal maverick back in spotlight; Craig Washington's novel tactics for truck driver in human-smuggling case may be heard by Supreme Court."

And in other news, "Turnout skews juries' makeup; Lower rates for poorer minorities raise questions on system's fairness" and "Work, other issues take priority for some; Some residents in poorer areas say they can't afford to lose a day's worth of pay."
Posted at 10:01 PM by Howard Bashman




"At a Suit's Core: Are Bloggers Reporters, Too?" This news analysis will appear Monday in The New York Times.
Posted at 09:55 PM by Howard Bashman



"Davis takes reprimand spat to the Web": The Bryan-College Station Eagle today contains an article that begins, "Three years after he became the first district judge in Brazos County history to receive a public reprimand from the state, Rick Davis began a campaign last week to change the law concerning how judges are investigated and sanctioned."

The judge's web site, titled "The Texas Inquisition," can be accessed at this link.
Posted at 09:05 PM by Howard Bashman




"Whose Constitution Is It Anyway? The execution of minors shouldn't ride on the justices' personal whims." Law Professor Douglas W. Kmiec has this op-ed today in The Los Angeles Times.

And today in The Boston Globe, columnist Jeff Jacoby has an op-ed entitled "A phony 'consensus' on youthful killers."
Posted at 09:04 PM by Howard Bashman




"TV show could help probe into killing of judge's family, official says": This article will appear Monday in The Chicago Tribune.
Posted at 08:48 PM by Howard Bashman



"Firms Taking Action Against Worker Blogs": The Associated Press provides this report.
Posted at 08:42 PM by Howard Bashman



"Judge pays fine in airport case": Saturday's edition of The Harrisburg Patriot-News contained an article that begins, "Supreme Court Justice Thomas G. Saylor Jr. said yesterday he paid a $750 fine for trying to sneak a pocketknife on board an airplane last month at Harrisburg International Airport."
Posted at 08:35 PM by Howard Bashman



"Too Young to Die: The Supreme Court nixes the juvenile death penalty; What that says about the Justices' thinking--and ours." This article will appear in the March 14, 2005 issue of Time magazine.
Posted at 07:08 PM by Howard Bashman



"The Bench Under Siege: Threats are part of judges' lives; But a ruthless attack on one family in their Chicago home tests the whole system." The March 14, 2005 issue of Time magazine will contain this article.

The Associated Press is reporting that "Police Get Tips in Judge's Kin Slayings" and "Hale's Parents Want To See Their Son."

And Monday's edition of The Milwaukee Journal Sentinel will contain an editorial entitled "A crime beyond heinous."
Posted at 07:05 PM by Howard Bashman




"Holy Moses! US agonises over display of Ten Commandments." This article appears today in The Independent (UK).

The Arkansas Democrat-Gazette today contains an editorial entitled "The Big Ten: An unholy mess."

The Portland (Me.) Press Herald contains an editorial entitled "Religious creeds don't belong on public grounds."

In the March 14, 2005 issue of The Weekly Standard, Terry Eastland has an essay entitled "They Shalt Not."

Today in The Boston Globe, Ellen Goodman has an essay entitled "Monuments to God or history?"

In The St. Petersburg Times, Philip Gailey has an essay entitled "U.S. a Christian nation? Not exactly."

In The Arizona Republic, E.J. Montini has an essay entitled "Thou shalt not make a mockery of a monument."

In The Baltimore Sun, Joshua O. Haberman has an op-ed entitled "Best way to display Ten Commandments."

In The Montgomery Advertiser, James L. Evans has an essay entitled "Ten reasons against public Scripture displays."

In The Milwaukee Journal Sentinel, The Rev. Dr. Gerald B. Kieschnick has an essay entitled "Church, state aren't totally separate."

Yesterday in The Toledo Blade, Rose Russell had an essay entitled "Let Commandments remain on public sites."

And last Monday in The Philadelphia Inquirer, Jane Eisner had an essay entitled "Posting Ten Commandments unlikely to have desired effect."
Posted at 02:40 PM by Howard Bashman




"The Senate on the Brink": The New York Times today contains an editorial that begins, "The White House's insistence on choosing only far-right judicial nominees has already damaged the federal courts. Now it threatens to do grave harm to the Senate."
Posted at 12:05 PM by Howard Bashman



"Quiet judge persists in Schiavo maelstrom; Circuit Judge George Greer, who is regularly reviled and travels with security, is not the man his critics might suspect": This article appears today in The St. Petersburg Times.
Posted at 12:04 PM by Howard Bashman



"Wrong on All Counts": Today in The Washington Post, columnist George F. Will has an op-ed that begins:
In 1992, before delivering the Supreme Court's ruling in an abortion case, Justice Anthony Kennedy stood with a journalist observing rival groups of demonstrators and mused: "Sometimes you don't know if you're Caesar about to cross the Rubicon or Captain Queeg cutting your own tow line." Or perhaps you are a would-be legislator, a dilettante sociologist and a free-lance moralist, disguised as a judge.
You can access the complete op-ed at this link.
Posted at 07:22 AM by Howard Bashman



"Fight over judges about to 'blow up'": The San Jose Mercury News contains this article today.

And The Pittsburgh Tribune-Review today contains an editorial entitled "Challenging filibusters: Pull the trigger, GOP."
Posted at 07:20 AM by Howard Bashman




"Judge's Slain Husband Mourned; Amid rigid security, hundreds come to pay respects to the spouse of Joan Humphrey Lefkow": This article appears today in The Los Angeles Times.

The Chicago Sun-Times contains articles headlined "Lefkow eulogized as friend of underdog" and "Artist puts faces on 2 seen near home." Also, columnist Mary Mitchell has an essay entitled "Standing up to the evil that threatens to overwhelm us."

The Chicago Tribune contains articles headlined "'We are all shaken'; Hundreds grieve for a judge's husband, slain in what many fear was an act of terror on American justice" and "Judges' security gets harsh look; U.S. marshals fall short in many cases, 2004 report asserts." In addition, columnist Mary Schmich has an essay entitled "Judicial even when the heart is ripped apart," while columnist John Kass has an essay entitled "Killings were public--so, too, is family's loss."

And The Daily Herald of suburban Chicago contains articles headlined "A somber farewell" and "Security tight for Lefkow's funeral."
Posted at 07:15 AM by Howard Bashman




"Taking a Road Less Traveled in the High Court; Justice Kennedy, chosen as a conservative, has made decisions that echo the liberal Warren era": David G. Savage has this article today in The Los Angeles Times.
Posted at 07:05 AM by Howard Bashman



"For judges, their families, threats are a part of life": The Sunday Gazette-Mail of Charleston, West Virginia contains this article today.
Posted at 12:24 AM by Howard Bashman


Saturday, March 05, 2005


"Busting the filibuster: An explosive proposal." This article will appear Sunday in The Minneapolis Star Tribune.
Posted at 11:40 PM by Howard Bashman



"White power's new face; Shocking murders of judge's husband and mother point up Internet's potential for breeding 'lone wolf' supremacists": Sunday's edition of The San Francisco Chronicle will contain this article.
Posted at 11:35 PM by Howard Bashman



"The Brutal Price of Justice: A judge finds her husband and mother murdered; Was it a random crime, or white supremacists out for revenge?" This article will appear in the March 14, 2005 issue of Newsweek.

And The Los Angeles Times offers a news update headlined "Amid Tight Security, Judge's Slain Husband Mourned."

The murders were a subject of tonight's broadcast of "America's Most Wanted."
Posted at 10:45 PM by Howard Bashman




"Go Ahead. Test a Lawyer's Ingenuity. Try to Limit Damages." Adam Liptak will have this article Sunday in the Week in Review section of The New York Times.
Posted at 10:18 PM by Howard Bashman



Peter Blumberg of The Daily Journal is reporting: On Friday, he had two articles of note. The first, headlined "Litigator's Banishment Was Going Too Far, Circuit Rules," reports on this ruling that the U.S. Court of Appeals for the Ninth Circuit issued on Thursday. Blumberg's article begins, "A federal appeals panel Thursday saved a nationally prominent civil defense specialist from becoming the first lawyer permanently barred from making pro hac vice appearances in a federal district court." It's far from clear to me that the lawyer for Ford Motor Company should have been subject to sanctions for the conduct described in the opinion.

Blumberg's second article, headlined "Couple Who Fear Daughter's Mutilation Will Get Rehearing," reports on the Ninth Circuit's grant of rehearing en banc Thursday in a case that produced this divided three-judge panel opinion. In other coverage, The Metropolitan News-Enterprise reported yesterday that "Couple Claiming Fear of Daughter's Mutilation Gain En Banc Review of Ruling Denying Asylum Claim."
Posted at 09:05 PM by Howard Bashman




"Tobacco going on trial in first Inland lawsuit": This article appears today in The Press-Enterprise of Riverside, California.
Posted at 08:50 PM by Howard Bashman



"Judges Call for More Protection in Wake of Murders": This evening's broadcast of NPR's "All Things Considered" included this segment (RealPlayer required).
Posted at 08:33 PM by Howard Bashman



"Family, friends say farewell to Michael Lefkow": The Chicago Tribune provides this news update.
Posted at 08:22 PM by Howard Bashman



"Rule Change Lets C.I.A. Freely Send Suspects Abroad to Jails": Sunday's issue of The New York Times will contain this article.
Posted at 08:21 PM by Howard Bashman



"Hate groups may be deadlier now, experts say": This article appears today in The St. Louis Post-Dispatch.
Posted at 05:33 PM by Howard Bashman



"Newdow pays custody legal fees": Today's edition of The Sacramento Bee contains an article that begins, "Michael Newdow, who gained national prominence for trying to remove 'under God' from the Pledge of Allegiance, paid $320,000 of his ex-girlfriend's attorney fees Friday, complaining that he should not have to finance her fight for their daughter's custody."
Posted at 03:30 PM by Howard Bashman



"Court revives suit against airline by HIV-positive job applicants": Josh Richman of The Oakland Tribune has this article today.

And Bob Egelko of The San Francisco Chronicle reports that "3 men can sue in HIV bias case; Airline pulled offers of jobs, saying they concealed status."
Posted at 03:28 PM by Howard Bashman




"Killings Put Focus on Judges' Safety": The Associated Press provides this report from Chicago.
Posted at 03:24 PM by Howard Bashman



"Apple confronts three bloggers before judge; Leaked information at issue": This article appears today in The San Jose Mercury News.

The New York Times reports today that "Apple Asks Judge to Order Web Sites to Name Sources."

The San Francisco Chronicle reports that "Free speech case opens; Apple tries to track source of leak of new design on Web."

And BBC News provides a report headlined "'Blogger fear' in Apple leak case; Three blogs which published sensitive information about upcoming Apple products could be made to disclose where the leaks came from."
Posted at 01:55 PM by Howard Bashman




"Security High at Judge's Husband's Funeral": The Associated Press provides this report from Chicago.

And The Chicago Tribune offers a news update headlined "'This family is shattered'; Hundreds gather to mourn a judge's husband and mother, killed in what many fear was an act of terror against the U.S. justice system."
Posted at 11:52 AM by Howard Bashman




"Man facing 26 years for lying wins hearing": Reuters reports here that "A California man sent to prison for 26 years for lying on a driver's license application has won a new hearing in a case that revived debate over the state's 'three strikes' law, which imposes lengthy terms on repeat offenders."

And in today's edition of The San Francisco Chronicle, Bob Egelko has an article headlined "Second chance in '3 strikes' case; Judges grant hearing to man who took cousin's license exam."

I first noted yesterday's ruling of the U.S. Court of Appeals for the Ninth Circuit in a post you can access here.
Posted at 10:00 AM by Howard Bashman




"The Joy of Federalism": Franklin Foer will have this essay in tomorrow's issue of The New York Times Sunday Book Review.
Posted at 08:25 AM by Howard Bashman



"Death Row Often Means a Long Life; California condemns more murderers than any state but Texas, yet it accounts for only 1% of the nation's executions; Today, 640 inmates await the penalty": This article will appear Sunday in The Los Angeles Times.
Posted at 08:20 AM by Howard Bashman



"Did Racist's Hatred for Judge Lead to Murder? A Chicago jurist whose husband and mother were slain had endured two years of taunting." The Los Angeles Times contains this article today.

The Chicago Tribune reports today that "$50,000 Lefkow reward offered; Bush checks status of murder probe daily." The newspaper also contains an editorial entitled "Matt Hale's crocodile tears."

The Chicago Sun-Times reports that "Bush is briefed about Lefkow case."

The Minneapolis Star Tribune reports that "Judges work in shadow of violence."

The Grand Rapids Press reports that "Judges face risk with aplomb."

And The Associated Press reports that "Funeral Today For Slain Husband Of Federal Judge; Judge Joan Lefkow In Protective Custody After Murders."
Posted at 08:12 AM by Howard Bashman



Friday, March 04, 2005


"More than 100 people interviewed in murders of judge's family": This article will appear Saturday in The Chicago Tribune.
Posted at 11:22 PM by Howard Bashman



Available online from law.com: Tony Mauro has articles headlined "The Next Chief Justice No Longer? Kennedy's 'Roper' stance seen as hurting his chances of heading the Supreme Court" and "Turf War Erupts Over Supreme Court Petitions."

In other news, "Texas Expected to Commute 28 Death Sentences to Life in Prison; U.S. Supreme Court says executing juvenile offenders unconstitutional."

In news from California, Jeff Chorney has articles headlined "Two Theories Too Many, Says Calif. Supreme Court; Justices flip death sentence, flog prosecutor" and "Calif. Supremes Toss Varian Verdict, Order New Trial."

Shannon P. Duffy reports that "3rd Circuit Denies Shooting Victim's Appeal in Wal-Mart Suit."

And Joshua Spivak has an essay entitled "Judicial Nomination Battles Are Not New."
Posted at 11:20 PM by Howard Bashman




"On death penalty, Scalia's consistency shines": The Boston Globe yesterday posted online this essay by Thomas Oliphant.
Posted at 10:57 PM by Howard Bashman



"Gonzales Talks Martha, Judicial Nominees": FOXNews.com provides this report.
Posted at 10:55 PM by Howard Bashman



"The new religious wars": Michael Kirkland, UPI legal affairs correspondent, has this essay today.
Posted at 10:54 PM by Howard Bashman



"F.B.I. Agents Seize Letters From Supremacist's Friend": This article will appear Saturday in The New York Times.
Posted at 10:52 PM by Howard Bashman



"Tuesday hearing is set on cross; Council meeting moved to accommodate crowd": The San Diego Union-Tribune yesterday contained an article that begins, "San Diego City Attorney Michael Aguirre and Councilman Scott Peters say the Mount Soledad cross should be moved to end a long legal battle."
Posted at 10:50 PM by Howard Bashman



"Bid to Put Restoration of Cross on County Seal to a Vote Fails": Yesterday's edition of The Los Angeles Times contained an article that begins, "A petition drive for a ballot measure to reinstate the old Los Angeles County government seal, with its controversial gold cross, has collapsed."
Posted at 10:44 PM by Howard Bashman



U.S. District Judge John D. Tinder (S.D. Ind.) answers ten questions: The blog "Underneath Their Robes" offers the first half of Judge Tinder's "20 questions" interview at this link.
Posted at 08:55 PM by Howard Bashman



"Court Backs 3-Oxen Dowries": The blog "iowahawk" anticipates what the U.S. Supreme Court may still have up its sleeve.
Posted at 08:42 PM by Howard Bashman



"A side issue in Moussaoui -- or might it be the main event?" At "SCOTUSblog," Lyle Denniston offers this post, in which he links to Zacarias Moussaoui's reply brief in support of the petition for writ of certiorari.
Posted at 08:24 PM by Howard Bashman



Evan Schaeffer offers some blogging advice for Seventh Circuit Judge Richard A. Posner: You can access the advice here and Judge Posner's blog here.
Posted at 06:25 PM by Howard Bashman



"L.A. death sentence is reversed; Prosecutor told two juries that different defendants did killing" Claire Cooper, legal affairs writer for The Sacramento Bee, has this article today.

In The San Francisco Chronicle, Bob Egelko reports that "Justices rule against differing facts at trials."

Maura Dolan of The Los Angeles Times reports that "High Court Condemns Conduct of Prosecutor."

The Daily Journal reports that "Court Tosses One of Two Death Verdicts; Prosecutor Argued Different Theories In the Same Crime."

And Metropolitan News-Enterprise reports that "Death Sentence Overturned Over Ipsen's Inconsistent Arguments."

You can access yesterday's ruling of the Supreme Court of California at this link.
Posted at 06:10 PM by Howard Bashman




"U.S. asks court to reconsider tobacco case penalty": Reuters provides this report.
Posted at 05:52 PM by Howard Bashman



Accommodations for the disabled when delivering oral argument at the U.S. Supreme Court: A reader emails to note that, at the conclusion of Texas Attorney General Greg Abbott's oral argument in the Ten Commandments case, presiding Justice John Paul Stevens is quoted in the oral argument transcript as stating, "General Abbott, I want to thank you for your argument and also for demonstrating that it's not necessary to stand at the lectern in order to a fine job. Thank you."

A photograph of Attorney General Abbott on his office's web site depicts him in a wheelchair, and his biography available there states that "Shortly after graduation [from law school], he was partially paralyzed by a falling tree while jogging."

Thus, I assume that's what Justice Stevens is referring to, and not that Attorney General Abbott for rhetorical emphasis delivered the oral argument from a perch near the frieze depicting the Ten Commandments inside the oral argument chamber.

Update: This article reporting on the oral argument published in The Fort Worth Star-Telegram confirms the point: "The 47-year-old attorney general, who was partially paralyzed when he was struck by a falling tree while jogging two decades ago, made his arguments from his wheelchair. Stevens told Abbott that his presentation demonstrated 'that it's not necessary to stand at the lectern in order to do a fine job.'"
Posted at 05:20 PM by Howard Bashman




Unanimous three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit rejects constitutional challenge to Georgia law requiring incarcerated felons to submit DNA sample for felon DNA database: You can access today's ruling at this link.
Posted at 05:00 PM by Howard Bashman



"Dropping bomb to halt filibusters": Columnist Jules Witcover has this op-ed today in The Baltimore Sun.

Also, Steve and Cokie Roberts have an essay entitled "In judicial picks, will Bush unite or divide?"
Posted at 04:44 PM by Howard Bashman




"Court Allows HIV Lawsuit Against American Airlines": Reuters provides this report on an interesting ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 04:35 PM by Howard Bashman



"The most powerful man in Washington? The substitute for Robert Bork, Kennedy has wielded immense power in his years on the court." Tom Curry, national affairs writer for MSNBC, has this essay today.
Posted at 04:10 PM by Howard Bashman



Transcript of U.S. Supreme Court oral argument in Texas Ten Commandments case is available online: Via The Associated Press, you can access the transcript online at this link.

Update: The AP has also posted at this link the oral argument transcript in the companion case from Kentucky.
Posted at 03:24 PM by Howard Bashman




"FBI Offers Reward for Ill. Killing Info": The Associated Press provides this report.

The Chicago Tribune reports that "Reward offered for information in killing of judge’s relatives."

The Chicago Sun-Times reports that "Top officials join probe of killings."

And cbs2chicago.com reports that "Judge Lefkow And Family Issue Statement."
Posted at 03:05 PM by Howard Bashman




Two noteworthy rulings from Seventh Circuit Judge Richard A. Posner: Today, the Seventh Circuit has issued an opinion by Judge Posner explaining why the phrase "constructive amendment of the pleadings" must be banished from the lexicon in civil cases pending in federal court.

And in an opinion issued yesterday, Judge Posner included an interesting passage in which he explains that "The law is not finders keepers":

Wausau has an alternative theory of entitlement to the return of the $239,132 that it sent the defendants in error: restitution for money paid by mistake. The defendants argue that it was a careless mistake and therefore restitution should be denied. There is no "therefore." Probably the mistake was careless; but the law does not permit a person to keep money that he has received by mistake, just because the mistake is careless. Such a rule would make people too careful, penalizing them for mistakes that caused nobody any harm and so should not be penalized at all--the defendants do not argue that having to return their windfall will cause them harm beyond the natural disappointment that one is bound to feel at having to cough up money to someone else, for whatever reason. The law is not finders keepers, unless the property found has been abandoned, which is to say deliberately relinquished, not merely lost or misplaced. It would be absurd to suppose that if Wausau owed the defendants $1 and by the careless mistake of one of its clerks issued them a check for $1 million, they could keep the $1 million because the mistake was a careless one. But that is their argument.
(citations omitted).
Posted at 02:45 PM by Howard Bashman


"However much individual judges chafe at the Supreme Court's decisions in Ewing and Andrade or the electorate's continuing and clear expression of support for tough treatment of repeat offenders, our obligation is to apply the law which the Supreme Court upheld in Andrade and Ewing." So writes Circuit Judge Richard C. Tallman in dissenting from a three-judge panel's ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.

The author of today's majority opinion is none other than Circuit Judge Harry Pregerson, whose antipathy toward the U.S. Supreme Court's three-strikes rulings (available online here and here) was previously the subject of an op-ed of mine that The Los Angeles Times published in June 2003. The circumstances discussed in that op-ed are described in more detail in this blog post from May 2003.
Posted at 02:11 PM by Howard Bashman




The Fifth Circuit speaks!! The U.S. Court of Appeals for the Fifth Circuit issued this decision today. According to a correspondent, "The Fifth Circuit this morning issued its first opinion interpreting and applying U.S. v. Booker. The Fifth Circuit basically sides with the approach taken by the Eleventh and First Circuits." (Thanks to Law Professor Douglas A. Berman for the inspiration for this post's title.)
Posted at 01:50 PM by Howard Bashman



"Big Ten: Can the Supreme Court find a middle ground between church and state?" Law Professor Jeffrey Rosen will have this essay in the March 14, 2005 issue of The New Republic.
Posted at 12:38 PM by Howard Bashman



"U.S. Supreme Court pre-empts legislators": Today in The Arizona Republic, columnist Robert Robb has an essay that begins, "In striking down the death penalty for those under the age of 18, the U.S. Supreme Court continued its transformation from a court into a super legislature, if that process is not by now complete. I say that as an opponent of the death penalty who believes it should be abolished entirely."
Posted at 12:28 PM by Howard Bashman



"Filibustering the Truth": Judd Legum and Christy Harvey will have this essay in the March 21, 2005 issue of The Nation.
Posted at 12:24 PM by Howard Bashman



"What is Richard Posner So Afraid Of? The high cost of the falling sky." Reason has posted online this essay by Ronald Bailey.

And the March 24, 2005 issue of The New York Review of Books will contain a review entitled "Very Bad News", written by Clifford Geertz, of Seventh Circuit Judge Richard A. Posner's book, "Catastrophe: Risk and Response."

Back in January 2005, The New York Times Sunday Book Review published this review of the book, as I noted then in a post that you can access here.
Posted at 12:20 PM by Howard Bashman




"To Love, Honor, and Be Gay: How the state Supreme Court will decide whether gay marriage can be illegal in Washington." The current issue of Seattle Weekly contains this article.
Posted at 12:02 PM by Howard Bashman



"Apple 1, bloggers 0: Judge says web sites can be forced to reveal sources." This article appears today in The San Jose Mercury News.

The Electronic Frontier Foundation offers additional information about the case.
Posted at 11:50 AM by Howard Bashman




"How can society assure security and remain free?" Today in The Chicago Sun-Times, columnist Debra Pickett has this essay.
Posted at 11:20 AM by Howard Bashman



"Courts Gird for Likely Impact of Sentencing Appeals, Class Action Lawsuits": The Administrative Office of the United States Courts issued this news release today. According to this backgrounder that I've also uploaded, the U.S. Supreme Court's Sentencing Guidelines ruling in United States v. Booker is "projected to raise costs for the judiciary by an estimated $91.3 million."
Posted at 11:14 AM by Howard Bashman



"Court: Breath test valid despite tongue stud; Woman had challenged 2001 drunken-driving arrest." This article appears today in The Indianapolis Star. You can access Wednesday's ruling of the Supreme Court of Indiana at this link.
Posted at 10:05 AM by Howard Bashman



"Judicial Nominees Face Showdown in the US Senate": Yesterday's broadcast of Public Radio International's "To the Point" program contained this lengthy segment (RealPlayer required).
Posted at 09:50 AM by Howard Bashman



"Digital Future: Copyright Law in Cyberspace." Yesterday evening, Law Professor Lawrence Lessig delivered a quite entertaining talk on this subject at the Library of Congress. Thanks to C-SPAN, you can view Professor Lessig's talk online by clicking here (RealPlayer required).
Posted at 09:45 AM by Howard Bashman



"Thou Shalt Make No Sense: Commandments and confused jurisprudence." Rich Lowry has this essay today at National Review Online.
Posted at 09:35 AM by Howard Bashman



So this is Movable Type?
Overnight, this blog's software publishing platform changed from Blogger to Movable Type, a change that I foreshadowed here and here.

As with any new endeavor, there are a few issues that remain to be ironed out. If the new format isn't working as well as the old format for you, let me know why and I'll see if there's anything I can do to address the matter.

One change that I've noticed is that MT lacks its own internal spell-checker, so be assured that from this point forward spelling will be much wurst.
Posted at 09:30 AM by Howard Bashman




Decalogue blog: The Toledo Blade reports today that "Fate of courthouse tablets linked to ACLU attorney; UT speaker argued case before high court."

The Richmond Times-Dispatch reports that "Students have supreme time; Local group takes in Ten Commandments cases before justices."

From Indiana, The Princeton Daily Clarion reports that "Princeton native carved county's Decalogue."

The Birmingham News contains an editorial entitled "Ten Commandments without Roy Moore."

The Cincinnati Enquirer contains an editorial entitled "Ky. wrong in Commandments case."

The Atlanta Journal-Constitution contains an editorial by former U.S. Senator Zell Miller entitled "Rules for life ought to be in full view."

And in The Washington Times, Cal Thomas has an op-ed entitled "Supreme Judge and the Supreme Court."
Posted at 07:15 AM by Howard Bashman




"Frist won't show hand on Senate rules decision": This article appears today in The Knoxville News Sentinel.

The New York Post today contains an editorial entitled "Radioactive Politics."

In The Washington Post, U.S. Senator Robert C. Byrd (D-WV) has an op-ed entitled "'Nuking' Free Speech."

And online at The Weekly Standard, Hugh Hewitt has an essay entitled "Byrd Droppings: Have the Democrats already lost the filibuster fight?"
Posted at 07:05 AM by Howard Bashman




"Senate panel grills N.C. judicial choice; Boyle's civil rights record and number of higher reversals at issue": The Charlotte Observer contains this article today.

The News & Observer of Raleigh, North Carolina reports today that "Boyle defends rights rulings; Judge finally gets hearing for post."

The Winston-Salem Journal reports that "Senators ask Boyle about his record; Federal judge gets a confirmation hearing after waiting 14 years."

And The Washington Times reports that "Judicial pick Boyle gets hearing after 4-year wait."
Posted at 06:55 AM by Howard Bashman




"$50,000 offered for Lefkow leads": The Chicago Sun-Times today contains an article that begins, "Authorities are expected to announce a $50,000 reward today in their investigation into the killing of federal Judge Joan Lefkow's husband and mother."

The Chicago Tribune today contains articles headlined "Hale calls murders 'heinous'; Police quiz supporters; hate groups regard him as living martyr" and "Friends, strangers write words from the heart." In addition, columnist John Kass has an essay entitled "You be the judge of Schakowsky's true intentions."

The Los Angeles Times reports that "Agents Target Followers of Supremacist; Investigators release sketches of two men wanted for questioning in the Chicago slayings of a federal judge's husband and mother."

USA Today reports that "Chill passes through courthouse; Shootings at judge's home heighten fears for colleagues."

The Rocky Mountain News reports that "Inmate blasts Chicago killings; White supremacist denies role in slaying of federal judge's kin."

And The Topeka Capital-Journal reports that "Judge's mother had Kansas ties; Clues sought in slaying of family."
Posted at 06:44 AM by Howard Bashman



Thursday, March 03, 2005


"N.C. Judge Tries Again for Federal Seat": Jesse J. Holland of The Associated Press provides this report.

And FOX News reports that "Boyle Battle Highlights Judicial Nominee Fight."
Posted at 11:24 PM by Howard Bashman




"Man in Plot to Kill Judge Says Slayings Are 'Heinous'": This article will appear Friday in The New York Times.
Posted at 11:10 PM by Howard Bashman



"Sears elected chief justice of Georgia Supreme Court": The Atlanta Journal-Constitution contains this article today.
Posted at 11:05 PM by Howard Bashman



"White supremacist said judge's life was not in danger in papers filed before murders": This article will appear Friday in The Chicago Tribune.

The Associated Press reports that "Killing of judge's family focuses attention on NJ radio host."

And CNN.com reports that "Extremists applaud murder of judge's relatives."
Posted at 09:10 PM by Howard Bashman




"European justice rules top U.S. court": Debra J. Saunders has this essay today in The San Francisco Chronicle.
Posted at 06:12 PM by Howard Bashman



"How judges cope with everyday threats on the job": This article will appear Friday in The Christian Science Monitor.
Posted at 06:05 PM by Howard Bashman



"White Supremacist Denies Link to Killings": The Associated Press provides this report from Chicago.
Posted at 04:45 PM by Howard Bashman



Access online a copy of the federal government's brief in opposition to Zacarias Moussaoui's petition for writ of certiorari filed in the U.S. Supreme Court: A copy of the federal government's redacted brief in opposition can be accessed at this link. Back in January 2005, I posted online here (very large PDF file) a redacted copy of Moussaoui's cert. petition.
Posted at 04:24 PM by Howard Bashman



"Smackdown Over Tribe": Over at "The Volokh Conspiracy," "Juan Non-Volokh" has a link-rich post that begins, "Ramesh Ponnuru and Tom Goldstein continue to duke it out over whether Larry Tribe presented a fictional account of his argument in the Richmond Newspapers case."
Posted at 04:15 PM by Howard Bashman



"Nuclear Options and Term Limits in the Judicial Wars: What Will It Take to Overcome the Impasse?" Law Professor Rick Hasen has this post today at his blog.
Posted at 02:40 PM by Howard Bashman



View live online this afternoon's judicial confirmation hearing in the Senate Judiciary Committee: You can access the live feed by clicking here (RealPlayer required). The hearing is scheduled to start at 2 p.m. eastern time.
Posted at 01:57 PM by Howard Bashman



U.S. Congressman seeks both the division and the unification of the U.S. Court of Appeals for the Ninth Circuit: Yesterday, Representative Mike Simpson (R-ID) -- one of Congress's leading proponents of legislation that would split the Ninth Circuit into three parts -- introduced a bill (HR 1064) that would require the Ninth Circuit, when hearing and deciding cases en banc, to have all judges in regular active service participate.

Thus, instead of reporting on 6-5 en banc Ninth Circuit rulings, I might sometime soon be reporting on 14-13 en banc Ninth Circuit rulings (or perhaps a 10-9-8 three-way plurality ruling would be fun). Thanks much to Representative Simpson's office for providing me with a copy of the bill.
Posted at 01:50 PM by Howard Bashman




"Bush has made spent fuel of Frist's 'nuclear option'": The Hill yesterday published this essay by Dick Morris.
Posted at 12:42 PM by Howard Bashman



Available online from The New Republic: Will Baude has an essay entitled "Low Opinion: The use of international law in Roper made no sense," while David Fontana has an essay entitled "Foreign Exchange: The use of international law in Roper will benefit U.S. foreign policy."
Posted at 12:40 PM by Howard Bashman



Access online the Petition for Writ of Certiorari that the federal government filed on Monday in the U.S. Supreme Court asking for review of the ruling of the U.S. Court of Appeals for the Third Circuit declaring the Solomon Amendment unconstitutional: I have posted a copy of the cert. petition online at this link. Thanks much to the reader who so kindly forwarded an electronic copy of the cert. petition to me.

Update: Another reader emails to note why this case is enjoyable. According to the petition at page 10, the case involves "the receipt of federal funs."
Posted at 11:40 AM by Howard Bashman




"A Lawyer's Unlikely Journey Up the Legal Ladder": Today in The New York Times, Ralph Blumenthal has an article that begins, "Win or lose, Thomas Van Orden savored the moment Wednesday as the lawsuit he brought here three years ago was preoccupying the highest judges of the land in Washington."
Posted at 11:00 AM by Howard Bashman



Today's the day: The Los Angeles Times today contains a front page article by Maura Dolan headlined "Is Justice Done in 2 Versions? A California murder case in which two juries were told differing accounts of events raises concerns about fairness, ethics and tactics."

The Supreme Court of California is scheduled to announce its ruling on the merits of the matter at 1 p.m. eastern time today.

Update: You can access today's ruling at this link.
Posted at 10:30 AM by Howard Bashman




Today's Senate Judiciary Committee judicial confirmation hearing is scheduled to begin at 2 p.m.: Fourth Circuit nominee Terrence W. Boyle will be the central focus of today's hearing. Two U.S. District Court nominees are also scheduled to appear, including U.S. Magistrate Judge James C. Dever III, who thanks to former U.S. Senator John Edwards (D-NC) may currently qualify as the longest-delayed federal district court nominee.
Posted at 10:02 AM by Howard Bashman



"Justices Rule Spy Contract Is Not Valid": Linda Greenhouse has this article today in The New York Times.

In The Washington Post, Charles Lane reports that "Justices Rule Spies Cannot Sue U.S. Over Deals; 9 to 0 Decision Affirms Agencies' Leeway in Hiring Foreign Agents."

In The Los Angeles Times, Henry Weinstein reports that "2 Recruited to Spy for U.S. Can't Sue CIA, Justices Say; The government would be vulnerable to 'graymail' if such litigation were allowed, Supreme Court rules."

Michael McGough of The Pittsburgh Post-Gazette reports that "Ex-spies barred from suing CIA over broken promises."

BBC News reports that "US spies 'cannot sue government'; Spies cannot take the US government to court for allegedly reneging on their contracts, the Supreme Court has said."

And on today's broadcast of NPR's "Morning Edition," Nina Totenberg had a segment entitled "High Court Rules Ex-Spies Cannot Sue CIA."
Posted at 10:00 AM by Howard Bashman




"Michael Francis Lefkow, 64; Attorney fought for social justice": The Chicago Tribune has published this obituary today. I have collected additional recent news coverage of the slayings in posts that can be accessed here and here.
Posted at 09:55 AM by Howard Bashman



"The Supreme Court Strikes Down the Death Penalty For Juvenile Offenders: A Morally Good Result, Supported by Less-Than-Convincing Legal Reasoning." FindLaw commentator Edward Lazarus has this essay today.
Posted at 07:28 AM by Howard Bashman



"Display of Scripture May Split Justices": David G. Savage has this article today in The Los Angeles Times.

Jan Crawford Greenburg of The Chicago Tribune reports that "Court debate of biblical proportions; 10 Commandments displays at issue."

Joan Biskupic of USA Today reports that "Commandments cases may hinge on 1 high court justice; 'It's so hard to draw the line,' O'Connor says during hearing."

The Boston Globe reports that "Justices weigh Commandments case; Debate suggests court won't render definitive ruling."

The Washington Times reports that "Religious displays debated in court."

The Baltimore Sun reports that "Justices weigh government-religion issues in Ten Commandments cases; Public display of biblical laws: Endorsement or fact of history?"

The Austin American-Statesman reports that "High Court hears arguments in Ten Commandments cases; Justices ask probing questions of lawyers on both sides."

The Houston Chronicle contains articles headlined "Texas case before high court could redefine church, state; Justices weighing historical ties vs. endorsing religion" and "Capitol monument got its start in movie promotion; Cecil B. DeMille's 'Ten Commandments' went from film to stone."

The Dallas Morning News reports that "Dallas has its own granite Decalogue."

The Fort Worth Star-Telegram reports that "Justices hear cases on Ten Commandments."

The Herald-Sun reports that "Duke prof presents plaintiff's case to court."

The Louisville Courier-Journal reports that "High court seeks line between law, religion; Kentucky case brings hundreds to Washington."

Michael McGough of The Pittsburgh Post-Gazette reports that "Court tackles religious displays."

The New York Sun reports that "10 Commandments Frustrate Court."

The News & Observer of Raleigh, North Carolina reports that "Ten Commandments cases go before high court; Justices debate legality of Texas, Kentucky displays."

The Cox News Service reports that "Ten Commandments in court's hands; Justices to decide fate of public display of tablets."

The Tennessean reports that "With displays in courthouses, state apt to feel fallout of high court ruling."

The Detroit News reports that "Commandments stir supreme debate; Michigan residents voice mixed opinions about public displays as top court takes up issue."

And The Arizona Republic reports that "Monument at Capitol stirs debate; Church-state quandary at high court."

Also today, The Washington Post contains an editorial entitled "Commandments in Context."
Posted at 07:10 AM by Howard Bashman




"Cross-on-county-seal petition fails": The Los Angeles Daily News contains this article today.
Posted at 07:04 AM by Howard Bashman



"Evidence Analyzed in Slayings of Judge's Family; The execution-style killings in Chicago prompt a call to reassess security arrangements for the federal judiciary": This article appears today in The Los Angeles Times.

The Chicago Tribune today contains articles headlined "Judge: I won't back down; Lefkow defies killers, vows she'll return to federal bench"; "DNA sought on cigarettes, drink can; Murder probe fans out like 'spider web'"; "Hale seeking apology from U.S."; "Parents certain that Hale had no link to murders"; "Internet leaves an open window on lives of judges"; and "No-nonsense jurist known as fair, patient." The newspaper also contains an op-ed entitled "Some cases are too hot even for cops' comfort" by columnist John Kass.

The Chicago Sun-Times reports that "Judge enraged at 'hit' on family." And columnist Mark Brown has an essay entitled "Any way you look at it, this is pure madness."

The Daily Herald of suburban Chicago reports that "Sketches released as family plans funeral."

The Denver Post reports that "Murder of judge's mom stuns local neighbors, friends; Donna Humphrey, 89, reportedly thought her daughter was safe despite worry about an earlier death threat."

The Rocky Mountain News contains articles headlined "Sorrow, grief linger in empty law office" and "Wyoming had own brush with group."

Finally for now, The Deseret Morning News reports that "Police look at pro-white leader with Utah ties."
Posted at 06:50 AM by Howard Bashman




"Pryor Impressions: Alabamas want to know why Bill Pryor is being filibustered in the Senate." Quin Hillyer has this op-ed today in The Wall Street Journal.
Posted at 06:45 AM by Howard Bashman



"N.C. judge to get hearing on long-delayed nomination": This article appears today in The Winston-Salem Journal.

And The News & Observer of Raleigh, North Carolina on Tuesday contained an editorial entitled "Bench marks: Ideologue or independent? Critics say a federal judge from North Carolina is unfit for promotion, but his record shows strengths."
Posted at 06:35 AM by Howard Bashman



Wednesday, March 02, 2005


"Justices Consider Religious Displays": Linda Greenhouse will have this article Thursday in The New York Times.

In Thursday's edition of The Washington Post, Charles Lane will report that "Division of Church, State At High Court; Ten Commandments Displays On Government Land at Issue."

David G. Savage of The Los Angeles Times has a news update headlined "Supreme Court Wrestles With Ten Commandments Issue."

In Thursday's edition of The Dallas Morning News, Allen Pusey will report that "High court hears arguments in Texas Commandments case." That newspaper on Thursday will also report that "Many Commandments monuments started out as movie promotion."

Fans of Jan Crawford Greenburg can read her article headlined "Court hears arguments on Ten Commandments displays" from Thursday's issue of The Chicago Tribune and can listen to her interview (RealPlayer required) about the case from this evening's broadcast of the PBS program "The NewsHour with Jim Lehrer."

Finally for now, The Fort Worth Star-Telegram on Thursday will report that "Texas looks to keep Commandments display on Capitol grounds."
Posted at 11:45 PM by Howard Bashman




"Civil rights groups mobilize against judicial nominee": Stephen Henderson and Tim Funk of Knight Ridder Newspapers have an article that begins, "National civil rights groups have taken an unusual lead role in an effort to keep Federal District Judge Terrence Boyle off the 4th U.S. Circuit Court of Appeals in Richmond, Va., saying his elevation would be 'devastating' to racial progress."

And Thursday's edition of The Washington Post will report that "Judges May Be Vetted for Mainstream Values; Confirmation Expected to Be Difficult as Legislators Clash Over Expectations."
Posted at 11:40 PM by Howard Bashman




"Is Justice Done in 2 Versions? The state Supreme Court reviews two juries' death penalty verdicts after the deputy D.A. gives differing accounts of a brutal murder." Thursday's edition of The Los Angeles Times will contain this front page article by Maura Dolan.
Posted at 11:38 PM by Howard Bashman



"White Supremacist's Relatives Are Questioned in Killings": This article will appear Thursday in The New York Times.

Thursday's edition of The Washington Post will report that "Supremacists Suspected in Killings at Judge's Home."

CNN.com reports that "Chicago police release sketches; Men sought for interviews after slayings of judge's relatives."

And Thursday's edition of The Chicago Tribune will contain articles headlined "Killings draw attention to protection of judges"; "Hale's parents certain son wasn't involved in killings"; and "Killings were 'unthinkable,' judge says."
Posted at 11:25 PM by Howard Bashman




Available online from law.com: Tony Mauro reports that "Supremes Wrestle With Constitutionality of Commandments Displays."

In other news, "Federal Circuit Grants Microsoft New Patent Trial."

An article headlined "9th Circuit KO's Arbitration Rules; Feds beat state court to punch, say ethics rules are pre-empted" reports on this decision that the U.S. Court of Appeals for the Ninth Circuit issued yesterday.

And in news from Florida, "Federal Appeals Court Overturns $55 Million Torture Verdict."
Posted at 11:10 PM by Howard Bashman




"Judge fears murders tied to her job": The Chicago Sun-Times provides this news update.

And The Chicago Tribune offers news updates headlined "'It's so unthinkable'" and "Police release sketches."
Posted at 10:00 PM by Howard Bashman




He'll fit in ever so nicely at the U.S. Supreme Court: A three-judge panel of the U.S. Court of Appeals for the Fourth Circuit today issued a decision in which Circuit Judge J. Michael Luttig's opinion concurring in the judgment consists of the following:
I am sufficiently unclear as to the reasons for the majority's holding, and therefore the implications of the court's decision, that I simply concur in the judgment reached by the court.
Thanks to Steve Minor at the "SW Virginia law blog" for the pointer.
Posted at 08:52 PM by Howard Bashman



Available online from National Public Radio: This evening's broadcast of "All Things Considered" contained segments entitled "High Court Mulls Ten Commandments Displays" (featuring Nina Totenberg) and "Chicago Judge Was Target of Antipathy from White Supremacists."

And today's broadcast of "Talk of the Nation" contained segments entitled "Supreme Court Weighs Commandments" and "Ensuring Federal Judges' Safety."

RealPlayer is required to launch these audio segments.
Posted at 08:15 PM by Howard Bashman




"Take Two Tablets: The Supreme Court picks through the rubble of its Ten Commandments jurisprudence." Slate has just posted online this Supreme Court dispatch by Dahlia Lithwick. She spoke about the case on today's broadcast of NPR's "Day to Day" in a segment entitled "Slate's Supreme Court Dispatches: Ten Commandments" (RealPlayer required).
Posted at 08:12 PM by Howard Bashman



"Supreme Court hears arguments on Ten Commandments displays": Stephen Henderson of Knight Ridder Newspapers provides this report.
Posted at 07:10 PM by Howard Bashman



Available online from cbs2chicago.com: The television station's web site provides reports headlined "Evidence Revealed In Judge's Family Murders" and "Durbin Offers Sympathies To Joan Lefkow." The page that results from clicking on the first of those two links also provides numerous links along the right-hand column to videotaped reports relating to this matter that the television station has broadcasted today.
Posted at 07:04 PM by Howard Bashman



"Chicago murders spotlight risks to judges; Was Lefkow's family targeted by white supremacists?" This article will appear Thursday in The Christian Science Monitor.

And Reuters reports that "Slaying of Chicago Judge's Family Raises Security Concern."
Posted at 06:10 PM by Howard Bashman




"Court Considers Government Displays of Ten Commandments": Linda Greenhouse of The New York Times provides this news update.

And online at "SCOTUSblog," Lyle Denniston asks, "Ten Commandments -- a split verdict?"
Posted at 06:00 PM by Howard Bashman




Have you lost your enthusiasm for auctions of U.S. Supreme Court Justice bobblehead dolls? Reuters reports from Florida that "Stripper Selling Infamous Breast Implant on eBay." According to the article, the current bid on the item is less than what's been paid at auction for bobblehead Justices.
Posted at 05:04 PM by Howard Bashman



"Sears is Georgia's first female chief justice": The Associated Press provides this report on the first African-American woman to serve as the Chief Justice of Georgia's Supreme Court.
Posted at 04:55 PM by Howard Bashman



"The Amazing Case of the Disappearing Reversals: Senate committee scheduled to explore court nominee Boyle's bogus claims about extraordinarily high reversal rate in hearing tomorrow." The organization People For the American Way has issued this press release today in advance of tomorrow afternoon's judicial confirmation hearing in the Senate Judiciary Committee. PFAW's report on Fourth Circuit nominee Terrence W. Boyle, which I first linked to here, can be viewed at this link.
Posted at 04:50 PM by Howard Bashman



"Judicial Jeopardy: Questions for Nominees." The Nation has today posted online this essay by Garrett Epps.
Posted at 04:45 PM by Howard Bashman



"White Supremacist Groups Draw Scrutiny": The Associated Press provides this report from Chicago.
Posted at 04:44 PM by Howard Bashman



Reuters is reporting: James Vicini reports that "Supreme Court Considers Ten Commandments Displays." And in other news, "Court overturns $521 mln ruling against Microsoft."
Posted at 03:35 PM by Howard Bashman



"More Security for Judges, Families Sought": The Associated Press provides this report from Chicago.
Posted at 03:02 PM by Howard Bashman



"Kennedy pivotal in Ten Commandments debate; Justice chides 'obsessive concern' about religious displays": Tom Curry, national affairs writer for MSNBC, provides this report.

And yesterday afternoon, Tom had a report headlined "Can Specter help Senate avoid nominee meltdown? Judiciary chairman tries to overcome filibusters."
Posted at 02:42 PM by Howard Bashman




"Justices Hear Ten Commandments Arguments": David G. Savage of The Los Angeles Times provides this news update.

Meanwhile, from The Associated Press, Hope Yen reports that "High Court Hears Debate Over Commandments." And in related coverage, "Commandments Debate Prompts Demonstrations."
Posted at 02:22 PM by Howard Bashman




"Ten Commandments Get Some Support at U.S. High Court": Bloomberg News provides this report.
Posted at 02:20 PM by Howard Bashman



"The Blue State Court: The Justices continue their liberal social activism." This editorial appears today in The Wall Street Journal.
Posted at 02:18 PM by Howard Bashman



"Assassins and other killers": The Chicago Tribune today contains an editorial that begins, "For judges, prosecutors and witnesses, bringing criminals to justice can provoke reasonable fears and carry terrible costs."
Posted at 02:15 PM by Howard Bashman



"Rehnquist Still Working Mostly From Home": The Associated Press provides this report.
Posted at 02:10 PM by Howard Bashman



"Rough Justice: Scalia exposes a flip-flop on the competence of minors." Overnight, Slate posted online this essay by William Saletan.

Update: Law Professor Orin Kerr responds, "Justice Scalia isn't exactly a model of jurisprudential consistency, but those trying to play 'gotcha' with him have to do much better than this piece by William Saletan in Slate."
Posted at 12:52 PM by Howard Bashman




"Courting the Public": Dirk Olin has this op-ed today in The New York Times arguing that the federal method of judicial selection is better than electing judges as many States still do. On the other hand, running for elective judicial office at least assures an up-or-down vote.
Posted at 12:42 PM by Howard Bashman



"Appeals Court Orders New Trial in $500 Million Microsoft-Eolas Web Browser Case": "Patently-O: Patent Law Blog" offers this report on a ruling that the U.S. Court of Appeals for the Federal Circuit issued today.

I'm sure that the overturning of this judgment against Microsoft Corporation will be received as welcome news by that company, because from Microsoft's perspective, $500 million here, $500 million there, and soon you're talkin' real money.
Posted at 12:25 PM by Howard Bashman




"State joins town's appeal on prayer": The Greenville News yesterday published an article that begins, "South Carolina has weighed in on an issue before the U.S. Supreme Court as to whether town officials should be allowed to mention Jesus Christ in prayers before council meetings, the state attorney general said Monday."
Posted at 12:12 PM by Howard Bashman



"High Court Hears Debate Over Commandments": Hope Yen of The Associated Press provides this early report on this morning's oral argument.
Posted at 11:59 AM by Howard Bashman



"Filibuster Ban Test Site": RJ Matson has this cartoon today in Roll Call.
Posted at 11:25 AM by Howard Bashman



"Price of Progress: For liberals, yesterday's Supreme Court decision was a step forward on the death penalty; And maybe a step backward on abortion." Dana Mulhauser has this essay online today at The New Republic.
Posted at 11:24 AM by Howard Bashman



"Going Gentle: Oregon's suicide law faces its final hurdle." Julian Sanchez has this essay online at Reason.
Posted at 11:08 AM by Howard Bashman



"Sixth-Circuit Shenanigans: The troubling history behind McCreary." Kay R. Daly has this essay today at National Review Online.
Posted at 10:55 AM by Howard Bashman



"High Court Rules Ex-Spies Cannot Sue CIA": Hope Yen of The Associated Press provides this report.

And James Vicini of Reuters reports that "Supreme Court Rules Cold War Spies Cannot Sue CIA."
Posted at 10:25 AM by Howard Bashman




Today's lone U.S. Supreme Court opinion in an argued case: The Court today announced its ruling in the Spy vs Spy case known as Tenet v. Doe, No. 03-1395.

Chief Justice William H. Rehnquist delivered the opinion for a unanimous Court. You can access the syllabus here, the Chief Justice's opinion here, the concurring opinion of Justice John Paul Stevens here, the concurring opinion of Justice Antonin Scalia here, and the oral argument transcript here.

Today's 9-0 ruling came in a case on review from the U.S. Court of Appeals for the Ninth Circuit, and thus the final line of the Court's opinion all but wrote itself: "The judgment of the Court of Appeals is reversed." My earlier coverage of this case can be accessed via this link.
Posted at 10:00 AM by Howard Bashman




"Yale schools vary on military recruiting policy": This article appears today in The Yale Daily News. And The Cornell Daily Sun contains an editorial entitled "Closed Doors."
Posted at 09:55 AM by Howard Bashman



Nina Totenberg is reporting: On today's broadcast of NPR's "Morning Edition," she had segments entitled "High Court to Rule on Public Display of 10 Commandments" and "High Court Strikes Down Death Penalty for Juveniles" (RealPlayer required).
Posted at 09:52 AM by Howard Bashman



"Judge's Kin Said Shot in Head at Ill. Home": The AP provides this report.
Posted at 09:50 AM by Howard Bashman



"Ten Commandments before high court; Explosive church-state issues from Kentucky, Texas": CNN.com offers this preview.

Hope Yen of The Associated Press reports that "High Court to Hear Ten Commandments Case."

And James Vicini of Reuters reports that "U.S. top court to consider Ten Commandments displays."
Posted at 09:40 AM by Howard Bashman




"A Way to End Bitter Fights Over Justices": Doug Bandow has this op-ed today in The Los Angeles Times.
Posted at 08:40 AM by Howard Bashman



"Battle of Judicial Nominee Resumes; GOP Leaders Eye Action on Filibuster": This article appears today in The Washington Post.

The Washington Times reports that "Democrats to maintain filibusters on Bush nominees."

Henry Weinstein of The Los Angeles Times reports that "Drop Judge Nominees, Democrat Urges Bush; A Colorado senator's plea creates an unexpected obstacle to Senate confirmation."

The Denver Post reports that "Salazar urges rescinding controversial nominees."

USA Today reports that "Democrats dig in to block president's judicial nominees."

The Pittsburgh Post-Gazette reports that "Senate Democrats stiffen on federal court nominees."

And The Palm Beach Post reports that "Senate moves closer to showdown over Bush nominees."
Posted at 07:30 AM by Howard Bashman




"Court enters debate over display of Commandments": Joan Biskupic has this article today in USA Today.

BBC News offers a report headlined "US battle over Ten Commandments."

The Atlanta Journal-Constitution contains articles headlined "Supreme Court considers Ten Commandments appeals" and "Georgia watches court's ruling; Precedent sought: Ten Commandments displays wait on the Supreme Court's cases."

The Herald-Sun reports that "Duke prof at high court over Ten Commandments today."

The Louisville Courier-Journal reports that "Kentuckians will attend commandments debate; Two cases merged, reach U.S. justices."

The Casper Star-Tribune reports that "Fate of Casper's Commandments hinges on Supreme Court."

The La Crosse Tribune reports today that "Sale of Ten Commandments site constitutional."

And The Austin American-Statesman today contains an editorial entitled "Establishing reason."
Posted at 07:14 AM by Howard Bashman




The St. Louis Post-Dispatch is reporting: Today's newspaper contains articles headlined "Court bars juvenile executions" and "Victim's sister is outraged by court ruling sparing killer."
Posted at 07:10 AM by Howard Bashman



"Relatives of U.S. Judge Slain in Chicago Home; White Supremacist Had Ordered Judge Killed": This article appears today in The Washington Post.

The Los Angeles Times reports today that "Husband, Mother of Judge Slain in Chicago."

The Boston Globe reports that "Judge's kin are slain; Mother, husband shot; police probe supremacist link."

USA Today reports that "Marshals guard targeted judge; Police say it's too early to link 2 killings, plot."

The Chicago Tribune today contains articles headlined "'Execution-style' hits; Officers find broken window, bloody shoe print; Judge, family placed under tight security"; "On the Web, allies of Hale cheer slayings"; "Fellow jurists won't let fear stand in way of justice"; "How judge became target of hate"; and "Spouse's love, mom's pride remembered."

The Chicago Tribune today also contains an essay by columnist Eric Zorn entitled "Political killings carry a threat for all society" and an essay by columnist John Kass entitled "Lefkow killings heated by what we don't know."

The Chicago Sun-Times contains articles headlined "Detectives probe mysterious calls, suspicious car"; "Judges across nation appalled by murders"; and "Couple represented 'everything we want people to be.'" An editorial is entitled "Heinous crime, naturally, turns thoughts to hate." Columnist Carol Marin has an essay entitled "Slayings not just tragedy on Lefkow home front." And columnist Mark Brown has an essay entitled "Justice isn't always blind and fair -- sometimes that's a good thing."

The Daily Herald of suburban Chicago contains articles headlined "Looking for leads" and "Judges say threats impacted them."

The Rocky Mountain News today contains articles headlined "Slayings reverberate in Colorado; 89-year-old victim had been longtime Lakewood resident"; "Racist link considered; Killings strike home of judge whose life once was targeted"; and "Lefkow had protection in '03 visit."

The Denver Post reports that "Federal judge's kin slain in Chicago."

And The St. Louis Post-Dispatch reports that "Hate groups draw focus in Chicago killings."
Posted at 07:00 AM by Howard Bashman



Tuesday, March 01, 2005


"Ninth Circuit Doesn't Flip Over Use of Coin in Verdict; Panel Won't Reverse Verdict Decided by Coin": The Daily Journal of California today contained this interesting article reporting on a non-precedential ruling (majority opinion here; dissenting opinion here) that a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued yesterday.
Posted at 11:40 PM by Howard Bashman



Available online from law.com: Tony Mauro has articles headlined "Supreme Court Ends Juvenile Death Penalty" and "The Supreme Court's Own Commandments." In the second of those two articles, Mauro hilariously reports that the version of the Ten Commandments found in the U.S. Supreme Court's main courtroom commands viewers to steal, kill, and commit adultery.

Meanwhile, in other news, "Senate Committee Zeroes In on 9th Circuit Nominee's Record."
Posted at 11:30 PM by Howard Bashman




"Democrats on Senate Panel Pummel Judicial Nominee": Neil A. Lewis will have this article Wednesday in The New York Times.
Posted at 11:22 PM by Howard Bashman



"Supreme Court, 5-4, Forbids Execution in Juvenile Crime": Linda Greenhouse will have this article Wednesday in The New York Times.

In Wednesday's edition of The Washington Post, Charles Lane will report that "5-4 Supreme Court Abolishes Juvenile Executions." Related articles will be headlined "Malvo Deal Fell Through, Lawyer Says; Pr. William Won't Try Sniper, Who Offered to Testify Against Muhammad in 2003" and "Ruling Likely to Spare Va. Inmate; Malvo's Prospects Are Also Affected."

And David G. Savage of The Los Angeles Times has a news update headlined "Supreme Court Halts Death Penalty for Juveniles."
Posted at 11:14 PM by Howard Bashman




"Santa Ana Says Image Is at Stake in Court Fight; Officials fear the city's role as county seat could be threatened if UC Irvine wins as the site for a new Court of Appeal building": The Los Angeles Times contains this article today.
Posted at 11:10 PM by Howard Bashman



"Haunted by Threats, U.S. Judge Finds New Horror": This article will appear Wednesday in The New York Times.

And The Chicago Tribune on Wednesday will contain articles headlined "Safety becomes concern for more judges, sources say" and "White nationalists continue focus on judge, family."
Posted at 11:00 PM by Howard Bashman




"How Bitter Will The Next S. Ct. Nomination Be?" Tom Goldstein has this interesting post online at "SCOTUSblog."
Posted at 09:58 PM by Howard Bashman



On this evening's PBS broadcast of "The NewsHour with Jim Lehrer": The program contained a segment entitled "Majority Leader Attacks Filibuster Use" (transcript provides link to RealAudio).

And Jan Crawford Greenburg of The Chicago Tribune discussed (RealPlayer required) today's juvenile death penalty ruling from the U.S. Supreme Court.
Posted at 09:45 PM by Howard Bashman




"Court Takes Another Step in Reshaping Capital Punishment": Adam Liptak will have this article in Wednesday's edition of The New York Times.
Posted at 09:40 PM by Howard Bashman



"Court upholds legal fees in female kicker case": The Associated Press provides this report. My coverage from earlier today can be accessed here.
Posted at 08:58 PM by Howard Bashman



Available online from cbs2chicago.com: The following video reports are available online: "Murder Of Judge's Family Might Be Linked To Her Career"; "Press Conference About Murders At Home Of Judge Joan Lefkow"; and "One Judge Says Threats Are Sometimes Part Of the Job" (featuring an interview with Senior Seventh Circuit Judge William J. Bauer).
Posted at 08:45 PM by Howard Bashman



Available online from National Public Radio: This evening's broadcast of "All Things Considered" contained segments entitled "Supreme Court Raises Eligible Age for Death Penalty" (featuring Nina Totenberg); "Brief Argues That Juvenile Offenders Are Different from Adults"; "Federal Judge's Husband, Mother Murdered"; and "Senate Revisits Debate over Bush Judicial Nominee."

In addition, today's broadcast of "Talk of the Nation" contained a segment entitled "Judicial Appointments in the Bush Era" featuring an interview with Senate Judiciary Committee Chairman Arlen Specter (R-PA).
Posted at 07:10 PM by Howard Bashman




In Wednesday's edition of The Christian Science Monitor: Warren Richey will have articles headlined "Juvenile death penalty abolished; In a seminal 5-to-4 decision, the Supreme Court strikes down capital punishment for those who commit crimes under age 18" and "Dispute over public display of the Ten Commandments; The court hears cases Wednesday that challenge public displays."

An article will bear the headline "One man's trip from streets to Supreme Court: He's slept in a tent for years; But now, Thomas Van Orden's case about church and state is at the pinnacle of law disputes."

And in other news, "Flap ensues over hiring ex-jurors."
Posted at 07:02 PM by Howard Bashman




CNN.com is reporting: Now available online are articles headlined "Malvo won't stand trial in Virginia case; Prosecutor cites Supreme Court ruling on death penalty" and "Judge finds bodies of husband, mother in home; Authorities ask for public's help."
Posted at 07:00 PM by Howard Bashman



"Bush Accused of Playing 'Chicken' Over Judge Picks": Reuters provides this report.
Posted at 06:04 PM by Howard Bashman



"Supreme Court Strikes Down Death Penalty for Juveniles": Charles Lane has this news update online at The Washington Post.

Meanwhile, over at the "Blue Mass. Group" blog, David (whom Eugene Volokh once described as "a liberal former Supreme Court clerk") has a post titled "I admit that this makes me nervous."
Posted at 05:40 PM by Howard Bashman




The Associated Press is reporting: Now available online are articles headlined "Teen Sniper No Longer Faces Death Penalty" and "Gonzales Defends Bomb Suspect's Detention."
Posted at 05:35 PM by Howard Bashman



"Judge McConnell on The Establishment Clause": The blog "Power Line" offers a post that begins, "Last night, I attended a lecture by Judge Michael McConnell of the 10th Circuit Court of Appeals at the University of Minnesota Law School."
Posted at 05:25 PM by Howard Bashman



"Senator Urges Bush to Withdraw Candidates": Jesse J. Holland of The Associated Press has a report that begins, "A freshman Democratic senator urged President Bush on Tuesday to withdraw all of his renominated judicial candidates, a blow to Republicans who had hoped to get the lawmaker's support to break possible filibusters." Today's statement by U.S. Senator Ken Salazar (D-CO) can be accessed here.

And the text of the "nuclear option" speech that U.S. Senator Robert C. Byrd (D-WV) delivered today on the floor of the U.S. Senate can be accessed at this link.
Posted at 05:22 PM by Howard Bashman




"Death Row by the Numbers: The Supreme Court invalidates capital punishment for juveniles." Slate has just posted online this jurisprudence essay by Dahlia Lithwick.
Posted at 04:10 PM by Howard Bashman



"Wide Divide On Juvenile Justice": CBS News legal analyst Andrew Cohen has this essay today.
Posted at 04:00 PM by Howard Bashman



"City gears up slaying probe": The Chicago Sun-Times offers a news update that begins, "Chicago police have called in detectives from all over the city to investigate the shooting deaths of the husband and mother of U.S. Judge Joan Lefkow."
Posted at 03:34 PM by Howard Bashman



"Court Rejects Death Penalty for Juveniles": David G. Savage of The Los Angeles Times provides this news update.

And today's broadcast of NPR's "Day to Day" contained segments entitled "Slate's Jurisprudence: Court Abolishes Juvenile Death Penalty" (featuring Dahlia Lithwick) and "Defender Discusses Juvenile Death Penalty Ruling" (featuring Seth Waxman). RealPlayer is required to launch these audio segments.
Posted at 03:25 PM by Howard Bashman




Duke University loses its challenge to $350,000 attorneys' fee award in favor of football place kicker who recovered $1 in nominal damages in her Title IX suit: A three-judge panel of the U.S. Court of Appeals for the Fourth Circuit today issued this decision in favor of Heather Sue Mercer. An earlier Fourth Circuit ruling in the case can be accessed at this link.
Posted at 03:20 PM by Howard Bashman



The Associated Press is reporting: Jesse J. Holland reports that "Dems Counter Bush on Judgeship Vacancies."

And in news from Chicago, "Judge Put Under U.S. Protection in Ill."
Posted at 02:10 PM by Howard Bashman




"Task force launched in Lefkow slayings": The Chicago Tribune has just posted online a news update that begins, "A possible link between the slayings of a federal judge's husband and mother and the conviction last year of a white supremacist who tried to have her killed is one of several facets an investigative task force will pursue, Chicago officials said today."
Posted at 02:05 PM by Howard Bashman



"Senate to Reconsider Bush Judicial Appointees": This segment (RealPlayer required) appeared on today's broadcast of NPR's "Morning Edition."
Posted at 12:50 PM by Howard Bashman



The federal government yesterday filed its petition for writ of certiorari seeking U.S. Supreme Court review of the U.S. Court of Appeals for the Third Circuit's decision declaring the Solomon Amendment unconstitutional: A copy of the federal government's cert. petition is not yet available online, but I will post the petition or link to it just as soon as it becomes available.

In somewhat related news, The Cornell Daily Sun reports today that "Solomon Amendment Panel Stirs Emotions."
Posted at 12:40 PM by Howard Bashman




"High Court Ends Death Penalty for Youths": Hope Yen of The Associated Press provides this report. And James Vicini of Reuters reports that "Supreme Court Bars Executions of Murderers Under 18."
Posted at 12:10 PM by Howard Bashman



Available online from The Chicago Tribune: In connection with yesterday evening's discovery of the dead bodies of a federal judge's spouse and mother, the blog "Eric Zorn's Notebook" contains this post. And the newspaper has posted online this audio of an interview (RealPlayer required) with the reporter who wrote this morning's lead story for that newspaper.
Posted at 11:40 AM by Howard Bashman



Two shy: At the conclusion moments ago of today's Senate Judiciary Committee confirmation hearing for Ninth Circuit nominee William Gerry Myers III, Chairman Arlen Specter (R-PA) reported that he counts 58 votes for cloture on the nomination. No Democrat on the committee appears to support the nomination, however, while several appear to oppose it quite adamantly.
Posted at 11:17 AM by Howard Bashman



Looking for a slap-down of the Supreme Court of Missouri for its failure to follow binding U.S. Supreme Court precedent on the constitutionality of the death penalty for murders committed at 16 or 17 years of age? It would appear that the only place this issue is addressed in today's juvenile death penalty ruling is in the final two pages of Justice Antonin Scalia's dissent.

Update: A reader correctly notes that Justice Sandra Day O'Connor also criticizes the Supreme Court of Missouri on this ground at pages 7-8 of her dissent.
Posted at 10:45 AM by Howard Bashman




From Justice Antonin Scalia's dissent in today's decision declaring unconstitutional the death penalty for murders committed before the age of 18: Justice Scalia writes:
The Court thus proclaims itself sole arbiter of our Nation's moral standards--and in the course of discharging that awesome responsibility purports to take guidance from the views of foreign courts and legislatures. Because I do not believe that the meaning of our Eighth Amendment, any more than the meaning of other provisions of our Constitution, should be determined by the subjective views of five Members of this Court and like-minded foreigners, I dissent.
You can access the complete dissent at this link.
Posted at 10:32 AM by Howard Bashman



BREAKING NEWS -- "The Supreme Court has struck down the death penalty for juvenile killers." The Associated Press provides this news alert.
Posted at 10:08 AM by Howard Bashman



Today's U.S. Supreme Court opinions: The Court today has issued two opinions in argued cases.

1. Justice Anthony M. Kennedy announced the opinion of the Court in Roper v. Simmons, No. 03-633. According to early news reports, "High Court Ends Death Penalty for Youths." You can access the syllabus here, Justice Kennedy's opinion here, Justice John Paul Stevens' concurring opinion here, Justice Sandra Day O'Connor's dissenting opinion here, Justice Antonin Scalia's dissenting opinion here, and the oral argument transcript here.

2. Justice Stephen G. Breyer announced the opinion of the Court in Cherokee Nation of Okla. v. Thompson, No. 02-1472. You can access the syllabus here, Justice Breyer's opinion here, Justice Antonin Scalia's opinion concurring in part here, and the oral argument transcript here.
Posted at 10:00 AM by Howard Bashman




In news from Oklahoma: Today's edition of The Oklahoman contains an article headlined "Judge Lile resigns" that begins, "Judge Steve Lile resigned Monday from the Oklahoma Court of Criminal Appeals, ending an attorney general's investigation into his actions." The newspaper has also posted online the judge's resignation letter and a statement from Oklahoma's Attorney General. The Oklahoman has collected additional articles on the matter at this link.
Posted at 09:40 AM by Howard Bashman



On the agenda: Today's Senate Judiciary Committee confirmation hearing for Ninth Circuit nominee William Gerry Myers III is scheduled to get underway one hour from now, at 9:30 a.m. The announcement of hearing can be accessed at this link. Once underway, live streaming video of the hearing can be accessed here (RealPlayer required).

Myers is the first previously filibustered judicial nominee to come before the new U.S. Senate for a confirmation hearing, and thus today's hearing may prove to be more interesting than his last one, which if I recall correctly was rather boring.

Also, at 10 a.m. today, the U.S. Supreme Court is scheduled to issue one or more decisions in argued cases.
Posted at 08:30 AM by Howard Bashman




"Nude Man Covered in Cheese Gets Probation": The Associated Press provides this report. And in local coverage, The Daily Times of Maryville, Tennessee reports today that "Nacho cheese bandit pleads guilty to charges."
Posted at 07:25 AM by Howard Bashman



"Cruise Line Gets Towed Into Court; Justices hear case of a disabled passenger who wants U.S. anti-bias laws applied to ocean travel": David G. Savage of The Los Angeles Times has this article today.

Charles Lane of The Washington Post reports that "High Court Reviews Access for Disabled on Foreign-Flag Cruise Ships."

Joan Biskupic of USA Today reports that "Court weighs disabled access on cruise ships."

And The Houston Chronicle reports that "High court takes up cruise case; Justices question applying U.S. laws to foreign ships."

In news coverage of yesterday's other U.S. Supreme Court oral argument, Michael McGough of The Pittsburgh Post-Gazette reports today that "Court skeptical on new trial plea; Prisoner says he was misled on sentence."
Posted at 07:20 AM by Howard Bashman




"Court intrigue is just looking for an opening": Joan Biskupic has this article in USA Today today.
Posted at 07:15 AM by Howard Bashman



"High Court to Rule on 2 States' Displays of 10 Commandments; In separate cases, justices will decide whether monuments in Texas and Kentucky violate constitutional division of church and state": David G. Savage has this article today in The Los Angeles Times.

The Houston Chronicle reports that "Abbott to argue statue's 'historical role'; State AG to make case to high court for keeping the Commandments on Capitol grounds."

The San Antonio Express-News reports that "Texas AG maps defense of Ten Commandments."

The Washington Times reports that "Court to hear Commandments cases."

The Baltimore Sun today contains articles headlined "Commandments debate evokes strong emotions; A U.S. Supreme Court case could resolve a battle over principles in two Maryland towns" and "Idealistic vision becomes focus of church, state fight; Fraternal group began Commandments effort as ethical guide to young."

And The Guardian (UK) reports that "Supreme court to rule on Ten Commandments."
Posted at 07:10 AM by Howard Bashman




"Judge Says U.S. Terror Suspect Can't Be Held as an Enemy Combatant": Neil A. Lewis has this article today in The New York Times.

The Los Angeles Times reports that "Judge Rules Terror Suspect Must Be Charged or Freed."

The Washington Times reports that "Judge says charge Padilla or free him."

And The Greenville News reports that "'Dirty bomb' suspect may be released."
Posted at 07:00 AM by Howard Bashman




"Judicial Nominee to Face Senate Panel Again; William G. Myers III, ex-Interior solicitor, is opposed by Indian and environmental groups": Henry Weinstein of The Los Angeles Times has this article today.

The Chicago Tribune reports today that "Gonzales steps into fray over judges; Attorney general calls for swift Senate votes, renewal of Patriot Act."

The Morning Call of Allentown, Pennsylvania contains an editorial entitled "Calm leadership is of prime importance as judicial nomination wars continue."

And The Washington Times contains an editorial entitled "A contradictory Biden."
Posted at 06:45 AM by Howard Bashman




"Federal judge's family killed; Husband, mother found slain in basement; Jurist had been a target of white supremacist": This article appears today in The Chicago Tribune, along with an article headlined "Victim, judge 'very close.'"

The Chicago Sun-Times reports today that "Two found slain at judge's home."

And The Daily Herald of suburban Chicago reports today that "Bodies found in high-profile judge's home."
Posted at 06:30 AM by Howard Bashman




"Judge's husband, mother found dead": The Chicago Tribune provides a news update that begins, "The federal judge whom white supremacist Matthew Hale attempted to have murdered found her husband and mother lying dead in her house when she returned home Monday night, police said."

And The Chicago Sun-Times offers an AP report headlined "Two found dead in home of federal judge."

Additional coverage of this developing story is available online via the web sites of cbs2 and NBC5.
Posted at 12:14 AM by Howard Bashman




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