How Appealing

Monday, March 31, 2008

Available online from law.com: Tony Mauro reports that "Supreme Court Upholds Delaware's Veto Power Over British Petroleum Project; High court appointed a special master to sift through thousands of documents and hear arguments from both sides."

Marcia Coyle reports that "Federal Circuit May Be in for Big Changes; A startling two-thirds of the court soon to be eligible for senior status."

And in other news, "State AG Attacks Business Method at Center of Key Patent Case."
Posted at 11:57 PM by Howard Bashman



Can you dissent from the denial of rehearing en banc if you're a senior status circuit judge who thus can't vote in favor of rehearing en banc? Apparently the answer is "yes" in the Sixth Circuit, as evidenced by the senior status of the author of this dissent from the denial of rehearing en banc issued today. Thus, although a total of six judges join in the dissent, it only equates to five votes in favor of rehearing en banc.

You can access the ruling of the original divided three-judge Sixth Circuit panel at this link. I had this post about that decision on the day it issued.
Posted at 11:25 PM by Howard Bashman



"In the wake of September 11th, some Muslim Americans, completely innocent of any wrongdoing, became targets of gross misapprehensions and overbroad assumptions about their religious beliefs. But the event that shook the foundations of our buildings did not shake the premise of our founding -- that here, in America, there is no heretical faith." So writes Circuit Judge J. Harvie Wilkinson III on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Fourth Circuit in an opinion issued today.
Posted at 11:14 PM by Howard Bashman


"Forever Guantanamo": Raymond Bonner has this review of four Guantanamo-related books in the April 17, 2008 issue of The New York Review of Books.
Posted at 11:02 PM by Howard Bashman


"U.S. Supreme Court agrees to take Pleasant Grove-Summum free speech case": Pamela Manson of The Salt Lake Tribune provides this news update.

Tuesday in The Christian Science Monitor, Warren Richey will have an article headlined "U.S. Supreme Court takes a new 10 Commandments case; The Decalogue is on display in a public park in Utah; Is the park, therefore, a forum for expression of all types?"

James Vicini of Reuters reports that "Court to rule on city park's religious monument."

And Pete Yost of The Associated Press reports that "Court Agrees to Take 2 Free Speech Cases."

This blog's first coverage of the dispute over whether towns in Utah that displayed on public property a monument to the Ten Commandments also had to permit the display on public property of a monument to the Seven Principles of the Summum religion appeared in a post I published at "How Appealing" on July 19, 2002. I also noted in that post that "Adherents of the Summum faith, at least according to the group's official Web site, are heavily into mummification after death and also take quite a liking to masturbation while still among the living."

You can access today's U.S. Supreme Court Order List at this link.
Posted at 08:37 PM by Howard Bashman



"Supreme Court says Del. can block LNG project ; BP hopes to push on": The News Journal of Wilmington, Delaware provides this news update.

Tuesday in The Christian Science Monitor, Warren Richey will have an article headlined "Supreme Court upholds Delaware border claim; Ruling 6 to 2, the justices say New Jersey has no right to build a liquefied natural gas plant with a Delaware River pier."

The Associated Press reports that "Delaware Wins High Court Fight Over NJ."

And Reuters provides a report headlined "US high court: Delaware can block BP LNG terminal."

You can access today's ruling of the U.S. Supreme Court in New Jersey v. Delaware, No.134, Orig., at this link.
Posted at 08:28 PM by Howard Bashman



What's new? On Monday through Thursday of last week, and again today, I was attending the trial of a civil case in the U.S. District Court for the District of New Jersey in Camden. In November 2006, the U.S. Court of Appeals for the Third Circuit issued a decision on an appeal in which I represented the plaintiff-appellant. The Third Circuit's ruling reversed the district court's grant of summary judgment against the plaintiff's breach of contract claim and remanded that claim for trial.

The trial took place last week and concluded today with a jury verdict in favor of the plaintiff on all issues, awarding to the plaintiff all of the damages that the plaintiff had sought. I was attending the trial at the plaintiff's request to ensure that the plaintiff took all necessary steps during trial to preserve its appellate rights. Thanks to the great work of plaintiff's trial counsel -- David Sokasits, Esquire -- it is now the defendant that is facing the need to file any post-judgment motions and any appeal.

Also today, I filed this Reply Brief for Appellants in the Third Circuit in a separate case that I previously mentioned in this post from January 2008. The opening Brief for Appellants in that case can be accessed here.
Posted at 05:44 PM by Howard Bashman



Programming note: I will again be in court today on a client matter. Additional posts will appear here later today. "SCOTUSblog" will provide timely coverage of today's U.S. Supreme Court Order List and any opinions that the Court issues today.
Posted at 06:45 AM by Howard Bashman


"Wounded vet loses libel appeal against Moore": Bob Egelko has this article today in The San Francisco Chronicle.

My earlier coverage of this recent First Circuit ruling appears at this link.
Posted at 06:44 AM by Howard Bashman



"Judge Elizabeth Halverson courts trouble in Las Vegas; Her ex-bailiff, for example, has testified that she treated him like a houseboy; She has been suspended; an April hearing could remove her permanently": This article appears today in The Los Angeles Times.
Posted at 06:42 AM by Howard Bashman


"A Day in Court Denied": Today in The Washington Post, Harold Hongju Koh, dean of Yale Law School, has an op-ed that begins, "Last week, the Supreme Court heard a case from Shawqi Omar and Mohammad Munaf, two American citizens held in a U.S. prison for more than three years without access to lawyers or judges."
Posted at 06:40 AM by Howard Bashman


"The Vienna Convention: The U.S. must ensure that arrested foreigners can contact their consulates." This editorial appears today in The Washington Post.
Posted at 06:37 AM by Howard Bashman


"Enron's Skilling Attempts to Reverse His Guilty Verdict": Today in The Wall Street Journal, John R. Emshwiller has an article that begins, "More than a year after U.S. prosecutors put former Enron Corp. president Jeffrey Skilling behind bars for his part in the iconic corporate scandal of the last decade, a court this week will weigh the possibility of overturning the government's only unalloyed courtroom victory in its nearly five-year Enron probe."
Posted at 06:27 AM by Howard Bashman


"The Fight Over 'Fleeting Expletives': How A Grant of Supreme Court Review May Lead to Expanded FCC Power and Reduced First Amendment Rights for Broadcasters." Julie Hilden has this essay online today at FindLaw.
Posted at 06:20 AM by Howard Bashman


Sunday, March 30, 2008

"Congress' first task: FISA; When Congress reconvenes, it needs to act quickly on new terrorist surveillance legislation." This editorial appears today in The Los Angeles Times.
Posted at 11:40 PM by Howard Bashman


"Debate and Protest at Spy Program's Inception": Eric Lichtblau has this article today in The New York Times.
Posted at 11:33 PM by Howard Bashman


Steven Brill reviews John Grisham's new book, "The Appeal": The review appears in today's issue of the Sunday Book Review of The New York Times.
Posted at 11:30 PM by Howard Bashman


"Fed Rules Claim to Pre-Empt Injury Suits": The Associated Press provides this report.
Posted at 11:28 PM by Howard Bashman


"My Way or the Highway": This editorial about President Bush's nomination of Steven Bradbury to head the Justice Department's Office of Legal Counsel appears today in The New York Times.
Posted at 11:23 PM by Howard Bashman


The nation's first DNA-based "John Doe" warrants were illegal, the Supreme Court of Kansas has ruled: Yesterday's edition of The Wichita Eagle contained an article headlined "Court quashes 1st DNA-based rape warrants" that begins, "The Kansas Supreme Court ruled Friday that the arrest warrants in seven rape cases -- the first in the nation to charge someone's DNA with a crime -- weren't specific enough to meet legal standards. The ruling means death-row inmate Douglas Belt won't be tried for the rapes."

And The McPherson Sentinel reported yesterday that "Kaufman finds good and bad news in John Doe rulings."

You can access at this link Friday's ruling of the Supreme Court of Kansas.
Posted at 12:12 PM by Howard Bashman



"Same-sex marriages gain support": The Des Moines Register yesterday contained an article that begins, "A new flock of same-sex marriage supporters jumped into Iowa's constitutional battle over gay rights Friday with legal briefs they hope will influence the Iowa Supreme Court."
Posted at 12:08 PM by Howard Bashman


"High court: Privacy extends to airspace above homes." Yesterday's edition of The Rutland Herald contained an article that begins, "The Vermont Supreme Court held Friday that 'Vermont citizens have a constitutional right to privacy that ascends into the airspace above their homes and property,' overturning the conviction of a Goshen man on marijuana charges. The court ruled that the aerial surveillance of Stephen Bryant's land constituted a search under Article 11 of the Vermont Constitution and, as such, required a warrant."

You can access Friday's ruling of the Supreme Court of Vermont at this link.
Posted at 12:07 PM by Howard Bashman



"Profanity, sex, violence: What's appropriate on TV?" Columnist Gail Pennington has this op-ed today in The St. Louis Post-Dispatch.
Posted at 12:02 PM by Howard Bashman


"Activist involved in landmark Supreme Court speech rights case dies": Today's edition of The Columbia Missourian contains an article that begins, "Lorena Jeanne Tinker, a peace and civil rights activist, made it her mission to change what she could and chronicle what she couldn't."

You can access the U.S. Supreme Court's ruling in Tinker v. Des Moines Independent Community School District via this link.
Posted at 12:00 PM by Howard Bashman



"Medellin v. Texas: A case of more than murder." Ted Cruz, the Solicitor General of Texas, has this op-ed in The Houston Chronicle.
Posted at 11:57 AM by Howard Bashman


Saturday, March 29, 2008

"Brothers file claim in S.F. zoo tiger attack": The San Francisco Chronicle provides this news update. The newspaper has posted a copy of the claim online at this link.
Posted at 11:17 PM by Howard Bashman


"More Flimflam on Warming": The New York Times today contains an editorial that begins, "On April 2, 2007, the Supreme Court ruled that the Clean Air Act clearly empowered the Environmental Protection Agency to address greenhouse gas emissions from cars and trucks."
Posted at 10:44 PM by Howard Bashman


"Freed Ex-Governor of Alabama Talks of Abuse of Power": This article appears today in The New York Times.

And The Birmingham News reports today that "Siegelman rejoins family after 9 months; Balloons welcome ex-governor who wore prison garb."
Posted at 10:40 PM by Howard Bashman



"Ruling Gives Heirs a Share of Superman Copyright": The New York Times today contains an article that begins, "Time Warner is no longer the sole proprietor of Superman. A federal judge here on Wednesday ruled that the heirs of Jerome Siegel -- who 70 years ago sold the rights to the action hero he created with Joseph Shuster to Detective Comics for $130 -- were entitled to claim a share of the United States copyright to the character."

I have posted online at this link Wednesday's ruling of the U.S. District Court for the Central District of California.
Posted at 10:32 AM by Howard Bashman



"Asking a Judge to Save the World, and Maybe a Whole Lot More": This article appears today in The New York Times.
Posted at 10:24 AM by Howard Bashman


Available online from law.com: An article reports that "9th Circuit Panel Sounds Ready to OK Logging Plan."

And in other news, "Pa. Supreme Court Agrees Again to Hear Appeal Over H&R Block Refund Program."
Posted at 08:45 AM by Howard Bashman



"Dog owners have responsibility to stop attacks, court says; Ruling against dog owner whose pets injured a visitor": Today in The Austin American-Statesman, Chuck Lindell has an article that begins, "Texas' 'first free bite' rule -- allowing dog owners to escape most legal liability if a previously gentle dog attacks -- does not free owners from the responsibility of stopping an attack once it begins, the Texas Supreme Court ruled Friday."

You can access yesterday's ruling of the Supreme Court of Texas at this link.
Posted at 08:42 AM by Howard Bashman



"Final defendant in 2003 smuggling deaths set to plead": The Houston Chronicle today contains an article that begins, "The Mexican citizen whose extradition to the United States last year made him the final defendant in the nation's worst human smuggling tragedy is set to plead guilty next month."
Posted at 08:37 AM by Howard Bashman


"Appeals court upholds Austin smoking ban; Enforcement can shift from individuals back to businesses, city officials say": This article appears today in The Austin American-Statesman.

My earlier coverage of yesterday's Fifth Circuit ruling appears at this link.
Posted at 08:34 AM by Howard Bashman



Friday, March 28, 2008

"Salazar to size up judge; Complaints spur look at Nottingham conduct": The Denver Post today contains an article that begins, "U.S. Sen. Ken Salazar said Thursday that he is concerned about reports that U.S. District Chief Judge Edward Nottingham Jr. engaged in immoral conduct and wants to investigate further to determine whether sanctions are necessary."

And The Rocky Mountain News reports today that "Salazar compares Nottingham's conduct with Spitzer's."
Posted at 08:05 PM by Howard Bashman



Fifth Circuit reinstates municipal ordinance intended to prohibit smoking in public places in Austin, Texas: You can access today's ruling at this link.
Posted at 03:54 PM by Howard Bashman


Partially divided three-judge First Circuit panel reverses class certifications in MDL consumer action alleging a conspiracy by automobile manufacturers to illegally block lower-priced imports from Canada: You can access today's ruling of the U.S. Court of Appeals for the First Circuit at this link.
Posted at 03:22 PM by Howard Bashman


A man is accused of grabbing his own crotch, and a D.C. Circuit appeal ensues: You can access today's ruling of the U.S. Court of Appeals for the D.C. Circuit at this link.
Posted at 10:57 AM by Howard Bashman


Today at the "Althouse" blog: A post from Ann stating, "I was tempted to write a post about the existential angst of Howard Bashman." Alas, her discussion of that subject apparently must await another day.
Posted at 09:30 AM by Howard Bashman


"Ex-Governor of Alabama Is Ordered Released": The New York Times today contains an article that begins, "Donald Siegelman, former governor of Alabama, was ordered released from prison on Thursday by a federal appeals court, pending his appeal of a bribery conviction that Democrats say resulted from a politically driven prosecution."

The Birmingham News reports today that "Court orders Siegelman free on bond, won't let Scrushy out on appeal; Scrushy, once labeled flight risk, remains locked up."

And The Montgomery Advertiser reports that "Siegelman granted release from prison."

Last month, the CBS News program "60 Minutes" had this video segment about the prosecution. A transcript of the segment can be accessed here.
Posted at 09:17 AM by Howard Bashman



"Tapes' Destruction Hovers Over Detainee Cases": Today's edition of The New York Times contains a front page article that begins, "When officers from the Central Intelligence Agency destroyed hundreds of hours of videotapes documenting harsh interrogations in 2005, they may have believed they were freeing the government and themselves from potentially serious legal trouble. But nearly four months after the disclosure that the tapes were destroyed, the list of legal entanglements for the C.I.A., the Defense Department and other agencies is only growing longer. In addition to criminal and Congressional investigations of the tapes' destruction, the government is fighting off challenges in several major terrorism cases and a raft of prisoners' legal claims that it may have destroyed evidence."
Posted at 09:05 AM by Howard Bashman


"Life term or new penalty hearing ordered for Mumia Abu-Jamal": This article appears today in The Philadelphia Inquirer, along with articles headlined "Maureen Faulkner reacts to Abu-Jamal decision" and "Abu-Jamal's defenders irate; detractors see mixed bag."

And today's edition of The Philadelphia Daily News reports that "Abu-Jamal's conviction upheld, death sentence questioned." In addition, columnist Jill Porter has an op-ed entitled "Just let Abu-Jamal rot in jail and get it over with."

My earlier coverage of yesterday's Third Circuit ruling appears at this link.
Posted at 08:48 AM by Howard Bashman



"Cyclist a hindrance, agent says": In today's edition of The San Francisco Chronicle, Lance Williams has an article that begins, "The federal agent who led the investigation of the BALCO steroids ring said Thursday that his probe stalled for a time because an elite cyclist didn't tell the truth about the chemist who created the drugs at the heart of the scandal."

And in yesterday's newspaper, Williams had an article headlined "Cyclist appeared to be shaving face, drug tester tells jury." That's apparently newsworthy because the cyclist in question is female.
Posted at 08:40 AM by Howard Bashman



"Mukasey backs Bush efforts on wiretapping": Bob Egelko has this article today in The San Francisco Chronicle.

And today in The New York Sun, Josh Gerstein reports that "Mukasey Makes Emotional Plea for Surveillance Powers." The newspaper also contains an editorial entitled "Mukasey's Emotion."
Posted at 08:34 AM by Howard Bashman



"Lockerbie Lawyer Optimistic on Libya Claims Accord": Bloomberg News provides this report.

And The Associated Press reports that "US Weighing Libyan Compensation Offer."
Posted at 08:22 AM by Howard Bashman



"The House of Representatives' Contempt Citation Against White House Officials: Why the U.S. District Court for the District of Columbia Should Opt for En Banc Review." Carl Tobias has this essay online today at FindLaw.
Posted at 06:40 AM by Howard Bashman


Thursday, March 27, 2008

Available online from law.com: An article is headlined "N.J. Supreme Court: Punitives for Wrongdoer Only, Not for General Deterrence." You can access today's ruling of the Supreme Court of New Jersey at this link.

Shannon P. Duffy reports that "Mumia Abu-Jamal's Death Sentence Overturned, but Conviction Upheld." My earlier coverage of today's Third Circuit ruling appears at this link.

And in other news, "Office of Legal Counsel Nominee Has Liberal Roots; Steven Bradbury may have started in a vegetarian commune, but the OLC nominee moved right."
Posted at 11:02 PM by Howard Bashman



"Protecting Americans' habeas rights: No matter what the administration says, two U.S. citizens held by the military in Iraq deserve a hearing." The Los Angeles Times contains this editorial today.
Posted at 10:57 PM by Howard Bashman


"Court allows Siegelman release from prison pending appeal": The Associated Press provides a report that begins, "A federal appeals court approved the release of former Alabama Gov. Don Siegelman on bond Thursday while he appeals his conviction in a corruption case. The 11th U.S. Circuit Court of Appeals said the former governor had raised 'substantial questions of fact and law' in challenging his conviction."
Posted at 10:50 PM by Howard Bashman


"Pulitzer winner to join Yale Law; Linda Greenhouse, Supreme Court reporter for the Times, to become journalist-in-residence": This article appears today in The Yale Daily News.
Posted at 10:45 PM by Howard Bashman


"A Lawyer's 'Good Day' at the Supreme Court": Tony Mauro has this post today at "The BLT: The Blog of Legal Times."
Posted at 10:34 PM by Howard Bashman


Justice Sandra Day O'Connor acknowledges that she won't have to wear a thong bathing suit if she visits the state parks of Florida: Details are contained in the update to my post from earlier this month titled "At a minimum, don't omit 'at a minimum.'"

Justice O'Connor is also in the news today for less provocative reasons. Today's edition of The Winchester Star contains articles headlined "Former justice receives Byrd service award; Sandra Day O'Connor honored at VMI" and "O'Connor: Clear policy needed for prisoners; Standards of treatment have been blurred in war on terror."
Posted at 10:32 PM by Howard Bashman



"Scalia Criticizes News Media": The Associated Press provides this report.
Posted at 10:12 PM by Howard Bashman


Dispute over how to apply U.S. Supreme Court's fractured ruling in Rapanos v. United States gives rise to a dissent from the Eleventh Circuit's denial of rehearing en banc: Two judges serving on the U.S. Court of Appeals for the Eleventh Circuit joined in this dissent from the denial of rehearing en banc issued today.
Posted at 04:44 PM by Howard Bashman


"Ninth Circuit Court of Appeals Announces New Clerk of Court": The Public Information Office of the U.S. Court of Appeals for the Ninth Circuit yesterday issued this news release.
Posted at 04:30 PM by Howard Bashman


"City can't limit liability in Staten Island Ferry crash, court rules": The Staten Island Advance provides this news update.

The Associated Press reports that "Appeals court finds city can be held fully liable in ferry crash."

And the "City Room" blog of The New York Times provides a post titled "Court Finds City Was Negligent in S.I. Ferry Crash."

You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 04:15 PM by Howard Bashman



Eligibility for deportation for "stalking" conviction is not unconstitutionally vague on its face or as applied, Second Circuit rules: The U.S. Court of Appeals for the Second Circuit issued this ruling today.
Posted at 04:11 PM by Howard Bashman


"No death for Mumia Abu-Jamal -- at least for now": The Philadelphia Inquirer provides a news update that begins, "A federal appeals court today refused to reinstate the death sentence of world-famous death row inmate Mumia Abu-Jamal, but left intact his murder conviction in the 1981 shooting death of Philadelphia Police Officer Daniel Faulkner." That newspaper has also collected some of its extensive earlier coverage of the case at this link.

The Associated Press provides a report headlined "Court: Mumia Deserves New Hearing."

And BBC News reports that "US court overturns death sentence; A US federal appeals court has overturned the death sentence imposed on former Black Panthers member Mumia Abu-Jamal."

You can access today's ruling of the U.S. Court of Appeals for the Third Circuit at this link.
Posted at 03:58 PM by Howard Bashman



Programming note: I will again be in court today on a client matter. Additional posts will appear here this evening.
Posted at 06:40 AM by Howard Bashman


"Court Looks at Legal Role for Mentally Ill": Linda Greenhouse has this article today in The New York Times.

Today in The Washington Post, Robert Barnes reports that "High Court Weighs Self-Representation."

Joan Biskupic of USA Today reports that "Court weighs self-representation; Justices signal openness to new limits for mentally ill."

And law.com's Tony Mauro reports that "Supreme Court Hears Case Involving Mentally Ill Defendants Representing Themselves."
Posted at 06:37 AM by Howard Bashman



"U.S. Court upholds 10 Commandments on public land": Reuters provides a report that begins, "A nearly 50-year-old monument inscribed with the Ten Commandments does not violate the Constitution just because it sits nearly alone on public grounds in a Washington city, a federal appeals court ruled on Wednesday." According to the article, the ruling involves "a 6-foot-tall (1.8-meter-tall) granite monument near the Old City Hall in Everett, Washington, about 25 miles north of Seattle."

You can access yesterday's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link. The opinion also contains an appendix consisting of several photographs.
Posted at 06:32 AM by Howard Bashman



"Appeal Allows Lawsuits by Ground Zero Workers": This article appears today in The New York Times.

And Joseph Goldstein of The New York Sun reports that "Court Clears Way for 9/11 Illness Lawsuit."

You can access yesterday's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 06:25 AM by Howard Bashman



"A Recent Supreme Court Decision on the Vienna Convention Reaffirms that Justice Stevens, at Eighty-Eight, Remains A Force to Be Reckoned With": Edward Lazarus has this essay online today at FindLaw.
Posted at 06:18 AM by Howard Bashman


"Constitutionally Incorrect: Barack Obama is just the latest person to get the history of the Constitution wrong by ignoring the Reconstruction amendments." Doug Kendall has this essay online at The New Republic.
Posted at 06:15 AM by Howard Bashman


Wednesday, March 26, 2008

"Court Hears Arguments on Americans Held in Iraq": Linda Greenhouse has this article today in The New York Times.

Today in USA Today, Joan Biskupic reports that "Justices mull limits on rights of detainees."

Last Friday, Jess Bravin of The Wall Street Journal previewed the oral argument in an article headlined "U.S. Prisoners Fight Transfer; Military Wants 2 in Iraq To Be Tried by Baghdad; Supreme Court to Rule."

Online at Slate, Dahlia Lithwick has a Supreme Court dispatch headlined "Jail of Two Cities: The Supreme Court gives the right to habeas corpus a swirly."

From National Public Radio, yesterday's broadcast of "Morning Edition" contained an audio segment entitled "High Court Hears Cases of U.S. Citizens Held in Iraq" featuring Nina Totenberg. And yesterday's broadcast of "Day to Day" contained an audio segment entitled "Court Weighs Rights of Americans Arrested in Iraq" featuring Dahlia Lithwick. RealPlayer is required to launch these audio segments.

And at "SCOTUSblog," Lyle Denniston has a post titled "A simple argument made confusing."

You can access the transcript of yesterday's U.S. Supreme Court oral argument in Munaf v. Geren, No. 06-1666, at this link.
Posted at 11:44 PM by Howard Bashman



"Mukasey Goes to Court to Argue a Terrorism Case": This article appears today in The New York Times.

The Washington Post today contains an article headlined "After a Lifetime in Law, a First Day in Court."

David G. Savage of The Los Angeles Times reports that "Supreme Court hears war-on-terrorism cases; Justices sound as if they will rule on the side of the Bush administration in case of the 'Millennium Bomber' and a U.S. citizen who was arrested by U.S. forces in Iraq."

Yesterday's broadcast of NPR's "All Things Considered" contained an audio segment entitled "Attorney General Argues First Supreme Court Case" (RealPlayer required).

And at "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "Mukasey's Moment."

You can access the transcript of yesterday's U.S. Supreme Court oral argument in United States v. Ressam, No. 07-455, at this link.
Posted at 11:30 PM by Howard Bashman



"Affirmative Action Foes Push Ballot Initiatives; Activists, With Eyes on November, Focus on Five States": Today's edition of The Washington Post contains an article that begins, "Sixteen months after voters in Michigan voted to kill affirmative action in the public sphere, opponents of preferences based on race and gender are pushing five more states to ban the practice."
Posted at 11:15 PM by Howard Bashman


"Why have Clinton and Obama ducked gun control issue?" David Lightman of McClatchy Newspapers has an article that begins, "When Supreme Court justices debate the legality of the District of Columbia's ban on handguns in coming weeks, their file will include a legal brief from Vice President Dick Cheney, Arizona Sen. John McCain and 54 other senators asking that the law be overturned. But they won't find anything from Democratic Sens. Hillary Clinton of New York or Barack Obama of Illinois. They didn't sign the rival brief from other members of Congress who back the tough handgun restrictions."
Posted at 10:54 PM by Howard Bashman


"Firing of library worker causes uproar; Aide's dismissal after she alerted police to a patron allegedly viewing child porn has roiled the Central Valley town of Lindsay": This article appears today in The Los Angeles Times.

And today's edition of The Visalia Times-Delta contains articles headlined "Retired judge may mediate library dispute" and "Manuals offer little guidance on illegal computer use."
Posted at 10:48 PM by Howard Bashman



"Appeals court will reconsider homeschooling ruling": Bob Egelko of The San Francisco Chronicle provides a news update that begins, "A state appeals court has agreed to reconsider its decision last month that barred homeschooling by parents who lack teaching credentials, raising the possibility that the judges will change a decision that has infuriated homeschool advocates nationwide. The Second District Court of Appeal in Los Angeles granted a rehearing Tuesday at the request of a couple who have taught their eight children at home without credentials."
Posted at 10:47 PM by Howard Bashman


"Justices Rebuff Bush and World Court; Powers Limited in Texas Death Case": Robert Barnes has this front page article today in The Washington Post.

Today in The New York Times, Linda Greenhouse reports that "Justices Block New Hearing for Mexican."

In The Los Angeles Times, David G. Savage reports that "Supreme Court rules Bush exceeded his powers; Saying he does not have 'unilateral authority' to force states to comply with an international treaty, justices vote 6-3 to reject presidential order to reopen cases of foreign nationals." The newspaper also contains an editorial entitled "Supreme Court doesn't mess with Texas; The high court properly rebuked Bush; But it should have given a Mexican man his day in court."

In USA Today, Joan Biskupic reports that "High court rejects Bush action in Mexican's death row case."

Charlie Savage of The Boston Globe reports that "Court rebukes Bush in death penalty case; Conservatives check expansion of executive power."

Warren Richey of The Christian Science Monitor reports that "Supreme Court rules against Bush in death-row case; A 6-to-3 majority said the president can't order a state court to abide by an international court ruling."

Patti Waldmeir of Financial Times reports that "Top US court at odds with Bush over his powers."

law.com's Tony Mauro reports that "Supreme Court Sides With Texas in Dispute With Bush; High court's 6-3 decision drew strong reaction on both sides."

The Washington Times reports that "Court says Bush stretched powers."

The Houston Chronicle reports that "Supreme Court trumps executive power; President can't force a new trial for Mexican in 1993 murders, the justices find."

The San Antonio Express-News reports that "Justices rule foreigners can be executed."

The Fort Worth Star-Telegram reports that "Court rules against Bush in Texas death-penalty case."

The Dallas Morning News contains an article headlined "Supreme Court: No new hearing for Texas death row inmate."

From National Public Radio, yesterday evening's broadcast of "All Things Considered" contained an audio segment entitled "States Not Subject to All Treaties, High Court Rules" featuring Nina Totenberg. And today's broadcast of "Morning Edition" contained an audio segment entitled "High Court Rejects Bush Assertion on U.S. Treaties" also featuring Nina Totenberg. RealPlayer is required to launch these audio segments.

And yesterday's broadcast of the PBS program "The NewsHour with Jim Lehrer" contained a segment entitled "Court Overrules President Bush in Texas Case, Weighs Detainee Rights" (transcript with links to audio and video) featuring Marcia Coyle.
Posted at 10:28 PM by Howard Bashman



"Court Strikes Down State Law Protecting Fliers": This article appears today in The New York Times.

Joseph Goldstein of The New York Sun reports today that "Judges Ground N.Y.'s Airline Regulation Law."

The Washington Post reports that "Court Rejects Air Travelers Bill of Rights; Appeals Panel Rules Against N.Y. Law Saying States Cannot Regulate Airlines."

Bob Egelko of The San Francisco Chronicle reports that "N.Y.'s Passenger Bill of Rights struck down."

USA Today reports that "Air passenger rights law struck down; Federal court says states don't have such authority."

Newsday reports that "State airline passenger bill of rights struck down."

Bloomberg News reports that "Air Traveler 'Bill of Rights' Downed by Appeals Court."

Reuters reports that "U.S. court rejects airline passengers rights law."

And law.com reports that "2nd Circuit Strikes Down N.Y. 'Passenger Bill of Rights.'"

My earlier coverage of yesterday's Second Circuit ruling appears at this link.
Posted at 10:14 PM by Howard Bashman



"9th Circuit Pulls Judge Off Case, Accusing Him of 'Biased Interventions'; U.S. District Judge Manuel L. Real has been removed from at least seven other cases in the past": Pamela A. MacLean of The National Law Journal provides this report.

My earlier coverage of last week's Ninth Circuit ruling appears at this link.
Posted at 09:58 PM by Howard Bashman



"Yale Law School nabs Linda Greenhouse after Times departure": The Yale Daily News provides this news update.

And Yale Law School today issued a news release headlined "Linda Greenhouse Returning To Yale Law School in 2009 as Journalist-in-Residence" (via "LawBeat").
Posted at 08:32 PM by Howard Bashman



"Foreign Courts Wary of U.S. Punitive Damages": Adam Liptak has this article today in The New York Times.
Posted at 08:27 PM by Howard Bashman


"Ruling on Mercury Emissions Is Appealed": The Associated Press provides a report that begins, "The Bush administration has appealed a court ruling that the Environmental Protection Agency violated the federal Clean Air Act when it issued less stringent requirements to reduce mercury releases from power plants. The Justice Department, on behalf of the EPA, asked that the full Court of Appeals for the District of Columbia Circuit reconsider the ruling in a lawsuit brought by New Jersey and 16 other states."
Posted at 08:00 PM by Howard Bashman


"Supreme Court presses Crown on Khadr": The Toronto Globe and Mail provides a news update that begins, "Several Supreme Court of Canada justices applied strong pressure to a federal lawyer this morning to reveal what U.S. authorities were given confidential information about accused terrorist Omar Khadr."

The Toronto Star provides a news update headlined "Ottawa fights Khadr ruling; Supreme Court justices pepper government lawyer with questions."

The Canadian Press reports that "Khadr's lawyers hopeful top court will aid in defence against U.S. charges."

CBC News reports that "Top court reserves judgment on release of Khadr transcripts; Canada 'took advantage' of Khadr at Guantanamo Bay, lawyer says."

Canwest News Service reports that "Wrong court for Khadr disclosure arguments, government says."

The Associated Press reports that "Guantanamo Argued in Canada's High Court."

And Reuters reports that "Canada court told of Guantanamo rights violations."
Posted at 07:44 PM by Howard Bashman



Access online the transcripts of today's U.S. Supreme Court oral arguments: You can access the transcript of today's oral argument in Indiana v. Edwards, No. 07-208, at this link. And you can access the transcript of today's oral argument in Florida Dept. of Revenue v. Piccadilly Cafeterias, Inc., No. 07-312, at this link.

In news coverage, Mark Sherman of The Associated Press reports that "Court Hears Mentally Ill Defendant Case."

The Indianapolis Star provides a news update headlined "Court hears Ind. self-representation case."

From National Public Radio, this evening's broadcast of "All Things Considered" contained an audio segment entitled "Justices Weigh Definitions of Competency" featuring Nina Totenberg. And today's broadcast of "Day to Day" contained an audio segment entitled "Supreme Court Hears Schizophrenia Case" featuring Lyle Denniston. RealPlayer is required to launch these audio segments.

And at "SCOTUSblog," Lyle Denniston has a post titled "Competency and the criminal trial."
Posted at 07:33 PM by Howard Bashman



"About Face: The Roberts Court Sets the Stage for Shrinking Voting Rights, Putting Poor and Minority Voters Especially In Danger." Law Professor Richard L. Hasen, author of the "Election Law" blog, has this essay online today at FindLaw.
Posted at 07:23 PM by Howard Bashman


Programming note: I will be in court again today on a client matter. "SCOTUSblog" will provide timely coverage of any opinions that the U.S. Supreme Court issues today.

An internet outage at home prevented updates to this blog last night. Hope springs eternal for tonight, however.
Posted at 08:04 AM by Howard Bashman



Tuesday, March 25, 2008

The Supreme Court of the United States today issued two decisions in argued cases: The Court today issued decisions in the following two cases --

1. In Medellin v. Texas, No. 06-984, Chief Justice John G. Roberts, Jr. delivered the opinion of the Court, in which Justices Antonin Scalia, Anthony M. Kennedy, Clarence Thomas, and Samuel A. Alito, Jr. joined. Justice John Paul Stevens issued an opinion concurring in the judgment. And Justice Stephen G. Breyer issued a dissenting opinion, in which Justices David H. Souter and Ruth Bader Ginsburg joined. You can access the opinion at this link and the oral argument transcript at this link.

2. And in Hall Street Associates, L.L.C. v. Mattel, Inc., No. 06-989, Justice Souter delivered the opinion of the Court, in which the Chief Justice and Justices Thomas, Ginsburg, and Alito joined in full and in which Justice Scalia joined in large measure. Justice Stevens issued a dissenting opinion, in which Justice Kennedy joined. And Justice Breyer also issued a dissenting opinion. You can access the opinion at this link and the oral argument transcript at this link.

In news coverage from The Associated Press, Mark Sherman reports that "Court Backs Texas in Dispute With Bush." And Pete Yost reports that "High Court Rules in Arbitration Case."

Robert Barnes of The Washington Post provides a news update headlined "Court Backs Texas in Dispute With Bush."

David G. Savage of The Los Angeles Times provides a news update headlined "Supreme Court rejects Bush's claim on death cases; In a case that pitted the president against his home state of Texas, the high court rules that he does not have the authority to order new hearings for Mexican nationals."

Dave Montgomery of McClatchy Newspapers has a report headlined "Supreme Court: Bush can't order hearing for condemned Mexican."

James Vicini of Reuters reports that "Court rules against Bush, Mexican on death row."

Greg Stohr of Bloomberg News reports that "U.S. High Court Denies Hearing to Death Row Mexicans."

And at "SCOTUSblog," Lyle Denniston has a post titled "States win over President on criminal law issue."
Posted at 06:05 PM by Howard Bashman



"Court Overturns Air Passenger Rights Law": The Associated Press provides a report that begins, "A federal appeals court Tuesday struck down a state law requiring airlines to give food, water, clean toilets and fresh air to passengers stuck in delayed planes, saying the measure was well-intentioned but stepped on federal authority. The 2nd U.S. Circuit Court of Appeals said New York's law - the first of its kind in the country - interferes with federal law governing the price, route or service of an air carrier."

You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 05:30 PM by Howard Bashman



Programming note: I will be in court today on a client matter. "SCOTUSblog" will provide timely coverage of any opinions that the U.S. Supreme Court issues today.
Posted at 06:42 AM by Howard Bashman


"2 opposing views of cyclist in BALCO case": Lance Williams has this article today in The San Francisco Chronicle.
Posted at 06:40 AM by Howard Bashman


"At Supreme Court: Americans accused in Iraq want U.S. judge; Key issue: Do citizens held by the US military in a foreign war have constitutional protections?" Warren Richey has this article today in The Christian Science Monitor.

Today in USA Today, Joan Biskupic reports that "Justices to hear dispute on U.S. citizens captured in Iraq; Two men seek court access to challenge their detention."

And Mark Sherman of The Associated Press reports that "Americans Held in Iraq Head to Court."
Posted at 06:38 AM by Howard Bashman



"Justices to Weigh Search and Consent": Linda Greenhouse has this article today in The New York Times.

And today in The Los Angeles Times, David G. Savage reports that "Supreme Court allows retiree benefit cuts; Employers may coordinate with Medicare on healthcare provisions for seniors; An AARP legal challenge is turned away."
Posted at 06:30 AM by Howard Bashman



Available online from law.com: An article is headlined "9th Circuit: County Can't Use RICO to Sue Companies for Hiring Illegal Aliens."

Shannon P. Duffy has an article headlined "3rd Circuit: Final Judgment No Prerequisite for Attorney Fees."

And in other news, "11th Circuit Demands Sanctions in Libel Suit; Panel says district judge erred in not sanctioning the plaintiffs in their failed suit."
Posted at 06:24 AM by Howard Bashman



Monday, March 24, 2008

"Consensus on Counting the Innocent: We Can't." Tuesday's installment of The New York Times will contain this new installment of Adam Liptak's "Sidebar" column.

It begins, "A couple of years ago, Justice Antonin Scalia, concurring in a Supreme Court death penalty decision, took stock of the American criminal justice system and pronounced himself satisfied. The rate at which innocent people are convicted of felonies is, he said, less than three-hundredths of 1 percent -- .027 percent, to be exact."
Posted at 11:25 PM by Howard Bashman



"S.C. inmate's Supreme Court win earns him criminal probe": Michael Doyle of McClatchy Newspapers provides this report.
Posted at 11:24 PM by Howard Bashman


"Courthouse's bold art draws a mixed verdict; Not all see worth in valuable works": The Boston Globe today contains an article that begins, "To the untutored eye, they are simply huge rectangular panels - reds, yellows, blues, greens - that have hung like oversized Post-it Notes on the walls of the cavernous federal courthouse since it opened a decade ago. Hundreds of people pass them daily; few seem to notice. In fact, the fiberglass-and-aluminum panels are among the most valuable works of art in Boston by a living artist, commissioned at a cost of $800,000 in tax dollars, and probably worth millions today. The revelation usually leaves visitors to the John Joseph Moakley courthouse incredulous or bemused."
Posted at 08:35 PM by Howard Bashman


"Cyclist's trial foreshadows Bonds' case": Today in The San Francisco Chronicle, Lance Williams has an article that begins, "Caught up in the BALCO steroids scandal, an elite athlete adamantly denies using banned drugs, then mounts an aggressive defense to a perjury indictment. It sounds like the case of former Giants slugger Barry Bonds, accused of lying under oath to the federal grand jury that investigated Burlingame's Bay Area Laboratory Co-Operative steroid ring in 2003. Instead, starting today in federal court in San Francisco, a lesser-known American sports champion - Tammy Thomas, a onetime star of bicycle track racing - goes on trial, charged with perjury and obstruction of justice. Her case is of interest because it amounts to a dress rehearsal for the trial of Bonds, which may get under way later this year."
Posted at 08:32 PM by Howard Bashman


Seventh Circuit affirms federal death sentence imposed on a criminal defendant who, while robbing a bank, murdered two people: You can access today's ruling at this link.
Posted at 07:27 PM by Howard Bashman


Access online the transcript of today's U.S. Supreme Court oral arguments: The Court today heard oral argument in three cases. You can access the transcript in Burgess v. United States, No. 06-11429, at this link. You can access the transcript in United States v. Clintwood Elkhorn Mining Co., No. 07-308, at this link. And you can access the transcript in Riley v. Kennedy, No. 07-77, at this link.

In news coverage, The Associated Press reports that "High Court Tackles Ala. Voting Case."

And at "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "A Trifecta and a Sprint at the Supreme Court."
Posted at 07:08 PM by Howard Bashman



"Agee deserves quick confirmation": Law Professor Carl Tobias has this op-ed today in The Roanoke Times.
Posted at 06:54 PM by Howard Bashman


"With the Supreme Court Poised to Redefine the Right to Bear Arms, Far-Reaching Questions Loom": Michael C. Dorf has this essay online today at FindLaw.
Posted at 06:50 PM by Howard Bashman


Access online today's Order List of the U.S. Supreme Court: It is available online at this link.

In news coverage, Pete Yost of The Associated Press reports that "Justices to Hear Warrantless Search Case." The AP also reports that "Court Takes Firearms Possession Case"; "Court Allows Inmates to Get Abortions"; "Court Turns Down Anti-Clinton Group"; and "High Court Declines AARP Appeal."

David G. Savage of The Los Angeles Times provides a news update headlined "U.S. Supreme Court allows employers to reduce health benefits for older retirees; The AARP had argued that reducing benefits for Medicare-eligible retirees amounted to age discrimination; The Supreme Court disagreed."

Greg Stohr of Bloomberg News reports that "Top U.S. Court Won't Question NYSE Immunity in Suit."

At "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "Saucier Than Usual, the Supreme Court Tackles a Precedent."

And at "SCOTUSblog," Lyle Denniston has a post titled "Court rejects campaign ad case."
Posted at 06:42 PM by Howard Bashman



Programming note: I will be in court today on a client matter. "SCOTUSblog" will provide timely coverage of today's U.S. Supreme Court Order List and oral arguments.
Posted at 06:35 AM by Howard Bashman


"Chill the Press: A judge's harsh penalty could limit the public's right to know." The Washington Post contains this editorial today.
Posted at 06:32 AM by Howard Bashman


"Imprisoned in Iraq: The Supreme Court will decide if two U.S. civilians charged under Iraqi law may appeal to U.S. courts." This editorial appears today in The Washington Post.
Posted at 06:30 AM by Howard Bashman


"Out of Guantanamo and Bitter Toward Bin Laden": The Washington Post contains this article today.
Posted at 06:27 AM by Howard Bashman


"Wisconsin Bar Brawl: The trial bar wants to own the state Supreme Court." This editorial appears today in The Wall Street Journal.
Posted at 06:22 AM by Howard Bashman


Joseph Goldstein of The New York Sun is reporting: In today's newspaper, he has articles headlined "A Court Sheds New Light on Terror Probe; 4th Circuit Weighs Role and Power of Prosecutors" and "Brooklyn Trial of Drug Dealer May Constitute Double Jeopardy."
Posted at 06:17 AM by Howard Bashman


Sunday, March 23, 2008

"Photographing Legs Is Not Sexual Harassment": The Korea Times provides a report that begins, "Does taking a picture of the legs of a woman in a miniskirt constitute sexual harassment or not? The nationís top court said, 'No.' The Supreme Court acquitted a man of charges that he sexually harassed a young woman by taking a picture of her legs on the subway last December."

And The Chosun Ilbo reports that "Supreme Court Acquits Peeping Tom."
Posted at 10:50 PM by Howard Bashman



"Clarence Thomas Is Not 'Mr. Constitution'": Law Professor Cass R. Sunstein has this post today at The New Republic's "Open University" blog.
Posted at 10:45 PM by Howard Bashman


"Bargain Basement Judiciary": Today in The Washington Post, columnist George F. Will has an op-ed that begins, "On New Year's Day, Chief Justice John Roberts, pursuant to his duty to report annually on the condition of the federal judiciary, issued a short and persuasive plea. It was lost in the cacophony of political news."
Posted at 07:40 PM by Howard Bashman


"'Free speech' still evolving": Today in The Providence (R.I.) Journal, Edward Fitzpatrick has an article that begins, "Guess what happened to the antiwar protesters who threw anonymous pamphlets from a rooftop, urging people to go on strike because the president had sent troops to another country? They were sentenced to 20 years in prison and the nationís top court upheld their conviction on sedition charges."
Posted at 07:30 PM by Howard Bashman


"'Issue ads' playing big role in race for Wisconsin Supreme Court": The La Crosse Tribune contains this article today.

And The Milwaukee Journal Sentinel reports today that "Butler touts experience as a judge, voting record on court."
Posted at 10:50 AM by Howard Bashman



"Open-government advocate calls Ohio Supreme Court records panel unconstitutional; Lawyer says it lacks authority over access": This article appears today in The Cleveland Plain Dealer.
Posted at 10:48 AM by Howard Bashman


"Cities modify Jessica's Law even as court mulls validity": Today's edition of The San Diego Union-Tribune contains an article that begins, "As the state Supreme Court considers the validity of California's sex-offender statute, known as Jessica's Law, San Diego and other cities are passing tougher versions of it."
Posted at 10:47 AM by Howard Bashman


Saturday, March 22, 2008

"Suit against Democrats dismissed; Floridian wanting state's delegates seated will try again": This article appears today in The Atlanta Journal-Constitution.

The St. Petersburg Times reports today that "Tampa activist's case to seat Democratic delegates is dismissed but still alive."

The South Florida Sun-Sentinel reports that "Suit challenging Democrats over Florida primary returned to lower court."

And The Tallahassee Democrat reports that "Court rejects appeal to count votes."

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



"Refusal Keeps Terrorism Convict in Prison; Former Professor Fights Attempts to Force His Testimony Against Muslim Charities": The Washington Post today contains an article that begins, "Former university professor Sami al-Arian wants to finish serving his prison sentence for a terrorism-related crime next month so that he can be deported to the Palestinian territories. But the Bush administration is threatening to keep him behind bars until he does something he has steadfastly refused to do: testify before a grand jury investigating allegations that Muslim charities aided terrorism organizations."
Posted at 11:03 PM by Howard Bashman


"Iraq Detention Case Heads to High Court; Jailed American Citizens Say They Have Right to Access U.S. Legal System": Josh White and Robert Barnes will have this article Sunday in The Washington Post.
Posted at 10:55 PM by Howard Bashman


"The Supreme Court and Indecency": Sunday's edition of The New York Times will contain this editorial.

Today's edition of The Los Angeles Times contains an editorial entitled "Supreme Court takes on TV's dirty words; The FCC's rules to shield kids from bad language are senseless when circumventing them is child's play."

And today's edition of The Rocky Mountain News contains an editorial entitled "Broadcast TV and 'fleeting obscenities.'"
Posted at 10:47 PM by Howard Bashman



"Mo' Money, Mo' Justice: Justice Maureen O'Connor says campaign money doesn't affect her rulings; Her record says otherwise." This article appears in the current issue of the Scene of Cleveland, Ohio.

And today in The Wall Street Journal, James Sample has an op-ed entitled "Justice for Sale: How judicial elections help breed corruption."
Posted at 10:44 PM by Howard Bashman



"Vermont Court to decide if food is punishment": The Associated Press provides a report that begins, "Savory it isn't: It's made of whole wheat bread, non-dairy cheese, raw carrots, spinach, seedless raisins, beans, vegetable oil, tomato paste, powdered milk and dehydrated potato flakes. To prison officials, it's a complete meal. To inmates, it's a food so awful, they'd rather go hungry than eat it. Now, in the latest legal battle over the prison cafeteria standard known as Nutraloaf, the Vermont Supreme Court is being asked to decide whether it's punishment or merely behavior modification."
Posted at 01:44 PM by Howard Bashman


"High court to consider self-representation": At the web site of USA Today, you can access an article that begins, "A shoe shoplifting incident that escalated into a lunchtime shooting in downtown Indianapolis nearly a decade ago is now the basis for the Supreme Court to decide how much latitude states have to determine if a defendant is capable of representing himself at trial. The Supreme Court is set to hear oral arguments Wednesday in an Indiana case in which a Marion County judge decided a defendant with a history of mental illness was competent to stand trial, but not to represent himself as he requested."
Posted at 01:38 PM by Howard Bashman


"Loophole in a liquor law puzzles experts; Businesses may not be liable for selling to an intoxicated minor": Mary Flood has this article today in The Houston Chronicle.
Posted at 01:35 PM by Howard Bashman


"Clarence Thomas: Mr. Constitution." Today in The Wall Street Journal, David B. Rivkin and Lee A. Casey have this commentary reporting on their recent interview of Justice Clarence Thomas.
Posted at 01:34 PM by Howard Bashman


"Timely decision: Overturned Louisiana murder conviction should send pointed message to Harris County prosecutors." The Houston Chronicle contains this editorial today.

And CBS News legal analyst Andrew Cohen has a "CourtWatch" column headlined "The Book Of Clarence Thomas: Court's Only Black Justice Won't Oppose Legal Racism In Death Penalty Case."
Posted at 01:32 PM by Howard Bashman



"Highest Lawman Prepares to Meet Highest Court": This article appears today in The Washington Post.

And The Wall Street Journal reports today that "Mukasey to Jump The Bar Tuesday."
Posted at 01:28 PM by Howard Bashman



"To Keep and Bear Arms": Charles Lane has this op-ed today in The Washington Post.

And today in The Seattle Post-Intelligencer, Rowland Nethaway has an op-ed entitled "Nine justices parsing 27 words."
Posted at 01:25 PM by Howard Bashman



"Blunt submits Supreme Court brief supporting death for child rape": Today's edition of The Kansas City Star contains an article that begins, "Missouri Gov. Matt Blunt has filed a brief with the U.S. Supreme Court supporting the death penalty for child rapists."
Posted at 01:22 PM by Howard Bashman


Friday, March 21, 2008

"Equal justice: A Supreme Court decision shows why all peremptory challenges to jurors should be abolished." This editorial appears today in The Los Angeles Times.

Writing at Slate's "Convictions" blog, U.S. District Judge Nancy Gertner (D. Mass.) disagrees.
Posted at 11:20 PM by Howard Bashman



"N.Y. Governor Says Grim Economy Makes Judicial Pay Raise 'Very Difficult'": law.com provides this report.
Posted at 11:14 PM by Howard Bashman


"Court Disbars Cheney Ex-Aide; Libby Loses Right To Practice Law": This article appears today in The Washington Post.

My earlier coverage of yesterday's order appears at this link.
Posted at 11:07 PM by Howard Bashman



"Colorado Court Rules 'No Smoking' Means Exactly That, Even on Stage": The New York Times contains this article today.

You can access yesterday's ruling of the Colorado Court of Appeals at this link.
Posted at 10:58 PM by Howard Bashman



"Trigger happy on gun rights: The high court must balance its leaning toward a gun ownership right with society's interest in safety." This editorial appears today in The Christian Science Monitor.

And Saturday's edition of The Wall Street Journal will contain an editorial entitled "Guns and Legal Ammo."
Posted at 10:02 PM by Howard Bashman



"Barry Bonds' Case Delayed 3 Months": The Associated Press provides a report that begins, "The perjury case against Barry Bonds was put on hold for three months Friday, with prosecutors telling a federal judge they plan to obtain a new indictment against baseball's home run king."
Posted at 03:57 PM by Howard Bashman


First Circuit affirms dismissal of defamation claim against documentary filmmaker Michael Moore arising from former Army Reserve Sergeant's non-consensual appearance in the film "Fahrenheit 9/11": You can access today's ruling of the U.S. Court of Appeals for the First Circuit at this link.
Posted at 03:44 PM by Howard Bashman


"Federal Courts Urged to Protect Cooperating Defendants": The Administrative Office of the U.S. Courts has today posted online a news release that begins, "A committee of the policy-making Judicial Conference of the United States is asking district courts to consider adopting a local policy that protects information about cooperation in law enforcement investigations. But the committee is also urging those courts to recognize the need to preserve legitimate public access to court files."
Posted at 03:25 PM by Howard Bashman


"There Will Be Guns: What happens if the Supreme Court recognizes individual gun rights? Not much." Benjamin Wittes has this essay online today at The New Republic.
Posted at 02:28 PM by Howard Bashman


Ninth Circuit affirms dismissal of Idaho county's racketeering lawsuit against agricultural companies accused of hiring illegal immigrants: According to today's ruling, in the lawsuit the county sought to recoup the money it claims to have expended on public health care and law enforcement services for undocumented immigrants.

In earlier news coverage, The Idaho Statesman in August 2007 reported on the Ninth Circuit's oral argument in an article headlined "Court hears appeal in Canyon RICO lawsuit." And The Associated Press reported on the initiation of the suit in July 2005 in an article headlined "County Files RICO Suit Over Hiring of Illegal Immigrants."
Posted at 02:17 PM by Howard Bashman



"Justice Thomas's Inconsistent Originalism": This book note appears in the March 2008 issue of the Harvard Law Review.
Posted at 01:22 PM by Howard Bashman


"Nacchio prosecutors want more time to decide next step": Denver Business Journal provides a report that begins, "Prosecutors seeking to reverse the successful appeal of ex-Qwest Communications International Inc. CEO Joseph Nacchio have asked the appeals court to give them until April 30 to ask for a rehearing."
Posted at 12:00 PM by Howard Bashman


"Appeals court tosses suit over Florida's Democratic primary": The Atlanta Journal-Constitution provides this news update.

And The Associated Press reports that "Court Dismisses Florida Primary Lawsuit."

My earlier coverage of today's Eleventh Circuit ruling appears at this link.
Posted at 11:34 AM by Howard Bashman



Second Circuit confirms existence of "ministerial exception" to federal anti-discrimination laws, holding that it would be unconstitutional to apply Title VII in African-American Catholic priest's lawsuit alleging racially discriminatory firing: You can access today's ruling by a unanimous three-judge panel of the U.S. Court of Appeals for the Second Circuit at this link.

Law blogger Norm Pattis represented the priest on appeal.
Posted at 10:54 AM by Howard Bashman



"Judge's service means trial's end; State can't prosecute assault accusation": The Concord (N.H.) Monitor today contains an article that begins, "The state has lost its chance to prosecute a lawyer from Londonderry charged with assaulting a juvenile with a leather belt because before the trial ended, the judge left the bench for a tour of duty in Iraq. In a unanimous opinion issued yesterday, the state Supreme Court ruled that, narrow exceptions aside, Ernest Solomon had a constitutional right to have one judge hear his criminal case from start to finish."

And The Associated Press reports that "Judge Departs for Iraq, Charges Dropped."

You can access yesterday's ruling of the Supreme Court of New Hampshire at this link.
Posted at 10:47 AM by Howard Bashman



"Former Khalil principal can't force city to restore her job: appeals court." The New York Daily News today contains an article that begins, "The controversial former principal of a Brooklyn Arabic-language school cannot force the city to restore her to her position, a federal appeals court has ruled. Debbie Almontaser was pushed out of the school she founded, the Khalil Gibran International Academy, after defining the word 'intifada' as 'uprising' in a newspaper interview. The 2nd U.S. Circuit Court of Appeals yesterday upheld a lower court ruling that her comments were not protected by the First Amendment because she was speaking in her capacity as a school employee at the time. The court rejected her motion to stop the appointment of a new principal at the Boerum Hill school."

The New York Post reports today that "Arab principal loses appeal."

And The Associated Press reports that "Court Rejects Arabic School Principal's Claim."

My earlier coverage of yesterday's Second Circuit ruling appears at this link.
Posted at 10:42 AM by Howard Bashman



"Savoring his contribution: Law student assists in overturning sentence." Today's edition of The Concord (N.H.) Monitor contains an article that begins, "A 26-year-old Franklin Pierce Law Center student helped rescue a Louisiana man from death row this week. He aided lawyers in the case to convince the U.S. Supreme Court that the trial of Allen Snyder, a black man accused of killing his wife's lover, was tainted because a state prosecutor kept blacks off the jury."
Posted at 10:35 AM by Howard Bashman


"U.S. Defends Tough Tactics on Spitzer": This article appears today in The New York Times.
Posted at 10:33 AM by Howard Bashman


Examining the limits on First Amendment protection of public challenge to police conduct: A divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit issued this interesting decision today.
Posted at 10:27 AM by Howard Bashman


Eleventh Circuit rejects Tampa political consultant's contention that his constitutional rights were violated when the Democratic National Committee stripped Florida of its delegates: You can access today's ruling in DiMaio v. Democratic National Committee at this link.

The appeal was argued on Monday, and The Atlanta Journal Constitution reported on the oral argument in its Tuesday edition in an article headlined "Florida voter lawsuit gets hearing in Atlanta; State leaders abandon plans to redo primary."

Today's decision affirms a federal district court's ruling that this lawsuit is nonjusticiable because the plaintiff lacks standing.
Posted at 09:55 AM by Howard Bashman



Thursday, March 20, 2008

"FBI posts fake hyperlinks to snare child porn suspects": Declan McCullagh has this post today at his blog "The Iconoclast" at c|net News.com.

And at "The Volokh Conspiracy," Orin Kerr offers these thoughts.
Posted at 11:10 PM by Howard Bashman



"Justice plans hearing on Massey appeal": The Associated Press provides a report from West Virginia that begins, "State Supreme Court Justice Larry Starcher plans to hold an unprecedented open hearing on a request that he remove himself from another Massey Energy Co. case."
Posted at 11:05 PM by Howard Bashman


"The Second Amendment and Personal Preference": This week's installment of my "On Appeal" column for law.com begins, "What role, if any, should a judge's personal preference concerning the outcome of a case play in deciding a dispute? That controversial question resurfaced this week as the Supreme Court heard oral arguments in a closely watched case that presents the question of whether the Second Amendment to the U.S. Constitution confers an individual right to own guns."
Posted at 11:00 PM by Howard Bashman


"Blunt weighs in on case that could impact 'Devlinís Law'": The St. Louis Post-Dispatch provides a news update that begins, "Gov. Matt Blunt has entered the debate in a U.S. Supreme Court case that could decide whether the next Michael Devlin gets the death penalty. Bluntís office announced today it has filed an amicus brief in Kennedy v. Louisiana, the case of a man sentenced to death for raping his eight-year-old stepdaughter at their home near New Orleans. The case would have broad implications around the U.S., and particularly in Missouri."
Posted at 10:57 PM by Howard Bashman


"Dozens of children in U.S. face life in prison": Reuters provides this report.
Posted at 10:55 PM by Howard Bashman


"Marijuana possession argued before Alaska's high court": The Associated Press provides a report that begins, "The latest effort to recriminalize marijuana is now in the hands of the Alaska Supreme Court. The high court heard oral arguments Thursday on a legal challenge to a two-year-old state law that would make personal at-home use of small amounts of marijuana illegal."
Posted at 10:50 PM by Howard Bashman


"Sandra Day O'Connor Hears Fredericksburg Prayer Case": The Washington Post provides a news update that begins, "Retired Supreme Court justice Sandra Day O'Connor joined a federal appeals court panel that heard the case of a Fredericksburg City Council member who sued the city after he was barred from invoking the name of Jesus in a council prayer."

The Richmond Times-Dispatch reports today that "Prayer led by Fredericksburg council reviewed; Appeals court debates dispute over member's pre-meeting invocation."

And The Free Lance-Star of Fredericksburg, Virginia reports today that "Justice O'Connor hears appeal; O'Connor sits on three-judge panel hearing prayer case."
Posted at 10:47 PM by Howard Bashman



"Judging Guns: The Supreme Court should not deprive governments of their ability to protect public safety." This editorial appears today in The Washington Post.
Posted at 03:45 PM by Howard Bashman


"High court agrees to consider Khadr's unfair treatment claim": The Canadian Press provides a report that begins, "The federal government has failed to block the country's top court from considering whether U.S. authorities are violating international law in their treatment of accused Canadian terrorist Omar Khadr. In a ruling released Thursday, the Supreme Court of Canada gave the go-ahead for Khadr's lawyers to raise the legality of his detention and forthcoming trial at the U.S. military base in Guantanamo, Cuba."

CBC News reports that "Canada's top court agrees to hear Khadr's unfair treatment claim; Ottawa tried to block defence from presenting fresh evidence."

The Toronto Globe and Mail reports today that "Khadr came within seconds of death in firefight; 'Someone had a conscience,' lawyer remarks after U.S. soldier's diary describes having Canadian teen in the crosshairs."

The Toronto Star reports today that "Officer's diary says Khadr not only survivor; Guantanamo court documents state second fighter was alive when U.S. forces arrested Toronto teen."

The Canadian Press reports that "U.S. officer says he nearly ordered execution of Khadr in Afghanistan."

Canwest News Service reports that "Court documents show Khadr faced execution on Afghan battlefield."

Earlier this week, Carol Rosenberg of The Miami Herald had an article headlined "Gitmo captive: I was threatened with rape."

And Reuters reports that "Canadian says U.S. interrogators threatened rape."
Posted at 02:57 PM by Howard Bashman



Double jeopardy prevents a criminal defendant from being convicted for the federal offenses of receipt of child pornography and possession of child pornography when the conduct underlying both offenses is the same, divided three-judge Ninth Circuit panel holds: You can access today's ruling at this link.
Posted at 02:22 PM by Howard Bashman


"Scooter Libby Loses Law License": The Associated Press provides this report.

You can access today's order of the District of Columbia Court of Appeals (and not the U.S. Court of Appeals for the D.C. Circuit, as The AP's report initially and erroneously stated) at this link.
Posted at 12:30 PM by Howard Bashman



"Lawyers for the National Education Association are urging a federal appeals court not to reconsider a ruling by a three-judge panel of the court that revived the union's legal challenge to the No Child Left Behind Act." So begins a post today by Mark Walsh at "The School Law Blog" of Education Week.

The federal government's petition for rehearing en banc, filed in February, can be accessed here. And the NEA's response, filed yesterday, can be accessed here.

My earlier coverage of the Sixth Circuit's ruling from January can be accessed here.
Posted at 12:24 PM by Howard Bashman



Embattled former principal of Arabic-themed NYC public school loses Second Circuit appeal seeking a preliminary injunction: You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link.

In earlier coverage, The Associated Press reported in December 2007 that "In First Round, Judge Rules Against Arabic School's Ex-Principal."

The New York Times reported in October 2007 that "Arabic School Ex-Principal Fights to Get Job Back." According to that article, "In her first detailed public account of what led her to step down after defending the word 'intifada' on a T-shirt, the principal, Debbie Almontaser, presented herself as the victim of an anti-Arab 'smear campaign' from conservative newspapers and blogs and of pressure from city officials."

And in August 2007, The New York Times published an "On Education" essay by Samuel G. Freedman entitled "Critics Ignored Record of a Muslim Principal."
Posted at 12:10 PM by Howard Bashman



Ninth Circuit overturns criminal convictions for securities fraud, wire fraud, money laundering conspiracy, and failure to file an income tax return due to U.S. District Judge Manuel L. Real's "excessive and biased interventions" at trial: According to yesterday's non-precedential ruling, "The catalog of inappropriate behavior by the trial court is long, so we merely summarize it here." The decision remands the case for a new trial before a different federal district judge.
Posted at 11:24 AM by Howard Bashman


"Grisham's Judicial Appeal: Why the novelist is the ambulance chaser's best friend." Collin Levy has this op-ed today in The Wall Street Journal.
Posted at 08:33 AM by Howard Bashman


"Supreme Court overturns death sentence; The justices rule that racial bias played an improper role in the 1996 Louisiana murder case; Prosecutors may retry the case": David G. Savage has this article today in The Los Angeles Times.

Today in USA Today, Joan Biskupic reports that "Court tosses verdict, death sentence in race-tinged case; Blacks were cut from jury in La. murder trial."

In The Christian Science Monitor, Warren Richey reports that "Supreme Court bars use of race in picking juries; Its 7-to-2 ruling Wednesday reverses a Louisiana death-penalty conviction."

In The Chicago Tribune, James Oliphant reports that "Supreme Court overturns death penalty in Louisiana case."

And The Times-Picayune of New Orleans reports that "Supreme Court casts out murder conviction; Race used in picking jury in St. Rose man's death."
Posted at 08:22 AM by Howard Bashman



Wednesday, March 19, 2008

"Court Details Opposition to Bias in Jury Selection": Linda Greenhouse will have this article Thursday in The New York Times.

Thursday in The Washington Post, Robert Barnes will have an article headlined "Blacks Were Improperly Kept Off La. Jury, High Court Rules."

And David G. Savage of The Los Angeles Times has a news update headlined "Supreme Court overturns death-row inmate's conviction; The high court says racial bias played an improper role in the 1996 Louisiana murder case; Prosecutors have the option to retry the case."
Posted at 10:24 PM by Howard Bashman



"Plan B rule threatens religious freedom, pharmacists say": Today's edition of The State Journal-Register of Springfield, Illinois contains an article that begins, "Gov. Rod Blagojevich's rule requiring pharmacies to fill prescriptions for the 'morning-after' pill poses a direct threat to the religious freedom of business owners and pharmacists, and should be overturned, Illinois Supreme Court justices were told Tuesday."

And The Belleville News-Democrat reports today that "'Morning-after' pill focus of court case; Pharmacists test Blagojevich rule."

Via the web site of the Supreme Court of Illinois, you can access both the video (Windows Media Player required) and the audio (mp3 format) of yesterday's oral argument.
Posted at 10:15 PM by Howard Bashman



"Judge: State's anti-abortion suit premature." Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "A federal judge dismissed on Tuesday California's challenge to a federal anti-abortion law that threatens the state with huge financial penalties, saying the lawsuit - filed in January 2005 - was premature because the alleged state-federal conflict might never arise."

You can access Tuesday's ruling of the U.S. District Court for the Northern District of California at this link.
Posted at 10:02 PM by Howard Bashman



"Military judge rules for driver's defense": Carol Rosenberg of The Miami Herald provides a news update that begins, "For a third time, a military judge has authorized lawyers for Osama bin Laden's driver to send questions to alleged al Qaeda kingpins in segregation at Guantanamo. The ruling by Navy Capt. Keith Allred rejected national security arguments raised by Pentagon prosecutors. The military judge also sounded dismissive of a government argument that the driver could have conspired in the Sept. 11, 2001, attacks without knowing about the suicide plot."

The newspaper has posted the ruling online at this link.
Posted at 09:15 PM by Howard Bashman



"High Court Says Blacks Kept off Jury in Murder Case": This audio segment (RealPlayer required) featuring Nina Totenberg appeared on this evening's broadcast of NPR's "All Things Considered."
Posted at 09:10 PM by Howard Bashman


Access the transcript of today's U.S. Supreme Court oral argument in Chamber of Commerce of United States v. Brown, No. 06-939: The Court has posted it at this link.
Posted at 05:44 PM by Howard Bashman


"Right to Bear Arms": This audio segment (RealPlayer required) featuring Lyle Denniston and Jonathan Turley appeared on yesterday's broadcast of the public radio program "Here and Now."
Posted at 05:04 PM by Howard Bashman


"Justice Scalia and Oscar the Grouch": Tony Mauro has this post today at "The BLT: The Blog of Legal Times."
Posted at 04:33 PM by Howard Bashman


"Majority: Give Wash. 'top 2' primaries a chance to work." Tony Mauro has this news analysis at the First Amendment Center.
Posted at 03:17 PM by Howard Bashman


"Court overturns death row inmate's conviction": James Vicini of Reuters provides this report.
Posted at 02:20 PM by Howard Bashman


"Court Questions California on Unions": The Associated Press provides a report that begins, "Supreme Court justices questioned Wednesday whether a state should be able to prohibit employers from using state money to influence employees' views on unions in their workplace."
Posted at 02:18 PM by Howard Bashman


Access the transcript of today's U.S. Supreme Court oral argument in Richlin Security Service Co. v. Chertoff, No. 06-1717: The Court has posted it at this link.
Posted at 02:15 PM by Howard Bashman


"Individuals' Rights Key in Landmark D.C. Gun Case": This audio segment (RealPlayer required) featuring Nina Totenberg appeared on today's broadcast of NPR's "Morning Edition."
Posted at 12:03 PM by Howard Bashman


"Court Rejects La. Murder Conviction": Mark Sherman of The Associated Press provides a report that begins, "The Supreme Court threw out the death sentence and conviction in a Louisiana murder case Wednesday, citing racial prejudice in the actions of a prosecutor who called the murder trial his 'O.J. Simpson case' and kept blacks off the jury."

And at "SCOTUSblog," Lyle Denniston has a post titled "Court finds flaws in La. jury choice."

The U.S. Supreme Court's lone opinion in an argued case issued today in Snyder v. Louisiana, No. 06-10119. Justice Samuel A. Alito, Jr. issued the majority opinion, in which the Chief Justice and Justices John Paul Stevens, Anthony M. Kennedy, David H. Souter, Ruth Bader Ginsburg, and Stephen G. Breyer joined. Justice Clarence Thomas issued a dissenting opinion, in which Justice Antonin Scalia joined. You can access the decision at this link and the oral argument transcript at this link.
Posted at 11:10 AM by Howard Bashman



"Court Weighs Right to Guns, and Its Limits": Linda Greenhouse has this front page article today in The New York Times.

Today in The Los Angeles Times, David G. Savage reports that "Supreme Court appears to favor individual gun rights; A majority signals that it thinks the 2nd Amendment is not limited to arms for 'a well-regulated militia.'"

Charlie Savage of The Boston Globe reports that "High Court hears 2d Amendment case; Justices asked to reverse D.C. handgun ban."

Warren Richey of The Christian Science Monitor reports that "U.S. Supreme Court judges question DC gun ban; At a court session Tuesday, majority judges seemed to support an individual's right to bear arms."

In The Chicago Tribune, James Oliphant reports that "High court signals gun sentiments; Some weigh in on 2nd Amendment."

law.com's Tony Mauro reports that "Supreme Court Hears Arguments in D.C. Gun Ban Case; Afterwards, gun-control advocates seemed less pessimistic than before the arguments, though they did not predict victory."

Emma Schwartz of U.S. News & World Reports has an article headlined "Justices Lean Toward Individual Right to Bear Arms; Supreme Court hears arguments in the landmark case on the District of Columbia's gun ban."

The Washington Times contains articles headlined "Court weighs right to own guns" and "Gun fanciers, foes get day in court."

Joseph Goldstein of The New York Sun reports that "9 Seem Set To Rule for Gun Rights; Case Could Make Legal History." The newspaper also contains an editorial entitled "Heller at the High Bench."

The New York Daily News reports that "Supreme Court could lift 32-year handgun ban in the nation's capital."

The Albany (N.Y.) Times Union reports that "D.C. gun rights case is of supreme interest."

The Salt Lake Tribune reports that "Utahns watching Supreme Court gun case, but doubt it will affect them."

The Lancaster (Pa.) Intelligencer Journal has an article headlined "MU grad witnesses high court gun talk" reporting on the first two members of the general public in line to gain admission to the oral argument.

The Harrisburg Patriot-News contains an article headlined "Would gun ban work in city?"

The Fort Wayne Journal Gazette reports that "Leading gun-control activist, ex-mayor 'amazed' by debate."

The Statesville (N.C.) Record & Landmark reports that "Residents discuss right to bear arms as case heads to Supreme Court."

The Toronto Globe and Mail reports that "Gun-control case starts to split U.S. court."

The Telegraph (UK) reports that "US gun law in Supreme Court's sights."

USA Today contains an editorial entitled "Preserve limits on guns: Case gives court chance to balance individual rights, public safety" along with an op-ed by Herbert W. Titus and William J. Olson entitled "An unambiguous right: 2nd Amendment bars regulation of people's ability to bear arms."

And The Baltimore Sun contains an editorial entitled "The D.C. handgun ban."
Posted at 08:55 AM by Howard Bashman



"Former FBI Agent Investigates 'Naughty' Judge; Randy Judge Is Under Investigation for Alleged Judicial Misconduct": ABCNews.com provides a report that begins, "A former FBI agent has been hired to investigate Colorado's top federal judge who was recently linked to an investigation into a Denver-based prostitution ring. Former FBI agent David Brundage is working for the 10th Circuit Court of Appeals in its investigation of Judge Edward Nottingham for alleged judicial misconduct in two cases, ABC News has learned."
Posted at 08:47 AM by Howard Bashman


"Retrial: No sure way to tell who has edge." Today's edition of The Rocky Mountain News contains an article that begins, "Who has the upper hand if the government retries former Qwest CEO Joe Nacchio? It depends on whom you ask."

And The Denver Post today contains an editorial entitled "For judge, a vote of no confidence."
Posted at 08:45 AM by Howard Bashman



"State's 'Top Two' primary upheld by U.S. justices": The Seattle Post-Intelligencer contains this article today.

The Seattle Times reports today that "State ballot could pit two from same party."

The Olympian of Olympia, Washington reports that "Top-two system will change face of local politics."

And McClatchy Newspapers report that "Supreme Court upholds Washington state's 'top-two' primary."
Posted at 08:42 AM by Howard Bashman



"Government Files Brief in Opposition to Cert. Petition in Murphy": This post appears today at "TaxProf Blog." This is the case in which a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit originally held that it would be unconstitutional to include in gross income for tax purposes compensatory damages received for emotional distress. On panel rehearing, however, the same panel reached the opposite (and surely correct) conclusion. You can view the federal government's brief in opposition at this link.

My extensive earlier coverage of this case can be accessed via this link.
Posted at 08:00 AM by Howard Bashman



"Is the Wikileaks Case Really Like the Pentagon Papers Case? Part Two of a Two-Part Series on a Lawsuit Against a Controversial Site that Hosts Confidential Government and Corporate Documents." Julie Hilden has this essay today at FindLaw. Her earlier part one essay is available at this link.
Posted at 07:50 AM by Howard Bashman


Tuesday, March 18, 2008

"Justices Appear Skeptical Of D.C.'s Handgun Ban": Robert Barnes will have this front page article Wednesday in The Washington Post. Tomorrow's newspaper will also contain an article headlined "Braving Cold, Chants, Students Flock to Hear Gun Case." And tomorrow's installment of Dana Milbank's "Washington Sketch" column will carry the headline "Bearest Thy Musket."

In Wednesday's edition of USA Today, Joan Biskupic will have an article headlined "Court appears likely to favor individual's right to own guns."

And in Wednesday's issue of Financial Times, Patti Waldmeir reports that "Supreme Court mulls 'right to bear arms.'"
Posted at 10:54 PM by Howard Bashman



On the day that the U.S. Supreme Court heard oral argument of a precedent-setting Second Amendment case, the Supreme Court of Canada heard oral argument about whether damages may be recovered for discovering a fly inside an unopened bottle of water: The Windsor Star provides a news update headlined "Fly in water case heard by top court."
Posted at 10:44 PM by Howard Bashman


"High court clears new DWI tester": The Newark (N.J.) Star-Ledger today contains an article that begins, "The state Supreme Court ruled yesterday that a device used by many police departments to determine whether drivers are drunk is reliable, clearing the way for the courts to process more than 10,000 convictions that have been on hold since the case began two years ago. The high court ruled that results of the Alcotest 7110 -- which has replaced the Breathalyzer in 17 of the state's 21 counties -- are admissible in court as long as police and prosecutors follow safeguards outlined in the court's 132-page opinion."

The New York Times reports today that "New Jersey Court Approves Use of New Drunken Driving Test."

And The Philadelphia Inquirer reports that "Court ruling lets N.J. DUI cases proceed."

You can access yesterday's lengthy unanimous ruling of the Supreme Court of New Jersey at this link.
Posted at 10:40 PM by Howard Bashman



"Attorney Eric Magnuson is named new chief justice; The prominent appellate lawyer has led the judicial selection commission for Gov. Pawlenty; He will be the first person who is not a justice to take the top job in decades": This article appears today in The Minneapolis Star Tribune.

And today's edition of The St. Paul Pioneer Press contains an article headlined "Top appellate lawyer is new chief justice; From outsider to head of the state Supreme Court" and an editorial entitled "A new chief."
Posted at 10:28 PM by Howard Bashman



"Sperm donor appeals to high court": The Topeka Capital-Journal provides a news update that begins, "Attorneys for a Topeka sperm donor have appealed his paternity case to the U.S. Supreme Court. The case filed Monday seeks to overturn a ruling against sperm donor Daryl Hendrix by the Kansas Supreme Court. The Kansas court ruled 4-2 last fall that a sperm donor who wants to have parental rights with any subsequent children must have a written agreement with the mother."
Posted at 10:22 PM by Howard Bashman


"Judge upholds Proposal 2, dismisses federal suit": The Detroit Free Press provides a news update that begins, "A federal judge today dismissed a lawsuit challenging the constitutionally of Proposal 2, the Michigan Civil Rights Initiative that banned race and gender affirmative action in university admissions and government and public school hiring and contracting."

And The Associated Press reports that "Mich. Affirmative Action Lawsuit Tossed."

You can access today's rulings of the U.S. District Court for the Eastern District of Michigan both here and here.
Posted at 09:54 PM by Howard Bashman



"U.S. Supreme Court to review '94 murder case": The Seattle Times contains this article today.

And The Seattle Post-Intelligencer reports today that "Top court to review Ballard slaying; Justices to look at reinstating conviction."
Posted at 09:44 PM by Howard Bashman



"Supreme Court rules in favor of Washington state top-two primary": The Seattle Times provides this news update.
Posted at 09:38 PM by Howard Bashman


"Whose right to bear arms?" This video segment featuring Pete Williams appeared on this evening's broadcast of NBC Nightly News.

Today's broadcast of the CBS Evening News contained a video segment entitled "Right To Bear Arms Revisited" featuring Wyatt Andrews.

And this evening's broadcast of the PBS program "The NewsHour with Jim Lehrer" contained a segment entitled "Second Amendment in Spotlight as Court Hears Gun Case" (transcript with link to audio) featuring Marcia Coyle.
Posted at 09:32 PM by Howard Bashman



"Ill. High Court Considers Pharmacy Rules": The Associated Press provides a report that begins, "A group of pharmacists asked the Illinois Supreme Court on Tuesday to throw out a rule that forces them to dispense emergency contraception despite moral objections, claiming it amounts to illegal coercion."
Posted at 09:18 PM by Howard Bashman


"High Court Considers Right to Bear Arms": Linda Greenhouse of The New York Times provides this news update.
Posted at 09:12 PM by Howard Bashman


"High Court Hears Second Amendment Case": This audio segment (RealPlayer required) featuring Nina Totenberg appeared on this evening's broadcast of NPR's "All Things Considered."
Posted at 09:10 PM by Howard Bashman


"Bearing Arms Ö Against Bears: Justice Kennedy thinks D.C. residents need protection--from grizzlies." Dahlia Lithwick has this Supreme Court dispatch online at Slate.
Posted at 09:04 PM by Howard Bashman


"New call for merit selection of judges": This article appeared Friday in The Philadelphia Inquirer.
Posted at 06:07 PM by Howard Bashman


"Supreme Court Takes Up Second Amendment": This audio segment (RealPlayer required) -- featuring David G. Savage and post-argument telephone interviews with both Alan Gura and Walter Dellinger -- appeared on today's broadcast of NPR's "Talk of the Nation."
Posted at 05:35 PM by Howard Bashman


"Panel awards Nacchio retrial; The ruling says expert defense testimony should have been allowed": This article appears today in The Denver Post, along with articles headlined "Nacchio case granted new life; A new trial could set the ex-Qwest chief executive free, but it also could aid the prosecution"; "Dissent defends ban on testimony": and "Overturned verdict pains some; Jurors and retirees are pained by the court's decision to overturn the guilty verdict." In addition, columnist Al Lewis has an op-ed entitled "Don't expect plea deal."

Today's edition of The Rocky Mountain News contains articles headlined "Long wait for Nacchio? U.S. attorney calls ruling for new trial a 'setback, not a defeat,' ponders next move"; "It was one legal error, but just enough; Judge Nottingham's exclusion of defense witness proved crucial"; and "Critics greet appellate court's decision with dismay and resignation." In addition, columnist David Milstead has an essay entitled "His team rejoices, but he should consider a plea deal," while Scott Robinson has an essay entitled "Ruling, while no surprise, included shocker."

The New York Times contains an article headlined "New Trial Is Ordered for Qwest Ex-Chief."

The Washington Post reports that "Nacchio's Convictions Are Overturned."

And USA Today reports that "Conviction of Qwest ex-CEO overturned; Appeals court orders a new trial and new judge."

My earlier coverage of yesterday's Tenth Circuit ruling appears at this link.
Posted at 04:10 PM by Howard Bashman



"Letterman's PA Gov Ed Rendell Ad: He's Into Some Freaky S$%#, Too." The "PoliJAM" blog provides access to this very funny clip from last night's broadcast of the CBS program "Late Show with David Letterman." Governor Rendell's wife is a federal appellate judge, which arguably gives rise to an appellate angle for this post.
Posted at 04:00 PM by Howard Bashman


"Supreme Court Hears Handgun Case": This audio segment (RealPlayer required) appeared on today's broadcast of NPR's "Day to Day."

And at "The Swamp" blog of The Chicago Tribune, James Oliphant has a post titled "Supreme Court hears historic gun-ban case."
Posted at 03:44 PM by Howard Bashman



At a minimum, don't omit "at a minimum": On behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Tenth Circuit, retired Justice Sandra Day O'Connor today issued an opinion involving the "prevailing party" requirement to obtain attorneys' fees under the Equal Access to Justice Act.

At page 9 of today's opinion, Justice O'Connor describes the facts of the U.S. Supreme Court's ruling in Sole v. Wyner (2007) as follows:

The plaintiff there had filed a lawsuit claiming the state's "Bathing Suit" rule, which required all patrons of state parks to wear a thong and (if female) a bikini top, violated the First Amendment.
Fortunately, the rule at issue in Sole did not require "all patrons of state parks to wear a thong." Rather, as Justice Ruth Bader Ginsburg's opinion for a unanimous Court in Sole makes clear, "That rule required patrons, in all areas of Florida's state parks, to wear, at a minimum, a thong and, if female, a bikini top."

Thus, you don't have to be wearing thong underwear to use the state parks of Florida, but you must wear at least a thong (and a bikini top, if female) in order to use those parks. In Justice O'Connor's defense, the Sole case was argued and decided after she had retired from the Supreme Court.

Update: On March 28, 2008, the Tenth Circuit posted online a corrected opinion fixing this mistake and adding "at a minimum" to its description, found on page nine of its opinion, of the facts in Sole. The Tenth Circuit's original, uncorrected opinion can still be viewed at this link.
Posted at 03:34 PM by Howard Bashman



"Supreme Court Majority Appears To Back Gun Rights": Robert Barnes of The Washington Post provides this news update.

Michael Doyle of McClatchy Newspapers reports that "Supreme Court justices critical of D.C. gun ban."

James Vicini of Reuters reports that "Conservative justices question D.C. handgun ban."

And Greg Stohr of Bloomberg News reports that "Gun Rights Draw Support in U.S. Supreme Court Hearing."
Posted at 03:07 PM by Howard Bashman



Access online the transcript of today's U.S. Supreme Court oral argument in District of Columbia v. Heller, No. 07-290: The Court has posted it at this link.

And C-SPAN has made its rebroadcast of the audio from today's oral argument available for on-demand viewing by clicking here (RealPlayer required).
Posted at 02:25 PM by Howard Bashman



"U.S. Supreme Court seems poised to strike down D.C. handgun ban; Several justices indicate they believe the 2nd Amendment of the Constitution protects individual rights": David G. Savage of The Los Angeles Times provides this news update.

Bill Mears of CNN.com reports that "Supreme Court hears arguments on gun ownership."

At her "Legalities" blog, ABC News correspondent Jan Crawford Greenburg has this post about today's oral argument.

And at "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "Second Amendment: An Individual Right, But a Right To Do What?"
Posted at 02:15 PM by Howard Bashman



"The Roberts Court and Facial vs. As-Applied Challenges": Ed Whelan has this post today at National Review Online's "Bench Memos" blog.
Posted at 12:45 PM by Howard Bashman


C-SPAN has just begun its rebroadcast of the audio from today's U.S. Supreme Court oral argument on whether the Second Amendment invalidates D.C.'s gun ban: You can view the live C-SPAN feed online using either RealPlayer or Windows Media Player (click on link to launch).
Posted at 12:23 PM by Howard Bashman


"Supreme Court Reviews D.C. Handgun Ban": Mark Sherman of The Associated Press provides a report that begins, "The Supreme Court has heard arguments about the meaning of the Second Amendment and the District of Columbia's ban on handguns. A majority appears to support the view that the amendment protects an individual's right to own guns, rather than somehow linking right to service in a state militia. But it is less clear what that means for the District's 32-year-old ban on handguns, perhaps the strictest gun control law in the nation."

An at "SCOTUSblog," Lyle Denniston has an early post titled "Defining a right of self-defense."
Posted at 12:15 PM by Howard Bashman



"Ex-CCA official: Puryear misled clients; Versions for public allegedly whitewashed prison incidents": Friday's edition of The Tennessean contained an article that begins, "A former Corrections Corporation of America manager is accusing the company's general counsel and federal judicial nominee Gus Puryear IV of overseeing a practice that produced misleading reports about safety incidents at its prisons." The newspaper has posted online at this link the former official's statement.
Posted at 11:45 AM by Howard Bashman


At 11:30 a.m. eastern time, C-SPAN will begin its rebroadcast of the audio from today's U.S. Supreme Court oral argument on whether the Second Amendment invalidates D.C.'s gun ban: You can view the live C-SPAN feed using either RealPlayer or Windows Media Player (click on link to launch).

You can access the D.C. Circuit's 2-1 ruling issued in this case on March 9, 2007 by clicking here. My initial coverage of that ruling appeared in a post you can access here, and I had much additional coverage later that day and in a post the next morning.

My coverage of the D.C. Circuit's order of May 8, 2007 denying rehearing en banc by a 6-4 margin can be accessed here. And my coverage of the D.C. Circuit's oral argument, which occurred on December 7, 2006, can be accessed here.
Posted at 11:04 AM by Howard Bashman



The perils of "live-blogging": At "SCOTUSblog," the promised "live-blogging" of today's Second Amendment oral argument began instead as someone else's live-blogging of what is described as "Obama's Stupid Speech" in a post that appeared at 10:38 a.m. eastern time. Moments ago, "SCOTUSblog" removed the post -- meaning you cannot access it now if you haven't already accessed it -- but if you still have it open on your computer from before, as I do, the live-blogging of that speech continues on the web page that is the "SCOTUSblog" site. [Update: The live-blogging that originally appeared accidentally at "SCOTUSblog" can be found at this link, where it intentionally appears.]

Update: You can now access the actual "SCOTUSblog" live-blogging of the oral argument by clicking here. The live-blogging will begin in earnest once C-SPAN begins its rebroadcast of the oral argument audio.
Posted at 10:54 AM by Howard Bashman



"Supreme Court Gun Case Draws Protesters": Mark Sherman of The Associated Press provides a report that begins, "Advocates of gun rights advocates and opponents of gun violence are demonstrating outside the Supreme Court as justice begin hearing arguments over the meaning of the Second Amendment's 'right to keep and bear arms.'"
Posted at 10:45 AM by Howard Bashman


"Court Rules in Favor of Wash. Primary": Mark Sherman of The Associated Press provides a report that begins, "The Supreme Court has upheld the state of Washington's open primary election system. By a 7-2 vote, the court says the state may use a primary system that allows the top two vote-getters to advance to the general election, even if they are from the same party. Washington never held a primary under the new system because of legal challenges."

Today's only U.S. Supreme Court opinion in an argued case issued in Washington State Grange v. Washington State Republican Party, No. 06-713. You can access the opinion at this link and the oral argument transcript at this link.

Justice Clarence Thomas delivered the opinion of the Court, in which the Chief Justice and Justices John Paul Stevens, David H. Souter, Ruth Bader Ginsburg, Stephen G. Breyer, and Samuel A. Alito, Jr. joined. The Chief Justice issued a concurring opinion, in which Justice Alito joined. And Justice Antonin Scalia issued a dissenting opinion, in which Justice Anthony M. Kennedy joined.
Posted at 10:37 AM by Howard Bashman



"City ponders 'Plan B' if justices void gun ban": This article appears today in The Washington Times. The newspaper also contains an editorial entitled "D.C. gun ban on trial," and Carl T. Bogus has an op-ed entitled "An inalienable right."

The Baltimore Sun reports today that "Court to hear challenge to D.C. gun ban; Second Amendment ruling could have broad impact on gun regulations."

The Newark (N.J.) Star-Ledger reports that "Supreme Court to hear key gun case today; Ruling could affect local laws restricting possession of weapons."

The Milwaukee Journal Sentinel reports that "High court to rule on gun ban; D.C. case will examine individual vs. collective right to bear arms."

James Vicini of Reuters reports that "High court considers landmark gun-rights case."

BBC News reports that "US court to hear key gun law case."

And Agence France-Presse reports that "US Supreme Court in historic hearing on gun laws."
Posted at 10:20 AM by Howard Bashman



"Supreme Court Gun Ban Battle": This video segment, from this morning's broadcast of the ABC News program "Good Morning America," features Jan Crawford Greenburg shooting a handgun at a firing range. For a close-up of the gun she's firing, click here and look to the right side of the screen.
Posted at 10:06 AM by Howard Bashman


"High Court Starts Case Challenging D.C. Gun Ban": This audio segment (RealPlayer required) featuring Nina Totenberg appeared on today's broadcast of NPR's "Morning Edition."
Posted at 09:55 AM by Howard Bashman


"Supreme Court to rule on broadcast indecency; The justices will weigh whether federal regulators may levy large fines on broadcasters who let expletives on the airwaves during daytime and early evening hours": David G. Savage has this article today in The Los Angeles Times.

Today in The Washington Post, Robert Barnes and Frank Ahrens have a front page article headlined "Supreme Court to Review FCC Ban on Profanity."

Joan Biskupic of USA Today reports that "Supreme Court to hear case stemming from celebrities who swore on live TV."

And in The New York Sun, Joseph Goldstein reports that "Nine Will Consider Whether TV Curse Words Merit Fines."
Posted at 08:52 AM by Howard Bashman



"Terror Appeals Judge Waits for Cases": The Associated Press provides a report that begins, "Frank J. Williams is well prepared for his role as chief judge of a special appeals court designed to decide legal issues stemming from the detention of terror suspects. He's studied legal decisions on the detention of suspected terrorists at Guantanamo Bay. He's researched and written about Abraham Lincoln's use of military courts to prosecute Confederate sympathizers during the Civil War. There's just one problem: Williams is still waiting for his first case."
Posted at 08:30 AM by Howard Bashman


"A False Claim of Valor and a Cry of Free Speech": Today's edition of The New York Times contains this installment of Adam Liptak's weekly "Sidebar" column.
Posted at 08:28 AM by Howard Bashman


"Court decision on gun-control is personal for 2 women": Bill Mears of CNN.com provides this report.

Today's edition of The Washington Post profiles the lead attorneys for the parties in articles headlined "An Old Hand At Court Gears Up for Battle" and "For Young Area Lawyer, The Supreme Compliment." In addition, an article reports that "Tickets Prized Just as Much As the NCAA Tournament's; Line Forms Early for 70 Seats at Supreme Court Hearing."

The New York Times today contains an editorial entitled "The Court Considers Gun Control."

The Los Angeles Times contains an editorial entitled "D.C. gun law goes to Supreme Court; The regulation of weapons could take a hit in a controversial case."

In The Boston Globe, Robert A. Levy has an op-ed entitled "Fighting for our right to bear arms."

In The Wall Street Journal, Randy E. Barnett has an op-ed entitled "Gun-Rights Showdown."

And in USA Today, Don Campbell has an op-ed entitled "A gunfight that won't be settled; In hearing the D.C. gun ban case, the Supreme Court very well may decide whether an individual right is enshrined in the Second Amendment; But other critical issues pertaining to weapons and ownership won't move an inch."
Posted at 08:25 AM by Howard Bashman



"Justice Kennedy comes back to HLS to mark 20 years on the Supreme Court": Harvard Law School issued this news release last Wednesday.
Posted at 08:21 AM by Howard Bashman


"Harvard Law, Hoping Students Will Consider Public Service, Offers Tuition Break": The New York Times today contains an article that begins, "Concerned by the low numbers of law students choosing careers in public service, Harvard Law School plans to waive tuition for third-year students who pledge to spend five years working either for nonprofit organizations or the government."

And Harvard Law School has issued a news release headlined "Harvard Law School launches new Public Service Initiative."
Posted at 08:20 AM by Howard Bashman



"Affirmative action foes point to Obama; Say candidate is proof effort no longer needed": This article appears today in The Boston Globe.

And in somewhat related news, Jonathan D. Salant of Bloomberg News reports that "Obama's Bid Doesn't Have Support of Most Black Corporate Elite."
Posted at 08:15 AM by Howard Bashman



Monday, March 17, 2008

"Justices Take Up On-Air Vulgarity Again": Linda Greenhouse will have this article Tuesday in The New York Times.
Posted at 11:20 PM by Howard Bashman


"High court to review D.C. handgun ban": Joan Biskupic has this article online at USA Today.

Tuesday's edition of The Times of London contains an article headlined "Landmark legal shootout over gun law."

Tuesday's edition of The Fort Worth Star-Telegram will report that "Texans have a stake in gun case; The Supreme Court will be asked to clarify right 'to keep and bear arms' in case, which begins today."

At ABCNews.com, Ariane de Vogue and Dennis Powell have an article headlined "High Court to Hear Major Second Amendment Case; Attorneys to Spar Over Washington, D.C. Gun Ban."

The Oklahoman reports that "High court's ruling could change rules on gun ownership."

CBS News legal analyst Andrew Cohen has a "CourtWatch" column entitled "High Noon For The 2nd Amendment? Expect A Showdown During U.S. Supreme Court's Landmark Gun Case."

And Tuesday in The Christian Science Monitor, Ellis Washington will have an op-ed entitled "Tyranny of a 'reasonable' gun ban; Rights, not legal fiction, should sway DC v. Heller."
Posted at 10:14 PM by Howard Bashman



"Supreme Court's inaction upholds city's sex-business ordinance": The Houston Chronicle provides a news update that begins, "The U.S. Supreme Court has declined to hear an appeal brought by some local strip clubs challenging the city's sexually oriented business ordinance. The court's decision could end what has been 10 years of hotly contested federal litigation between the city and scores of adult businesses over regulations in the ordinance."
Posted at 08:00 PM by Howard Bashman


"Positive Liberties at the Point of a Gun or Constitutional Obsolescence?" Doug Kmiec has this interesting post at Slate's "Convictions" blog.

And at "SCOTUSblog," Charles Fried has this post about the case.
Posted at 07:54 PM by Howard Bashman



In Tuesday's edition of The Christian Science Monitor: Warren Richey will have articles headlined "Historic case may decide U.S. gun rights; Hearings on the constitutionality of a D.C. gun ban begin Tuesday; The Supreme Court is looking at the Second Amendment for the first time since 1939" and "FCC's obscenity rule to get Supreme Court's ear; The tribunal agrees to take a case about the commission's crackdown on stations that air expletives."

In addition, tomorrow's newspaper will contain an article headlined "'State secrets' privilege fuels surveillance bill battle; Friday's House vote, ignoring veto threat, is latest bid by Democrats to rein in White House powers."
Posted at 07:35 PM by Howard Bashman



Edwin Kneedler today argued his 100th case before the U.S. Supreme Court: Tony Mauro notes the milestone in this post at "The BLT: The Blog of Legal Times."

That blog also offers this recent post from Joe Palazzolo reporting on the growing line for public admission to tomorrow's Second Amendment oral argument at the Court.
Posted at 05:00 PM by Howard Bashman



"Supreme Court to Review FCC Ban on Profanity": Robert Barnes of The Washington Post provides this news update.

Michael Doyle of McClatchy Newspapers provides a report headlined "Supreme Court takes on 'fleeting obscenities' on TV."

And at her "Legalities" blog, ABC News correspondent Jan Crawford Greenburg has a post titled "Dirty Words."
Posted at 04:25 PM by Howard Bashman



"Individual's Right to Bear Arms at Issue": Mark Sherman of The Associated Press provides this report.
Posted at 04:23 PM by Howard Bashman


"Is the Supreme Court Biased in Favor of Business?" Eric Posner has this post at Slate's "Convictions" blog commenting on Jeffrey Rosen's cover story from yesterday's issue of The New York Times Magazine.
Posted at 04:06 PM by Howard Bashman


Access online the transcript of today's U.S. Supreme Court oral argument in Rothgery v. Gillespie County, No. 07-440: At this link.
Posted at 03:40 PM by Howard Bashman


"Putting the Second Amendment Second: Reframing the constitutional debate over gun control." Law Professor Akhil Reed Amar has this jurisprudence essay online at Slate.
Posted at 03:34 PM by Howard Bashman


"The Court and the Second Amendment": This audio segment (you can listen online in both RealPlayer and Windows Media Player formats) appeared on today's broadcast of the public radio program "On Point."
Posted at 03:33 PM by Howard Bashman


"State can't restrict kids' access to video games, court says": The Minneapolis Star Tribune provides this news update.

And The Associated Press reports that "Judges Bar Law on Violent Video Games."

My earlier coverage of today's Eighth Circuit ruling appears at this link.
Posted at 03:28 PM by Howard Bashman



Give that undercover federal drug informant a shiny dollar coin: Had the federal government followed Chief Judge Frank H. Easterbrook's advice, the U.S. Court of Appeals for the Seventh Circuit would not have reversed several criminal convictions in this interesting decision issued today.
Posted at 03:10 PM by Howard Bashman


Slate launches law blog: The title of the blog is "Convictions." Chances are you will recognize the names of at least some, and perhaps many, of the blog's contributors.
Posted at 03:02 PM by Howard Bashman


"Condemned cop killer denied new trial; Ga. Supreme Court rules 4-3 against Troy Davis": The Atlanta Journal-Constitution provides a news update that begins, "The Georgia Supreme Court on Monday, by a 4-3 vote, rejected Troy Anthony Davis' bid for a new trial, keeping the condemned cop killer who claims he is innocent on death row. Davis was sentenced to death in Chatham County for the 1989 murder of Savannah Police Officer Mark Allen MacPhail in a Burger King parking lot. Since his trial 17 years ago, seven of the nine witnesses used by prosecutors to convict Davis have recanted their testimony."

The Associated Press reports that "Georgia Supreme Court denies new trial for Troy Davis."

And Reuters reports that "Court rejects appeal by death row man."

You can access today's ruling of the Supreme Court of Georgia at this link.
Posted at 02:57 PM by Howard Bashman



"Victims Battle Over Marcos' Money": Pete Yost of The Associated Press provides a report that begins, "The Supreme Court on Monday expressed sympathy for Filipino victims of the Ferdinand Marcos regime while raising the possibility it may have no choice but to rule against them in a dispute over who owns $35 million once held by the late dictator."

The U.S. Supreme Court has posted online at this link the transcript of today's oral argument in Republic of Philippines v. Pimentel, No. 06-1204.
Posted at 02:45 PM by Howard Bashman



"New Trial for Ex-Qwest Boss Nacchio": The Associated Press provides a report that begins, "A federal appeals court ordered a new trial Monday for former Qwest CEO Joe Nacchio, saying the trial judge wrongly excluded expert testimony and classified information important to Nacchio's defense in his insider trading case."

The Denver Post provides a news update headlined "Nacchio conviction reversed."

The Rocky Mountain News provides an update headlined "Court orders new Nacchio trial."

The Wall Street Journal provides a news update headlined "Appeals Court Orders New Trial for Nacchio."

And Reuters reports that "Court throws out Nacchio insider trading verdicts."

Circuit Judge Michael W. McConnell issued the majority opinion today on behalf of a divided three-judge panel of the U.S. Court of Appeals for the Tenth Circuit. Circuit Judge Jerome A. Holmes issued a dissenting opinion and voted to affirm the convictions.
Posted at 02:25 PM by Howard Bashman



"Microsoft Rejected by U.S. High Court on Novell Suit": Greg Stohr of Bloomberg News provides this report.
Posted at 02:22 PM by Howard Bashman


Ninth Circuit decides United States v. Approximately 64,695 Pounds of Shark Fins: In a somewhat surprising development for a forfeiture case, the appellant shark fins emerge on the winning side of this ruling issued today.
Posted at 02:18 PM by Howard Bashman


"Supreme Court to rule on radio, TV indecency; The justices will decide whether federal regulators may fine broadcasters that let expletives go out on the airwaves in the daytime and early evening": David G. Savage of The Los Angeles Times provides this news update.

Reuters reports that "Supreme Court to review FCC indecency rule case."

And Greg Stohr of Bloomberg News reports that "FCC Gets Top U.S. Court Hearing on Expletive Rule."
Posted at 12:27 PM by Howard Bashman



"Saudi wields British law against U.S. author; Billionaire leverages harsher libel rules to suppress unflattering book": James Oliphant has this article today in The Chicago Tribune.
Posted at 12:25 PM by Howard Bashman


"Pawlenty picks Magnuson as chief justice": The Minneapolis Star Tribune provides a news update that begins, "Governor Tim Pawlenty is turning to his former law partner to lead the Minnesota Supreme Court. Pawlenty named Eric Magnuson to replace Russell Anderson, who announced last week he would retire in June. Magnuson has been in charge of screening judicial candidates for the governor. He will become the first chief justice without previous experience on the Supreme Court since 1944."

And The St. Paul Pioneer Press provides a news update headlined "Gov. Pawlenty appoints lawyer to lead Supreme Court."

You can learn more about Magnuson via his law firm bio.
Posted at 11:30 AM by Howard Bashman



Eighth Circuit affirms permanent injunction against enforcement of a Minnesota law that prohibits minors from purchasing or renting video games bearing a 'Mature' or 'Adult Only' rating: A unanimous three-judge panel of the U.S. Court of Appeals for the Eighth Circuit issued this ruling today.

Today's ruling affirms a decision that Chief Judge James M. Rosenbaum of the U.S. District Court of the District of Minnesota issued on July 31, 2006. I had this post about that federal district court decision on the day it issued.
Posted at 11:23 AM by Howard Bashman



"Media: High Court, Low Profile." In the current issue of CQ Weekly, columnist Elizabeth Wasserman has an essay that begins, "When Chief Justice John G. Roberts Jr. went to a high school government class this month, he was asked if televising oral arguments might help the public understand the court. And his reply succinctly summarized the long-running standoff between the press and the justices."
Posted at 10:33 AM by Howard Bashman


"Court Will Examine Profanity Rules": Mark Sherman of The Associated Press provides this report.

The AP also reports that "Court Accepts Crime Lab Case"; "Court to Take Up Voting Rights Suit"; "Court Will Decide Wash. Shooting Case"; and "Justices Turn Down Microsoft Appeal."
Posted at 10:27 AM by Howard Bashman



F-word to be spoken at forthcoming U.S. Supreme Court oral argument: At "SCOTUSblog," Lyle Denniston has a post titled "Court grants review of indecency law, 7 other cases." You can access today's Order List at this link.

C-SPAN continues to provide online access to the video (RealPlayer required) of attorney Carter G. Phillips's profanity-laden oral argument presented in this case on December 20, 2006 before a three-judge panel of the U.S. Court of Appeals for the Second Circuit. My coverage of that Second Circuit oral argument appeared in posts which you can access here and here. I covered the Second Circuit's June 2007 ruling in posts that you can access here, here, and here. And I covered the filing of the federal government's petition for writ of certiorari in a post that you can access here.
Posted at 10:05 AM by Howard Bashman



"Obama, Clinton Strangely Silent on Gun Debate": Bloomberg News columnist Albert R. Hunt today has an essay that begins, "This Tuesday is a rare one in the U.S., without a presidential primary. The political fireworks instead will be at the Supreme Court, which will hear a case on whether the government can limit firearms."
Posted at 10:03 AM by Howard Bashman


"With Order to Name Sources, Judge Is Casting a Wide Net": The New York Times today contains an article that begins, "Every day, newspapers publish articles like the ones that have gotten Toni Locy in trouble: she quoted law enforcement officials, their names kept secret, about a person under investigation in an unsolved crime."

And The Pittsburgh Post-Gazette reports today that "Ex-reporter put in tough spot in fight over sources."
Posted at 08:20 AM by Howard Bashman



"Long Wecht trial heads to jury; Question comes down to honest mistakes or fraud": Yesterday's edition of The Pittsburgh Post-Gazette contained this article.

And yesterday in The Pittsburgh Tribune-Review, Jason Cato had an article headlined "Wecht trial's no-witness defense described as bold tactic."
Posted at 08:15 AM by Howard Bashman



"Gay Couples Say Civil Unions Aren't Enough": This article appears today in The New York Times.
Posted at 08:14 AM by Howard Bashman


"States of Justice By Election: Campaign contributions should not influence judicial nominees." Rebecca A. Schuetz has this op-ed today in The Harvard Crimson.
Posted at 08:07 AM by Howard Bashman


"Gun Case Causes Bush Administration Rift": Linda Greenhouse has this article today in The New York Times.

Greg Stohr of Bloomberg News reports that "U.S. Court Takes Up Gun Rights After 217 Years of Saying Little."

The Associated Press reports that "Lawyer in D.C. Gun Case Doesn't Own One."

And today's edition of The Washington Post contains an editorial that begins, "The D.C. Gun Case: The Supreme Court approaches a momentous decision on the Second Amendment."
Posted at 08:04 AM by Howard Bashman



"Skilling Pins His Appeal on FBI Notes; Former President Of Enron Claims Evidence Withheld": This article appears today in The Wall Street Journal.

The Houston Chronicle has posted online at this link the supplemental appellate brief that is the subject of this article.
Posted at 08:00 AM by Howard Bashman



"N.Y. Gun Laws in Balance as High Court Weighs D.C. Case": Joseph Goldstein has this article today in The New York Sun.
Posted at 07:52 AM by Howard Bashman


Sunday, March 16, 2008

"Lining up for Guns": Tonight at her "Legalities" blog, ABC News correspondent Jan Crawford Greenburg has a post that begins, "The landmark legal battle over the 2nd Amendment is still two days--and two cold nights--away. But people already are waiting in line to get a prized seat in the courtroom for the historic arguments. Jason McCrory, 23, and Dan Mott, 21, started the line at exactly 5:35 p.m. Sunday. I know, because I happened to be standing out front myself, getting ready to file a report about the case for World News."

You can watch Jan's wind-blown video segment from tonight's broadcast of ABC World News Tonight by clicking here.
Posted at 11:58 PM by Howard Bashman



"Supreme Court to hear challenge to Washington, D.C., gun law; The justices' decision on the individual right to keep and bear arms under the 2nd Amendment could reverberate throughout the U.S." David G. Savage will have this article Monday in The Los Angeles Times.
Posted at 11:47 PM by Howard Bashman


"Search and seizure ruling against Springfield man could head to Supreme Court": Today in The Kansas City Star, Tony Rizzo has an article that begins, "When does no mean no? Or more precisely, where does no mean no? Last week, a federal appeals court said it was OK for police to take a Missouri man's home computer without a warrant even after he told them they couldn't. That's because his wife, unaware that he had said no, allowed the officers to seize the computer as part of a child pornography investigation."

My earlier coverage of last Tuesday's en banc Eighth Circuit ruling appears at this link.
Posted at 08:57 PM by Howard Bashman



"Vt. high court upholds ex-partner's visitation rights": The Associated Press provides a report that begins, "A woman involved in a high-profile custody dispute welcomed a Vermont Supreme Court ruling [Friday] upholding her visitation rights to a child her former lesbian partner had when they were together."
Posted at 08:55 PM by Howard Bashman


"Feds question court employees; Probe focuses on relationship between judge, Massey CEO": Friday's edition of The Charleston (W. Va.) Gazette contained an article that begins, "Investigators from the FBI and the U.S. attorney's office in Charleston have interviewed employees of the West Virginia Supreme Court about a controversial case involving Massey Energy, court employees confirmed Thursday. Federal investigators have also interviewed at least one of the court's five justices, Larry Starcher, according to an employee of the court. The employees who spoke to the Gazette requested anonymity. The U.S. investigation focuses on the relationship between Chief Justice Elliott 'Spike' Maynard and Massey Energy CEO Donald L. Blankenship. The two men were photographed together during July 2006 vacations along the French Riviera and in Monaco."
Posted at 08:54 PM by Howard Bashman


"Quince to be Florida's first African-American female chief justice": This article appeared Saturday in The Tallahassee Democrat.

And The Associated Press reports that "Quince tapped for chief justice; She succeeds R. Fred Lewis, and will be the 1st black woman to lead Florida's Supreme Court."
Posted at 08:50 PM by Howard Bashman



"Another One: Top Federal Judge Linked to Prostitution Ring; Officials: Edward Nottingham Was 'Implicated as a Customer' in an Investigation of the Denver Sugar/Denver Players." ABCNews.com provides this report.

Denver's NBC affiliate 9News.com reports that "Judge's behavior targeted in new complaint."

And yesterday in The Denver Post, columnist Al Lewis had an op-ed entitled "Not-so-honorable judge presides."
Posted at 08:35 PM by Howard Bashman



"Gun-rights ruling could ricochet across nation; Chicago has stake in high court case": James Oliphant has this article today in The Chicago Tribune.

The Washington Times reports today that "D.C., feds ready for epic gun battle."

Monday's edition of The Guardian (UK) reports that "Supreme court tests right to own guns; Lawyer funds challenge to Washington firearms ban; Ruling will test constitution and could rock elections."

FOXNews.com reports that "Gun Control Advocates, Opponents Prepare for Supreme Court Argument."

And Agence France-Presse reports that "US Supreme Court in historic hearing on gun laws."
Posted at 08:23 PM by Howard Bashman



"Bush, Cheney Take Different Sides in Gun-Ban Case": This audio segment (RealPlayer required) featuring Nina Totenberg appeared on today's broadcast of NPR's "Weekend Edition Sunday."
Posted at 08:15 PM by Howard Bashman


"A look at boy's life behind Gitmo's bars": This excerpt from the book "Guantanamo's Child: The Untold Story of Omar Khadr," by Michelle Shephard, appears today in The Miami Herald.

Today's newspaper also contains related items headlined "Pentagon spurns offer to explain" and "Lawyers call detention of boy unjust."

And in yesterday's newspaper, Carol Rosenberg had an article headlined "Judge rebukes Pentagon, grants Khadr motions."
Posted at 03:10 PM by Howard Bashman



"When Reason Meets Rifles: The last time the court issued a major decision on the right to bear arms was in 1939, when criminals wore fedoras." Dahlia Lithwick will have this essay in the March 24, 2008 issue of Newsweek.
Posted at 03:00 PM by Howard Bashman


"Attacking Climate Change in Court: A spate of legal cases try to hold corporations and governments liable global warming." Emma Schwartz has this article online at the web site of U.S. Newe & World Report.
Posted at 02:57 PM by Howard Bashman


"Craigslist Isn't Liable for Biased Postings": The Wall Street Journal contained this article on Saturday.

The Associated Press reports that "Court Upholds Tossing Craigslist Lawsuit."

And Reuters reports that "Craigslist not liable for illegal ads, court says."

My earlier coverage of Friday's Seventh Circuit ruling appears at this link.
Posted at 12:30 AM by Howard Bashman



"Controversial sentence in TV series scam is overturned; The ruling by an appellate panel is another rebuke of Judge Manuel Real and means admitted con man Joseph Medawar could face more time": This article appeared Saturday in The Los Angeles Times.

You can access Wednesday's non-precedential ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.

The LATimes article notes that "Last year, the judicial council of the 9th Circuit reprimanded Real, a federal judge in L.A. since 1966, on the grounds that he had exhibited a 'pattern and practice of not providing reasons for his decisions when required to do so.'" I discussed the Judicial Conference Committee on Judicial Conduct and Disability's review of that proposed reprimand in last week's installment of my "On Appeal" column for law.com.
Posted at 12:21 AM by Howard Bashman



"D.C.'s Gun Ban Gets Day in Court; Justices' Decision May Set Precedent In Interpreting the 2nd Amendment": Robert Barnes has this front page article today in The Washington Post. A related sidebar looks at what, if anything, the Justices have said about the Second Amendment.
Posted at 12:05 AM by Howard Bashman


Saturday, March 15, 2008

ABCNews.com is reporting: Available online are articles headlined "AG Opinion: No Execution for 9/11 Plotters; Mukasey Expresses Personal Opinion About the Fate of Alleged 9/11 Conspirators" and "Online Speech Pits Students vs. Teachers; Pranks Bring Punishment -- and Free Speech Lawsuits."
Posted at 11:58 PM by Howard Bashman


"C.I.A. Secretly Held Qaeda Suspect, Officials Say": Today's edition of The New York Times contains an article that begins, "The Central Intelligence Agency secretly detained a suspected member of Al Qaeda for at least six months beginning last summer as part of a program in which C.I.A. officers have been authorized by President Bush to use harsh interrogation techniques, American officials said Friday."

And The Los Angeles Times reports today that "High Al Qaeda figure captured, Pentagon says; Muhammad Rahim arrives at the Guantanamo Bay detention camp; He allegedly helped Osama bin Laden flee Afghanistan in 2001."
Posted at 11:57 PM by Howard Bashman



The Associated Press is reporting: Hope Yen has an article headlined "Media Shield Law Remains in Doubt."

And an article headlined "Court Overturns Sentence in TV Show Scam" reports on a non-precedential ruling that the U.S. Court of Appeals for the Ninth Circuit issued on Wednesday.
Posted at 11:50 PM by Howard Bashman



"Supreme Court Inc.: How the nation's highest court became increasingly receptive to the arguments of American business." Law Professor Jeffrey Rosen will have this cover story in tomorrow's edition of The New York Times Magazine.
Posted at 11:33 PM by Howard Bashman


"Justice and the Press: Why should reporters have a 'privilege' to avoid telling the truth in court?" Mark A. Grannis, attorney for Steven Hatfill, has this op-ed today in The Wall Street Journal.
Posted at 01:28 PM by Howard Bashman


"Moving Targets: The solicitor general is the latest target in the showdown over guns." Dahlia Lithwick has this jurisprudence essay online at Slate.

And on Thursday, Dahlia served as moderator of a program titled "The Second Amendment in the Supreme Court" (video available via that link) hosted by the American Constitution Society.
Posted at 01:15 PM by Howard Bashman



Friday, March 14, 2008

Available online from law.com: Marcia Coyle reports that "Supreme Court to Hear Arguments Over Reimbursement of Paralegal Costs; Issue is crucial to small firms litigating against U.S. government."

And in other news, "Eminent Domain Proceedings Run Up Against Religious Freedom Arguments in Fla. Case; Lawyers on both sides of the issue say using the state's religious rights law to fight eminent domain is a novel strategy."
Posted at 11:00 PM by Howard Bashman



"History's lessons and gun rights": Lyle Denniston has this lengthy post at "SCOTUSblog."
Posted at 10:55 PM by Howard Bashman


"Jailed former Enron chief says prosecutors hid key evidence": The Houston Chronicle provides a news update that begins, "Former Enron CEO Jeff Skilling says federal prosecutors should lose their biggest catch in the scandal that felled the company because they hid crucial evidence that would have helped him during his trial two years ago. In an appeals court filing made public today, Skilling's lead lawyer, Daniel Petrocelli, alleged that the government shored up its case by hiding statements from former finance chief Andrew Fastow that would have bolstered Skilling's defense."

Update: The newspaper has posted the supplemental appellate brief at this link.
Posted at 10:52 PM by Howard Bashman



"Llano man has date with U.S. Supreme Court; Case could expand rights to court-appointed lawyers": Today in The Austin American-Statesman, Chuck Lindell has an article that begins, "Walt Rothgery, a modest man with a hard-luck life, is about to be immortalized by the U.S. Supreme Court. His case, resulting from a mistaken arrest six years ago, will be argued before the nation's highest court Monday. The ensuing opinion will be known as the Rothgery decision -- discussed by journalists, dissected by legal scholars and cited by lawyers in future legal briefs."

And today in The Houston Chronicle, Rick Casey has a related op-ed entitled "Supremes may slap Texas again."
Posted at 10:45 PM by Howard Bashman



On this evening's broadcast of NPR's "All Things Considered": The broadcast contained audio segments entitled "High Court to Hear Challenge to D.C. Gun Ban"; "D.C. Gun Ban Critic: Court Must Clarify Constitution"; and "House Adds Concession for Telecoms in Spying Bill."

RealPlayer is required to launch these audio segments.
Posted at 10:40 PM by Howard Bashman



"Supreme Court to hear landmark gun-control case": Michael Doyle of McClatchy Newspapers provides this report.
Posted at 07:57 PM by Howard Bashman


Available online from National Public Radio: Today's broadcast of "Morning Edition" contained an audio segment entitled "Court Fight Still Unfolding over Attorney Firings."

And today's broadcast of "Day to Day" contained an audio segment entitled "Lack of Market for Unwanted Horses Creates Glut."

RealPlayer is required to launch these audio segments.
Posted at 05:55 PM by Howard Bashman



An alien who "may pose" a danger to national security is not necessarily the same as an alien who "is" a danger to national security, Third Circuit holds: Today's ruling of the U.S. Court of Appeals for the Third Circuit holds that the Attorney General of the United States has been improperly applying, in an overbroad manner, the so-called "the national security exception" to an illegal alien's entitlement to the withholding of removal otherwise available when the alien's life or freedom would be threatened in the country of removal.
Posted at 04:15 PM by Howard Bashman


Tenth Circuit rejects, due to lack of standing and mootness, a challenge to the Pledge of Allegiance filed by a former Colorado town trustee who was recalled from office after refusing to stand and recite the Pledge at meetings of the town's Board of Trustees: You can access today's ruling of the U.S. Court of Appeals for the Tenth Circuit at this link.
Posted at 04:05 PM by Howard Bashman


"Appeals court judge adds insult to injury": Today in The Times-Picayune of New Orleans, columnist James Gill has an op-ed that begins, "Luck doesn't come any worse than this. First you get severely injured by some negligent corporation, and then your jury award winds up before Priscilla Owen of the federal appeals court. That's when you know the Fates have it in for you."
Posted at 02:44 PM by Howard Bashman


"D.C. Gun Ban's Effectiveness Questioned": The Associated Press provides this report.
Posted at 02:37 PM by Howard Bashman


"Two wrongs may not make a right, but do two crimes not involving moral turpitude when committed separately become morally turpitudinous when committed together?" That was the title of my post from September 12, 2007 reporting on the ruling a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued that day answering that question of immigration law in the affirmative.

Today, the Ninth Circuit issued an order granting rehearing en banc in the case.
Posted at 02:35 PM by Howard Bashman



"House Passes New Surveillance Bill": The Associated Press provides a report that begins, "The House on Friday narrowly approved a Democratic bill that would set rules for the government's eavesdropping on phone calls and e-mails inside the United States. The bill, approved as lawmakers departed for a two-week break, faces a veto threat from President Bush. The margin of House approval was 213 to 197, largely along party lines."
Posted at 02:30 PM by Howard Bashman


In today's mail: The book "Under God: George Washington and the Question of Church and State," by Tara Ross and Joseph C. Smith Jr.
Posted at 12:40 PM by Howard Bashman


Seventh Circuit affirms entry of summary judgment against Chicago Lawyers' Committee for Civil Rights Under Law in lawsuit alleging that craigslist violates the Fair Housing Act's prohibition against discrimination on account of race, religion, sex, or family status when selling or renting housing: Chief Judge Frank H. Easterbrook issued today's ruling on behalf of a unanimous three-judge panel.

The ruling is likely to be of interest in the Ninth Circuit, which on December 12, 2007 heard reargument en banc in Fair Housing Council v. Roommates.com. My extensive earlier coverage of the Roommates.com case can be accessed via posts that appear here and here. In addition, you can download the audio of the Ninth Circuit's en banc reargument via this link (9.53MB Windows Media audio file).

Law Professor Eric Goldman, at his "Technology & Marketing Law Blog," had a post titled "Craigslist Wins 230 Defense in Fair Housing Case--Chicago Lawyers' Committee for Civil Rights under the Law v. Craigslist" reporting on the federal district court's ruling in the craigslist case, which the Seventh Circuit today affirmed. Via the Seventh Circuit's web site, you can download the oral argument audio (6.90MB mp3 audio file) and also access the appellate briefs filed in the case.

Update: Eric Goldman now has this post about today's Seventh Circuit ruling.
Posted at 12:17 PM by Howard Bashman



Divided three-judge D.C. Circuit panel allows district court to consider whether to issue a preliminary injunction precluding Guantanamo detainee Ahmed Belbacha from being transferred to his native country of Algeria: You can access today's ruling at this link.

Update: Pete Yost of The Associated Press reports that "Guantanamo Detainee Gets Reprieve."

And at "SCOTUSblog," Lyle Denniston has a post titled "Detainees get new chance in court."
Posted at 10:17 AM by Howard Bashman



Three-judge Sixth Circuit panel grapples over whether it's a federal crime to commit murder in a national forest: For the second time in 20 days, a federal appellate court has issued a ruling addressing whether the federal courts have jurisdiction over murders committed in a national forest.

Late last month, a three-judge Tenth Circuit panel issued a lengthy ruling addressing and rejecting a federal death row inmate's challenge to the exercise of federal jurisdiction over a double-murder committed at the Ouachita National Forest in Oklahoma. My earlier coverage of that ruling appears here.

Today, a three-judge Sixth Circuit panel splits 2-1 -- with each judge on the panel writing separately -- over whether a murder committed in the Manistee National Forest in Michigan can be prosecuted as a federal offense. The majority answers "yes" in a decision that you can access here. Senior Circuit Judge Gilbert S. Merritt's dissenting opinion begins:

Although it may seem at first glance somewhat counterintuitive to say that the federal courts do not have general or plenary subject matter jurisdiction over murder and other crimes in the national forests, that is, in fact, the situation. That is the situation because our system of federalism requires that Congress act by clear positive legislation to create such criminal jurisdiction, and Congress has not done so. There is no common-law, federal criminal, subject-matter jurisdiction in national forests or elsewhere, and this concept has been a part of our system of checks and balances limiting the power of the federal government from the beginning.
I'll leave it up to others to speculate over whether the recent issuance of these two appellate court rulings indicate that national forests are especially dangerous places to visit.
Posted at 10:09 AM by Howard Bashman


Drug testing job applicants or student athletes, on appeal: Today in The San Francisco Chronicle, Bob Egelko has an article headlined "Court ruling limits employment drug testing" that begins, "A city can't require all job applicants to be tested for narcotics and must instead show why drug use in a particular job would be dangerous, a federal appeals court ruled Thursday." You can access yesterday's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.

Elsewhere, The Seattle Times reports today that "Random student drug tests banned." And The Seattle Post-Intelligencer contains an article headlined "No random drug tests of student athletes; State Supreme Court rules against practice." Yesterday's ruling of the Supreme Court of Washington State consists of a plurality opinion and three concurring opinions (here, here, and here).
Posted at 09:57 AM by Howard Bashman



"U.S. Army altered Khadr report; First version said attacker was slain, military court told": Today's edition of The Toronto Globe and Mail contains a front page article that begins, "A U.S. commander made an unexplained change to a key military report that made it support the government's case against Omar Khadr, the Guantanamo Bay tribunal heard yesterday. The report detailed what happened during a 2002 firefight in Afghanistan that left U.S. Sergeant Christopher Speer dead and landed Mr. Khadr at the U.S. detention centre at Guantanamo Bay charged with murder."

The Toronto Star today contains an article headlined "Evidence doctored to implicate Khadr: Lawyer."

In The Los Angeles Times, Carol J. Williams reports that "Pentagon accused of doctoring Guantanamo tribunal evidence; A defense lawyer for an accused Canadian says the account of an attack was altered to support a 'myth' that his client was its sole survivor."

And in The Miami Herald, Carol Rosenberg has articles headlined "Detainee arraigned, says he was abused; Allegations of military abuse increasingly took center stage as the Guantanamo military commissions edged toward full-blown trials" and "Suit seeks complete Gitmo transparency."
Posted at 09:48 AM by Howard Bashman



"Democrats Dig In for Surveillance Battle": The Wall Street Journal contains this article today.
Posted at 09:42 AM by Howard Bashman


"Do away with loyalty oaths: Requiring state employees to swear loyalty to the Constitution is a relic." This editorial appears today in The Los Angeles Times.
Posted at 09:40 AM by Howard Bashman


"Freedom of Information: The leaks go on; A federal court judge says prior Wikileaks ruling was unconstitutional." The current issue of San Francisco Bay Guardian contains this article.
Posted at 09:37 AM by Howard Bashman


In today's edition of The Miami Herald: The newspaper contains articles headlined "Censored Coconut Creek student paper tries again; Young journalists at Monarch High School find it hard to produce a student newspaper that school administrators consider acceptable" and "Senate: No ifs, ands or butts -- pull up those pants; Tired of seeing teens' underwear, legislators are trying to pass a ban."
Posted at 09:35 AM by Howard Bashman


"President weakens espionage oversight; Board created by Ford loses most of its power": Charlie Savage has this article today in The Boston Globe.
Posted at 09:04 AM by Howard Bashman


"Safety in Defenselessness: The District of Columbia tries to save its gun law by misreading it." Jacob Sullum has this essay online at Reason.

And today in The New York Sun, Kenneth Blackwell and Sandra Froman have an op-ed entitled "The Roe v. Wade of Gun Rights."
Posted at 08:55 AM by Howard Bashman



"A Lawyer's Trials: Tort King's Path to Bribery Charge; Scruggs Has History Of Spats Over Fees; $50 Million Adviser." The Wall Street Journal contains this lengthy front page article today.
Posted at 08:50 AM by Howard Bashman


"Cities dance around free-speech issue; Use zoning and licensing laws to curb adult entertainment": This article appears today in USA Today.
Posted at 08:42 AM by Howard Bashman


"Newspapers censor Bono's 'fucking' gaffe; The FCC's 'broadcast indecency' rules: Still, well, bullshit." Harvey Silverglate has this essay in the current issue of The Boston Phoenix.
Posted at 08:40 AM by Howard Bashman


"Bush's conservatism to live long in the U.S. courts; Lifetime appointments to the bench carve out president's judicial legacy": Joan Biskupic has this article today in USA Today. Accompanying the article are sidebars headlined "Judicial appointments by the numbers" and "Battles between Bush, Senate over the bench."
Posted at 08:35 AM by Howard Bashman


"Virginia Supreme Court Justice Agee picked for U.S. court; Va. Supreme Court jurist nominated by Bush for appeals post in Richmond": This article appears today in The Richmond Times-Dispatch.

And The Roanoke Times reports today that "Judge from Salem gets nod for federal post."
Posted at 08:17 AM by Howard Bashman



"Prosecutorial Effort To Humiliate Spitzer Is Seen": Joseph Goldstein has this article today in The New York Sun.

And today's edition of The New York Times contains articles headlined "U.S. Is Examining Spitzer's Funds" and "For Spitzer, Lawyers Both Formidable and Familiar Prepare to Do Battle."
Posted at 08:12 AM by Howard Bashman



"Ferraro at Bryant brings Clarence Thomas into the mix; Geraldine Ferraro made a Bryant University audience pause as she spoke about how Supreme Court Justice Clarence Thomas -- the second black judge to sit on the high court -- got into Yale University": This article appears today in The Providence (R.I.) Journal.
Posted at 08:10 AM by Howard Bashman


"Paterson Could Derail Development; Opposes Use of Eminent Domain": The New York Sun contains this article today.
Posted at 08:05 AM by Howard Bashman


"Complaint vs. judge sustained; Whether Nottingham tarred office is taken under advisement": This article appears today in The Rocky Mountain News.

And The Denver Post reports today that "Misconduct complaint against federal judge under review."

My earlier coverage of this recent development appeared in this post from last night.
Posted at 08:02 AM by Howard Bashman



"Why a California Court of Appeal Ruling Threatens to Make Home Schooling Illegal": Vikram David Amar and Alan Brownstein have this essay online today at FindLaw.
Posted at 07:57 AM by Howard Bashman


Thursday, March 13, 2008

"Court will stay true to public, Rosen says": Today's edition of The Brown Daily Herald contains an article that begins, "The Supreme Court of the United States has and will continue to make decisions that largely reflect majority public opinion, George Washington University Professor of Law Jeffrey Rosen told a nearly full Salomon 001 Wednesday afternoon."
Posted at 11:20 PM by Howard Bashman


"Stalemate Over Judicial Nominations Dampens Bush Legacy; Bush likely to leave office with fewer judges in place than Clinton, Reagan": law.com provides this report.
Posted at 11:15 PM by Howard Bashman


"Vermont Supreme Court hears reappeal of lesbian custody case": The Associated Press provides a report that begins, "A Virginia woman asked the Vermont Supreme Court again Thursday to bar her former lesbian partner from visiting a 5-year-old girl born when the two were still together."
Posted at 11:07 PM by Howard Bashman


"Court hears Harman Mining arguments": The Charleston (W. Va.) Gazette today contains an article that begins, "The state Supreme Court heard arguments Wednesday afternoon over whether to reverse its November ruling that dismissed a $76 million verdict against Massey Energy, after photos surfaced of the state's chief justice and Massey's chief executive together on vacation along the French Riviera."

The Wall Street Journal reports today that "New Hearing Held in Coal Case; West Virginia Top Court Revisits Appeal in Suit After Pair of Recusals."

And The West Virginia Record reports that "Court rehears headline-grabbing Massey case."
Posted at 10:54 PM by Howard Bashman



"FBI Found to Misuse Security Letters; 2003-06 Audit Cites Probes of Citizens": Dan Eggen will have this article Friday in The Washington Post.

And The Associated Press provides a report headlined "Audit: FBI Privacy Abuses Rose in 2006."

You can access the report of the Inspector General of the U.S. Department of Justice at this link.
Posted at 10:37 PM by Howard Bashman



Failure to exhaust state court remedies before seeking habeas corpus relief in federal court and executing the mentally retarded: Yesterday, the U.S. Court of Appeals for the Fifth Circuit issued an order granting rehearing en banc in a case involving Texas death row inmate Eric Moore.

Earlier, a divided three-judge panel twice voted 2-1 (see here and here) to overturn the federal district court's grant of habeas relief, which had been based on a finding that Moore was retarded.
Posted at 08:57 PM by Howard Bashman



"Judge refuses to strike down school integration plan ; Lawyer said it revived quotas": Yesterday's edition of The Louisville Courier-Journal contained an article that begins, "A temporary plan to keep Jefferson County Public Schools desegregated next year survived its first legal challenge yesterday when a federal judge refused to strike it down. U.S. District Judge John Heyburn II rejected a challenge by Louisville attorney Ted Gordon, who contends the plan for the 2008-09 school year is unconstitutional."
Posted at 08:40 PM by Howard Bashman


"WA high court says random school drug testing unconstitutional": The Seattle Times provides this news update.

The Associated Press reports that "WA high court says random school drug testing unconstitutional."

And at Education Week's "School Law Blog," Mark Walsh has a post titled "Washington State Supreme Court Strikes Down Student Drug Testing."

Today's ruling of the Supreme Court of Washington State consists of a plurality opinion and three concurring opinions (here, here, and here).
Posted at 08:30 PM by Howard Bashman



Tenth Circuit's chief judge takes "under advisement" judicial misconduct complaint asserting that Chief Judge Edward W. Nottingham of the U.S. District Court for the District of Colorado has brought disrepute to the judiciary: You can access Monday's order at this link. The original judicial misconduct complaint can be accessed here, via KnowYourCourts.com.

The Tenth Circuit's order from Monday is also available for download via that court's own web site at this link.
Posted at 08:07 PM by Howard Bashman



President Bush has nominated G. Steven Agee to the U.S. Court of Appeals for the Fourth Circuit: You can view the announcement at this link. The nominee currently serves as a Justice on the Supreme Court of Virginia, where his term is due to expire on March 1, 2015.

The nominee, if confirmed by the U.S. Senate, would fill the vacancy created when J. Michael Luttig resigned.

The Associated Press reports that "Va. Justice Nominated to Appeals Court."
Posted at 07:47 PM by Howard Bashman



"Immunity Issue at Center of FISA Fight": This audio segment (RealPlayer required) appeared on today's broadcast of NPR's "Morning Edition."

And The Associated Press reports that "House to Close Its Doors for Spying Bill."
Posted at 05:07 PM by Howard Bashman



Are senior status federal judges costing too much? Joe Palazzolo, in this post at "The BLT: The Blog of Legal Times," explains that the question arose yesterday at a hearing before the Financial Services and General Government subcommittee of the Senate Appropriations Committee.
Posted at 04:57 PM by Howard Bashman


"Novak, Clement, Cheney, and the Gun Case": Marty Lederman has this interesting post at "SCOTUSblog."

And at National Review Online's "The Corner," Shannen Coffin writes that "Novak's claim are remarkable and, quite frankly, difficult to believe."
Posted at 04:52 PM by Howard Bashman



"Detainee in U.S. pursues new claim": At "SCOTUSblog," Lyle Denniston has a post that begins, "Lawyers for the only detainee now being held inside the U.S. as an 'enemy combatant' on Thursday opened a new challenge to his confinement, arguing that his constitutional rights have been violated by the conditions under which he has been held for almost five years."
Posted at 04:50 PM by Howard Bashman


"US Accused of Altering Gitmo Evidence": The Associated Press provides this report about the latest developments in the case against Canadian detainee Omar Khadr.
Posted at 04:37 PM by Howard Bashman


Ninth Circuit denies rehearing en banc of decision recognizing a First Amendment right to operate web sites that encouraged people to "swap" their votes to improve the chances of a Democratic presidential victory: You can access today's order denying rehearing en banc, and a dissent therefrom that only three judges joined, at this link.

My earlier coverage of the original three-judge panel's ruling appears at this link.
Posted at 04:20 PM by Howard Bashman



"Not even Thomas Reed Powell--who famously defined the legal mind as one that can think of something that is inextricably connected to something else without thinking about what it is connected to--could miss the fact that a pot pipe is related to the pot that it is used to smoke." Chief Judge Frank H. Easterbrook of the U.S. Court of Appeals for the Seventh Circuit today issued this decision about drug paraphernalia and immigration law.
Posted at 04:04 PM by Howard Bashman


"Scrutiny for a Bush Judicial Nominee": At Time magazine's web site, Adam Zagorin has an article that begins, "As the top lawyer for America's biggest private prison company, Corrections Corporation of America (CCA), Gus Puryear IV, is known to sport well-pressed preppy pink shirts, and his brownish mop of hair stands out among most of President Bush's graying nominees to the federal bench."

And today's issue of the weekly Nashville Scene contains an article headlined "A White Man's Dance: With Ted Kennedy on his back, judicial candidate Gus Puryear is forced to defend his membership at the exclusive Belle Meade Country Club."
Posted at 03:52 PM by Howard Bashman



"Justices Back Pay Raise, Oppose Cameras": The Associated Press provides a report that begins, "Two Supreme Court justices pressed lawmakers Thursday to raise the pay of federal judges and refrain from requiring the court to televise its sessions."

And at "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "A Meeting of the Branches."
Posted at 03:15 PM by Howard Bashman



Former U.S. Supreme Court law clerks discuss the life and legacy of Justice Thurgood Marshall: You can view online this past Saturday's broadcast of C-SPAN's "America and the Courts" by clicking here (RealPlayer required). One of the panelists is former Fifth Circuit nominee Michael B. Wallace.
Posted at 09:10 AM by Howard Bashman


"F.B.I. Made 'Blanket' Demands for Phone Records": The New York Times contains this article today.
Posted at 09:02 AM by Howard Bashman


"L.A. Times Legal Reporter Weinstein Said to Take Buyout": This post appears today at the ABA Journal's blog. Further confirmation of the news appears at this link.
Posted at 09:00 AM by Howard Bashman


"Judge calls immigration officials' decision 'beyond cruel'; The ruling says a detainee who later died of penile cancer was denied a biopsy of a lesion though several doctors said the procedure was urgently needed; His family will be allowed to seek damages": Henry Weinstein has this article today in The Los Angeles Times.

I have posted online at this link Tuesday's ruling of the U.S. District Court for the Central District of California.
Posted at 08:57 AM by Howard Bashman



"Guantanamo trial delayed amid prisoner's protests; An Afghan accused in attack on U.S. soldiers refuses to cooperate in what he calls an 'illegal' tribunal": Carol J. Williams has this article today in The Los Angeles Times.

And today in The Miami Herald, Carol Rosenberg has articles headlined "Defiance, shackles in Afghan's war trial; In a military commissions first, a Marine judge ordered a Guantanamo detainee to be shackled at the ankles at a chaotic hearing" and "Pentagon to charge another Afghan."
Posted at 08:40 AM by Howard Bashman



"Gun Battle at the White House?" Today in The Washington Post, columnist Robert D. Novak has an op-ed that begins, "In preparation for oral arguments Tuesday on the extent of gun rights guaranteed by the Second Amendment, the U.S. Supreme Court has before it a brief signed by Vice President Cheney opposing the Bush administration's stance."
Posted at 08:35 AM by Howard Bashman


"New York stripper says Hillsborough judge owes her money; She says he refused her offer to keep quiet in return for the money": The St. Petersburg Times contains this article today.
Posted at 08:27 AM by Howard Bashman


"Cyclist's Trial May Foreshadow Perjury Case Against Bonds": This article appears today in The New York Times.
Posted at 08:17 AM by Howard Bashman


"Author says Supreme Court often takes side of business": In today's edition of The Providence (R.I.) Journal, Edward Fitzpatrick has an article that begins, "Since John G. Roberts Jr. became chief justice, the U.S. Supreme Court has been sharply divided over hot topics such as abortion, race and the environment, but it has been unified in one area that receives far less attention: The court is decidedly pro-business."
Posted at 08:12 AM by Howard Bashman


"Bill to close prostitution loophole": The Providence (R.I.) Journal today contains an article that begins, "With the nation's eyes trained on former New York Gov. Eliot Spitzer's alleged involvement with a prostitute, Rhode Island lawmakers are considering a bill that would close the loophole in this state's laws that makes prostitution legal if it occurs indoors."
Posted at 08:10 AM by Howard Bashman


"Pentagon Cites Tapes Showing Interrogations": Today's edition of The New York Times contains an article that begins, "The Defense Department is conducting an extensive review of the videotaping of interrogations at military facilities from Iraq to Guantanamo Bay, and so far it has identified nearly 50 tapes, including one that showed what a military spokesman described as the forcible gagging of a terrorism suspect."

And The Washington Post reports today that "Detainee's Suit Says Abuse Was Videotaped."
Posted at 08:02 AM by Howard Bashman



The Associated Press is reporting: Now available online are articles headlined "Juvenile Suspects Face Trial at Gitmo"; "White House Threatens Surveillance Veto"; and "German Court Upholds Incest Law."
Posted at 07:48 AM by Howard Bashman


Wednesday, March 12, 2008

"Court: Picketing law flawed; Trigger provision usurps job of Legislature; new bill emerges." The Topeka Capital-Journal contains this article today.

The Kansas City Star reports today that "Kansas ban on funeral protests gets blocked."

And The Wichita Eagle reports that "Court rejects funeral law; 'Trigger' provision troubles justices."

You can access yesterday's ruling of the Supreme Court of Kansas at this link.
Posted at 11:12 PM by Howard Bashman



"Wecht defense rests case, calls no witnesses; Closing arguments set for Monday in fraud trial against former coroner": This article appears today in The Pittsburgh Post-Gazette.

And today in The Pittsburgh Tribune-Review, Jason Cato reports that "Closing arguments set for Monday."
Posted at 11:01 PM by Howard Bashman



"Retired High Court Justice O'Connor Says Judges Need Higher Pay; At Georgia State University's College of Law, O'Connor says judges shouldn't make less than first-year associates": law.com provides this report.
Posted at 10:57 PM by Howard Bashman


"The Next Step for Fired U.S. Attorneys": This audio segment (RealPlayer required) featuring Dahlia Lithwick appeared on today's broadcast of NPR's "Day to Day."
Posted at 06:04 PM by Howard Bashman


"The state high court's gay marriage conundrum": Columnist Peter Schrag has this op-ed today in The Sacramento Bee.
Posted at 05:58 PM by Howard Bashman


"Iowa Supreme Court hears Davenport traffic camera case": This article appears today in The Quad-City Times of Davenport, Iowa.

And The Des Moines Register reports today that "Traffic cameras go before state Supreme Court."
Posted at 05:50 PM by Howard Bashman



"Massey case returns to Supreme Court today": The Associated Press provides a report from West Virginia that begins, "Arguments over a $76 million judgment against Massey Energy Co. await a slightly different West Virginia Supreme Court than the one that ruled in the coal contract dispute last year. A 3-2 decision in November had overturned that judgment. But the court agreed to rehear the case pitting Massey against Harman Mining Co., after photos surfaced showing Chief Justice Elliott 'Spike' Maynard in Monaco with Massey chief executive Don Blankenship."

You can access via this link the briefs filed in the case.
Posted at 03:14 PM by Howard Bashman



An appeal about intervention into a lawsuit over whether employees at a Tyson Foods plant are entitled under federal law to receive compensation for time spent donning and doffing the safety and sanitary gear they must wear on the chicken processing line: The U.S. Court of Appeals for the Eleventh Circuit issued this ruling today.

As coincidence would have it, law.com posted online today an essay by attorneys Carla J. Rozycki and Darren M. Mungerson entitled "Will the Supreme Court Make a Decision About Compensable Work? Tyson Foods has petitioned the Court to resolve the fundamental question of whether compensable work must entail exertion."
Posted at 03:05 PM by Howard Bashman



"Attorney general plans rare appearance before high court": Bill Mears of CNN.com provides this report.
Posted at 02:47 PM by Howard Bashman


"Court stops Barzee's forced meds": Today's edition of The Deseret Morning News contains an article that begins, "Elizabeth Smart was found and returned to her family five years ago today. But the legal battles involving those accused of kidnapping her are far from over. A day after Wanda Barzee was ordered to start involuntary medication, the Utah Supreme Court ordered the treatment stopped, pending an appeal filed Tuesday by Barzee's attorneys."

And The Salt Lake Tribune reports today that "Utah high court halts forced meds for Barzee."
Posted at 02:40 PM by Howard Bashman



"Neways founders' tax evasion, fraud convictions upheld": Pamela Manson of The Salt Lake Tribune has a news update that begins, "The 10th U.S. Circuit Court of Appeals today upheld the tax evasion and tax fraud convictions of the founders of Neways Inc., a Springville multilevel marketing company, and its former corporate counsel."

You can access today's 75-page ruling of the U.S. Court of Appeals for the Tenth Circuit at this link.
Posted at 02:23 PM by Howard Bashman



"States reconsider life behind bars for youth; With nearly 2,400 inmates sentenced to life as juveniles, the U.S. is the only nation imposing the mandate on children": This article appears today in The Christian Science Monitor.
Posted at 11:40 AM by Howard Bashman


"Afghan Detainee to Appear in Gitmo Court": The Associated Press provides this report.
Posted at 11:38 AM by Howard Bashman


"Binding National Rules Adopted for Handling Judicial Misconduct Complaints": law.com's Tony Mauro provides this report.

Today's installment of my "On Appeal" column for law.com is headlined "A Look at Federal Judicial Disciplinary Developments: 2008 brings rule amendments and a ruling of note."

And yesterday, the Administrative Office of the U.S. Courts issued a news release headlined "National Rules Adopted for Judicial Conduct and Disability Proceedings."
Posted at 09:37 AM by Howard Bashman



"Reporter's fines blocked in anthrax case; Former USA TODAY writer continues to fight contempt order": This article appears today in USA Today.

In addition, Ken Paulson has an op-ed entitled "The real cost of fining a reporter."
Posted at 09:33 AM by Howard Bashman



In the current issue of Nashville Scene: The publication contains articles headlined "Elephant in the Room: At only 39, GOP golden boy Gus Puryear is a Bush judicial appointee, but congressional Democrats are targeting his inexperience and deep Republican ties" and "Homeward Bound? A death row inmate who is probably innocent reaches the brink of freedom, only to wait a little longer."
Posted at 09:32 AM by Howard Bashman


"No ban on home schooling; Top schools official reassures parents that court ruling won't change status quo; Many still worry": This article appears today in The Los Angeles Times, which also contains an editorial entitled "A right to home school? If no such right exists, as a court ruled, the Legislature should make it an option."
Posted at 09:23 AM by Howard Bashman


"Nigerians pull half of claims in Chevron suit": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "Nigerian villagers who are suing Chevron Corp. in a San Francisco federal court have quietly moved to withdraw half of their claims that the oil company was responsible for military attacks on protesters in the late 1990s."
Posted at 09:20 AM by Howard Bashman


"Judge's case up for review; Impeachment of Porteous urged": Today's edition of The Times-Picayune of New Orleans contains an article that begins, "The U.S. Judicial Conference on Tuesday declined to consider an impeachment recommendation against U.S. District Judge Thomas Porteous but referred the matter to a five-member disciplinary committee."
Posted at 09:12 AM by Howard Bashman


"Allegations against Spitzer don't affect Nacchio case, experts say": The Rocky Mountain News today contains an article that begins, "It's been a wild week in the continuing saga of former Qwest CEO Joe Nacchio. And that's without any new development in his criminal or civil cases. First, 9News reported last week that Chief Federal Judge Edward Nottingham, who presided over Nacchio's insider-trading criminal trial, may have been a customer of an escort service. Now, New York Governor and former prosecutor Eliot Spitzer, who once sued Nacchio in connection with stock sales, allegedly was a client of a pricey escort service."
Posted at 09:10 AM by Howard Bashman


"Stripper says judge shielded her from creditors; It was a way to keep creditors at bay, she says; He says she was a friend, but denies her allegations": The St. Petersburg Times today contains an article that begins, "An appeals judge denied Tuesday that he helped shield a stripper from creditors seeking nearly $315,000."

And The Tampa Tribune reports today that "Judge, Stripper At Odds Over Shared Accounts."
Posted at 09:03 AM by Howard Bashman



"Combatants may get phone link to home": Today in The Miami Herald, Carol Rosenberg has an article that begins, "ET, the extra terrestrial, tried to do it. Now the Pentagon has decided to let ECs, or enemy combatants, do it too -- phone home."
Posted at 08:57 AM by Howard Bashman


"House unable to override Bush's veto of waterboarding ban; The bill would have funded intelligence agencies and limited the CIA's use of interrogation techniques": This article appears today in The Los Angeles Times.
Posted at 08:55 AM by Howard Bashman


"Attorney General To Argue a Case Before High Court": Today in The Washington Post, Dan Eggen has an article that begins, "Attorney General Michael B. Mukasey, who spent most of his adult life as a federal prosecutor and a judge, will return to the courtroom later this month to argue a case before the Supreme Court, officials said yesterday. Mukasey will urge the justices to reinstate a sentence overturned by an appeals court in the case of Ahmed Ressam, an al-Qaeda operative convicted of a plot to blow up Los Angeles International Airport in 1999."

This blog's earlier coverage of the Ninth Circuit's ruling and denial of rehearing en banc appears in posts that you can access here, here, here, and here.
Posted at 08:34 AM by Howard Bashman



"Need to Know: The Senate Judiciary Committee last week approved a potentially life-saving bill that would require federal judges to consider public health and safety before sealing court records." This editorial appears today in The New York Times.
Posted at 08:14 AM by Howard Bashman


Tuesday, March 11, 2008

"Minnesota high court chief justice to step down; he spent 10 years on the bench, two in top spot": This article appears today in The Minneapolis Star Tribune.
Posted at 11:42 PM by Howard Bashman


"Florida lawyer wins ruling in support dispute": Today in The Atlanta Journal-Constitution, Bill Rankin has an article that begins, "Successful Florida lawyer Willie Gary cannot be held in contempt over a child-support dispute involving twins he fathered with an Atlanta woman, the Georgia Supreme Court ruled Monday."

You can access yesterday's ruling of the Supreme Court of Georgia at this link.
Posted at 11:32 PM by Howard Bashman



"Appeals court upholds $82.6 million award to S.D. woman paralyzed in SUV rollover": The San Diego Union-Tribune provides a news update that begins, "An appeals court ruling upholding the $82.6 million in damages awarded to a San Diego woman paralyzed in a Ford Explorer rollover accident will be appealed to the California Supreme Court, an attorney said Tuesday."

My earlier coverage of the ruling appears at this link.
Posted at 11:17 PM by Howard Bashman



"Rules set for U.S. judicial misconduct complaints": James Vicini of Reuters provides this report.
Posted at 11:12 PM by Howard Bashman


"Supreme Court Justice Ginsburg Advocates Women Pursuing Law": This article appears today in The Philadelphia Bulletin.
Posted at 11:00 PM by Howard Bashman


"Right to bear arms at heart of high court case": James Vicini of Reuters provides this report.
Posted at 09:52 PM by Howard Bashman


"Complaint Questions McCain Citizenship": The Associated Press provides a report that begins, "John McCain has been called an American hero. But is he a natural born citizen? A federal judge in California has been asked to determine if the Republican presidential candidate, who was born in the Panama Canal Zone in 1936, meets the legal test to qualify for the nation's highest office."

I have uploaded at this link a copy of the complaint initiating suit in the U.S. District Court for the Central District of California.
Posted at 08:57 PM by Howard Bashman



"Court suspends fines for reporter": USA Today provides a news update that begins, "A federal appeals court on Tuesday temporarily blocked a lower court order that would have required a former USA TODAY reporter to pay thousands of dollars in fines for failing to identify sources."

And Pete Yost of The Associated Press reports that "Court Blocks Fines Against Reporter."

Earlier today, attorneys for plaintiff Steven J. Hatfill, M.D. filed this opposition to the stay motion.
Posted at 08:47 PM by Howard Bashman



Defendant charged with importing and distributing more than 500 grams of cocaine now has new found respect for the Bible: Today, the U.S. Court of Appeals for the First Circuit issued a decision overturning, due to double jeopardy, the defendant's conviction on those charges. The conviction was reached at a retrial after the federal district court ordered a new trial because a juror during the deliberations at the first trial had a Bible in the jury room and was urging other jurors to consider what the Bible says in deciding what verdict to render.

Today's First Circuit ruling holds that the district court granted a new trial too quickly and thus failed to establish that a new trial was a manifest necessity. As a result, jeopardy attached after the first trial, and today's ruling sets aside the defendant's conviction at the second trial and orders the dismissal of the indictment.
Posted at 06:05 PM by Howard Bashman



"Rulings on Judge Complaints to Be Public": Mark Sherman of The Associated Press provides a report that begins, "Federal judges agreed Tuesday to grant the public more access to cases in which judges are disciplined by their colleagues. Final orders on complaints about judges will be posted on appeals court Web sites and, in most cases, judges will be named if they have been sanctioned."
Posted at 04:32 PM by Howard Bashman


"The Legality of Prostitution": This audio segment (RealPlayer required) featuring Emily Bazelon appeared on today's broadcast of NPR's "Day to Day."
Posted at 04:05 PM by Howard Bashman


The perils of hoarding toll-free vanity telephone numbers: The U.S. Court of Appeals for the Third Circuit issued this ruling today.
Posted at 03:44 PM by Howard Bashman


"Judicial Conference OKs New Rules on Complaints": At "The BLT: The Blog of Legal Times," Tony Mauro has a post that begins, "The Judicial Conference today unanimously adopted the first-ever binding procedures for handling judicial misconduct complaints."
Posted at 03:40 PM by Howard Bashman


"Wecht trial: Defense rests without calling any witnesses." The Pittsburgh Post-Gazette provides this news update.

And The Pittsburgh Tribune-Review provides a news update headlined "Testimony abruptly ends in Wecht trial."

Closing arguments are scheduled to occur on Monday of next week.
Posted at 03:15 PM by Howard Bashman



"Craig lawyers dispute 'prehensile stare'": The Minneapolis Star Tribune provides a news update that begins, "In a bid to get Sen. Larry Craig's disorderly conduct conviction overturned, defense lawyers filed a brief Tuesday, taking issue with the prosecution's 'exaggerating flourishes,' including the use of term 'prehensile stare' to describe the senator's peering into the men's room stall at the Minneapolis-St. Paul International Airport."

And The Associated Press reports that "Sen. Craig's Lawyers Appeal in Sex Case."

In earlier related coverage, The St. Paul Pioneer Press reported last Saturday that "Man arrested in airport sex sting goes to trial, is acquitted; Defendant's argument -- police entrapment -- is the same as senator's." And late last month, Pioneer Press columnist Ruben Rosario had an op-ed entitled "Sen. Craig's real crime? Forcing us to spend money on legal process."
Posted at 03:07 PM by Howard Bashman



"Kansas funeral picketing law struck down": The Kansas City Star provides a news update that begins, "The Kansas Supreme Court today declared the state's funeral picketing ban invalid, citing legislative legal maneuvering as the reason. The decision nullifies the law passed by the Legislature last year -- and not yet implemented -- designed to rein in a Topeka church that protests the funerals of fallen soldiers and others across the country."

You can access today's ruling of the Supreme Court of Kansas at this link.
Posted at 12:15 PM by Howard Bashman



"The question presented to the en banc court is whether an officer who was denied consent to search a shared residence by one co-tenant may rely upon consent given by a different co-tenant as grounds for a warrantless search of the shared residence." Today, by a vote of 8-3, the en banc U.S. Court of Appeals for the Eighth Circuit answers that question in the affirmative. You can access today's ruling at this link.

Back in August 2006, a three-judge Eighth Circuit panel divided 2-1 in holding that the consent received from the second co-tenant did not override the first co-tenant's refusal of consent. Here's the text of my post from August 25, 2006:

"May we see your photos please?" Fans of the Late Show with David Letterman are likely familiar with that recurring feature. Today, in an opinion you can access here, the U.S. Court of Appeals for the Eighth Circuit addresses whether the U.S. Supreme Court's ruling earlier this year in Georgia v. Randolph applies to a search of a home computer's files for child pornography.

In the case decided today, the majority holds that where a husband is arrested at work and denies consent to search his home computer, the wife who's at home with the computer lacks the ability to override the husband's refusal by consenting to the search. The dissenting opinion argues that the Randolph case ought not be applied under the circumstances and that the effect of today's ruling will discourage law enforcement officers "in seeking consent, to bypass the suspect lest the suspect refuse consent, and instead seek only the consent of an authorized co-occupant."

You can access the original three-judge panel's ruling at this link.
Posted at 11:22 AM by Howard Bashman


In today's mail: The book "Patent Failure: How Judges, Bureaucrats, and Lawyers Put Innovators at Risk," by James Bessen and Michael J. Meurer.
Posted at 11:15 AM by Howard Bashman


Happy birthday to Justice Antonin Scalia: According to the popular "Today in History" feature from The Associated Press, today Justice Scalia turns 72 years old.
Posted at 10:38 AM by Howard Bashman


"House Steers Its Own Path on Wiretaps": Today's edition of The New York Times contains an article that begins, "In continued defiance of the White House, House Democratic leaders are readying a proposal that would reject giving legal protection to the phone companies that helped in the National Security Agency's program of wiretapping without warrants after the Sept. 11 attacks, Congressional officials said Monday."

And The Wall Street Journal provides a news update headlined "House Democrats Defy White House On Spy Program."
Posted at 08:58 AM by Howard Bashman



"Loyalty oaths fail the test of democracy; Such requirements are an anachronism from the McCarthy era": Law Professor Geoffrey R. Stone has this op-ed today in The Los Angeles Times.
Posted at 08:55 AM by Howard Bashman


"Bush's tortured veto: Congress should enhance the truth by overriding President Bush's shameful veto of a ban on torture." The Los Angeles Times contains this editorial today.
Posted at 08:54 AM by Howard Bashman


"House sues administration for documents, testimony; The suit, seeking information on dismissals of U.S. attorneys, apparently is unprecedented": This article appears today in The Los Angeles Times.

And today in The New York Times, Neil A. Lewis reports that "Panel Asks Judge to Rule in Contempt Case."
Posted at 08:50 AM by Howard Bashman



"Anthrax case judge orders ex-reporter to reveal sources or pay fines; Levies would escalate fast, and no one would be permitted to help her pay them": David G. Savage has this article today in The Los Angeles Times.

And USA Today reports today that "News media push for stay of fines in anthrax case."
Posted at 08:45 AM by Howard Bashman



"The President's Lawyers: Those who interpret the law for the administration should be more accountable for their decisions." The Washington Post today contains an editorial that begins, "Since its creation in the early 20th century, the Justice Department's Office of Legal Counsel has been considered the legal conscience of the executive branch, rendering judgments to presidents and executive agencies about what the law allows."
Posted at 08:44 AM by Howard Bashman


Available online from law.com: Tony Mauro reports that "In Series of Videos, Supreme Court Justices Make Their Case; Justices' candid observations and pet peeves spill forth in legal writing guru Bryan Garner's video interviews." You can view the videos via this link. My related post from yesterday can be accessed here.

And in other news, "New Rules to Combat Judicial Misconduct; Rules would require chief judges to explain reason for dismissing complaints."
Posted at 08:37 AM by Howard Bashman



"Despite Remand, Ford Motor's Loss Stands at $82.6 Million; Ruling upheld even after U.S. Supreme Court disallowed punitives for harm to third parties in 'Philip Morris'": law.com provides this report.

And The Associated Press reports that "Court Reiterates $82.6M Award for Woman."

You can access yesterday's ruling of the California Court of Appeal for the Fourth Appellate District, Division One, in Buell-Wilson v. Ford Motor Co. at this link.
Posted at 08:34 AM by Howard Bashman



"Around the Country, High Courts Follow California's Lead": Today's installment of Adam Liptak's "Sidebar" column begins, "The California Supreme Court is the most influential state court in the nation. That's not just talk. The numbers back it up." The numbers in question appear in this study.
Posted at 08:25 AM by Howard Bashman


"NSA's Domestic Spying Grows As Agency Sweeps Up Data; Terror Fight Blurs Line Over Domain; Tracking Email": This front page article appeared yesterday in The Wall Street Journal.
Posted at 08:17 AM by Howard Bashman


"The Oregon Supreme Court's Recent Decision on Punitive Damages: Why It Took the Wrong Approach." Anthony J. Sebok has this essay online today at FindLaw.
Posted at 07:57 AM by Howard Bashman


Monday, March 10, 2008

"Chief federal judge investigated for alleged involvement with prostitutes": This article appeared online Friday at the web site of Denver's NBC affiliate 9News.com.

And Saturday's edition of The Rocky Mountain News contained an article headlined "Report: Judge under scrutiny; Allegations raised involving escort service."
Posted at 11:25 PM by Howard Bashman



"House Panel Sues to Force Bush Aides to Table; Bolten and Miers Ignored Subpoenas In Prosecutor Probe": This article will appear Tuesday in The Washington Post.

And McClatchy Newspapers report that "House Democrats go to court to force Bush aides to testify."
Posted at 11:17 PM by Howard Bashman



"Why Is Prostitution Illegal? The oldest question about the oldest profession." Emily Bazelon has this jurisprudence essay online at Slate.
Posted at 10:54 PM by Howard Bashman


"When Scalia Argued Before - Not With - the Supreme Court": Tony Mauro has this post today at "The BLT: The Blog of Legal Times" about Bryan Garner's videotaped interviews, available online via this link, with eight of the nine current U.S. Supreme Court Justices about legal writing and advocacy.

In this post from January 18, 2007, I recommended viewing the videos of several of Garner's interviews with U.S. Court of Appeals judges.
Posted at 06:05 PM by Howard Bashman



"Reporter Tries to Block Daily Fines": Pete Yost of The Associated Press provides a report that begins, "A former USA Today reporter asked an appeals court Monday to block daily fines levied by a judge who wants her to disclose confidential sources for stories on a scientist under scrutiny in the 2001 anthrax attacks."

You can view the D.C. Circuit filing at this link (viaTony Mauro at "The BLT: The Blog of Legal Times").
Posted at 05:52 PM by Howard Bashman



"Threats Against Judges, Lawyers on the Rise; Marshals, Judges Try to Combat Increasing Number of Threats": ABCNews.com provides this report.
Posted at 05:35 PM by Howard Bashman


"Brian Nichols trial set for July 10; Judge will push hard, plans to work Saturday, he says": The Atlanta Journal-Constitution provides a news update that begins, "The new judge in the Brian Nichols courthouse shooting case on Monday set a trial date of July 10 as he seeks to get the much-delayed case moving."

And The Associated Press reports that "Judge Reschedules Court Shooting Trial."
Posted at 02:35 PM by Howard Bashman



"House Files Contempt Lawsuit": Pete Yost of The Associated Press provides a report that begins, "The House Judiciary Committee filed suit Monday to force former White House Counsel Harriet Miers and White House chief of staff Joshua Bolten to provide information about the firing of U.S. attorneys."

You can view the complaint initiating suit (which may reveal the current home address of former White House Counsel and U.S. Supreme Court nominee Harriet Miers) at this link, while a press release that the House Judiciary Committee issued today can be accessed here.
Posted at 12:22 PM by Howard Bashman



"Home-schoolers reel from California court blow; A ruling that parents in the state 'do not have a constitutional right' to home-school their children prompts anger, confusion; Schwarzenegger may ask legislature to intervene": This article appears today in The Christian Science Monitor.

You can access last month's ruling of the California Court of Appeal for the Second Appellate District at this link.
Posted at 10:22 AM by Howard Bashman



"26-Year Secret Kept Innocent Man In Prison; Lawyers Tell 60 Minutes They Were Legally Bound From Revealing Secret": This segment (transcript) appeared on yesterday evening's broadcast of the CBS News program "60 Minutes." And you can access the video of the segment by clicking here.
Posted at 08:55 AM by Howard Bashman


"Eminent domain measures on ballot": This article appears today in The San Francisco Chronicle.
Posted at 08:52 AM by Howard Bashman


"Gory image published of wounded detainee": Sunday in The Miami Herald, Carol Rosenberg had an article that begins, "A Toronto newspaper on Saturday published a graphic photo of long-held Guantanamo captive Omar Khadr, a Canadian youth captured during a 2002 firefight with U.S. forces in Afghanistan and severely wounded in his chest."

The photograph at issue appeared Saturday online at The Toronto Star, accompanying part one (caution, graphic photo) of an excerpt from reporter Michelle Shephard's forthcoming book, "Guantanamo's Child: The Untold Story of Omar Khadr." Part two of the book excerpt appeared online yesterday.
Posted at 08:50 AM by Howard Bashman



"After campus gets 'juicier,' Yale considers legal options; Citing anonymity of site, Gentry consults general counsel about banning JuicyCampus at Yale": This article appeared Friday in The Yale Daily News.
Posted at 08:24 AM by Howard Bashman


"Aversion to Death Penalty, but No Lack of Cases": Today's edition of The New York Times contains an article that begins, "They are an ignominious bunch: two Bronx heroin dealers who murdered an informant, a father and son who killed three people in a drug deal, a Brooklyn gangster hired in the killing of a husband for the victim's wife. These five men are linked not only by the nature of their crimes but by the fact that federal juries in New York decided that they should not be put to death. In the 20 years since the federal death penalty statute was revived, no federal juries have been more reluctant to sentence federal defendants to death than those in New York."
Posted at 08:20 AM by Howard Bashman


"Felon on the Bench: No one to judge." The Philadelphia Inquirer today contains an editorial that begins, "It's fine that reality TV's 'Judge Mathis' was a former gang member who did time behind bars. But in the real world, it's far from entertaining to have a convicted felon in black robes. For more than six years, Municipal Court Judge Deborah S. Griffin has been serving under just such a cloud. Despite a 1984 felony fraud conviction that she has repeatedly tried to hide, Griffin, 54, has managed to practice law, worked as an assistant Philadelphia district attorney, and twice been elected judge, despite poor marks from the legal community. Finally, after what appears to be inordinate tardiness, the Pennsylvania Supreme Court is considering whether Griffin should be bounced from the bench."
Posted at 08:17 AM by Howard Bashman


"Lawyer for ex-judge seeks change of venue": Two Sundays ago, The Pittsburgh Post-Gazette published an article that begins, "The attorney for the first state appellate judge to be charged with a crime in 14 years wants the federal trial moved from Erie to Pittsburgh because of pretrial publicity."

And late last month, The Erie Times-News published articles headlined "Joyce wants trial moved to Pittsburgh" and "Joyce seeks full statements; Retired judge says interviews could help his defense in fraud case."
Posted at 08:10 AM by Howard Bashman



"Reporter's lawyers seek to delay fines; Ex-USA TODAY writer told to pay out of own pocket": This article appears today in USA Today.

The newspaper also contains an editorial entitled "Judge forces reporter to pick between sources, bankruptcy; Ruling sends chilling message to journalists, whistle-blowers." And Law Professor Glenn Harlan Reynolds has an op-ed entitled "No 'freedom to keep secrets'; If anyone can be a journalist, anyone could defy a subpoena."
Posted at 08:00 AM by Howard Bashman



"Microsoft Antitrust Oversight Curtailed by Bush Administration": James Rowley of Bloomberg News provides this report.
Posted at 07:54 AM by Howard Bashman


"Who Killed the 'Living Constitution'?" Michael C. Dorf has this essay online at FindLaw.
Posted at 07:45 AM by Howard Bashman


Sunday, March 09, 2008

"Bush vetoes bill to ban waterboarding; He calls tough interrogation methods 'valuable tools' in fighting terrorists; Democrats likely do not have enough votes to override the president's rare veto": This article appears today in The Los Angeles Times.

And today in The San Francisco Chronicle, Bob Egelko reports that "McCain supports Bush veto of bill banning harsh interrogation tactics; Doesn't want CIA limited to methods used by military."
Posted at 11:25 PM by Howard Bashman



"Advocates Say Ruling Chills Reporters": The Associated Press provides a report that begins, "A judge is trying to bankrupt an ex-reporter with daily fines as much as $5,000 for refusing to disclose her sources for stories about the 2001 anthrax attacks, press advocates said Saturday. They also said the case involving Toni Locy shows why Congress should pass a federal shield law for reporters."
Posted at 11:07 PM by Howard Bashman


"Judicial Nominations Process Debated Again; GOP Senators Criticize Democrats For Stalling on Bush Bench Nominations": Lawrence Hurley will have this front page article Monday in The Daily Journal of California.
Posted at 10:50 PM by Howard Bashman


"Senators raise doubt over testimony of Nashville judicial nominee; CCA counsel quizzed in judicial confirmation": Friday's edition of The Tennessean contained an article that begins, "The accuracy of testimony by Gustavus 'Gus'' Puryear IV at his confirmation hearing to be a federal judge is being questioned by four Democratic members of the Senate Judiciary Committee. Puryear is general counsel of Nashville-based private prison giant Corrections Corporation of America and was nominated by Republican President Bush. After the February hearing, he provided written answers to additional questions about the company's handling of the death of an inmate at a company-run facility in Nashville, potential conflicts of interest he would face as a judge and his membership in the Belle Meade Country Club. The sometimes-pointed questions and Puryear's responses again raise the stakes in his confirmation. Once thought to be routine, Puryear's nomination is being fought by a coalition of civil rights, labor and other groups spearheaded by the Private Corrections Institute, which opposes prison privatization. Puryear's responses were released Thursday."

The article also provides links to PDF files consisting of the nominee's responses to the written questions from various Democratic members of the Senate Judiciary Committee.
Posted at 10:33 PM by Howard Bashman



"China's top court rejects 15 percent of death sentences": Reuters provides this report.

BBC News reports that "China court rejects death rulings; China's Supreme Court has rejected 15% of all death sentences handed down by lower courts in 2007."

And Agence France-Presse provides an article headlined "China's high court rejects 15 percent of death sentences in 2007: report."
Posted at 09:33 AM by Howard Bashman



"Higher power: Okemos church case heads to top U.S. court." This article appears today in The Lansing State Journal, along with an article headlined "Jackson church case also heading to top U.S. court."
Posted at 09:30 AM by Howard Bashman


"Italian court lets women lie about adultery": The Telegraph (UK) provides a report that begins, "In a victory for Italian adulterers, the country's Supreme Court has ruled that it is acceptable for wives to lie in order to cover up an affair."
Posted at 09:27 AM by Howard Bashman


"Justices decry outside campaign ads; Special interest groups' commercials dominate on TV": This article appears today in The Milwaukee Journal Sentinel.
Posted at 09:25 AM by Howard Bashman


Saturday, March 08, 2008

"Scalia advocates judicial restraint in Friday evening address; Presented with James Madison Award for Distinguished Public Service": The Daily Princetonian provides a news update that begins, "Supreme Court Associate Justice Antonin Scalia defended the Court's role in the 2000 presidential recount in Florida and expressed his views about the Court's role in a liberal democracy before an audience in a packed McCosh 50 on Friday night."

The Associated Press reports that "Scalia, in Princeton speech, defends 2000 election decision."

And News at Princeton today has a report headlined "Scalia: Courts' powers are limited."
Posted at 11:10 PM by Howard Bashman



"D.C. Gun Case Draws Crowd of High Court 'Friends'": Robert Barnes will have this article Sunday in The Washington Post.
Posted at 11:05 PM by Howard Bashman


"Bush Vetoes Bill that Bars Waterboarding": This audio segment (RealPlayer required) appeared on this evening's broadcast of NPR's "All Things Considered."
Posted at 10:58 PM by Howard Bashman


"Obama's Constitution: The rhetoric and the reality." In the March 17, 2008 issue of The Weekly Standard, Edward Whelan will have an essay that begins, "Justice John Paul Stevens turns 88 in April, and by January 2009 five other justices will be from 69 to 75 years old. If Barack Obama is elected president, he will probably--with the benefit of resignations by liberal justices eager for him to be the president who chooses their successors--have the opportunity to appoint two or three Supreme Court justices in his first term, with another two or three in a potential second term."
Posted at 03:42 PM by Howard Bashman


"Pacifist Cal State teacher gets job back": The San Francisco Chronicle today contains an article that begins, "A Cal State East Bay math teacher and practicing Quaker who was fired for refusing to sign a state-required loyalty oath got her job back this week, with an apology from the university and a clarification that the oath does not require employees to take up arms in violation of their religious beliefs."

And The Los Angeles Times reports today that "Instructor fired over loyalty oath reinstated; Cal State East Bay teacher refused to sign on religious grounds."
Posted at 03:38 PM by Howard Bashman



"Civil unions aren't marriage: The M-word does matter, and courts should make that clear." The Los Angeles Times contains this editorial today.
Posted at 03:35 PM by Howard Bashman


"Supreme Recusal: When high court justices step aside from cases, there is no easy remedy for the consequences." This editorial appears today in The Washington Post.

Relatedly, the current installment of my "On Appeal" column for law.com is headlined "Avoiding Recusal-Based Tie Votes at the U.S. Supreme Court."
Posted at 03:27 PM by Howard Bashman



"Bush Announces Veto of Waterboarding Ban": Dan Eggen of The Washington Post provides this news update. And in the print edition of today's newspaper, Eggen has an article headlined "Bush Poised to Veto Waterboarding Ban; Move Could Reverberate in Campaign."

Sunday's edition of The New York Times will report that "Bush Uses Veto on C.I.A. Tactics to Affirm Legacy." The Week in Review section, meanwhile, will contain an article headlined "The Unstudied Art of Interrogation."

And today's broadcast of NPR's "Weekend Edition Saturday" contained an audio segment entitled "Torture Debate at Heart of Bush FISA Veto" (RealPlayer required).
Posted at 03:22 PM by Howard Bashman



"Ex-FDA official blasts Eli Lilly in court; Expert witness for the state says profits came first": The Anchorage Daily News today contains an article that begins, "A retired medical officer with the federal Food and Drug Administration testified Friday that drug maker Eli Lilly distorted the science and downplayed the health risks of its schizophrenia drug Zyprexa to make more money. John Gueriguian, who worked 20 years for the FDA and is now a consultant, was on the stand in Anchorage Superior Court all day Friday as an expert witness for the state of Alaska."

And The New York Times reports today that "Lilly Waited Too Long to Warn About Schizophrenia Drug, Doctor Testifies."
Posted at 03:15 PM by Howard Bashman



"Anti-Musharraf Lawyers Demand Release of Judges": Sunday's edition of The New York Times will contain an article that begins, "Beside racks of hanging meat and barrows of oranges in the alleys of the old town here, Aitzaz Ahsan, leader of the lawyers movement in Pakistan, was back on the campaign trail on Saturday, calling for the release of top justices from house arrest."
Posted at 03:08 PM by Howard Bashman


"Some Asbestos Grace": The Wall Street Journal today contains an editorial that begins, "The asbestos lawsuit blob has grown so large that many companies have simply given up fighting it. Then there's W.R. Grace, which is on the verge of making legal history with a trial proceeding that could alter the federal asbestos bankruptcy landscape forever."
Posted at 03:04 PM by Howard Bashman


"Should We Pay Federal Circuit Judges More?" On January 4, 2008, Law Professor Scott Baker had a controversial op-ed in The Los Angeles Times headlined "A raise that's hard to justify: Federal judges exhibit no link between performance and pay."

The op-ed drew on Baker's then-forthcoming article in the February 2008 issue of the Boston University Law Review, headlined "Should We Pay Federal Circuit Judges More?" The final version of that law review article can now be accessed online at this link (via "Concurring Opinions").

I discussed Baker's op-ed in the January 23, 2008 installment of my "On Appeal" column for law.com, headlined "Performance Pay for Federal Appellate Judges?"
Posted at 02:57 PM by Howard Bashman



Available online from law.com: Pamela A. MacLean reports that "9th Circuit Settles Fee Fight Between Two Firms; Dispute stems from 900 Phoenix-area residents' lawsuit against Motorola for environmental pollution." You can access Thursday's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.

In other news, "'Human Dummy' Crash-Test Data Held Admissible in Accident Case." You can access Thursday's ruling of the Supreme Court of New Jersey at this link.

And an article headlined "House Prepares for Contempt Challenge" begins, "The House is planning to file a lawsuit early [next] week challenging the Bush administration's assertion of executive privilege to shield current and former White House officials from congressional subpoenas."
Posted at 02:47 PM by Howard Bashman



"Havana Dreams Deferred: Four Vermonters sue the U.S. government for the right to see their families in Cuba." This week's issue of Seven Days contains an article that begins, "Some might say it takes major cojones to file a lawsuit against the United States government on behalf of yourself and several million Cuban-Americans over an entrenched, half-century-old foreign policy -- especially if youíre neither Cuban-American nor a bona fide lawyer. But for Jared Carter, a second-year student at Vermont Law School in South Royalton, all it took was love."
Posted at 02:37 PM by Howard Bashman


Friday, March 07, 2008

"Anthrax Reporter Held in Contempt": Pete Yost of The Associated Press provides a report that begins, "A federal judge held a former USA Today reporter in contempt of court Friday and ordered her to pay up to $5,000 a day if she refuses to identify her sources for stories about a former Army scientist under scrutiny in the 2001 anthrax attacks."

You can access today's ruling of the U.S. District Court for the District of Columbia at this link.
Posted at 11:33 PM by Howard Bashman



"All Roads Lead to Rove: A fired U.S. attorney speaks out in a new book." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 10:55 PM by Howard Bashman


"Appeals Court Decision Protects Pfizer's Celebrex From Generic Firm Teva Pharmaceutical": The Associated Press provides this report.

And Reuters reports that "US court upholds patent case against Teva."

You can access today's ruling of the U.S. Court of Appeals for the Federal Circuit at this link.
Posted at 02:47 PM by Howard Bashman



"Request For Public Comment On Proposed Revisions To Code Of Conduct For United States Judges": The Administrative Office of the U.S. Courts has issued this news release today. You can view the proposed revisions in two formats: clean copy and mark-up of existing rules.
Posted at 10:40 AM by Howard Bashman


"When Should a Judge Face Discipline for What an Opinion Says?" The May 14, 2007 installment of my "On Appeal" column for law.com began, "Earlier this month, the Investigative Panel of the Florida Judicial Qualifications Commission issued formal disciplinary charges against an appellate judge serving on Florida's 1st District Court of Appeal based on statements contained in a concurring opinion the judge had issued in the course of deciding a case on appeal."

Just two days ago, Special Counsel for Florida's Judicial Qualifications Commission filed its trial memorandum in that judicial disciplinary proceeding, and you can access that trial memorandum at this link.

Attorneys for the judge who is the subject of the disciplinary proceeding filed their pretrial memorandum last week. It describes the proceeding as "the first time in Florida history that an appellate judge has been charged with misconduct based on his written and published opinion."
Posted at 08:32 AM by Howard Bashman



"A true story could cost newspaper $18-million; The high court mulls a 'false light' ruling": The St. Petersburg Times today contains an article that begins, "Florida's free press could be paralyzed if the courts affirm an $18-million judgment against the Pensacola News Journal for publishing a true story about a man who shot and killed his wife while a divorce was pending. That was the claim from Robert C. Bernius, a Washington lawyer arguing Thursday before the Florida Supreme Court for the newspaper in a case with important consequences for Florida journalism."

And The Tallahassee Democrat reports today that "'False light' cases get day in court; Justices weigh merit of lawsuits against media."

Yesterday, the Supreme Court of Florida heard oral argument in the cases captioned Jews for Jesus, Inc. v. Edith Rapp and Joe Anderson, Jr. v. Gannett Co., Inc.

In the Jews for Jesus case, you can access the briefs via this link. And you can view the oral argument online using either RealPlayer or Windows Media Player.

In the Anderson case, you can access the briefs via this link. And you can view the oral argument online using either RealPlayer or Windows Media Player.
Posted at 08:22 AM by Howard Bashman



"What Judges Look for in Law Clerks": Former U.S. District Judge Paul Cassell has this post at "The Volokh Conspiracy."
Posted at 08:00 AM by Howard Bashman


"Justice Scalia's Two-Front War: Despite lip service to 'judicial restraint' Scalia has been waging a war against consumer product regulation as well as protections for workers, at both the state and federal level." Simon Lazarus and Harper Jean Tobin have this essay online at The American Prospect.
Posted at 07:54 AM by Howard Bashman


"Lawsuit over book on sex blog on DeWine staffer can continue": The Associated Press provides a report that begins, "A former staffer of then-U.S. Sen. Mike DeWine of Ohio can continue his lawsuit against a publisher that released a 2005 book based on an online sex diary that included the staffer as fodder, a federal appeals court ruled Thursday."

My earlier coverage of yesterday's Eighth Circuit ruling appears at this link.
Posted at 07:45 AM by Howard Bashman



"Pa. Supreme Court Hears Arguments in Removal Action Against Judge; Arguments mark judge's second visit to state high court to face a challenge to her office": law.com provides a report that begins, "Philadelphia Municipal Court Judge Deborah S. Griffin's use of a false Social Security number to obtain credit card accounts doesn't rise to the level of an infamous crime that would disqualify her from holding office, her attorney argued Wednesday before the Pennsylvania Supreme Court."
Posted at 07:42 AM by Howard Bashman


"Pfizer, Exxon Find U.S. Justices as Shareholders May Cost Them": Greg Stohr of Bloomberg News provides this report.

"SCOTUSblog" has a post titled "How Often Does A Recusal Result In An Equally Divided Court?"

And this week's installment of my "On Appeal" column for law.com is headlined "Avoiding Recusal-Based Tie Votes at the U.S. Supreme Court."
Posted at 07:40 AM by Howard Bashman



Thursday, March 06, 2008

"Hello, Dahlia! Lithwick relishes Supreme Court jester role." This week's issue of The Hook of Charlottesville, Virginia contains this profile.
Posted at 10:55 PM by Howard Bashman


"A Key Case on Gun Control: In a landmark case, the Supreme Court considers just how far the Second Amendment's freedoms go." Emma Schwartz of U.S. News & World Report has this article.
Posted at 10:50 PM by Howard Bashman


"Candidate seeks info on justice; Answers wanted on Maynard's link to Massey CEO": The Charleston (W. Va.) Gazette today contains an article that begins, "Bob Bastress, running for one of two open seats on the state Supreme Court in May's Democratic primary, wants Chief Justice Elliott 'Spike' Maynard to reveal more information about his relationship with Don Blankenship, chief executive officer of Massey Energy. During a Wednesday press conference at the Capitol, Bastress called for an independent commission to investigate ties between Maynard and Blankenship, who were photographed together while on vacation along the French Riviera and Monaco in July 2006."

And The West Virginia Record provides a news update headlined "Supreme Court says it can't investigate Maynard-Blankenship friendship."
Posted at 10:45 PM by Howard Bashman



"Supreme Court of Canada will hear appeal of Quebec language law": The Canadian Press provides this report.
Posted at 10:40 PM by Howard Bashman


"Oregon Supreme Court rules punitive damages excessive": The Associated Press provides a report that begins, "In a victory for an insurance company accused of acting in bad faith, the Oregon Supreme Court ruled Thursday that a $20.7 million jury award for punitive damages in a fatal traffic accident in 1987 was excessive. The case also set a guideline for most lawsuits involving punitive damages by deciding that four times the actual damages should be the limit in Oregon."

You can access today's ruling of the Supreme Court of Oregon at this link.
Posted at 10:40 PM by Howard Bashman



Available online from law.com: An article reports that "Polo Association Trademark Survives Ralph Lauren Lawsuit." My earlier coverage of Tuesday's Second Circuit ruling appears at this link.

And in other news, "Judge's Widow May Not Pursue Benefits on Claim Husband Was Worked to Death; After 21 years, quest for benefits reaches dead end." My earlier coverage of last week's ruling of the Supreme Court of Connecticut appears at this link.
Posted at 10:24 PM by Howard Bashman



"26-Year Secret Kept Innocent Man In Prison; Lawyers Tell 60 Minutes They Were Legally Bound From Revealing Secret": The CBS News program "60 Minutes" provides this preview of a segment that will air on Sunday.
Posted at 10:15 PM by Howard Bashman


"Fired U.S. attorney says colleague told him politics was behind his ouster": Marisa Taylor of McClatchy Newspapers provides this report.
Posted at 10:11 PM by Howard Bashman


Merely using a name that belongs to someone other than yourself in the commission of bank fraud may not suffice to establish the federal criminal offense of aggravated identity theft: The U.S. Court of Appeals for the Fourth Circuit issued this ruling today.
Posted at 04:14 PM by Howard Bashman


"California Ruling Against Home-Schoolers Causes Stir": Mark Walsh has this post today at "The School Law Blog" of Education Week.
Posted at 02:17 PM by Howard Bashman


"Cameras In The Courtroom Bill Approved By Senate Panel": At his "Washington Briefs" blog, Lawrence Hurley of The Daily Journal of California has a post today that begins, "The Senate Judiciary Committee today passed out a bill that would allow TV coverage of all federal courts."
Posted at 02:15 PM by Howard Bashman


"DIA keeps Wi-Fi on the mild side": Yesterday's edition of The Denver Post contained an article that begins, "Want to browse Vanity Fair magazine on the Denver airport's free Wi-Fi system? Sorry. You'll have to buy it at the newsstand, because DIA's Internet filter blocks Vanity Fair as 'provocative.' You can't get to the popular gossip column perezhilton.com on DIA's Wi-Fi signal, either. Or the hipster-geek favorite boingboing.net. Or the Sports Illustrated swimsuit photos, even though the magazine's bare-breasted cover shot is on prominent display at airport stores, right next to Penthouse and Hustler." (Via "Obscure Store.")
Posted at 12:22 PM by Howard Bashman


"Key Figure in Wiretapping Suit Goes Public": This audio segment (RealPlayer required) appeared on today's broadcast of NPR's "Morning Edition."
Posted at 12:15 PM by Howard Bashman


The U.S. Court of Appeals for the Seventh Circuit now has a web page for those who like to access the internet using mobile devices: Why use your BlackBerry or similar devices to read blogs that summarize noteworthy Seventh Circuit rulings when you can now access those rulings directly over your mobile device?

The Seventh Circuit's new page for mobile access can be found at: http://www.ca7.uscourts.gov/mobile.htm.
Posted at 11:50 AM by Howard Bashman



U.S. Court of Appeals for the Eighth Circuit issues ruling in case captioned Robert Steinbuch v. Jessica Cutler: Blog law and personal jurisdiction aficionados once again have cause to rejoice. The three-judge panel's unanimous opinion issued today begins, "Robert Steinbuch brought this action against Jessica Cutler and several corporate entities for invasion of privacy and intentional infliction of emotional distress arising from the publication by Hyperion Books of Cutler's sexually explicit novel and the potential development of a future television series based on it."

The ruling reverses the dismissal of Steinbuch's claim against Hyperion Books and remands for additional discovery relating to the propriety of exercising personal jurisdiction over that defendant.
Posted at 11:30 AM by Howard Bashman



"Friends, Montco file Barnes' briefs; oral arguments next": Yesterday, The Main Line Times of Montgomery County, Pennsylvania posted online an article that begins, "Meeting a deadline Feb. 29, the Friends of the Barnes Foundation and Montgomery County each filed briefs asking Orphan's Court Judge Stanley Ott to set aside objections raised by the world-renowned art gallery and the Pennsylvania Attorney General's Office and reopen the case of its proposed move from Merion to Philadelphia. Oral arguments in the matter are scheduled to begin in Norristown March 24."
Posted at 09:23 AM by Howard Bashman


"Ex-senator's legal tactics spurned": Today's edition of The Washington Times contains an article that begins, "Retired Sen. Mark Dayton has been trying to shield himself from a lawsuit by a former congressional aide by using a legal defense so unusual that it has alienated his former colleagues and been scorned by the courts."
Posted at 09:08 AM by Howard Bashman


"Gun debate draws nation": The Washington Times today contains an article that begins, "The District's interim attorney general yesterday said the city's Supreme Court fight to maintain its 30-year-old ban on handguns has prompted hundreds of organizations and individuals to throw in their two cents."
Posted at 09:05 AM by Howard Bashman


"A new tack for gay rights; Lawmakers weigh granting couples limited benefits": This article appears today in The Baltimore Sun.

Today in The Washington Post, Metro columnist Marc Fisher has an essay entitled "Md. Senator at a Loss for Words Over Same-Sex Marriage Bill."

And The Los Angeles Times contains an article headlined "Same-sex union -- it's personal: As the high court considers the legality, couples who wed in the Bay Area savor the joy of the institution."
Posted at 09:04 AM by Howard Bashman



"Another alleged bin Laden driver charged": Today in The Miami Herald, Carol Rosenberg has an article that begins, "A Pentagon official on Wednesday formally approved charges against another Guantanamo captive who allegedly worked as a driver and bodyguard for Osama bin Laden -- this time a Sudanese man."

And today in The Los Angeles Times, Carol J. Williams reports that "Another Guantanamo prisoner charged with war crimes; An alleged former aide to Osama bin Laden is the 13th detainee at the U.S. military prison to be indicted."
Posted at 09:00 AM by Howard Bashman



"Abortion foes peddle ideology": This editorial appears today in The St. Petersburg Times.
Posted at 08:54 AM by Howard Bashman


"Swiss bank drops suit against Wikileaks site": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "A Swiss bank dropped its lawsuit Wednesday against the whistle-blowers Web site Wikileaks after stirring up a free-speech furor over a judge's order, now rescinded, to shut down the site for allowing the posting of private bank documents. Julius Baer & Co. filed a brief notice of dismissal in U.S. District Court in San Francisco, saying it reserves the right to pursue its case at a later date in the same court or elsewhere."

The organization Electronic Frontier Foundation has posted the dismissal notice at this link.
Posted at 08:47 AM by Howard Bashman



"Senators seek to cancel easing of cross-ownership; Tribune Co. and other companies with newspapers and broadcast stations in the same city are expected to fight legislation that seeks to invalidate a recent FCC ruling": Jim Puzzanghera has this article today in The Los Angeles Times.
Posted at 08:44 AM by Howard Bashman


"FBI Chief Confirms Misuse of Subpoenas; Security Letters Used to Get Personal Data": Dan Eggen has this article today in The Washington Post.

The Los Angeles Times reports today that "FBI says warrantless wiretapping lasted until 2006; Director Robert S. Mueller says reforms intended to curb the use of national security letters to gather data have started working."

And The New York Times reports that "F.B.I. Says Records Demands Are Curbed."
Posted at 08:40 AM by Howard Bashman



"Secure Lawsuits: A Senate bill would allow civil liberties challenges to secret government operations." This editorial appears today in The Washington Post.
Posted at 08:35 AM by Howard Bashman


"Death penalty costs Md. more than life term": Today's edition of The Baltimore Sun contains an article that begins, "The death penalty has cost Maryland taxpayers at least $186 million more in prosecuting and defending capital murder cases over two decades than would have been spent without the threat of execution, according to a study to be released today."

And The Richmond Times-Dispatch reports today that "Governor vetoes gun measures; Bills aimed to increase types of crimes eligible for the death penalty."
Posted at 08:33 AM by Howard Bashman



"For High School Students, Some Justice; Supreme Court's Roberts Pays a Visit to Walt Whitman": Robert Barnes has this article today in The Washington Post. The newspaper reprints some of the questions and answers in this sidebar.
Posted at 08:27 AM by Howard Bashman


"AutoAdmit defendant sues Yalies; Former director of legal chatroom seeks damages from Law School students for libel, abuse of process": The Yale Daily News contains this article today.
Posted at 08:20 AM by Howard Bashman


"Ector County trustees settle Bible lawsuit; Committee will be formed to create new curriculum": This article appears today in The Midland (Tex.) Reporter-Telegram.

The New York Times reports today that "District to Settle Bible Suit."

And yesterday, the ACLU issued a news release headlined "Texas School Board Agrees To Stop Teaching Unconstitutional Bible Class In Public Schools."
Posted at 08:15 AM by Howard Bashman



"In Trial, Alaska Says Lilly Concealed Risks of a Schizophrenia Drug": The New York Times contains this article today.

The Associated Press provides a report headlined "State: No Alerts on Zyprexa Side Effects."

Meanwhile, in local coverage, The Anchorage Daily News reports today that "State claims drug maker hid data; Zyprexa risks weren't disclosed by Eli Lilly, lawyer says." And yesterday's newspaper contained an article headlined "Millions of dollars at stake in Zyprexa trial; State is suing Eli Lilly for not publicizing risks of mental health drug."
Posted at 08:04 AM by Howard Bashman



"Gay Marriage Gains Notice in State Court": This article appears today in The New York Times.

And The New York Sun reports today that "Same-Sex Couples Could Gain Domestic Violence Protections."
Posted at 07:57 AM by Howard Bashman



"More judges, prosecutors at risk; 69% increase in threats since 2003": Today's edition of USA Today contains an article that begins, "Threats against federal judges and prosecutors are on pace to rise for the fifth consecutive year, according to statistics from the U.S. Marshals Service."
Posted at 07:38 AM by Howard Bashman


Wednesday, March 05, 2008

"Former trooper fired for KKK ties to argue for job back": The Omaha World-Herald today contains an article that begins, "Nebraska's public policy against racism should bar reinstating a state trooper who joined a group affiliated with the Ku Klux Klan, a state attorney told the Nebraska Supreme Court on Tuesday. Private citizens are free to think what they want and free to join racist groups, Assistant Attorney General Thomas Stine told the court. But the state has the right to set terms of employment for state troopers."

And The Associated Press provides this report on yesterday's oral argument.

Yesterday, the Office of the Attorney General of Nebraska issued a news release headlined "Attorney General's Office Presents Oral Arguments in Former Trooper Tied to KKK Case."
Posted at 09:22 PM by Howard Bashman



"District of Columbia Makes Last Pitch Before Supreme Court Appearance in Gun Ban Case": The Associated Press provides this report.
Posted at 09:18 PM by Howard Bashman


"State court to revisit definition of school threat; Student convicted in 2005 claims his actions were not terrorism; prosecutor says planning attack also counts": The Detroit News today contains an article that begins, "The Michigan Supreme Court today is expected to review whether Andrew Osantowski committed an act of terrorism when he threatened a Columbine-style massacre at his high school."

And The Associated Press reports that "Michigan Supreme Court weighs if terrorism includes threats."
Posted at 09:14 PM by Howard Bashman



"Scalia brings wit, originalist views to Missouri": This article appears today in The Columbia (Mo.) Daily Tribune.

The Kansas City Star reports today that "Scalia criticizes 'living Constitution.'"

And The Muleskinner of The University of Central Missouri reports that "Justice Scalia says Constitution isn't a 'living' document; must be interpreted as framers intended."
Posted at 09:12 PM by Howard Bashman



"Big Business's Big Term: Victories for the Chamber of Commerce at the Supreme Court." Doug Kendall has this jurisprudence essay online at Slate.
Posted at 08:05 PM by Howard Bashman


The Associated Press is reporting: An article headlined "Court Skeptical of Passenger Rights Law" begins, "A federal appeals panel seemed impatient Wednesday with arguments supporting the first law in the nation requiring airlines to provide food, water, clean toilets and fresh air to passengers trapped in a plane delayed on the ground." The case was argued today before the U.S. Court of Appeals for the Second Circuit.

And in other news, "Judge Wants to Resolve Indian Lands Case."
Posted at 06:00 PM by Howard Bashman



"The Failure of Bowles v. Russell": Law Professor Scott Dodson has posted this article (abstract with links for download) at SSRN (via "Legal Theory Blog").
Posted at 02:14 PM by Howard Bashman


"GOP planning for new battle on nominees": The Hill today contains an article that begins, "Senate Republicans plan to take a more confrontational approach with Democrats on judicial nominees, hoping parliamentary tactics and the bully pulpit of their presidential nominee will break a logjam over the politically volatile issue."

And Politico.com has an article headlined "Nominations staredown in the Senate."
Posted at 02:11 PM by Howard Bashman



The District of Columbia has today filed its reply brief in the Second Amendment case now pending before the U.S. Supreme Court: Via "SCOTUSblog," you can access the reply brief at this link.
Posted at 02:02 PM by Howard Bashman


"In Case That Could Well Be Taken Up by the Supreme Court, Sixth Circuit Rejects Rule Limiting Basis for Payments to Initiative Circulators": Law Professor Rick Hasen has this post at his newly redesigned "Election Law" blog.

My earlier coverage of today's Sixth Circuit ruling appears at this link.
Posted at 12:28 PM by Howard Bashman



Thirteen million page views: According to this blog's Site Meter hit counter, within the past hour "How Appealing" exceeded the thirteen million page view mark. Just last month, on February 19, 2008, the number of visitors to "How Appealing" passed the seven million mark. Thanks for visiting!
Posted at 11:58 AM by Howard Bashman


"California Justices Set to Weigh Gay Marriage": This audio segment (RealPlayer required) appeared on today's broadcast of NPR's "Morning Edition."

Earlier today, I collected here much additional coverage of yesterday's oral argument.
Posted at 11:48 AM by Howard Bashman



"Of all the conversations I've had with Justice O'Connor over the years, one of the most interesting and provocative was a personal one." So begins a new post that ABC News correspondent Jan Crawford Greenburg has today at her "Legalities" blog.
Posted at 11:30 AM by Howard Bashman


Unanimous three-judge Sixth Circuit panel affirms federal district court's invalidation, under the First Amendment, of an Ohio law that makes it a felony to pay anyone for gathering signatures on election-related petitions on any basis other than time worked: Circuit Judge David W. McKeague's opinion begins, "As with the law in general, the First Amendment is a jealous mistress. It enables the people to exchange ideas (popular and unpopular alike), to assemble with the hope of changing minds, and to alter or preserve how we govern ourselves. But in return, it demands that sometimes seemingly reasonable measures enacted by our governments give way."
Posted at 11:20 AM by Howard Bashman


"Court Looks At Internet Limits": The Hartford Courant today contains an article that begins, "The dispute over a Burlington, Conn., teenager's Internet journal gave rise on Tuesday to a wide-ranging and contentious federal court hearing about free speech, whether schools can regulate students' language off campus and how the Internet blurs the boundaries of a school campus. Avery Doninger, the 17-year-old high school senior at the center of the case, sat in the front row as a three-judge panel of the U.S. 2nd Circuit Court of Appeals lobbed questions at the attorneys. Lawyers for both sides described the hearing as uncharacteristically lengthy and suggested that the duration underscored the case's position in new legal territory."

And The Associated Press reports that "Appeals Court Weighs Teen's Web Speech."

The ruling under review, which U.S District Judge Mark R. Kravitz of the District of Connecticut issued on August 31, 2007, can be viewed at this link. This blog's earlier coverage of that ruling can be accessed here.
Posted at 11:11 AM by Howard Bashman



"Calif. Supreme Court Excuses Managers From Retaliation Suits; Ruling brings unusually sharp dissents, with one justice accusing majority of engaging in 'analytical contortions'": law.com provides this report on Monday's 4-3 ruling of the Supreme Court of California.
Posted at 09:34 AM by Howard Bashman


"Same-sex marriage has skeptics on California Supreme Court; The justices pose varying questions during arguments over the constitutionality of the state's ban on same-sex marriage; They have 90 days to reach a decision": Maura Dolan has this article today in The Los Angeles Times.

Today in The New York Times, Adam Liptak reports that "Definition of Marriage Is at Heart of California Case."

Bob Egelko of The San Francisco Chronicle reports that "Court appears split on same-sex marriage."

Howard Mintz of The San Jose Mercury News reports that "State supreme court in gay marriage storm; State's top jurists begin weighing biggest civil rights case in decades."

Josh Richman of The Oakland Tribune reports that "Same-sex marriage gets tough hearing; Ruling by state's highest court could set tone for nation."

Greg Moran of The San Diego Union-Tribune reports that "Court hears arguments on same-sex marriage; 'Very divided opinion' expected by one expert."

The Sacramento Bee reports that "Gays' right to wed argued; State justices discuss legality of ban, how to define marriage."

And at "The Volokh Conspiracy," Dale Carpenter has a post titled "Observations on oral argument in the California marriage case."

The California Channel has posted online at this link (Windows Media Player required) the video of yesterday's oral argument. And the Supreme Court of California has made available at this link (Windows Media Player required) the audio recording of yesterday's oral argument.
Posted at 09:30 AM by Howard Bashman



"Supreme Court to Release Same-Day Tapes": Today in The Washington Post, Robert Barnes has an article that begins, "The Supreme Court announced yesterday that it will take the special step of releasing audiotapes of oral arguments on the same day that it hears a case challenging the District's gun law."
Posted at 08:40 AM by Howard Bashman


"Judges Grant Release Of 3 City Crack Offenders": The New York Sun today contains an article that begins, "On the heels of a federal decision to retroactively reduce prison sentences for crack cocaine offenders, judges in the city have granted motions to release defendants from federal prisons, defense lawyers and court officials said."

And The Washington Post reports today that "Government Starts Cutting Sentences Of Crack Inmates; Bureau of Prisons Processes 400 Orders."
Posted at 08:30 AM by Howard Bashman



"Judge asked to drop one Nichols attorney; Public defender leader says state-funded budget is tapped out; staff can help 3 left": Today's edition of The Atlanta Journal-Constitution contains an article that begins, "Fulton County Courthouse rampage suspect Brian Nichols may lose one of his state-funded attorneys if Georgia officials get their way at a hearing Thursday."
Posted at 08:25 AM by Howard Bashman


"Personality Check: Malingerer Test Roils Personal-Injury Law; 'Fake Bad Scale' Bars Real Victims, Its Critics Contend." This front page article appears today in The Wall Street Journal.
Posted at 08:12 AM by Howard Bashman


"Philadelphia judge threatened with disbarment for 1984 crime": According to an article published today in The Philadelphia Inquirer, "Today, the Pennsylvania Supreme Court will hear arguments in Pittsburgh that [the judge] should be removed for failing to report to the state bar association that she is a convicted felon."
Posted at 08:11 AM by Howard Bashman


"FBI: Don't make us pay John Connolly's debt; Fights to get out of $3.1 judgement." This article, about a case argued Monday before the U.S. Court of Appeals for the First Circuit, appeared yesterday in The Boston Herald.
Posted at 08:03 AM by Howard Bashman


"BC Law School will not bestow honor on Mukasey": The Boston Globe today contains an article that begins, "Boston College Law School will not award its highest honor to US Attorney General Michael B. Mukasey when he speaks at its May commencement, amid sharp criticism from students, faculty, and alumni over his invitation."

The newspaper also contains an editorial entitled "Mukasey's rough justice."
Posted at 07:58 AM by Howard Bashman



"Cartel case papers can be shown, court says": The San Diego Union-Tribune today contains an article that begins, "The public has the right to see documents and transcripts relating to the secret guilty plea of a Tijuana drug kingpin, despite what prosecutors say, a federal appeals court ruled yesterday."

My earlier coverage of yesterday's Ninth Circuit ruling appears at this link.
Posted at 07:50 AM by Howard Bashman



"Wikileaks Is Spared a Shutdown As a Federal Judge Reverses Course: How Broadly Will the First Amendment Protect A Website Inviting Leaks of Confidential Documents?" Julie Hilden has this essay online today at FindLaw.
Posted at 07:42 AM by Howard Bashman


Tuesday, March 04, 2008

"Grand jury won't indict Planned Parenthood": Today's edition of The Kansas City Star contains an article that begins, "A Johnson County grand jury wrapped up its three-month investigation of Planned Parenthood's Overland Park clinic Monday without issuing any indictments."
Posted at 05:54 PM by Howard Bashman


"State Supreme Court appears split in gay marriage hearing; The justices pose varying questions during arguments over the constitutionality of California's ban on same-sex marriage; They have 90 days to reach a decision": Maura Dolan of The Los Angeles Times provides this news update.

The San Francisco Chronicle provides a news update headlined "State Supreme Court grills lawyers in same-sex marriage case."

And The Associated Press reports that "Gay Marriage Returns to Calif. Court."
Posted at 05:38 PM by Howard Bashman



"Justices to Release Audio in Guns Case": The Associated Press provides this report.

And at "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "Listening in on the D.C. Gun Case."
Posted at 05:20 PM by Howard Bashman



The U.S. Court of Appeals for the Tenth Circuit has begun to post online its judicial misconduct decisions: The announcement appeared yesterday at that court's web site, and the decisions now available online via this link date back to the beginning of 2008.

On a related note, one week from today, the Judicial Conference of the United States will consider draft Rules for Judicial-Conduct and Judicial-Disability Proceedings. You can view the latest version of the draft at this link. A reporter for a large mainstream media outlet contacted me yesterday to ask for my thoughts regarding "the abrupt changing of draft reforms of federal judicial discipline rules last Monday," but unfortunately that's the first I had heard about the subject.

Finally for now, the web site of the Administrative Office of the U.S. Courts has recently posted online two new opinions of the Judicial Conference Committee on Judicial Conduct and Disability. You can access them both by clicking here (they appear back-to-back in the same PDF file). The second of the two opinions involves U.S. District Judge Manuel L. Real, while the first may or may not involve to him.
Posted at 05:14 PM by Howard Bashman



What precautions may police validly take to avoid a feared mass murder-suicide by someone thought to be in possession of a vast number of guns and lots of ammunition? The U.S. Court of Appeals for the Fourth Circuit today addresses that question in an opinion that Circuit Judge J. Harvie Wilkinson III wrote on behalf of a unanimous three-judge panel.
Posted at 03:58 PM by Howard Bashman


"Ex-justice takes Duane Morris law job": The Pittsburgh Post-Gazette today contains an article that begins, "Cynthia Baldwin, former justice on the Pennsylvania Supreme Court, has joined the Pittsburgh office of law firm Duane Morris, where she will be a partner in the trial practice group and work in appellate litigation."
Posted at 03:12 PM by Howard Bashman


"Specter presses Leahy on judges": Alexander Bolton has this article in today's issue of The Hill.

And at "The Swamp" blog of The Chicago Tribune, James Oliphant has a post titled "Political rhetoric over federal judges heats up."

Senator Specter's letter to Senator Leahy can be viewed at this link, while the text of Senator Leahy's comments in response can be accessed here.
Posted at 02:54 PM by Howard Bashman



To what extent does the First Amendment allow the public and the media to access the transcript of a plea colloquy, a plea agreement's "cooperation addendum," and the documents supporting a motion to seal the plea proceedings: The U.S. Court of Appeals for the Ninth Circuit today issued this ruling on the federal government's appeal from a federal district court's ruling unsealing these documents. Today's ruling, written by Chief Judge Alex Kozinski on behalf of a unanimous three-judge panel, affirms in part and vacates in part the federal district court's ruling.

Footnote five to today's ruling explains that the ruling contains a "sealed addendum [that] will be made available [only] to the government, to the district court, to our colleagues on this court and to the Supreme Court, should it choose to review our opinion."
Posted at 02:20 PM by Howard Bashman



Second Circuit affirms jury verdict rejecting three trademark infringement claims that Polo Ralph Lauren asserted against the United States Polo Association: You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 12:24 PM by Howard Bashman


Today's oral argument before the Supreme Court of California in the same-sex marriage cases is now underway: Via The California Channel, you can view the oral argument live, online by clicking here (Windows Media Player required).
Posted at 12:12 PM by Howard Bashman


Sixth Circuit addresses whether a provision of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 eliminates a deficiency claim when, in a Chapter 13 plan, the debtors propose to surrender a car purchased within 910 days before filing for bankruptcy: Today, the members of a three-judge Sixth Circuit panel issued a ruling that announces three separate views on how this question should be resolved.

The lead opinion, which uses the judicial "we" although speaking for only its author, begins:

This consumer bankruptcy, Chapter 13 case arises because the debtor bought a car under a typical financing arrangement in which the lender retained a lien or mortgage on the car as security for payment of the outstanding loan that enabled the debtor to buy the car. The debtor proposed to surrender the car to the finance company as part of the Chapter 13 plan. The value of the car was less than the outstanding debt. Due to a glitch or gap in a recent revision of the Bankruptcy Code intended to benefit creditors, the law is now silent on what happens to the remaining indebtedness in the surrender-of-the-car situation. The bankruptcy court below held that the congressional mistake in drafting the revision means that the remaining indebtedness is completely wiped out. We believe the gap should be filled and the Congressional mistake corrected. The law previously governing this situation should be restored until Congress can correct its mistake and fill in the gap.
Previously, the Seventh Circuit (opinion here) and the Eighth Circuit (opinion here; my coverage here) have weighed in on this interesting question of statutory construction.
Posted at 12:10 PM by Howard Bashman


"Suits vs. Pfizer in Michigan can go on": Greg Stohr of Bloomberg News provides a report that begins, "The U.S. Supreme Court deadlocked Monday in a fight about patient lawsuits over federally approved drugs and devices, issuing a 4-4 decision that lets Michigan patients sue Pfizer Inc. over its now-withdrawn Rezulin diabetes treatment."

And this week's installment of my "On Appeal" column for law.com is headlined "Avoiding Recusal-Based Tie Votes at the U.S. Supreme Court."
Posted at 09:15 AM by Howard Bashman



"California high court to hear arguments on gay marriage ban": The Sacramento Bee today contains an article that begins, "The California Supreme Court today begins probing a pivotal civil rights question, one that has sparked controversy in courthouses across the country: Should gay couples be allowed to marry?"

Adam Tanner of Reuters reports that "California's top court ponders gay marriage."

And today's edition of The San Francisco Chronicle contains an article headlined "Same-sex couples see stories mix with history."

The California Channel will supposedly be broadcasting the oral argument live online, beginning at noon eastern time today. You can access via this link the briefs filed in the case.
Posted at 09:05 AM by Howard Bashman



"Mukasey's Paradox: When you think about it, his manipulations are a beautiful, twisted thing." Law Professor Jonathan Turley has this op-ed today in The Los Angeles Times.
Posted at 09:00 AM by Howard Bashman


"U.S. Bows Out of Court Fight Over PLO Funds": Today in The New York Sun, Josh Gerstein has an article that begins, "The Justice Department has decided not to intervene, at least for now, to prevent the wife of a terrorism victim from pursuing a $174 million legal judgment against the Palestinian Authority and the Palestine Liberation Organization."
Posted at 08:57 AM by Howard Bashman


"Wiretap Compromise in Works; FISA Update May Hinge On Two Separate Votes": This article appears today in The Washington Post.
Posted at 08:54 AM by Howard Bashman


"Supreme Court defers action on TV 'expletives' case": David G. Savage has this article today in The Los Angeles Times.
Posted at 08:52 AM by Howard Bashman


$54 million pants suit leads to proposed legislation in Maryland: The Washington Post reports today that "Md. Bill Offers Recourse to Customers of Dry Cleaners; $54 Million Suit Inspires Proposal."
Posted at 08:50 AM by Howard Bashman


"To Magna Excitement, Magna Carta Returns; After Seven Centuries, the Words of Liberty Still Look Good": This article appears today in The Washington Post.
Posted at 08:44 AM by Howard Bashman


"'Friends Of The Barnes' Fire Back": Yesterday in The Philadelphia Bulletin, Jim McCaffrey had an article that begins, "Attorney Eric Spade, newly hired to represent the Friends of the Barnes, threw a flurry of punches in his opening round in the fight to keep the Barnes Foundation in Lower Merion."
Posted at 08:40 AM by Howard Bashman


"Senate confirms Chicago judge for Justice post; Senate OKs choice amid torture issues": Today in The Chicago Tribune, James Oliphant has an article that begins, "Chicago federal Judge Mark Filip was unanimously approved by the Senate on Monday as the Justice Department's second-ranking official, marking the end of a small-scale odyssey that saw Filip's nomination tumble into limbo because of continuing tension between Congress and Atty. Gen. Michael Mukasey."

And today in The Washington Post, Dan Eggen reports that "Senate Confirms New No. 2 for Justice Dept."
Posted at 08:35 AM by Howard Bashman



"Preparation for Soon-to-Be Judicial Clerks": At "The Volokh Conspiracy," Eugene Volokh has this post asking readers to opine on the best ways to prepare for a judicial clerkship.
Posted at 08:32 AM by Howard Bashman


"Bill Clinton admits 'regret' on crack cocaine sentencing": Columnist DeWayne Wickham has this op-ed today in USA Today.

And in somewhat related news, The St. Petersburg Times reports today that "Prisoners released on term reductions; The move is enacted to fix disparities in cocaine sentences."
Posted at 08:28 AM by Howard Bashman



"Sanity and the Second Amendment: Individuals have a right to bear arms -- but not any arms, anywhere." Law Professor Laurence H. Tribe has this op-ed today in The Wall Street Journal.
Posted at 08:15 AM by Howard Bashman


"Court may opt to pay fees from Bible suit; Long case over removing book from monument cost $400,000": This article appears today in The Houston Chronicle.
Posted at 08:07 AM by Howard Bashman


"Al-Arian Gets Federal Subpoena": The Tampa Tribune today contains an article that begins, "Less than three months after Sami Al-Arian was released from a federal contempt citation for refusing to testify before a federal grand jury, the Justice Department has informed him he will be called to testify before another grand jury, according to his supporters."

And The New York Sun reports that "Justice Department Taking Steps To Charge Sami Al-Arian."

Law Professor Jonathan Turley, one of Al-Arian's attorneys, yesterday had a blog post titled "The Justice Department Calls Dr. Sami Al-Arian Before Third Grand Jury."
Posted at 08:02 AM by Howard Bashman



"Judges Revolt Over Death Penalty; In Brooklyn, U.S. Jurists Are Balking": Today in The New York Sun, Joseph Goldstein has an article that begins, "A revolt over capital punishment is brewing among Brooklyn's federal judges, who are appealing to Attorney General Mukasey to stem the rising number of death penalty trials over which they must preside."
Posted at 07:57 AM by Howard Bashman


In the March/April 2008 issue of Mother Jones magazine: The publication contains articles headlined "I Was Kidnapped by the CIA: Inside the CIA's extraordinary rendition program ≠and the bungled abduction of would-be terrorists"; "Am I a Torturer? Ben Allbright watches The Daily Show, worships Dave Eggers--and still wound up 'softening up' prisoners in Iraq"; and "The Final Act of Abu Ghraib: A front-row seat at the military scandal's farcical last trial."
Posted at 07:52 AM by Howard Bashman


"Judge faces new charge; Misconduct case postponed as Allen accused of making false statements": The Pensacola News Journal today contains an article that begins, "Judge Michael Allen faces new charges of making false statements in the judicial misconduct case against him that continues to reveal a poisoned atmosphere at the 1st District Court of Appeal. Broward County Judge Paul Backman, chairman of the Judicial Qualifications Commission hearing panel, put off Allen's hearing, originally scheduled for March 10, in light of the new charges."

You can view the Amended Notice of Formal Charges, filed yesterday, at this link. And you can view all of the other filings in the judicial disciplinary proceeding via this link.

My most recent earlier coverage of this matter appeared last month in this lengthy post.
Posted at 07:45 AM by Howard Bashman



"The Supreme Court Takes a Broad Approach in Interpreting the Age Discrimination in Employment Act: A Surprising Opinion from a Formalistic Court." Joanna Grossman has this essay online today at FindLaw.
Posted at 07:34 AM by Howard Bashman


Monday, March 03, 2008

"Court Allows Suit Against Drug Maker": Linda Greenhouse will have this article Tuesday in The New York Times.
Posted at 11:25 PM by Howard Bashman


"A Wave of the Watch List, and Speech Disappears": Tuesday's edition of The New York Times will contain this new installment of Adam Liptak's "Sidebar" column.
Posted at 11:22 PM by Howard Bashman


Available online from law.com: Tony Mauro has an article headlined "At Issue in 'Exxon' Case: How Decisive Is Stare Decisis? Justice Breyer's opinion in the 'Sand' case may play a big role in how the Court decides the suit against the oil giant."

An article reports that "Feds Ordered to Try Again on Bonds Perjury Indictment."

And this week's installment of my "On Appeal" column is headlined "Avoiding Recusal-Based Tie Votes at the U.S. Supreme Court."
Posted at 11:17 PM by Howard Bashman



"Supreme Court defers action on TV 'expletives' case": David G. Savage of The Los Angeles Times has this news update.
Posted at 08:14 PM by Howard Bashman


"Congress Negotiates FISA Renewal": This audio segment (RealPlayer required) appeared on today's broadcast of NPR's "Talk of the Nation."
Posted at 05:05 PM by Howard Bashman


Reuters is reporting: Now available online are articles headlined "Pfizer Rezulin Case to Proceed; U.S. Court Deadlocks" and "Justices reject appeal by Adelphia founder, son."
Posted at 03:52 PM by Howard Bashman


Following an answer from New York State's highest court regarding personal jurisdiction in this "libel tourism" challenge, the Second Circuit affirms the dismissal of the lawsuit captioned Ehrenfeld v. Mahfouz: You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link.

My detailed coverage of the Second Circuit's initial ruling in this appeal, which among other things certified a question to New York State's highest court, can be accessed here.

In December 2007, the Court of Appeals of New York -- that State's highest court -- issued its ruling in response to the certified question. My coverage of that ruling appears in posts you can access here and here.
Posted at 11:57 AM by Howard Bashman



"Recusal Is Poison Pill for Drug Case": Tony Mauro has this post at "The BLT: The Blog of Legal Times."
Posted at 11:44 AM by Howard Bashman


The Associated Press is reporting: Now available online are articles headlined "Court Leaves Diabetes Drug Case Intact" and "Court Rejects Rigas Appeal."
Posted at 10:54 AM by Howard Bashman


"No new grants; ruling on tax evasion": Lyle Denniston has this post at "SCOTUSblog."

The U.S. Supreme Court today issued two decisions in argued cases.

In Warner-Lambert Co. v. Kent, No. 06-1498, a case argued on Monday of last week, the decision under review was affirmed by an equally divided Court. You can access the per curiam affirmance at this link and the oral argument transcript at this link. The folks at the "Drug and Device Law" blog were only off by one vote in their prediction posted yesterday.

The Court's other ruling in an argued case issued today in Boulware v. United States, No. 06-1509. You can access Justice David H. Souter's opinion for a unanimous Court at this link and the oral argument transcript at this link.

You can access today's Order List at this link. Although there were no cases granted review today, the Court did request the views of the Solicitor General's Office on two cases.
Posted at 10:12 AM by Howard Bashman



"The Legacy of Thurgood Marshall": You can access Saturday's broadcast of C-SPAN's "America and the Courts" by clicking here (RealPlayer required). C-SPAN has also posted online the entire panel discussion (RealPlayer required).
Posted at 08:34 AM by Howard Bashman


"State Supreme Court takes up same-sex marriage": Bob Egelko has this article today in The San Francisco Chronicle.

And today in The Los Angeles Times, Law Professor Nancy D. Polikoff has an op-ed entitled "Marriage isn't the half of it: Laws should grant the same rights to all of today's families."
Posted at 08:32 AM by Howard Bashman



"Forget that day in court: Thanks to tort reform, closed-door arbitration instead of courtroom hearings are becoming more common." Peggy Garrity has this op-ed today in The Los Angeles Times.
Posted at 08:25 AM by Howard Bashman


"Patients' ability to sue at risk; Justices could shield FDA-backed drugs from suits, as they did for devices; Critics say the agency is fallible": This article appears today in The Los Angeles Times.
Posted at 08:24 AM by Howard Bashman


"Time for a Shield Law: Reporters and their sources need protection." The Washington Post contains this editorial today.
Posted at 08:22 AM by Howard Bashman


"Deal Close on Wiretap Law, a Top Democrat Tells CNN": This article appears today in The New York Times.
Posted at 08:17 AM by Howard Bashman


"Black, ever hopeful of acquittal, buries the hatchet in old quarrels": Today's edition of The Toronto Globe and Mail contains a front page article that begins, "As he prepared to go to jail today, Conrad Black has been making peace with some former foes." The newspaper also contains a related article headlined "'Ready for anything that lies ahead'; Asked by e-mail yesterday about rumours that he was on antidepressants, Black replied, 'Never.'"

CBC News reports that "Black set to report to prison; 'I expect it to be somewhat boring,' Black says."

And in The New York Sun, Conrad Black has an op-ed entitled "My Faith in American Justice."
Posted at 07:54 AM by Howard Bashman



"A Chance to Determine the Fourth Amendment Limits On Search Incident to Arrest: The U.S. Supreme Court Grants Review in Arizona v. Gant." Sherry F. Colb has this essay online today at FindLaw.
Posted at 07:38 AM by Howard Bashman


"Some crack convicts could soon be set free": CNN.com provides a report that begins, "New sentencing guidelines were expected to lead Monday to the early release of more than a dozen federal inmates convicted on crack-cocaine charges. Approximately 1,600 federal inmates are currently eligible to ask a court to reduce their sentences because of December's decision by a federal agency to make retroactive reduced sentences for some crack-cocaine related convictions."

And Doug Berman, at his "Sentencing Law and Policy" blog, has a post titled "New lower USSC crack guidelines now officially retroactive."
Posted at 07:34 AM by Howard Bashman



Sunday, March 02, 2008

"Horrifying and Unnecessary": The New York Times today contains an editorial that begins, "In the next few days President Bush is expected to again claim the right to order mistreatment of prisoners that any civilized person would regard as torture."
Posted at 08:22 PM by Howard Bashman


"Bush Judicial Nominees - Torture, Alice in Wonderland, Shoplifting, Ethics and more." Glenn Sugameli has this guest post at "ACSBlog."
Posted at 08:12 PM by Howard Bashman


"Court upholds whale protection in Navy exercises": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "A federal appeals court has ruled that the Navy must protect endangered whales from the potentially lethal effects of underwater sonar during anti-submarine training off the Southern California coast, rejecting President Bush's attempt to exempt the exercises from environmental laws."

And The Los Angeles Times reports today that "Court holds Navy to rules safeguarding marine mammals; Appellate panel backs a lower court decision but allows a 30-day reprieve from the toughest rules so sonar training can go forward."

Late Friday, a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued an opinion and an order in this matter.
Posted at 07:40 PM by Howard Bashman



"Bush Moves to Shield Telecommunications Firms": Dan Eggen and Ellen Nakashima have this article today in The Washington Post.
Posted at 06:03 PM by Howard Bashman


"In letter, ABA criticizes trials of 9/11 detainees; The American Bar Association's letter to President Bush contends that the detainees held in Guantanamo will not receive fair trials": Carol Rosenberg has this article today in The Miami Herald.

You can view the letter at this link.
Posted at 05:57 PM by Howard Bashman



"Oil and water": ABC News correspondent Jan Crawford Greenburg has this post about last week's oral argument in the Exxon Valdez case at her "Legalities" blog.
Posted at 04:44 PM by Howard Bashman


"A Verdict for Workers, for a Change": The New York Times today contains an editorial today that begins, "The Supreme Court ruled last week that a group of employees suing for age discrimination should get their day in court even though they filed their complaint on the wrong form."
Posted at 04:20 PM by Howard Bashman


"Balance the court: A Democratic president could bring equanimity to the Supreme Court." Columnist Stephen Henderson has this op-ed today in The Detroit Free Press.
Posted at 04:12 PM by Howard Bashman


"Not single, not married: State Supreme Court to consider rights of gay couples." Howard Mintz has this article today in The San Jose Mercury News.

Today in The San Diego Union-Tribune, Greg Moran reports that "Same-sex marriage on court docket; California justices to hear case Tuesday."

And The Associated Press reports that "Gay marriage case reaches last stop on long legal odyssey."

On Tuesday, the Supreme Court of California will hold oral argument in these cases for a total of three hours. You can access the briefs via this link. A live webcast of the oral argument will be available online from The California Channel's web site.
Posted at 04:08 PM by Howard Bashman



"Medical Double Jeopardy": Yesterday's edition of The Wall Street Journal contained an editorial that begins, "Another sensible Roberts Court ruling, another uproar."
Posted at 03:50 PM by Howard Bashman


"Supreme Court may rethink broadcast indecency; Awards shows have revived the issue of what may be indecent on the public airwaves; The jurists haven't ruled on the matter in 30 years": David G. Savage and Jim Puzzanghera have this article today in The Los Angeles Times.
Posted at 03:47 PM by Howard Bashman


"Breyer, Court Master of the 'What If?'" Mark Sherman of The Associated Press provides a report that begins, "The nine justices in black robes file into the Supreme Court consumed with thoughts about the great legal issues of the day. Only one of them is likely to ask questions involving raccoons, an unruly son, pet oysters or even the dreaded 'tomato children.' When Justice Stephen Breyer leans toward his microphone at the end of the bench, lawyers can expect to be asked almost anything." And a related item from The AP is headlined "A Selection of Breyer's Hypotheticals."

Accompanying the article is one of the all-time classic Justice Breyer photos.
Posted at 03:38 PM by Howard Bashman



Saturday, March 01, 2008

"Court hands defeat to advocates of Ill. abortion notification law": The Associated Press provides a report that begins, "A federal judge refused to allow enforcement of an ill-fated state law requiring teenage girls to notify their parents before getting abortions, potentially ending any chance the decades-old measure will ever take effect."

I have posted online at this link Thursday's ruling of the U.S. District Court for the Northern District of Illinois in Zbaraz v. Madigan.
Posted at 08:05 PM by Howard Bashman



"Court holds Navy to rules safeguarding marine mammals; Appellate panel backs a lower court decision but allows a 30-day reprieve from the toughest rules so sonar training can go forward": The Los Angeles Times provides this news update.

My earlier coverage of yesterday's Ninth Circuit ruling appears at this link.
Posted at 07:55 PM by Howard Bashman



"Iraqi Court Tosses American's Conviction": Mark Sherman of The Associated Press provides this report.

And on yesterday's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment entitled "Iraqi Conviction Overturned, Munaf to Face High Court" (RealPlayer required).
Posted at 07:53 PM by Howard Bashman



On remand from the U.S. Supreme Court, the majority on a divided three-judge Tenth Circuit panel refuses to dismiss as untimely a criminal appeal filed one day too late where the federal government had failed to object to the appeal's untimeliness: You can access yesterday's Tenth Circuit ruling at this link. The federal government won the appeal on the merits, so it did not suffer any real prejudice in failing to object to the appeal's untimeliness.

In a ruling issued in September 2006, the same three-judge Tenth Circuit panel had unanimously dismissed the appeal as untimely. The different outcome on remand resulted from the Supreme Court's rulings in Bowles v. Russell, Eberhart v. United States, and Kontrick v. Ryan.
Posted at 05:05 PM by Howard Bashman



"Spam operator loses his appeal; Va.'s high court upholds 9-year prison term; case may go to Supreme Court": This article appears today in The Richmond Times-Dispatch.

And The Washington Times reports today that "Virginia spam charges upheld."

My earlier coverage of yesterday's ruling of the Supreme Court of Virginia appears at this link.
Posted at 04:48 PM by Howard Bashman



"S.F. judge dissolves his Wikileaks injunction": Bob Egelko has this article today in The San Francisco Chronicle.

Today in The Los Angeles Times, Henry Weinstein reports that "Injunction against website is lifted; Judge reverses earlier decision, saying he may have violated the free speech rights of watchdog Wikileaks."

The New York Times reports that "Judge Reverses His Order Disabling Web Site."

Declan McCullagh of c|net News.com has a report headlined "Judge: Wikileaks gets its domain name back."

The Associated Press reports that "Judge Allows Wikileaks Site to Re-Open."

And the organization Electronic Frontier Foundation yesterday issued a news release entitled "Judge Dissolves Wikileaks.org Injunction; First Amendment Rights of Internet Users Upheld in Today's Hearing."

You can access yesterday's ruling of the U.S. District Court for the Northern District of California at this link.
Posted at 03:54 PM by Howard Bashman



"Appeals court rejects sonar waiver for Navy": Reuters provides a report that begins, "A federal appeals court has rejected White House efforts to exempt the U.S. Navy from laws intended to protect endangered whales and other marine mammals by curbing "

Late yesterday, a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued an opinion and an order in this matter.
Posted at 03:42 PM by Howard Bashman



"Department of Pre-Crime: Why are citizens being locked up for 'un-American' thoughts?" Eric Umansky has this article online at Mother Jones.
Posted at 03:23 PM by Howard Bashman


"Embattled Lawyer's TV Ads Spark Debate; Ruling due on whether Fieger's pretrial ads are trying to taint jury pool; case draws interest from lawyers around the country": law.com provides this report.

My earlier post on this subject, including a link to one of the controversial ads, can be accessed here.
Posted at 03:11 PM by Howard Bashman



"Why do big law firms undervalue blogs?" The blog "Drug and Device Law" has this post asking that question and considering some possible answers.
Posted at 03:07 PM by Howard Bashman



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