How Appealing

Monday, April 30, 2007

No surprise -- The Seventh Circuit knows its Easterbrook brothers: In this post from April 2003, I noted a law.com news blurb that referred to "Judge Gregg Easterbrook" of the "6th U.S. Circuit Court of Appeals."

In footnote one (on page 5) of this opinion issued today, avid sports fan and Seventh CIrcuit Judge Terence T. Evans demonstrates that he certainly knows his Easterbrook brothers. The footnote concludes that "[f]rom now on, a second-guesser should be called a 'Tuesday Morning Quarterback.'"
Posted at 11:58 PM by Howard Bashman



"High-Speed Case Crashes in High Court; Majority: 11th Circuit shouldn't have relied on plaintiff's version of events belied by videotape." law.com provides this report.
Posted at 11:52 PM by Howard Bashman


"Video Persuades Justices to Back Police Use of Force to End Chase": Robert Barnes will have this article Tuesday in The Washington Post.

Also, in tomorrow's newspaper Robert Barnes and Alan Sipress will have an article headlined "Rulings Weaken Patents' Power; High Court Decides On Two Key Cases."
Posted at 11:47 PM by Howard Bashman



"UVa law students' case picked by Supreme Court": The Daily Progress of Charlottesville, Virginia today contains an article that begins, "A group of University of Virginia law students is venturing into an arena few legal professionals experience as it prepares arguments for a Supreme Court case."
Posted at 11:44 PM by Howard Bashman


Linda Greenhouse is reporting: In Tuesday's edition of The New York Times, she will have articles headlined "Court Backs Police in Chase That Hurt Driver"; "High Court Puts Limits on Patents"; and "Supreme Court to Hear Appeal of Mexican Death Row Inmate."
Posted at 11:37 PM by Howard Bashman


Why was Ninth Circuit Judge Alex Kozinski at Santa Clara University School of Law in October 2006 to bash blogs? As revealed here, he was visiting that law school in his capacity as the Heafey Center Distinguished Jurist for 2006.

However, at "CU bLAWg," they prefer the pre-anti-blog Kozinski from his appearance on "The Dating Game" (scroll down). That was some kiss hello!
Posted at 10:14 PM by Howard Bashman



"High court: police can use violent means to end high-speed chases; The Supreme Court's 8-to-1 decision involved a Georgia teenager, who sued a police deputy who rammed the teen's speeding car, causing serious physical damage." Warren Richey will have this article Tuesday in The Christian Science Monitor.
Posted at 10:03 PM by Howard Bashman


"Supreme Court backs police in high-speed chases": Michael Doyle of McClatchy Newspapers provides this report.
Posted at 09:22 PM by Howard Bashman


"Supreme Court to weigh fate of Houston teens' killer": The Houston Chronicle provides a news update that begins, "The U.S. Supreme Court agreed today to consider whether one of the six killers of Houston teen-agers Jennifer Ertman and Elizabeth Pena should escape execution because he was denied a chance to get legal assistance from the Mexican consulate. As requested by the Bush administration, the high court will hear arguments in the fall on the case of Jose Medellin, a Mexican citizen sent to Texas death row in the notorious 1993 rape-murder case."
Posted at 08:30 PM by Howard Bashman


"High Court Sides With Police on Car Chase Injuries": This audio segment (RealPlayer required) appeared this evening's broadcast of NPR's "All Things Considered."
Posted at 08:24 PM by Howard Bashman


"'Issue Ads' And Common Sense": Stuart Taylor Jr. has this essay in today's issue of National Journal.
Posted at 08:17 PM by Howard Bashman


"High court hands tech firms patent victory": Patti Waldmeir of Financial Times provides this report.
Posted at 05:33 PM by Howard Bashman


"Supreme Court Adopts New Standard on Patent Litigation": law.com's Tony Mauro provides this news update.
Posted at 05:04 PM by Howard Bashman


In memory of Senior Eighth Circuit Judge Donald P. Lay: The Eighth Circuit confirms that Judge Lay passed away peacefully at his home on Sunday, April 29, 2007. I am further told that, in lieu of flowers, donations in his memory may be made to the Muscular Dystrophy Association or the Boy Scouts of America.
Posted at 05:00 PM by Howard Bashman


Available online from Lyle Denniston of "SCOTUSblog": Lyle has posts titled "Commentary: Do detainees retain any rights?" and "Analysis: A flat new rule on high-speed chases."
Posted at 03:58 PM by Howard Bashman


"Supreme Court declines to enter fray on detainee trials; Monday's action helps to clear the way for the next military trials against terror suspects at Guantanamo Bay": Warren Richey will have this article Tuesday in The Christian Science Monitor.
Posted at 03:53 PM by Howard Bashman


"'Marketplace' Report: Microsoft Patent Dispute." This audio segment (RealPlayer required) appeared on today's broadcast of NPR's "Day to Day."
Posted at 03:40 PM by Howard Bashman


"Romney Assails McCain-Feingold Law": The Associated Press provides this report.
Posted at 03:35 PM by Howard Bashman


Ninth Circuit rejects challenge to Gilroy (Calif.) Garlic Festival's prohibition against the wearing of gang colors or other demonstrative insignia, including motorcycle club insignia: The only thing more fearsome than a gang member decked out in demonstrative insignia is a gang member decked out in demonstrative insignia who reeks of garlic. You can access today's Ninth Circuit ruling at this link.
Posted at 03:11 PM by Howard Bashman


Christian evangelists who operate religious outreach with the use of amplified sound in the streets of San Francisco lose their constitutional challenge to San Francisco's enforcement of its noise abatement ordinance: A unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued this lengthy decision today.
Posted at 03:05 PM by Howard Bashman


Ninth Circuit rejects constitutional challenge to California's vexatious litigant statute: You can access today's ruling at this link. The challenger to the law's constitutionality appeared pro se on appeal.
Posted at 03:00 PM by Howard Bashman


Substantive due process "state-created danger" claim cannot succeed where, in reliance on a government physician's bad advice to ignore warning signs of a heart attack, the patient sustains serious injury: A unanimous three-judge panel of the U.S. Court of Appeals for the Third Circuit issued this ruling today.
Posted at 02:55 PM by Howard Bashman


"Justices OK deadly force in some police pursuits": David G. Savage of The Los Angeles Times provides this news update.

Robert Barnes of The Washington Post provides a news headlined "Supreme Court Sides With Police in Chase Case."

And Bill Mears of CNN.com provides a report headlined "Court: High-speed chase suspects can't sue police."
Posted at 02:40 PM by Howard Bashman



"Online Video Clips: Not Just for Porn Anymore." David Lat has this post at "Above the Law."

At "The Volokh Conspiracy," Orin Kerr has this related post.

At "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "Let's Go to the Videotape."

At "The Indiana Law Blog," Marcia Oddi offers these thoughts.

And at the "New York Personal Injury Law Blog," you can access a post titled "US Supreme Court Goes Multimedia -- Video is Part of Decision."

My earlier coverage appears here. YouTube, meet SCOTUSTube.
Posted at 02:33 PM by Howard Bashman



Reuters is reporting: James Vicini has articles headlined "Court rules police can't be sued in high-speed chase" and "U.S. court to decide case of Mexican on death row."

Also available online are articles headlined "Court won't hear appeal by Guantanamo prisoners"; "US high court loosens patent 'obviousness' test"; "U.S. top court rules for Microsoft in patent case"; "Court won't review same-sex union custody case"; and "Top court won't hear power plant pollution rule."
Posted at 02:24 PM by Howard Bashman



Greg Stohr of Bloomberg News is reporting: He has articles headlined "Technology Companies Win as Supreme Court Limits Patent Rights" and "Death Sentences on Mexicans Draw Scrutiny by U.S. Supreme Court."
Posted at 02:20 PM by Howard Bashman


U.S. Supreme Court sends latest round of impending federal procedural rule changes to Congress: In addition to issuing an Order List and announcing rulings in five argued cases, today the Supreme Court of the United States also sent to the U.S. Congress the amendments to the Federal Rules of Appellate Procedure, Bankruptcy Procedure, Civil Procedure, and Criminal Procedure that will take effect on December 1, 2007 absent any intervening disapproval from Congress.

The lone change to the Federal Rules of Appellate Procedure due to take effect this December involves the subject of privacy protection.
Posted at 01:00 PM by Howard Bashman



"Senators Leery of Another Supreme Court Fight": Roll Call today contains an article (subscription required) that begins, "Just over a year after confirming President Bush's second nominee to the Supreme Court, many Senators say they are holding their breath that they won't have to entertain another high court vacancy this Congress, anticipating a battle royal that likely would bring the narrowly divided chamber to a partisan standstill."
Posted at 12:54 PM by Howard Bashman


"Court Refuses Child Visitation Dispute": The Associated Press provides a report that begins, "The Supreme Court on Monday declined to get involved in a dispute between two former lesbian lovers over visitation rights involving a 4-year-old child."
Posted at 12:47 PM by Howard Bashman


Ninth Circuit Judge Alex Kozinski versus blogs linkwrap: On Friday, I had a post titled "Ninth Circuit Judge Alex Kozinski's take-down of blogs is itself taken down."

More recently, the audio has appeared back online, available here (most relevant audio excerpt) and here (full audio segment; click "listen" at this link's destination to launch audio).

The full audio segment also includes Judge Kozinski's interesting explanation of his discovery that David Lat was probably the author of the blog "Underneath Their Robes" before Lat's official unmasking occurred in an article that Jeffrey Toobin published in The New Yorker.

A formatted PDF version of the Google cache transcript (which is less than 100% accurate) of that full audio segment can be accessed here. A formatted transcript of Judge Kozinski's complete talk, consisting of a total of four audio segments, is forthcoming.

Yesterday, I collected links to all my related earlier coverage in a single post that you can access here.

All that remains to be determined is why the audio and transcript of Judge Kozinski's October 2006 talk to Law Professor Eric Goldman's cyberlaw class was removed from the web site of the High Tech Law Institute at Santa Clara Law School once bloggers other than Professor Goldman (see his initial post here) began to link to it and discuss it. I have emailed Professor Goldman on Friday to ask why the material was taken off-line, but I thus far have received no answer.
Posted at 12:40 PM by Howard Bashman



In products liability case, federal district court properly subjected opinions of generalist "expert for hire" to greater scrutiny: According to a ruling that a unanimous three-judge panel of the U.S. Court of Appeals for the Sixth Circuit issued today, "This Court has recognized for some time that expert testimony prepared solely for purposes of litigation, as opposed to testimony flowing naturally from an expert's line of scientific research or technical work, should be viewed with some caution." The ruling affirms the district court's exclusion of the expert's proposed testimony and the entry of summary judgment in the defendant's favor that necessarily followed therefrom.
Posted at 11:44 AM by Howard Bashman


"FCC Holds Hearing on Media Ownership Rules": This audio segment (RealPlayer required) appeared on today's broadcast of NPR's "Morning Edition."
Posted at 11:33 AM by Howard Bashman


Here's a first -- A U.S. Supreme Court decision issued today has its own accompanying video: Talk about multimedia rulings! The Court's opinion today in Scott v. Harris, No. 05-1631 -- a dispute about the lawfulness of a high-speed police chase captured on video -- appears online at the Supreme Court's web site with this 91.7 MB RealPlayer video file. No word yet from the Court on whether the volume of U.S. Reports in which this decision will appear will include its own embedded video player.
Posted at 11:19 AM by Howard Bashman


Majority opinion by Chief Justice John G. Roberts, Jr.; dissenting opinion by Justice Samuel A. Alito, Jr.: See today's ruling in United Haulers Assn., Inc. v. Oneida-Herkimer Solid Waste Management Authority, No. 05-1345. Proving once again that there's nothing like a dormant Commerce Clause solid waste disposal dispute to fracture traditional alliances on the Court.
Posted at 11:14 AM by Howard Bashman


The Associated Press is reporting: Now available online are articles headlined "Supreme Court Won't Hear Guantanamo Case"; "Court Takes Death Penalty Case"; "Supreme Court Backs Police in Chase Case"; "Court Favors Microsft in Patent Fight"; "Court Decides Trash Fight"; and "Court Adheres to 2003 Clean Air Rules."
Posted at 10:17 AM by Howard Bashman


"Court rules on two patent cases, and on high-speed chase": Lyle Denniston has this post at "SCOTUSblog." The Court decided a total of five argued cases today.

In Microsoft Corp. v. AT&T Corp., No. 05-1056, you can access the opinion of the Court here and the oral argument transcript here.

In KSR International Co. v. Teleflex, Inc., No. 04-1350, you can access the opinion of the Court here and the oral argument transcript here.

In Scott v. Harris, No. 05-1631 -- an excessive force, high-speed police chase case from Georgia -- you can access the opinion of the Court here and the oral argument transcript here.

In EC Term of Years Trust v. United States, No. 05-1541, you can access the opinion of the Court here and the oral argument transcript here.

And in United Haulers Assn., Inc. v. Oneida-Herkimer Solid Waste Management Authority, No. 05-1345, you can access the opinion of the Court here and the oral argument transcript here.
Posted at 10:11 AM by Howard Bashman



"Court turns down Hamdan appeal, will hear Medellin": Lyle Denniston has this post at "SCOTUSblog." My detailed coverage of the November 2006 ruling of the Texas Court of Criminal Appeals in Ex Parte Jose Ernesto Medellin can be accessed at this link.

You can access today's U.S. Supreme Court Order List at this link.
Posted at 10:04 AM by Howard Bashman



"Free Speech and Defamation: When Prior Restraint Is the Right Decision." Today's installment of my "On Appeal" essay for law.com can be accessed at this link.
Posted at 10:02 AM by Howard Bashman


"Equality vs. quality in schools": Today in The Seattle Times, columnist Jerry Large has an op-ed that begins, "The U.S. Supreme Court is expected to rule this week on a case involving Seattle schools, and I think the odds favor a ruling that race can't be taken into account to address the impact of race."

Although it is possible that the U.S. Supreme Court could issue its ruling today, if the decision does not issue today then the next possible date for a ruling would be Monday, May 14, 2007. The Court's calendar for this Term can be viewed at this link.
Posted at 08:50 AM by Howard Bashman



"Divorced parents clash over 12-year-old son's circumcision; Three-year fight - The father, a convert to Judaism, sees it as a matter of religious observance." This article appeared Friday in The Oregonian.
Posted at 08:45 AM by Howard Bashman


"Bombing suspect's hometown shocked; Former neighbors describe Paul Ross Evans as pleasant and polite": The Austin American-Statesman today contains an article that begins, "It was the talk of the barber shop where Lee Tillman got his hair trimmed for a church banquet Saturday: A man who had lived for years in this small East Texas city had been arrested by the FBI, accused of putting a bomb outside an Austin clinic that performs abortions."
Posted at 08:44 AM by Howard Bashman


"Students Protest Attorney General": The Harvard Crimson today contains an article that begins, "As Attorney General Alberto Gonzales and his classmates posed for a photo at their Harvard Law School reunion Saturday, an odd figure stood behind the photographer. A group of law students, one of whom wore an orange jumpsuit and a black hood, stood at the bottom of the steps of Langdell Hall and shouted to the other alumni to say 'torture' or 'resign' instead of 'cheese.'"

And in somewhat related coverage, The Washington Post today contains an article headlined "The Investigated Investigator: Leader of High-Profile Probes Is Under Scrutiny Himself."
Posted at 08:32 AM by Howard Bashman



"Two federal judges hold key to California prison reform; Two veteran jurists may find themselves reluctantly stepping in where there is a political vacuum to address inmate overcrowding": This article appears today in The Los Angeles Times.
Posted at 08:27 AM by Howard Bashman


"Judge in terror case: Indictment 'very light on facts'; Critics say vague charges have replaced the 'dirty bomb' accusation against Jose Padilla." The St. Petersburg Times contains this article today.
Posted at 08:25 AM by Howard Bashman


"2,000 stories of regret swayed Court; Testimonials from Florida women figure in a Supreme Court ruling regarding abortion": This article appears today in The St. Petersburg Times.
Posted at 08:20 AM by Howard Bashman


"Guantanamo Lawyers Predict More Suicides": The Associated Press provides a report that begins, "Lawyers envision more suicides and despair at Guantanamo Bay if the U.S. Justice Department succeeds in severely restricting access to detainees by defense attorneys, virtually the only contact inmates have with the outside world."
Posted at 08:15 AM by Howard Bashman


"Did Justices' Catholicism Play Part in Abortion Ruling?" Robert Barnes has this article today in The Washington Post.

And today in The Chicago Tribune, Law Professor Geoffrey R. Stone has an op-ed entitled "Our faith-based justices."
Posted at 08:02 AM by Howard Bashman



"Petition for rehearing in US v. Lett": This post, providing online access to the petition, appears at the "Sentencing Law and Policy" blog.

My earlier coverage of the recent Eleventh Circuit ruling in this case can be accessed here.
Posted at 07:54 AM by Howard Bashman



"Georgia's Shame": The New York Times today contains an editorial that begins, "Every day that young Genarlow Wilson remains in prison for consensual sexual activity is a further indictment against the prosecutors, lawmakers and judges of the Georgia legal system."
Posted at 07:48 AM by Howard Bashman


"As Blogs Proliferate, a Gadfly With Accreditation at the U.N." This article appears today in The New York Times.
Posted at 07:45 AM by Howard Bashman


"When Talk Isn't Cheap: Campaign finance regulators say speech isn't free--it's a form of 'contribution.'" John Fund has this essay online today at OpinionJournal.
Posted at 07:44 AM by Howard Bashman


"Winner Takes Some: The Supreme Court's shift on abortion is not what you think." Benjamin Wittes has this essay online today at The New Republic.
Posted at 06:44 AM by Howard Bashman


Sunday, April 29, 2007

"Sexual Threats Quiet Some Female Bloggers": This front page article will appear Monday in The Washington Post.
Posted at 11:18 PM by Howard Bashman


"Cases Keep Flowing in, but the Jury Pool Is Idle": That's the headline of Adam Liptak's "Sidebar" column (TimesSelect temporary pass-through link) that will appear Monday in The New York Times.
Posted at 11:10 PM by Howard Bashman


"Civil-rights icon Hill nears 100; Richmond native held crucial role in building Brown v. Board case": This article appears today in The Richmond Times-Dispatch.
Posted at 10:12 PM by Howard Bashman


"The Temptation of Justice Thomas: In his latest anti-abortion opinion, Clarence Thomas hints at a moment of doubt." Evan P. Schultz will have this essay in the April 30, 2007 issue of Legal Times.

And in the April 30, 2007 issue of The National Law Journal, American Bar Association President Karen J. Mathis has an essay entitled "Better Judicial Pay: Lawyers must take the lead."

Law Professor David Fontana has an essay entitled "Appointing prosecutors:Make it less political."

And Dan Small has an essay entitled "Attorney General Gonzales: How to get him to go."
Posted at 10:08 PM by Howard Bashman



"Detainees seek rehearing": Lyle Denniston has this post at "SCOTUSblog."
Posted at 07:05 PM by Howard Bashman


The Philadelphia Inquirer reports that Philadelphia judge owns unsafe rental properties, and the judge is running for a seat on the Supreme Court of Pennsylvania: That newspaper today contains articles headlined "Dilapidation on his docket"; "Judge's public office, staff used for personal business; A court-paid worker was on the case, collecting rent and signing leases for Berry; He says that will stop"; and "An unreal scheme used in attempt to conceal assets."

And in other coverage of this year's Pa. Supreme Court elections, yesterday's newspaper contained a fund raising-related article headlined "Judicial hopefuls treading the line."
Posted at 07:03 PM by Howard Bashman



"Debating the Value of Victims' Rights Laws": This audio segment (RealPlayer required) appeared on this evening's broadcast of NPR's "All Things Considered."
Posted at 06:40 PM by Howard Bashman


Philadelphia Phillies 6, Florida Marlins 1: The largest attendance at Citizens Bank Park thus far this season was present for the Phillies first Sunday home game of the year, due to the rain-out earlier this month of a Sunday home game against the Houston Astros.

Today's large crowd, which included my son and me, nearly witnessed a historic pitching performance, as Phillies starter Jamie Moyer took a no-hitter two outs deep into the top of the seventh inning.

The typical no-hitter features at least one or two tremendous defensive plays, and today's game had at least two to offer. Phillies third baseman Abraham Nunez made an amazing defensive play for the second out in the third inning, when the Marlins catcher hit a line drive that glanced off the top of Nunez's glove when he tried to jump as high as possible to make the catch. The ball dribbled just behind Nunez, who turned around, picked it up, and threw out the catcher at first base by a stride on a short-hop that first baseman Ryan Howard easily handled. Moyer ended his chance at a perfect game by walking the first batter in the fourth inning. Hanley Ramirez, who drew the walk, was erased when second baseman Dan Uggla grounded into a fielder's choice. Then third baseman Miguel Cabrera hit a shot into the left field power alley that appeared to be heading for a double, but somehow Phillies left fielder Jayson Werth made an amazing snow-cone catch at the warning track. Uggla at that point was steps away from third base and was resigned to his fate, so Werth upon turning around threw the ball back to shortstop Jimmy Rollins, who then lobbed the ball to first baseman Ryan Howard to record the double play at first base.

Thanks to that double play to end the fourth inning, Moyer had faced the minimum number of batters when Cabrera returned to the plate as the third batter in the top of the seventh inning. On a 3-1 count, he lined the ball into the left field corner for a double. The no-hitter was no more. The very next batter, however, lined out to second base, ending the inning.

Moyer was the lead-off batter in the bottom of the seventh inning, and he hit a line drive of his own into the left field corner for a double, barely reaching second base before the tag. It was his second hit of the game, as he led off the third inning with a pop fly single that froze the left fielder in his tracks. In the bottom of the seventh, Moyer reached third base on a wild pitch, but the next three batters for the Phillies recorded outs that were not productive enough to score him from third.

Perhaps running the bases tired Moyer, who had already thrown 86 pitches to that point and is nearly two years older than me. He walked the first Marlins batter in the top of the eighth inning and then, after recording a strikeout, gave up a single to the next batter. With runners at first and second, one out, and Moyer having thrown 100 pitches, his day was over. New-found set-up man Brett Myers came in to record two successive strikeouts, and the eighth inning ended without the Marlins putting any runs on the board.

In the bottom of the eighth inning, a double from pinch hitter Greg Dobbs with the bases loaded brought in three more runs for the Phillies, making the score 6-0, and thereby rendering unnecessary for today at least the services of the Phillies recently unreliable closer, Tom "Flash" Gordon. After giving up a meaningless run to the Marlins in the top of the ninth, the game ended with the final score 6-1. Tthe large crowd left happy, whether or not they were carrying a bobblehead Phanatic or enjoyed today's King Tut celebration.

Although eleven wins thus far for the month of April will not enable the Phillies to avoid a losing record for April 2007, the past two years the Phillies only achieved ten wins in April. So, this month's record does represent at least a slight improvement. You can access the box score of today's game at this link, while wraps are available here and here.
Posted at 06:12 PM by Howard Bashman



"In Indiana, a fight over 'In God We Trust' license plates; In Indiana, the extra fee for specialty tags doesn't apply to one that invokes the divine; Critics go to court": The Los Angeles Times contains this article today.
Posted at 09:42 AM by Howard Bashman


"Protesters decry upholding of ban on abortion procedure": This article appears today in The Boston Globe.
Posted at 09:40 AM by Howard Bashman


Why is today not day three of "Ninth Circuit Judge Alex Kozinski's take-down of blogs is itself taken down"? Because the audio is back online! You can listen by visiting this web page and then, once there, simply clicking on the link labeled "listen." Plus, the written transcript, although less than 100% accurate, remains available online via Google cache. The first reference to "How Appealing" appears shortly after the 14-minute mark of the audio.

A bit later in this very same audio segment, Judge Kozinski explains how he determined that David Lat was probably the author of the blog "Underneath Their Robes" before Lat's official unmasking occurred in an article that Jeffrey Toobin published in The New Yorker.

My earlier, related posts can be accessed via their respective titles:

"Don't hate the player";

"'I can't really have breakfast, really enjoy my day, until I hear the great thoughts of Howard Bashman'";

"Ninth Circuit Judge Alex Kozinski's take-down of blogs is itself taken down";

"Welcome to day two of 'Ninth Circuit Judge Alex Kozinski's take-down of blogs is itself taken down' ";

"Ninth Circuit Judge Alex Kozinski talks about blogs"; and

"'Judge Kozinski Talks About Cyberlaw.'"
Posted at 09:37 AM by Howard Bashman



"Lethal injection, revealed": The Boston Globe contains this editorial today.
Posted at 09:27 AM by Howard Bashman


"Ban All the Lawyers: Prisoners at Guantanamo don't really need them, or so says the Justice Department." This editorial appears today in The Washington Post.
Posted at 09:25 AM by Howard Bashman


"Woman in Escort Case Plans to Name Names in Defense": The New York Times today contains an article that begins, "Deborah Jeane Palfrey has not been at all shy about it: for more than a decade she ran an escort service that catered to upscale clients in the nationís capital, sending college-educated women to men's homes or hotel rooms."

And The Washington Post today contains a front page article headlined "'I Abhor Injustice,' Alleged Madam Says."
Posted at 09:23 AM by Howard Bashman



"Evidence shows Justice Thomas to be interesting on all charges": Today in The St. Louis Post-Dispatch, Harry Levins has this review of the book "Supreme Discomfort: The Divided Soul of Clarence Thomas," by Kevin Merida and Michael A. Fletcher.
Posted at 09:15 AM by Howard Bashman


"Campaign law dogs McCain; He says he wants to clean up politics; GOP activists say he's muzzling speech": This article appears today in The Milwaukee Journal Sentinel.
Posted at 09:10 AM by Howard Bashman


"Enron, the Supreme Court and Shareholders on the Brink": Ben Stein has this essay today in The New York Times.
Posted at 09:05 AM by Howard Bashman


"For $82 a Day, Booking a Cell in a 5-Star Jail": This article appears today in The New York Times.
Posted at 09:00 AM by Howard Bashman


"Partial-Birth Bigotry: The know-nothing left blames the latest abortion ruling on Catholicism." The Wall Street Journal has posted at OpinionJournal, allowing for free access, this op-ed by Law Professor John Yoo that appeared in The WSJ yesterday.
Posted at 08:44 AM by Howard Bashman


"Duquesne Univ. Honors Alito": That was the title of last night's broadcast of C-SPAN's "America & the Courts" program. According to C-SPAN's detailed description of the broadcast, "U.S. Supreme Court Justice Samuel Alito receives the Carol Los Mansmann Award for Distinguished Public Service from Duquesne Univ. Law School in Pittsburgh, PA. Third Circuit Chief Judge Anthony Scirica & Justice Alito's wife, Martha-Ann Alito, also make remarks." You can view the broadcast online by clicking here (RealPlayer required).

No word yet on whether a certain Pennsylvania Supreme Court Justice will also boycott the webcast of the event.
Posted at 12:15 AM by Howard Bashman



Saturday, April 28, 2007

"Strengthening Abortion Rights": The New York Times on Sunday will contain this editorial.
Posted at 11:55 PM by Howard Bashman


"82 Inmates Cleared but Still Held at Guantanamo; U.S. Cites Difficulty Deporting Detainees": This article will appear Sunday in The Washington Post.
Posted at 11:50 PM by Howard Bashman


Ninth Circuit Judge Alex Kozinski talks about blogs: By popular demand, the audio is back online at this link. Simply click "listen" to, um, listen.

The portion of the audio quoted in my post titled "Don't hate the player" begins moments after the 14-minute mark of the recording. And the transcript remains available here via Google cache.

My other earlier, related posts can be accessed here, here, here, and here.

For those planning to attend the law blogging panel at the Seventh Circuit's Judicial Conference in Milwaukee on Monday, May 7, 2007, I'm told that Judge Kozinski's comments about blogs may be among the subjects on the agenda for discussion.
Posted at 11:48 PM by Howard Bashman



"Meeting Jan Crawford Greenburg": At "Patterico's Pontifications," Patterico has a post in which he writes that "Ms. Greenburg is not only a fascinating person, but also someone who is completely down to earth. She is smart, funny, humble, and doesn't take herself too seriously." Indeed.
Posted at 09:08 PM by Howard Bashman


"Even the most poor can help shape Supreme Court decisions": Michael Doyle of McClatchy Newspapers has an article that begins, "Bruce Brendlin has a rap sheet, a drug history and a reasonably good shot at shaping the Constitution."
Posted at 08:40 PM by Howard Bashman


"At UD, Justice Scalia illustrates 'originalist' view; Court's odd man out doesn't see flexibility in Constitution": This article appears today in The News Journal of Wilmington, Delaware.

And The Oregonian today contains an article headlined "Court of opinion weighs U.S. justice's catch; A fish tale - Antonin Scalia released his salmon as required but not before some frowned-upon photos."
Posted at 08:37 PM by Howard Bashman



"Sex, Life, and Videotape: Ultrasound and the future of abortion." William Saletan has this essay online at Slate.
Posted at 08:30 PM by Howard Bashman


"Echoes from the Gonzales v. Carhart decision: Not simple or neat." Columnist Linda P. Campbell had this op-ed Thursday in The Fort Worth Star-Telegram.
Posted at 08:27 PM by Howard Bashman


"Still separate after all these years: Five decades after the Supreme Court struck down school segregation, black and white children continue to learn in different worlds; And it could get worse." This article appears in the current issue of The Economist.
Posted at 08:23 PM by Howard Bashman


"Forced into a Gun Debate": Law Professor Jeffrey Rosen will have this Second Amendment-related essay in the May 7, 2007 issue of Time magazine.
Posted at 08:17 PM by Howard Bashman


"Court ready to chip away at campaign law?" Tony Mauro has this news analysis online at the First Amendment Center.
Posted at 08:14 PM by Howard Bashman


"Moral Plots and Subplots in the Latest Ruling on Abortion": Peter Steinfels has this "Beliefs" essay today in The New York Times.

And in the May 14, 2007 issue of The Nation, Katha Pollitt will have an essay entitled "Regrets Only" that begins, "So now you know. It really does matter who's President and which party controls Congress. A Democratic-controlled Congress would never have passed the Partial-Birth Abortion Act, which banned intact dilation and extraction abortions and, in flagrant violation of Roe v. Wade, lacked an exception to preserve the health of the woman."
Posted at 08:11 PM by Howard Bashman



"Meese on short list for federal judgeship; Law professor would have to leave College to become a federal judge": The Flat Hat of the College of William and Mary on Friday contained an article that begins, "Alan J. Meese, Ball Professor at the Marshall-Wythe School of Law and co-chair of the William and Mary Committee on Religion at a Public University, has been recommended for a federal court judgeship by three of the state's bar associations."
Posted at 08:03 PM by Howard Bashman


"Partial-Birth Bigotry": Law Professor John Yoo has this op-ed today in The Wall Street Journal.
Posted at 07:55 PM by Howard Bashman


"Breyer Stresses Civil Liberties": The Associated Press provides this report.
Posted at 07:48 PM by Howard Bashman


"U.S. court rebuffs Bush on tuna ban; White House chided for trying to loosen 'dolphin-safe' rules": Bob Egelko has this article today in The San Francisco Chronicle.

And Reuters provides a report headlined "U.S. can't alter 'dolphin-safe' tuna rules: court."

My earlier coverage of yesterday's Ninth Circuit ruling appears at this link.
Posted at 03:10 PM by Howard Bashman



In the current issue of The Harvard Law Record: The publication contains articles headlined "Supreme Court Advocacy Project Moots Issue Ad Regulation" and "Students Protest for Restoration of Habeas Corpus."
Posted at 02:48 PM by Howard Bashman


The Hartford Courant is reporting: Today's newspaper contains articles headlined "Panel Considers Views On Abortion; Parental Notification Focus Of Hearing" and "Calls Said To Gouge Inmates; Convicts' Families Pay High Rates, But Prisons Collect Little."
Posted at 02:35 PM by Howard Bashman


"Memo describes installing unconfirmed prosecutors; Justice official asked how to bypass Senate": Charlie Savage has this article today in The Boston Globe.
Posted at 02:30 PM by Howard Bashman


In jurisprudence essays available online at Slate: Garrett Epps and Dahlia Lithwick have an essay entitled "The Sphinx of Sacramento: Will the real Anthony Kennedy please stand up?"

And Emily Bazelon has an essay entitled "The Secret Weapon of 2008: Felons are getting the vote back--and Republicans aren't stopping them."
Posted at 02:14 PM by Howard Bashman



"A Glacial Pace on Warming": The New York Times today contains an editorial that begins, "Weeks after the Supreme Court's momentous ruling that the federal government could and probably should regulate greenhouse gases, pressure for decisive action continues to build."
Posted at 12:38 PM by Howard Bashman


"Appeal Is Delayed Because Transcripts Might Contain Secrets": The Washington Post today contains an article that begins, "A former National Security Agency employee who was convicted in federal court in Greenbelt of unlawfully possessing classified documents has been unable to file an appeal because federal prosecutors won't allow him or his attorney unconditional access to court transcripts, according to court papers. The reason, according to court filings, federal prosecutors and a legal expert: Some of the material contained in the transcripts could be classified."
Posted at 12:03 PM by Howard Bashman


"Pain Doctor Is Guilty of Drug Trafficking; In Retrial, Physician Convicted Again of Prescribing Large Quantities of Narcotics": Today's edition of The Washington Post contains an article that begins, "A prominent pain doctor was convicted yesterday for the second time of trafficking in narcotics, handing prosecutors another victory in a nationwide debate over the prescribing of dangerous narcotics to patients who may abuse or sell the medication. Federal jurors in Alexandria found William E. Hurwitz guilty of 16 counts of drug trafficking, determining that he prescribed massive quantities of medicine to patients in chronic pain. The 12-member jury acquitted Hurwitz on 17 other trafficking counts, but Hurwitz faces up to 20 years in prison for each count on which he was convicted."
Posted at 12:00 PM by Howard Bashman


"Prosecutors Drop Gun Case Against Webb Aide": The Washington Post today contains an article that begins, "Prosecutors yesterday dismissed the case against a top aide to Sen. James Webb who was accused of bringing a loaded pistol into the Russell Senate Office Building."
Posted at 11:57 AM by Howard Bashman


"Japan Court Rules Against Sex Slaves and Laborers": The New York Times today contains an article that begins, "In two landmark rulings, Japan's highest court on Friday rejected compensation claims filed by former wartime sex slaves and forced laborers from China but acknowledged that they had been coerced by the Japanese military or industry."
Posted at 11:45 AM by Howard Bashman


"Duke lacrosse case was riddled with holes, report says; The prosecutor did not challenge the accuser about her changing versions of what happened at a team party, North Carolina's attorney general reports": This article appears today in The Los Angeles Times.

The News & Observer of Raleigh, North Carolina today contains articles headlined "Report depicts dazed accuser; Mangum was not credible, AG found"; "Team party turned sour early"; and "The lineups that weren't?; City leader says photo arrays didn't qualify; report coming."

The Herald-Sun of Durham, North Carolina reports that "Attorney general explains dismissal."

The New York Times reports that "'Credibility Issues' Undid Duke Case, Report Says."

The Washington Times reports that "Report calls Duke rape charges unsupported."

And The Associated Press reports that "Duke Lacrosse Case Report Released."

You can access the North Carolina Attorney General's Summary of Conclusions report at this link.
Posted at 10:44 AM by Howard Bashman



"Political Appointees No Longer to Pick Justice Interns": The Washington Post today contains an article that begins, "The Justice Department is removing political appointees from the hiring process for rookie lawyers and summer interns, amid allegations that the Bush administration had rigged the programs in favor of candidates with connections to conservative or Republican groups, according to documents and officials."
Posted at 10:33 AM by Howard Bashman


Available online from law.com: In news from New York, "Panel Defines 'Depicts,' Reinstates Ex-Lawyer's Conviction for Sending Indecent Text Messages." My earlier coverage appears at this link.

An article reports that "11th Circuit Weighs School District's Liability for Professional Reference; Federal appeals court examines whether school can be sued for not warning another school about teacher's alleged behavior."

In other news, "N.J. Court Says Sports Arenas' Duty of Care May Be Higher During Warm-Ups."

Jason McLure reports that "Gonzales Stays but Faces More Questions."

And the new installment of my weekly "On Appeal" column is headlined "Free Speech and Defamation: When Prior Restraint Is the Right Decision."
Posted at 10:22 AM by Howard Bashman



Welcome to day two of "Ninth Circuit Judge Alex Kozinski's take-down of blogs is itself taken down": Yesterday, we saw the audio and transcript of the remarks giving rise to this kerfuffle disappear right before our eyes, as I detailed yesterday in this post. Overnight, a reader emailed to note that the transcript of Judge Kozinski's remarks remained online at this link via Google cache. That transcript is not a 100% accurate transcription of the audio file, but it's better than nothing. And I've saved the transcript myself so that I can post it online when the Google cache disappears. [Update: Transcripts of the remaining three parts of Judge Kozinski's talk are also available via Google cache: here; here; and here.]

I also have the 32.1 MB mp3 audio podcast file saved, and I'd like to hear from my readers regarding where's the best place for me to upload the audio for free to allow my readership to access it without any bandwidth restrictions on the downloading side.

Yesterday, I sent the following email to Law Professor Eric Goldman, who was responsible for having the audio and transcript of Judge Kozinski's October 2006 talk to Professor Goldman's cyberlaw class posted online at the web site of the High Tech Law Institute at Santa Clara Law School:

Dear Eric,

Why have the audio and transcript links featured in this blog post of yours

[http://blog.ericgoldman.org/archives/2007/04/kozinski_interv.htm]

been taken down, either by you or your law school?

I have the mp3 audio file of the first audio segment of the podcast in which I am mentioned, and I am planning to host it online myself unless I hear some persuasive objection to the contrary.

Best regards,

HJBashman

I sent my email to Professor Goldman at the contact address he features at his blog [egoldman@gmail.com], but thus far he has not written back, although Professor Goldman has made new, unrelated posts to his blogs in the interim.

Sooner or later, I'm sure we will get to the bottom of why Professor Goldman and/or the High Tech Law Institute at Santa Clara Law School have taken down the audio and transcript of Judge Kozinski's remarks, but the audio and transcript themselves will undoubtedly remain available through alternate sources such as this blog.
Posted at 10:08 AM by Howard Bashman



Friday, April 27, 2007

"AG releases lacrosse report": The News & Observer of Raleigh, North Carolina provides a news update that begins, "State Attorney General Roy Cooper released a report today outlining how he and special prosecutors in his office concluded that three former Duke lacrosse players were innocent of the charges they battled for a year. The report highlights missteps in the early investigation and provides details that led Cooper to sharply criticize Durham District Attorney Mike Nifong as a rogue prosecutor."

And The Los Angeles Times provides a news update headlined "Duke rape accuser was 'impaired,' report finds."

You can access the North Carolina Attorney General's Summary of Conclusions report at this link.
Posted at 11:23 PM by Howard Bashman



"C.I.A. Held Qaeda Leader in Secret Prison for Months": The New York Times on Saturday will contain an article that begins, "The Central Intelligence Agency held a captured Qaeda leader in a secret prison since last fall and transferred him last week to the American military prison at Guantanamo Bay, Cuba, officials said Friday."

The Washington Post on Saturday will report that "CIA Recently Held Terror Suspect."

And The Los Angeles Times provides a news update headlined "Pentagon says it has custody of senior Al Qaeda figure; The Defense Department says he was captured and handed over to the CIA in late 2006 and has been providing critical information about Al Qaeda."
Posted at 11:15 PM by Howard Bashman



"Administration considered firing 12 U.S. attorneys but cut list down": McClatchy Newspapers provide this report.

And Saturday's edition of The Washington Post will report that "GOP Lawmaker Told of Plan to Fire U.S. Attorney."
Posted at 11:10 PM by Howard Bashman



In today's edition of The Seattle Times: The newspaper contains articles headlined "State Supreme Court: Talk-radio hosts free to ... talk" and "Court rules against protesters in Westlake mall case."

My earlier coverage of these rulings appears at this link.
Posted at 11:05 PM by Howard Bashman



The Associated Press is reporting: Now available online are articles headlined "Cutback on Gitmo Visits Concerns Lawyers" and "Neb.'s New Execution Method Attacked."
Posted at 09:18 PM by Howard Bashman


In posts of interest at "Balkinization": Sandy Levinson has a post titled "John Roberts on judicial doctrine."

And Priscilla Smith, who presented oral argument on behalf of the physician in the U.S. Supreme Court in Gonzales v. Carhart, has a post titled "A Restrained View."
Posted at 09:12 PM by Howard Bashman



"A Carhart II sequel in Second Circuit": Lyle Denniston has this post at "SCOTUSblog."
Posted at 09:02 PM by Howard Bashman


Second Circuit isn't quite yet ready to reject the challenge to the constitutionality of the federal PartialĖBirth Abortion Ban Act of 2003 pending before that court: A divided three-judge panel of the Second Circuit today issued this unpublished order calling for letter briefs addressing the impact of the recent U.S. Supreme Court ruling rejecting essentially identical constitutional challenges to that same federal law.

Although the dissent from today's order is undoubtedly correct in opining that there's nothing that the parties can say in reaction to last week's SCOTUS ruling that would alter the outcome of the Second Circuit case at this point, it does appear that the Second Circuit is merely following its usual standard procedure in giving the parties a chance to comment before taking action. It is also worth noting that the author of today's order was the more reluctant of the two votes in favor of striking down the federal law when the Second Circuit issued its original decision in the case.
Posted at 03:22 PM by Howard Bashman



"This case concerns the practice of catching yellowfin tuna by encircling dolphins with purse-seine nets." So begins a ruling that a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued today. The issue is whether tuna caught using that type of nets can be labeled "dolphin safe." The federal government would like to answer that question in the affirmative, but today's ruling disagrees.
Posted at 01:20 PM by Howard Bashman


"A Conversation with Gitmo Lawyer on Proposed DOJ Rules": Amir Efrati has this post at WSJ.com's "Law Blog."
Posted at 12:30 PM by Howard Bashman


Eleventh Circuit Judge Stanley Marcus has lots to say about federal question jurisdiction to decide a petition to compel arbitration under the Federal Arbitration Act: Almost 80 pages, to be exact, consisting of both a majority opinion and a specially concurring opinion criticizing the binding Eleventh Circuit law on which the majority opinion had no choice but to rely.

The specific issue in the case is whether a federal district court has federal question jurisdiction over a petition to compel arbitration if the underlying dispute to be arbitrated itself states a federal question. Apparently four other federal appellate court's have answered "no," but the Fourth and Eleventh Circuits say "yes."

The specially concurring opinion concludes, "This important issue which has split the circuits merits more consideration than either this Court or the Supreme Court has given it."
Posted at 12:18 PM by Howard Bashman



"Rough Justice: Behind the scenes with the American advisers to the Iraq v. Saddam Hussein court." This article will appear in the May 2007 issue of the ABA Journal.
Posted at 11:48 AM by Howard Bashman


Eighth Circuit examines a university's liability for a professor's alleged violation of a student's right to be free from sexual harassment: You can access today's ruling, by a unanimous three-judge panel, at this link.
Posted at 11:44 AM by Howard Bashman


Ninth Circuit Judge Alex Kozinski's take-down of blogs is itself taken down: Far be it from me to try to explain how or why things happen on the internet, but thanks to a post this morning at "Above the Law" titled "Kozinski on Blogs: 'Hateful Things,'" I note that both the audio and transcript of Judge Kozinski's remarks that I've linked to here and here are now gone from the web. "Above the Law" states that "The audio link is down," but the web site that hosted the audio and transcript remains on-line; all that's unavailable are the audio and text of Judge Kozinski's talk. Perhaps Judge Kozinski's dislike of blogs extends to a dislike of podcasts of his remarks expressing a dislike of blogs.

Fortunately, at least as of this moment, you can still download via this link the mp3 audio file in which Judge Kozinski spoke about "How Appealing." [Update: As of shortly after 3 p.m. eastern time, that direct mp3 download likewise no longer functions. Perhaps someone no longer wants this audio file to be readily available.] I've saved a copy of that audio file on my hard drive, allowing me to post it myself if the "Tech LawForum" web site hosted by the High Tech Law Institute at Santa Clara Law School now decides to remove direct access to the mp3 file as well.

The "Above the Law" post states, "Why is Kozinski picking on Bashman? How Appealing is the opposite of grandiloquent; it's essentially a just-the-facts clearinghouse for the day's news." At "Patterico's Pontifications," Patterico writes, "Let's hope Kozinski was just kidding. After all, Howard Bashman is the last guy you'd want to pick on for being flowery and self-indulgent -- and his site is tremendously useful. Either Judge Kozinski was kidding, or he just doesn't know what he's talking about here."

A judicial law clerk emails, "I'll echo what the California district court clerk said, but this time coming from the Eighth Circuit. There is only one website that has a shortcut on my desktop, and it's How Appealing. You're my morning newspaper for all things legal. Judge wonders how we get PDFs of Supreme Court opinions before they're posted on the Supreme Court website, and it's because of your speed. You certainly are 'the authority' for appellate happenings for this chambers."

And from a U.S. Courts email address in the Northern District of Georgia comes an email stating, "Am I the only one who read Judge Kozinski's comments about your blog as having been made very tongue-in-cheek. I interpreted his remarks as a back-hand compliment (since I know that you and he have traded quips over the years), but I see other people who seem to be up in arms over the judge's statement. I am curious to know how YOU interpreted his remarks."

Judge Kozinski and I supported opposite sides in the battle over whether to adopt Federal Rule of Appellate Procedure 32.1, which allows parties to cite to unpublished and non-precedential federal appellate court rulings. He was quite personally invested in efforts to defeat that rule, but ultimately the rule change was approved. He and I also disagree over whether the Ninth Circuit should be divided. But, the person who can best explain whether and, if so, why Judge Kozinski doesn't like this blog (or me or my opinions on issues) isn't me.

Of course, to the extent that I do publicly express opinions on controversial issues (which isn't often, and typically those issues are controversial only among fellow law geeks), and some people think less of me as a result, that's a risk that I've knowingly and willingly taken. So, there are certainly no regrets here.

Update: And this just in from a Chief Judge who's emailing over the BlackBerry: "Just a note to tell you that Kozinski is SO off base, but you already knew that. Better than that, however, his comments were just gigged by Dahlia Lithwick, of Slate -- who is speaking on Blogging at the Annual Conference of Chief Judges. You have a lot of fans in here."
Posted at 11:34 AM by Howard Bashman



On today's broadcast of NPR's "Morning Edition": The broadcast contained audio segments entitled "Court Decision Energizes Abortion Debate on Capitol Hill" and "Medical Progress Shifts the Abortion Debate" (RealPlayer required).
Posted at 09:20 AM by Howard Bashman


"Penalty for refusing drunk test applies even if driver in parked car, court rules": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "A suspected drunken driver can have her license suspended for refusing to be tested for alcohol, even though police only found her passed out in the car and never actually saw her driving, the state Supreme Court ruled Thursday."

You can access yesterday's ruling of the Supreme Court of California at this link.
Posted at 09:14 AM by Howard Bashman



"Reflections on the New Abortion Ruling and the Roberts Court": Dorothy Samuels has this Editorial Observer essay today in The New York Times.

And today in The Boston Globe, columnist Ellen Goodman has an op-ed entitled "Regulating women."
Posted at 09:10 AM by Howard Bashman



"Dirty words as bad as pictures, court rules": The Journal News of Westchester, New York today contains an article that begins, "Sexually explicit words are just as bad as nude pictures when they're sent to children over the Internet, the state's highest court has decided."

Gannett News Service reports that "State's highest court reverses ruling on Internet porn."

And The Associated Press provides a report headlined "Court: No need for images to convict on anti-pedophile law."

You can access yesterday's ruling of the New York State Court of Appeals -- that State's highest court -- at this link.

For those interested in this subject, the October 9, 2006 installment of my weekly "On Appeal" column for law.com was headlined "Text This: Words Alone Can Violate Federal Obscenity Laws."
Posted at 09:07 AM by Howard Bashman



"Spitzer Seeks Raise for Judges, Not Legislators": The New York Times contains this article today.

And The Times-Union of Albany, New York reports today that "Raises rise to top of agenda; State senators back measure that would increase pay for judges, and for themselves."
Posted at 08:54 AM by Howard Bashman



"Lam's work honored by county bar association; Dignity after dismissal cited by board member": This article appears today in The San Diego Union-Tribune.
Posted at 08:47 AM by Howard Bashman


Iowa man was well-liked; the bombs he allegedly mailed to financial institutions, not so much: The Associated Press reports that "Man Accused of Mailing Bombs Well Liked."

And The Telegraph Herald of Dubuque, Iowa contains an article headlined "Neighbor: 'The Bishop' bomb suspect a 'super cool' guy; Some who know him say Tomkins was a good family man."
Posted at 08:45 AM by Howard Bashman



"Senate okays civil unions; parties divided; Gov. Lynch has already said he'll sign bill": This article appears today in The Concord (N.H.) Monitor.

And The New York Times reports today that "New Hampshire Senate Votes to Allow Same-Sex Civil Unions."
Posted at 08:42 AM by Howard Bashman



"Jurists uphold bar critic's gagging; A Balboa Island woman can be stopped from making defamatory comments about a local bar, the California Supreme Court ruled Thursday": The Orange County Register today contains an article that begins, "A Balboa Island woman who is accused of saying that workers at a neighborhood bar of peddled child porn, had Mafia ties and worked for Satan can be barred from making such comments without having her free-speech rights violated, the California Supreme Court ruled Thursday. The ruling caps a six-year legal saga that stemmed from statements made by Anne Lemen about the Balboa Island Village Inn, a tavern and restaurant open since the 1920s. As a result, slander and libel cases typically resolved with fines could instead be handled through outright bans on defamatory speech, a possibility that worried some observers."

Today in The Los Angeles Times, Maura Dolan reports that "State supreme court moves to limit speech; State justices for the first time rule that defendants can be barred from making defamatory statements in the future."

And in The San Francisco Chronicle, Bob Egelko reports that "State's top court says statements ruled slanderous can't be repeated."

My earlier coverage of yesterday's ruling of the Supreme Court of California can be accessed here.
Posted at 08:37 AM by Howard Bashman



"Probe of White House political operations moves ahead; Special counsel sets up procedures to investigate the firing of a U.S. attorney and missing White House e-mails": The Los Angeles Times contains this article today.

And in today's issue of USA Today, Raul Reyes has an op-ed entitled "Why are Gonzales' amigos so silent?"
Posted at 08:15 AM by Howard Bashman



"U.S. Wants to Limit Guantanamo Detainees' Access to Lawyers": This article appears today in The Washington Post.

And The New York Times today contains an editorial entitled "After the Lawyers" that begins, "It can be hard to tell whom the Bush administration considers more of an enemy at the Guantanamo Bay detention camp: the prisoners or the lawyers."
Posted at 07:55 AM by Howard Bashman



"Immigration-Related Cases Clog Courts": The Associated Press provides a report that begins, "Immigration-related felony cases are swamping federal courts along the Southwest border, forcing judges to handle hundreds more cases than their peers elsewhere."
Posted at 07:50 AM by Howard Bashman


Thursday, April 26, 2007

Available online from law.com: Marcia Coyle has an article headlined "Scandal Over U.S. Attorneys' Firing Could Cloud Other Cases; Defense attorneys could raise politics as a factor in a variety of investigations."

And in other news, "N.Y. High Court: Davis Polk Didn't Commit Malpractice, Is Entitled to Fee." You can access at this link today's ruling of the New York State Court of Appeals.
Posted at 11:14 PM by Howard Bashman



"Court: Insults can be barred; Balboa Island woman's accusations against bar can be blocked if found defamatory, state Supreme Court says." The Orange County Register provides this news update.

My earlier coverage of today's ruling of the Supreme Court of California can be accessed here.
Posted at 10:30 PM by Howard Bashman



"Chief Justice Denies Detainees' Request": The Associated Press provides a report that begins, "Chief Justice John Roberts on Thursday denied a request to step in and prevent cases of prisoners at Guantanamo Bay from being thrown out of court."

And at "SCOTUSblog," Lyle Denniston has a post titled "Chief Justice denies detainees' pleas."

You can access at this link today's Opinion in Chambers of Chief Justice John G. Roberts, Jr. in his capacity as Circuit Justice for the U.S. Court of Appeals for the D.C. Circuit.
Posted at 10:18 PM by Howard Bashman



"I can't really have breakfast, really enjoy my day, until I hear the great thoughts of Howard Bashman": Thanks to Ninth Circuit Judge Alex Kozinski for the kind -- at least when taken entirely out-of-context -- words.

At "The Volokh Conspiracy," Orin Kerr has a post titled "Judge Kozinski and the Blogosphere."

At law.com's "Legal Blog Watch," Carolyn Elefant has a post titled "Justice Kozinski Gives a 'Shout-Out' to Howard Bashman."

And at "Begging The Question," Milbarge has a post that begins, "Unlike Judge Kozinski, I do check Howard Bashman's site before I eat breakfast every day." And so does Law Professor Rick Hasen.

A law clerk who works at a California-based federal district court emails, "If that's all that Judge Kozinski said about your blog, I think he missed the point of what you do. Although I enjoy your light introductions to a topic or event, I read your blog to be timely introduced to events just occurring in the legal world, especially judicial decisions. Your links to just-issued decisions are invaluable, including those authored by Judge Kozinski. More than once, you have identified a case or other legal happening directly relevant to something on which I am working. Don't be discouraged."

And a well-known criminal defense attorney based in Atlanta emails, "That quote is hilarious. Why donít you provide more insight into your view of his lack of pre-occupation with your thoughts? I want to know how long at a time can you go without thinking of him?"
Posted at 09:03 PM by Howard Bashman



The AP is reporting: Now available online are articles headlined "Political Skirmish Over Guantanamo" and "Lawsuit Targets 'Spam Harvesters.'"
Posted at 04:33 PM by Howard Bashman


"Roberts Pans Texas Death Penalty Opinion": The Associated Press provides a report that begins, "When Chief Justice John Roberts took his center seat for the first time in October 2005, John Paul Stevens, the court's senior justice, wished him 'a long and happy career in our common calling.' This week, Roberts had some words for Stevens, who turned 87 last week. And they were not nearly so kind. In a pointed dissent from decisions overturning death sentences for two Texas inmates, Roberts accused Stevens of engaging in revisionist history."

Later, the article notes that "Justice Anthony Kennedy, by contrast, is having the kind of year most judges only dream about.... Kennedy is a robust 31-1 in signed opinions issued since the court began its current term in October. He is 12-0 in 5-4 cases, the only justice in that narrow majority each time in cases concerning abortion, the death penalty and global warming."
Posted at 04:00 PM by Howard Bashman



In free speech-related rulings from the Supreme Court of Washington State: The Seattle Times provides a news update headlined "State high court rules Westlake Center had a right to limit war protesters" that begins, "In a 7-2 vote on free speech, the state Supreme Court ruled that Westlake Center officials were within their right to ask Iraq war protesters to lower their picket signs walking between the mall and the monorail station."

And The Seattle Post-Intelligencer provides a news update headlined "Court: Rights of anti-war protesters in Westlake were not violated."

Today's ruling in Sanders v. City of Seattle consists of a majority opinion, a concurring opinion, and two dissenting opinions (here and here).

In coverage of a separate ruling that Washington State's highest court issued today, The Associated Press provides a report headlined "WA court: Radio talk show hosts exempt from campaign finance laws." Back in June 2006, just after the case had been argued, The Seattle Times published an article headlined "Talk-radio case heard by state high court."

Today's ruling in San Juan County v. No New Gas Tax consists of a majority opinion and a concurring opinion.

At "The Volokh Conspiracy," Eugene Volokh has written several posts about this decision, including one titled "What About Bloggers Arguing for Ballot Measures in Washington State?"

In the interest of full disclosure, yesterday I had the pleasure of meeting Washington State Supreme Court Justice Richard B. Sanders, who was in attendance at the Heritage Foundation event in which I participated yesterday.
Posted at 02:57 PM by Howard Bashman



"Defendant in the present case objects to the imposition of an injunction prohibiting her from repeating statements the trial court determined were slanderous, asserting the injunction constitutes an impermissible prior restraint. We disagree." So states the majority opinion of the Supreme Court of California today in a ruling that issued in the case captioned Balboa Island Village v. Lemen.

The paragraph of the majority opinion from which the title of this post is excerpted states, in full:

Defendant in the present case objects to the imposition of an injunction prohibiting her from repeating statements the trial court determined were slanderous, asserting the injunction constitutes an impermissible prior restraint. We disagree. As explained below, an injunction issued following a trial that determined that the defendant defamed the plaintiff that does no more than prohibit the defendant from repeating the defamation, is not a prior restraint and does not offend the First Amendment.
Later, the majority opinion explains, "The United States Supreme Court has never addressed the precise question before us -- whether an injunction prohibiting the repetition of statements found at trial to be defamatory violates the First Amendment. But several high court decisions have addressed related questions, and each is consistent with our holding that a court may enjoin the repetition of a statement that was determined at trial to be defamatory."

Two justices dissented, and they reasoned that the injunction constituted an impermissible prior restraint on speech and that the plaintiff had failed to demonstrate that damages were insufficient to compensate the plaintiff for any harm that resulted from further repetition of the defamation.

This appears to be a very interesting decision. My preview of today's ruling, which I posted this morning, can be accessed here.
Posted at 02:27 PM by Howard Bashman



Tort claims arising from the less than perfect landing of Southwest Airlines flight 1248 in a snowstorm at Chicago Midway International Airport on December 8, 2005 belong in state court, Seventh Circuit holds: Chief Judge Frank H. Easterbrook issued this decision today on behalf of a unanimous three-judge Seventh Circuit panel.
Posted at 12:54 PM by Howard Bashman


"Justice Alito, Path Dependency, and Stare Decisis: A Bit More on the WRTL Argument." Law Professor Rick Hasen has this post at his "Election Law" blog.
Posted at 12:45 PM by Howard Bashman


"Court says sweat patches are reliable": The Associated Press provides this report on a decision that Retired Justice Sandra Day O'Connor issued yesterday on behalf of a unanimous three-judge Eighth Circuit panel. My earlier coverage appears at this link.
Posted at 11:40 AM by Howard Bashman


Don't hate the player: While speaking to a law school class on the subject of cyberlaw, Ninth Circuit Judge Alex Kozinski opines about blogs:
I just think it's so self-indulgent, you know. Oh, I'm so proud of what I'm saying, I think the world instantly wants to know what I'm thinking today. People wake up thinking, hmm, what does this person, whoever the blog, the question is -- I wonder what great thoughts have come into his mind this morning that I can feel myself edified by. I can't really have breakfast, really enjoy my day until I hear the great thoughts of Howard Bashman -- I don't think so. I go for months without ever knowing what Howard has to say. So I don't know. I find it sort of self-indulgent. And I find it so grandiloquent.
Transcript here (edited to conform to audio); audio available via direct link (access segment labeled "Introduction") or mp3 download. Thanks to Law Professor Eric Goldman for making this available.
Posted at 11:30 AM by Howard Bashman


"The Catholic Connection, Rosie and the Supreme Court": Tony Mauro has this post today at "The BLT: The Blog of Legal Times."
Posted at 11:12 AM by Howard Bashman


"Supreme Court Hears Arguments on Restricting Campaign Ads": This segment (transcript with link to audio) featuring Marcia Coyle of The National Law Journal appeared on yesterday evening's broadcast of the PBS program "The NewsHour with Jim Lehrer."
Posted at 11:04 AM by Howard Bashman


On today's broadcast of NPR's "Morning Edition": The broadcast contained audio segments entitled "White House Political Office Subject of Probe"; "FBI Rewrites Rules on National Security Letters"; "New Hampshire Leans Toward Civil-Union Bill"; and "Abortion Debate: Right to Life Spokesman" (RealPlayer required).
Posted at 11:00 AM by Howard Bashman


Supreme Court of California to decide First Amendment implications of injunction prohibiting defendant from continuing to repeat defamatory statements to third-parties: California's highest court has announced that it plans to issue a ruling today in a case captioned Balboa Island Village v. Lemen. The case presents the following question:
When a trial court has found that a defendant in a defamation action has made repeated untruthful defamatory statements against the plaintiff and that pecuniary compensation would not afford adequate relief in the event of repeated statements in the future, may the trial court issue an injunction prohibiting defendant from continuing to make the same defamatory statements to third parties or does such an injunction constitute an unconstitutional prior restraint on speech?
The ruling is scheduled to appear online at 1 p.m. eastern time today, and you can access it via this link.

Back on January 29, 2007, Maura Dolan of The Los Angeles Times reported on the case in an article headlined "Woman's crusade against bar spawns free speech case; Anne Lemen just wants to say what she pleases about a Balboa Island restaurant and bar; A court has forbidden her to, and that sets up a dispute over prior restraint."

The ruling under review from California's Court of Appeal for the Fourth District can be accessed here.

Finally, Peter Blumberg of the Daily Journal of California discussed the case in an essay entitled "Citation Rules Mean Equal Treatment Isn't Guaranteed."
Posted at 10:20 AM by Howard Bashman



"Equality in the War on Terror": Law Professor Neal K. Katyal has posted this article (abstract with link for download) online at SSRN. The article will appear in a forthcoming issue of Stanford Law Review.
Posted at 09:50 AM by Howard Bashman


"How feds got bomb suspect: Iowa man accused of threatening companies to inflate stock prices." This article appears today in The Chicago Tribune. The newspaper also contains an editorial entitled "The sleuths and The Bishop." And the newspaper has posted online at this link a copy of the federal criminal complaint filed in the case.

USA Today reports today that "Man accused of threatening companies with bombs."

The Des Moines Register reports that "Feds arrest Iowan for mail bombs; John Tompkins of Dubuque allegedly sent threats as the 'Bishop.'"

And The Telegraph Herald of Dubuque reports that "Dubuque man arrested in pipe-bomb case."
Posted at 09:45 AM by Howard Bashman



"Justices may ease limits on 'issue ads'; Some groups may be permitted to mention candidates in preelection spots, exempting them from a broadcast ban": David G. Savage has this article today in The Los Angeles Times.

In today's issue of USA Today, Joan Biskupic reports that "Justices look set to allow 'issue ads' naming candidates."

In The Boston Globe, Charlie Savage reports that "Campaign finance law challenged; Justices review McCain-Feingold."

In The New York Sun, Joseph Goldstein reports that "Some Justices Appear Ready To Rule Against McCain-Feingold."

And The Milwaukee Journal Sentinel reports that "Campaign finance law returns to court; Abortion foes tell U.S. justices that speech was curbed."
Posted at 09:20 AM by Howard Bashman



"Officer's widow notifies city that she may sue": Today's edition of The New Haven Register contains an article that begins, "The widow of a city police officer who was fatally struck while directing traffic at a road-construction site last October has put the city on notice that she may sue. The notice, filed on behalf of Deanna Picagli and her children, was received April 16 by the city clerk, but it does not mean a lawsuit is imminent."

And today in The Hartford Courant, a letter to the editor appears under the heading "Judge Should Be Prosecuted."
Posted at 09:10 AM by Howard Bashman



"Fewer apply to Yale Law; Officials cite normal trends as reason behind 10% drop in Law School applications": The Yale Daily News contains this article today.
Posted at 08:54 AM by Howard Bashman


"Renzi Aide Called U.S. Attorney to Ask About Probe; Chief of Staff Inquired About Land Deal Investigation; Prosecutor Among Eight Who Were Fired": This article appears today in The Washington Post, along with an article headlined "Hill Subpoenas Approved for Rice, Other Bush Officials; As Democrats Seek Administration Testimony on Various Issues, Ex-Justice Aide Receives Limited Immunity." Dana Milbank's "Washington Sketch" column is headlined "'Subpoenafest': Democratic Tigers and Republican Guerrillas." And columnist Robert D. Novak has an op-ed entitled "Bush's Barricade."

The New York Times today contains an article headlined "Flexing Muscles, Democrats Issue 3 Subpoenas." And an editorial is entitled "Another Dubious Firing."

The Washington Times reports that "Congressional panels subpoena Rice, Rove aide."

And in The Chicago Tribune, columnist Steve Chapman has an op-ed entitled "Man of principle (Peter's)."
Posted at 08:47 AM by Howard Bashman



"Lawyer's Price For Missing Pants: $65 Million." Today in The Washington Post, Metro columnist Marc Fisher has an essay that begins, "When the neighborhood dry cleaner misplaced Roy Pearson's pants, he took action. He complained. He demanded compensation. And then he sued. Man, did he sue. Two years, thousands of pages of legal documents and many hundreds of hours of investigative work later, Pearson is seeking to make Custom Cleaners pay -- would you believe more than the payroll of the entire Washington Nationals roster?"
Posted at 08:37 AM by Howard Bashman


"Spitzer Pushing Bill to Shore Up Abortion Rights": The New York Times today contains an article that begins, "Gov. Eliot Spitzer said Wednesday that he planned to introduce legislation to overhaul the state's pioneering but antiquated abortion law, shoring up abortion rights in New York. The proposal follows the United States Supreme Court's decision last week to uphold the federal Partial-Birth Abortion Ban Act, at a time when several other states are moving to tighten restrictions on abortion."

And Newsday reports today that "Spitzer to push abortion bill."
Posted at 08:30 AM by Howard Bashman



"N.H. Is Set To Approve Same-Sex Civil Unions": This front page article appears today in The Washington Post.
Posted at 08:24 AM by Howard Bashman


"EPA Accused of Flouting Supreme Court": The Associated Press provides this report.

And The Los Angeles Times reports today that "State may sue EPA over clean air law; The governor says he wants action on 2005 bid to cut greenhouse gas emissions from vehicles."
Posted at 08:20 AM by Howard Bashman



"Supreme Confusion: The Supreme Court's most recent decision on abortion is part of a bigger problem." Law Professor Charles Fried has this op-ed today in The New York Times.

And today in The Washington Times, Paul Greenberg has an op-ed entitled "A small step toward life."
Posted at 08:10 AM by Howard Bashman



"Court Asked to Limit Lawyers at Guantanamo": The New York Times today contains an article that begins, "The Justice Department has asked a federal appeals court to impose tighter restrictions on the hundreds of lawyers who represent detainees at Guantanamo Bay, Cuba, and the request has become a central issue in a new legal battle over the administration's detention policies. Saying that visits by civilian lawyers and attorney-client mail have caused 'intractable problems and threats to security at Guantanamo,' a Justice Department filing proposes new limits on the lawyers' contact with their clients and access to evidence in their cases that would replace more expansive rules that have governed them since they began visiting Guantanamo detainees in large numbers in 2004."
Posted at 08:05 AM by Howard Bashman


"Justices, 5 to 4, Overturn 3 Texas Death Sentences": Linda Greenhouse has this article today in The New York Times.

Today in The Los Angeles Times, David G. Savage reports that "High court overturns 3 death sentences in Texas; The rulings, all decided on 5-4 votes, cite flaws in the state's old system of capital sentencing."

In The Houston Chronicle, Patty Reinert reports that "High court tosses 3 Texas death sentences; Ruling could affect dozens of state's inmates facing execution."

The Dallas Morning News reports that "Three Texas death sentences tossed; Dallas County case included as high court faults jury instruction."

The Austin American-Statesman reports that "U.S. court tosses 3 Texas death sentences; Three Texas death sentences overturned over jury rules, putting 44 more in question."

The San Antonio Express-News reports that "Ruling for 3 Texas inmates offers hope for 47 on death row."

And The Amarillo Globe-News reports that "Death ruling tossed; Decision could be far-reaching."
Posted at 07:55 AM by Howard Bashman



"The Supreme Court's Split Decision to Uphold the Federal 'Partial-Birth Abortion' Ban: Why, Despite the Court's Disclaimers, It Will Be Hugely Influential." Edward Lazarus has this essay today at FindLaw.
Posted at 06:47 AM by Howard Bashman


Wednesday, April 25, 2007

"Prosecutor Leading Probe Into Lawyer's Murder Resigns": law.com provides a report that begins, "The federal prosecutor who was leading the investigation into the still-unsolved murder of Washington, D.C., lawyer Robert Wone abruptly left his post last month, has hired a personal lawyer and will resign on Friday."
Posted at 11:42 PM by Howard Bashman


"This case concerns the reasonable expectation of privacy associated with password-protected computers." A divided three-judge panel of the U.S. Court of Appeals for the Tenth Circuit issued an interesting ruling today in an appeal in which a criminal defendant challenges the search that discovered the presence of child pornography on his computer.

The defendant is an adult who was residing with his elderly parents. The police knocked on the door of the residence one day when the suspect was not home and asked the defendant's elderly parent for permission to search the suspect's computer. The father gave consent, but according to the defendant the computer in question was password protected and the father did not know the password. The police used a program that creates a mirror image of the hard drive and allows the authorities to access the contents of that mirror image without any need for the password.

The majority rejects the defendant's challenge to the permission to search. The dissenting opinion of Senior Circuit Judge Monroe G. McKay begins, "This case concerns the reasonable expectation of privacy associated with password-protected computers. In examining the contours of a third party's apparent authority to consent to the search of a home computer, the majority correctly indicates that the extent to which law enforcement knows or should reasonably suspect that password protection is enabled is critical. We differ, however, over the extent to which the burden of inquiry should rest with law enforcement personnel. More specifically, I take issue with the majority's implicit holding that law enforcement may use software deliberately designed to automatically bypass computer password protection based on third-party consent without the need to make a reasonable inquiry regarding the presence of password protection and the third party's access to that password."
Posted at 11:35 PM by Howard Bashman



"Justices Reconsider Campaign Finance; Some Are Skeptical Of Earlier Ruling": Robert Barnes will have this article Thursday in The Washington Post.
Posted at 09:50 PM by Howard Bashman


"Justices Raise Doubts on Campaign Finance": Linda Greenhouse will have this article Thursday in The New York Times.
Posted at 09:00 PM by Howard Bashman


McClatchy Newspapers are reporting: Michael Doyle has an article headlined "Justices revisit campaign-finance reform, political speech."

And in other news, "Gonzales asked to answer more questions before Congress."
Posted at 08:55 PM by Howard Bashman



On this evening's broadcast of NPR's "All Things Considered": The broadcast contained audio segments entitled "Group Argues Campaign Ad Case in High Court" (featuring Nina Totenberg) and "House Judiciary Panel Gives Goodling Immunity." RealPlayer is required to launch these audio segments.
Posted at 08:54 PM by Howard Bashman


"Dead Duck Walking: The Supreme Court takes on those nasty campaign commercials." Dahlia Lithwick has this Supreme Court dispatch online at Slate.
Posted at 07:44 PM by Howard Bashman


"Supreme Court's Support of McCain-Feingold Law Could Be Weakening": law.com's Tony Mauro provides this news update.
Posted at 07:40 PM by Howard Bashman


"Supreme Court Debates Campaign Finance Act": Robert Barnes of The Washington Post provides this news update.

And James Vicini of Reuters reports that "U.S. court seems split over broadcast political ads."
Posted at 04:40 PM by Howard Bashman



Retired Justice Sandra Day O'Connor issues opinion for a unanimous three-judge Eighth Circuit panel: You can access today's ruling at this link. At issue in the case -- the reliability of sweat patch results to determine whether a probationer has used illegal drugs.
Posted at 04:35 PM by Howard Bashman


"Judge Kozinski Talks About Cyberlaw": Eric Goldman has this post at his "Technology & Marketing Law Blog." You can access the interview audio via this link.
Posted at 04:22 PM by Howard Bashman


"Free Speech Gets Another Day in Court": U.S. Senator Mitch McConnell (R-KY) had this op-ed (pass-through link via "Election Law") yesterday in The Wall Street Journal.

Yesterday at National Review Online, James Bopp Jr. had an essay entitled "Silencing Criticism: The history of sham arguments for McCain-Feingold." And today, Andrew C. McCarthy has an essay entitled "Gonzales and McCain-Feingold: The attorney general abandoned the Right before it abandoned him."

And in the April 30, 2007 issue of The Weekly Standard, Charlotte Allen has an essay entitled "The Right to Life Lobby vs. McCain: They're not fighting about abortion."
Posted at 03:50 PM by Howard Bashman



"High Court Weighs Campaign Ads": This audio segment (RealPlayer required) featuring Dahlia Lithwick appeared on today's broadcast of NPR's "Day to Day."
Posted at 03:35 PM by Howard Bashman


"Top court overturns three Texas death sentences": James Vicini of Reuters provides this report.
Posted at 03:32 PM by Howard Bashman


"Campaign Ad Restrictions May Be Loosened by U.S. Supreme Court": Kristin Jensen and Greg Stohr of Bloomberg News provide this report.

The Associated Press reports that "Court Skeptical of Law's Ad Limits."

At "SCOTUSblog," Lyle Denniston has a post titled "Analysis: 'Blackout' on campaign ads in doubt."

And at his "Election Law" blog, Law Professor Rick Hasen has a post titled "Initial Thoughts on Oral Argument in WRTL."
Posted at 03:30 PM by Howard Bashman



Access online the transcripts of today's U.S. Supreme Court oral arguments: The oral argument transcript in Federal Election Comm'n v. Wisconsin Right to Life, Inc., No. 06-969, can be accessed here.

And the oral argument transcript in Watson v. Phillip Morris Co., No. 05-1284, can be accessed here.
Posted at 03:25 PM by Howard Bashman



Programming note: I'm one of the luncheon speakers today at The Heritage Foundation's Spring 2007 Legal Strategy Forum, which is taking place in Philadelphia. Additional posts will appear here this afternoon.

Update: It was a pleasure to meet so many fans of this blog at the event, and to finally meet in person co-panelist Paul Mirengoff of the "Power Line" blog."
Posted at 10:54 AM by Howard Bashman



"High Court Throws Out 3 Death Sentences": The Associated Press provides this report.
Posted at 10:52 AM by Howard Bashman


"Court rules for Texas death row inmates": Lyle Denniston has this post at "SCOTUSblog." You can access the opinion in Smith v. Texas, No. 05-11304, here and the oral argument transcript here. Justice Anthony M. Kennedy issued the majority opinion in a case that divided the U.S. Supreme Court 5-4.

The Court today also issued decisions in two other death penalty cases that were orally argued together (access the transcript here): Abdul-Kabir v. Quarterman, No. 05-11284 (opinion here) and Brewer v. Quarterman, No. 05-11287 (opinion here).
Posted at 10:05 AM by Howard Bashman



On today's broadcast of NPR's "Morning Edition": The broadcast contained audio segments entitled "High Court Takes Up Campaign-Ad Issue" (featuring Nina Totenberg) and "High Court Ruling Revives Abortion Debate." RealPlayer is required to launch these audio segments.
Posted at 10:04 AM by Howard Bashman


"Federal Judge Withdraws Ruling Against Bush Terror Designations": Today in The New York Sun, Josh Gerstein has an article that begins, "A federal judge has withdrawn a highly publicized ruling she issued last year declaring that President Bush acted unconstitutionally when he designated 27 groups and individuals as terrorists in 2001."
Posted at 09:03 AM by Howard Bashman


"Court Knows Best": Today in The Washington Post, columnist Ruth Marcus has an op-ed that begins, "How nice of Justice Kennedy to look out for me. Goodness knows, if I didn't have the justice and his buddies hovering, I might make a terrible mistake. I mean, I'm so impulsive and muddle-headed, I sometimes don't know what's in my own best interest."
Posted at 09:02 AM by Howard Bashman


"Passengers get the 4th Amendment, too; It's common sense, and safer for the police, for the Supreme Court to grant passengers in cars the same fourth amendment rights as drivers." This editorial appears today in The Los Angeles Times.
Posted at 09:00 AM by Howard Bashman


"Democrats want swifter EPA action on emissions standards; Senators criticize the agency's leader, saying he lacks a sense of urgency in confronting global warming": The Los Angeles Times today contains an article that begins, "The chief of the Environmental Protection Agency came under fire Tuesday from congressional Democrats, who said he had failed to respond more aggressively to the Supreme Court ruling that greenhouse gas emissions could be federally regulated."

And The Boston Globe today contains an article headlined "Act now on emissions, senators tell EPA head."
Posted at 08:57 AM by Howard Bashman



"Mexico City legalizes first-trimester abortions; The bill passes 46 to 19 despite fierce PAN opposition; Backers say thousands of women's lives may be saved": This article appears today in The Los Angeles Times.
Posted at 08:47 AM by Howard Bashman


"For Indian Victims of Sexual Assault, a Tangled Legal Path": The New York Times today contains an article that begins, "As a Cherokee woman charging rape by a non-Indian, Jami Rozell could not go to the tribal court, which handles only crimes by Indians against Indians in Indian country. So after five months of agonizing, she went to the district attorney in Tahlequah, Okla., and testified at a preliminary hearing."
Posted at 08:44 AM by Howard Bashman


"More GOP Senators Critical of Gonzales": This article appears today in The Washington Post.

And The Los Angeles Times reports today that "Critics doubt official looking into Rove; Advocacy groups cite Bloch's ties to the administration."
Posted at 08:42 AM by Howard Bashman



Perhaps with God's help, this Express Mail package will reach its destination tomorrow: The Hartford Courant today contains an article headlined "Ruling: No Religious Displays In Post Office; Resident Wins Suit Against Postal Unit."

The article begins, "A federal judge has ruled that post offices across the country that are run by churches and other organizations cannot promote religion through displays or other promotional materials. In a decision involving a church-run post office in downtown Manchester, the judge sided with a town resident who said his First Amendment rights were violated by the Christian displays."

You can access last week's ruling of the U.S. District Court for the District of Connecticut at this link.
Posted at 08:35 AM by Howard Bashman



"On Wet Road, 'Officer Down'; 2006 Work Zone Accident Detailed": This article appears today in The Hartford Courant, along with a related "911 Transcription."

According to the article, "U.S. Court of Appeals Judge John Walker, a cousin of President Bush's, would be cleared of wrongdoing in the collision that took Picagli's life."
Posted at 08:30 AM by Howard Bashman



"Gay-rights proposals gain in Congress; Measures would add protections": The Boston Globe contains this article today.
Posted at 08:25 AM by Howard Bashman


"Judges, Congress and the Salary Link": Today's installment of Stephen Barr's "Federal Diary" column begins, "For the past 20 years, members of Congress have linked their salaries to those of federal judges as a strategy to avoid the wrath of voters who think lawmakers are overpaid and do not deserve an annual raise."
Posted at 08:22 AM by Howard Bashman


"Justices Weigh Legislators' Right to Fire": Robert Barnes has this article today in The Washington Post.

And The Minneapolis Star Tribune reports today that "High court to decide whether Dayton's dismissal of aide was 'legislative act'; The aide alleges his firing was discrimination and wants the case tried; The former senator says the Constitution protects members of Congress from lawsuits."
Posted at 08:15 AM by Howard Bashman



"Appeals Court Allows Net Phone Company to Continue Signing Up New Customers": This article appears today in The New York Times.

The Washington Post reports today that "Vonage Wins Stay in Verizon Dispute."

The Los Angeles Times reports that "Vonage wins stay of patent ruling."

And c|net News.com reports that "Vonage can keep signing up new customers."
Posted at 08:10 AM by Howard Bashman



"In Seeking Taxes, New York Challenges India and Mongolia in U.S. Supreme Court": Linda Greenhouse has this article today in The New York Times.

And today in The New York Sun, Joseph Goldstein reports that "Diplomats May Be Made To Honor Parking Tickets."
Posted at 08:00 AM by Howard Bashman



"Colo. abortion rights got start 40 years ago today": This article appears today in The Denver Post.
Posted at 07:55 AM by Howard Bashman


"High court to revisit part of law that limits campaign ads; Provision before justices today bans certain ads by corporations, unions": Joan Biskupic has this article today in USA Today.

Today in The Wall Street Journal, Jess Bravin reports that "Court Weighs Campaign Ads; Curbs on Firms, Unions In Run-Up to Elections May Ride on Alito Vote" (free access).

In The Washington Post, Robert Barnes and Matthew Mosk report that "Justices to Consider Finance Law Limits; Campaign Issue Hits Court for 3rd Time." The newspaper also contains an editorial entitled "Judging Campaign Ads: A different Supreme Court revisits the McCain-Feingold law on election financing."

David G. Savage of The Los Angeles Times reports that "Campaign funding rule before Supreme Court; A McCain-Feingold ban on corporate and union-sponsored ads before elections could be overturned or weakened."

The Associated Press reports that "Federal Election Law Faces Challenge."

The New York Times contains an editorial entitled "A Test for the Roberts Court."

In The Washington Times, Bradley A. Smith and Stephen M. Hoersting have an op-ed entitled "McCain-Feingold and free speech."

And at "SCOTUSblog," Lyle Denniston previews the oral argument in a post titled "Election season begins: Argument 4/25/07."
Posted at 07:48 AM by Howard Bashman



The Houston Chronicle is reporting: Today's newspaper reports that "Bible battle ruled moot; Panel rejects the county's request to vacate trial verdict that courthouse display was illegal." My earlier coverage of yesterday's en banc Fifth Circuit ruling appears at this link.

In other news, "A&M officials retain immunity from Bonfire lawsuits." My earlier coverage of yesterday's Fifth Circuit ruling appears at this link.

And an article reports that "Human smuggler could return to prison; 5th Circuit says judge misapplied sentencing rules in truck deaths case." You can access last week's Fifth Circuit ruling at this link.
Posted at 06:50 AM by Howard Bashman



Tuesday, April 24, 2007

Available online from law.com: An article reports that "2nd Circuit Clarifies Rule for Calculating Fees; Client's willingness to pay is focus." You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link.

And in other news, "Paintball-Shooting Toll Collector Can Go Back to Work, Court Says." You can access yesterday's ruling of the Supreme Court of New Jersey at this link.
Posted at 11:33 PM by Howard Bashman



"Appeals court says fight over Bible in courthouse display moot": The Associated Press provides this report.

My earlier coverage of today's en banc Fifth Circuit ruling appears at this link.
Posted at 11:28 PM by Howard Bashman



"Mexico City Legalizes Abortion Early in Term": This article will appear Wednesday in The New York Times.

And The Washington Post on Wednesday will report that "Mexico City's Legislature Votes to Legalize Abortion."
Posted at 11:25 PM by Howard Bashman



"These consolidated appeals arise out of the violent collapse of the Texas A&M University bonfire stack on November 18, 1999, which killed 12 students and injured 27 others." So begins an opinion that a unanimous three-judge panel of the U.S. Court of Appeals for the Fifth Circuit issued today.

And the opinion ends, "For these reasons, we conclude that defendants are entitled to qualified immunity from suit based on plaintiffs' section 1983 claims, and we therefore AFFIRM the summary judgment of the district court dismissing plaintiffs' complaints."
Posted at 11:20 PM by Howard Bashman



"Case of Ex-Senator Argued in High Court": The Associated Press provides this report.
Posted at 09:00 PM by Howard Bashman


"North Dakota passes conditional abortion ban": This article appears today in The Bismarck Tribune.

And The Grand Forks Herald reports today that "N.D. Legislature outlaws abortion in N.D. with 'trigger' bill."
Posted at 08:57 PM by Howard Bashman



"Mexico City lawmakers vote to legalize abortion; Enactment of the bill is expected, as Mexico City mayor Marcelo Ebrard has promised to sign it into law": The Los Angeles Times provides this news update.

The Associated Press reports that "Mexico City Lawmakers Pass Abortion Bill."

And Reuters reports that "Mexico City legalizes abortion, defies Church."
Posted at 08:40 PM by Howard Bashman



In Wednesday's edition of The Christian Science Monitor: Warren Richey will report that "US Supreme Court reviews limits on political ads; Campaign-finance and free-speech issues are involved, and the case could reveal dynamics at the high court."

And Gail Russell Chaddock will have an article headlined "Bush, Congress reach for war's reins; The showdown this week between President Bush and Congress on war funding is a constitutional issue over who controls the military."
Posted at 08:30 PM by Howard Bashman



"Analysis: Limits on Bush's Loyalty?" The AP provides a news analysis that begins, "Attorney General Alberto Gonzales has fewer and fewer supporters in Washington, but he's got the one who counts. The question is: Why does President Bush back him so strongly when so many other Republicans think Gonzales should quit?"
Posted at 05:40 PM by Howard Bashman


"Preliminary Analysis of Oral Argument in Beck ERISA Fiduciary Case": Paul M. Secunda has this post at "Workplace Prof Blog."
Posted at 05:25 PM by Howard Bashman


"Supreme Court Debates Tax Case of International Proportions": law.com's Tony Mauro provides this news update.
Posted at 03:40 PM by Howard Bashman


The Associated Press is reporting: Now available online are articles headlined "EPA Won't Specify Global Warming Plans"; "Mexico City Expected to Allow Abortions"; and "Challenger of Lethal Injection Executed."
Posted at 03:33 PM by Howard Bashman


"Senate workers' rights: skepticism abounds." Lyle Denniston has this post at "SCOTUSblog."

Update: You can access at this link the transcript of today's U.S. Supreme Court oral argument in Office of Sen. Mark Dayton v. Hanson, No. 06-618.
Posted at 03:32 PM by Howard Bashman



Access online today's U.S. Supreme Court oral argument transcripts: The transcript in Permanent Mission of India to United Nations v. City of New York, No. 06-1634, can be accessed here.

And the transcript in Beck v. PACE Int'l Union, No. 05-1448, can be accessed here.
Posted at 03:10 PM by Howard Bashman



Establishment Clause challenge to Bible monument located on the grounds of the Harris County Civil Courthouse is moot, en banc Fifth Circuit rules: You can access today's en banc ruling of the U.S. Court of Appeals for the Fifth Circuit at this link. Three judges dissent from the en banc court's mootness holding, while two judges dissent from the en banc court's refusal to vacate the federal district court's judgment.

According to that second dissent, "Properly framed, the question is whether vacatur is appropriate when voluntary action taken by an appellant moots a case, but the action taken is completely unrelated to the litigation. The question should be answered in the affirmative. Admittedly, the few vacatur rules given to us by the Supreme Court do not directly answer the question, and our Court has not yet squarely addressed it. However, every other circuit court to address the issue has determined that vacatur is appropriate under such circumstances."

I wrote about this case in the September 5, 2006 installment of my weekly "On Appeal" column for law.com, headlined "Monument at Houston Courthouse Tests the Limits of Ten Commandments Rulings."
Posted at 03:00 PM by Howard Bashman



In opposing the ADA claims of proposed local package delivery van drivers who are hard of hearing, UPS obtains rehearing en banc from Ninth Circuit: Back on October 11, 2006, Bob Egelko of The San Francisco Chronicle had an article headlined "Deaf drivers due a chance at UPS jobs, court says; Some may be as safe as rivals with normal hearing, ruling holds." The article begins, "Deaf people who are qualified to drive in every state should have a chance to drive small delivery trucks for United Parcel Service if they show they are as safe behind the wheel as employees with normal hearing, a federal appeals court ruled Tuesday. The Ninth U.S. Circuit Court of Appeals in San Francisco upheld a federal judge's ruling two years ago that UPS, the world's largest private package carrier, violated the Americans With Disabilities Act by refusing to allow deaf employees to compete for jobs driving its smaller trucks, those weighing 10,000 pounds or less."

Circuit Judge Marsha S. Berzon issued that ruling on behalf of a unanimous three-judge Ninth Circuit panel. Yet Judge Berzon was the only active Ninth Circuit judge on that panel, and apparently some of her colleagues on that court were less than enthusiastic about the ruling, as today the Ninth Circuit issued an order granting rehearing en banc in the case.
Posted at 02:40 PM by Howard Bashman



"Vonage, Facing Customer Ban, Wins Extended Stay": Bloomberg News provides this report.

The Associated Press reports that "Vonage Injunction Stayed in Patent Case."

And Reuters provides a report headlined "Vonage says wins court stay in Verizon patent fight."
Posted at 02:30 PM by Howard Bashman



"Thomas Recusal Mystery Solved": At "The BLT: The Blog of Legal Times," Tony Mauro has a post that begins, "For the last two years, Justice Clarence Thomas has consistently recused himself in cases in which Wachovia Bank is a party -- most notably the landmark decision last week in Watters v. Wachovia Bank, a win for federal regulation of national bank subsidiaries."
Posted at 02:23 PM by Howard Bashman


"High Court Weighs Tax Immunity Question": The Associated Press provides a report that begins, "Supreme Court justices cast a skeptical eye Tuesday on claims that U.N. diplomats should not pay property taxes to New York City, despite a lawyer's warning that a ruling for the city could mean higher bills for U.S. sites around the world."
Posted at 02:15 PM by Howard Bashman


In today's mail: A copy of the book "Supreme Discomfort: The Divided Soul of Clarence Thomas" by Kevin Merida and Michael A. Fletcher. The book officially goes on sale today.
Posted at 12:15 PM by Howard Bashman


"Anti-affirmative action ballot issue proposed; Measure could be the hot-button issue of '08 election cycle": The Rocky Mountain News contains this article today.

The Denver Post reports today that "Race, sex emphasis in Colo. targeted; Vote eyed to quash affirmative action."

The Colorado Springs Gazette reports that "Affirmative action may be bound for ballots."

And The Washington Times reports that "Colorado takes aim at race, sex preferences."
Posted at 12:05 PM by Howard Bashman



"In a hole, still digging: Embattled attorney general did himself no favors with evasive, contradictory testimony to Senate panel." This editorial appears today in The Atlanta Journal-Constitution.

The Chicago Tribune today contains an editorial entitled "The man who was not there." In addition, Law Professor Douglas W. Kmiec has an op-ed entitled "Gonzales case merely a footnote."

And in The Boston Globe, columnist Peter S. Canellos has an essay entitled "Support of Gonzales affirms power play."
Posted at 10:54 AM by Howard Bashman



"SJC sends tobacco-money dispute to arbitration panel; State says it is owed $60 million": The Boston Globe today contains an article that begins, "The state Supreme Judicial Court ruled yesterday that a dispute over whether two major tobacco companies have shortchanged Massachusetts by some $60 million in settlement payments over the past two years must be resolved by an arbitration panel, rather than by a state judge."

You can access yesterday's ruling of the Supreme Judicial Court of Massachusetts at this link.
Posted at 10:24 AM by Howard Bashman



Available online from the New England Journal of Medicine: R. Alta Charo, J.D. has an essay entitled "The Partial Death of Abortion Rights."

Michael F. Greene, M.D. has an essay entitled "The Intimidation of American Physicians -- Banning Partial-Birth Abortion."

And Jeffrey M. Drazen, M.D. has an essay entitled "Government in Medicine."

A bit earlier this morning, I linked here to some press coverage of these essays.
Posted at 10:12 AM by Howard Bashman



"The Roberts' Court": Yesterday's broadcast of the public radio program "On Point" featured as guests ABC News correspondent Jan Crawford Greenburg, Law Professor Jeffrey Rosen, and Time magazine national political correspondent Karen Tumulty. You can access the audio online using either RealPlayer or Windows Media Player.
Posted at 09:58 AM by Howard Bashman


"Vote could end Mexico's abortion subculture; If lawmakers decide this week to legalize the procedure, it could signal the demise of a thriving herbal, medicinal and surgical black market": This article appears today in The Los Angeles Times.
Posted at 08:42 AM by Howard Bashman


"Case against University of Phoenix stands; The Supreme Court refuses to throw out a False Claims Act lawsuit alleging loan fraud": Henry Weinstein has this article today in The Los Angeles Times.
Posted at 08:41 AM by Howard Bashman


"Are passengers 'seized' during a police stop? Supreme Court to decide; Justices to decide search rights of passengers when a driver is pulled over." David G. Savage has this article today in The Los Angeles Times.
Posted at 08:40 AM by Howard Bashman


"Reliability of execution drugs is in question; The faulty administration of two of the three chemicals leaves some inmates suffocating and conscious, a report says": The Los Angeles Times contains this article today.
Posted at 08:37 AM by Howard Bashman


"Miers weighed Yang's firing according to Sen. Feinstein": This article appears today in The Hill.

The Los Angeles Times today contains articles headlined "Bush endorses attorney general's testimony on firings; Gonzales 'increased my confidence in his ability to do the job,' president says; But others wonder if the White House fears Rove could be targeted" and "Low-key office launches high-profile inquiry; The Office of Special Counsel will investigate U.S. attorney firings and other political activities led by Karl Rove."

The Washington Times reports that "Gonzales vows to stay in attorney general job."

Bloomberg News reports that "Bush's 'Confidence' May Not Equal Job Security for Gonzales."

And today's installment of Dana Milbank's "Washington Sketch" column in The Washington Post is headlined "Identity Theft? Gonzales Might Know Something About That." The newspaper also contains an editorial entitled "Hearing Problem: What will it take for the president to lose faith in Alberto Gonzales?"
Posted at 08:25 AM by Howard Bashman



"U.S. Supreme Court Abortion Ruling Denounced in Medical Journal": Bloomberg News provides a report that begins, "The U.S. Supreme Court's decision to uphold the Federal Partial Birth Abortion Ban Act was an intrusion by government into the practice of medicine, said doctors writing for the New England Journal of Medicine."

Reuters provides a report headlined "Supreme Court abortion rule chills doctors: journal."

And The Washington Post today contains an article headlined "Va. Law to Be Reconsidered In Wake of High Court Ruling; State's Ban on Procedure Overturned in 2005" that begins, "The Supreme Court decision upholding the federal ban on a controversial abortion procedure started playing out in Virginia yesterday, as the justices ordered a Richmond-based appellate court to reconsider the state law it struck down barring the procedure."
Posted at 08:15 AM by Howard Bashman



"Countries Seek Immunity From NYC Lawsuit": The Associated Press reports here that "The Supreme Court was to hear arguments Tuesday from lawyers representing India and Mongolia, which are fighting New York's effort to collect property taxes from nations that operate diplomatic offices and house their employees in the same buildings."
Posted at 08:12 AM by Howard Bashman


"Equality's Defeat: How Abortion Disserves Equality; Abortion Puts the Burden on Women to Satisfy Corporate America When It Should be the Reverse": Law Professor Douglas W. Kmiec has this interesting post at NPR's "Justice Talking" blog.
Posted at 08:10 AM by Howard Bashman


"At Trial, Pain Has a Witness": Today in The New York Times, John Tierney has an article that begins, "William E. Hurwitz, the prominent doctor on trial here for drug trafficking, spent more than two days on the witness stand last week telling a jury why he had prescribed painkillers to patients who turned out to be drug dealers and addicts. But the clearest explanation of his actions -- and of the problem facing patients who are in pain -- came earlier in the trial."
Posted at 08:07 AM by Howard Bashman


"Jury Selection Is Slow Going in Padilla Terrorism Trial": The New York Times contains this article today.
Posted at 08:00 AM by Howard Bashman


"Ground zero on abortion; Four decades ago, Colorado became first state in the nation to liberalize law": This article appears today in The Rocky Mountain News.

The New York Times reports today that "Breast Cancer Not Linked to Abortion, Study Says."

The Los Angeles Times reports today that "Abortion doesn't boost breast cancer risk, large study finds; The research lasted a decade and involved more than 100,000 women."

And The Chicago Tribune contains an article headlined "Study: No abortion, breast cancer link."

You can access a summary of the study's results at this link.
Posted at 07:55 AM by Howard Bashman



"Court allows reneged bargain; Prosecutors changed deal with Jamal T. Norris after they decided it was too lenient": The Kansas City Star contains this article today.

My earlier coverage of yesterday's en banc Eighth Circuit ruling appears at this link.
Posted at 07:54 AM by Howard Bashman



"Use of Wiccan Symbol on Veterans' Headstones Is Approved": This article appears today in The New York Times.

The Washington Post reports today that "Administration Yields on Wiccan Symbol; Pentacle to Be Permitted on Tombstones in U.S. Military Burial Grounds."

In The New York Sun, Josh Gerstein reports that "Feds Okay Pentagrams for Veterans' Graves."

And The Washington Times reports that "U.S. to allow Wiccan symbols on military graves."
Posted at 07:48 AM by Howard Bashman



"'Issue Ads' Case May Set Limits of Public Discourse in 2008": Today in The New York Sun, Joseph Goldstein has an article that begins, "Congress's effort to curtail the rights of private organizations to pay for political advertisements near Election Day will come under challenge tomorrow before the U.S. Supreme Court in a case that may set the boundaries for public participation in the 2008 electoral cycle."
Posted at 07:44 AM by Howard Bashman


"Pair admit to sex in courthouse; Judge, prosecutor face discipline up to disbarment": This article appears today in The Rocky Mountain News.
Posted at 07:40 AM by Howard Bashman


Monday, April 23, 2007

"Drugs Used in Executions May Cause Paralysis, Pain for Conscious Inmates": The Washington Post on Tuesday will contain an article that begins, "The cocktail of drugs used for lethal injections is unreliable and could render inmates paralyzed but not unconscious, unable to cry out as they experience excruciating pain and eventually suffocate, according to a new scientific analysis."
Posted at 11:57 PM by Howard Bashman


"Cheesy Judges": Saturday in The Wall Street Journal, John Fund had an op-ed (pass-through link via "Confirm Them") that begins, "Last year, candidates for state supreme court seats spent a combined $40 million nationwide. Earlier this month, a whopping $6 million was spent to win a single vacant seat on Wisconsin's state Supreme Court. It seems voters are growing discontented with their judges and increasingly willing to engage in partisan battles over who should sit on the bench."
Posted at 11:14 PM by Howard Bashman


Available online from law.com: An article reports that "DOJ Defections Grow as Prosecutor Firings Controversy Builds; Several key attorneys have left the Department of Justice in the last month alone."

In other news, "Case Before 11th Circuit Will Test Student Threats, Free Speech; Federal appeals court judges to hear of high school student suspended for story about shooting a teacher."

And in news from Florida, "Defense Bar Protests Removal of Plea Deals From U.S. Web Site."
Posted at 10:57 PM by Howard Bashman



"Doctors, Activists Weigh Abortion Ruling": This audio segment (RealPlayer required) appeared on today's broadcast of NPR's "Talk of the Nation."
Posted at 10:54 PM by Howard Bashman


"Faith-Based Justices": ABC News correspondent Jan Crawford Greenburg has this post today at her "Legalities" blog.
Posted at 10:45 PM by Howard Bashman


"Court Weighs Rights of Passengers When Police Stop Cars": Linda Greenhouse will have this article Tuesday in The New York Times.

And Michael Doyle of McClatchy Newspapers reports that "Supreme Court considers case involving searches of car passengers."
Posted at 10:40 PM by Howard Bashman



"Gonzales's Testimony Satisfied at Least One Person, His Boss": This article will appear Tuesday in The New York Times.

And The Washington Post on Tuesday will report that "Bush Asserts Increased Confidence in Gonzales."
Posted at 10:33 PM by Howard Bashman



"The Face-Off Over Partial-Birth Abortion: Judicial restraint and 'facial' challenges." Edward Whelan has this essay today at National Review Online.
Posted at 05:10 PM by Howard Bashman


"Abortion Complaint Against Judge Dropped": In news from Topeka, Kansas, The AP provides a report that begins, "A state panel has dismissed an ethics complaint that abortion opponents filed against a judge who threw out a criminal case against the state's best-known abortion provider."
Posted at 05:00 PM by Howard Bashman


"Passenger Rights Pondered by Court": The Associated Press provides a report that begins, "Is a passenger in a car stopped by police free to get out and walk away? Most Supreme Court justices didn't seem to think so as they took up a case Monday dealing with passengers' rights."
Posted at 04:48 PM by Howard Bashman


Access the transcript of today's U.S. Supreme Court oral argument in Hinck v. United States, No. 06-376: The transcript is at this link.
Posted at 04:02 PM by Howard Bashman


"Reaction to the Oral Argument in Brendlin v. California": Orin Kerr attended today's U.S. Supreme Court oral argument in the case, and he offers these thoughts at "The Volokh Conspiracy."

The Court has posted online at this link the transcript of today's oral argument in Brendlin v. California, No. 06-8120.
Posted at 03:18 PM by Howard Bashman



Access the transcript of today's U.S. Supreme Court oral argument in United States v. Atlantic Research Corp., No. 06-562: The transcript is at this link.
Posted at 02:40 PM by Howard Bashman


Access the transcript of today's online chat with the authors of "Supreme Discomfort: The Divided Soul of Clarence Thomas" by Kevin Merida and Michael A. Fletcher. Available here from washingtonpost.com.
Posted at 01:57 PM by Howard Bashman


"Loss for Whistle Blowers": Inside Higher Ed today provides this report on a decision that the U.S. Court of Appeals for the Eleventh Circuit issued on Friday.
Posted at 12:05 PM by Howard Bashman


En banc Eighth Circuit rules that plea agreement signed by federal prosecutors and criminal defendant cannot be enforced unless accepted by the federal district court: Today's ruling failed to produce a majority opinion, although the vote in favor of the federal government's position on appeal was 8-4.
Posted at 11:45 AM by Howard Bashman


"Abortion Groups Exploit Court Decision, Democrats See Boost": Bloomberg News provides this report.
Posted at 10:25 AM by Howard Bashman


"Supreme Court to Hear Environmental Case": The AP provides a report that begins, "The Supreme Court is scheduled to consider an environmental case Monday that could make it easier for many industrial companies to recover some of the millions of dollars they've spent cleaning up hazardous waste sites."
Posted at 10:22 AM by Howard Bashman


"Court to hear money launder case": Lyle Denniston has this post at "SCOTUSblog."

And in early news coverage, The Associated Press provides reports headlined "Court to Review Money Laundering Case"; "Court Avoids Student Recruiting Case"; and "Summary of Supreme Court Actions Monday."

You can access today's U.S. Supreme Court Order List at this link.
Posted at 10:07 AM by Howard Bashman



"Abortion rights gain ground in Latin America; Mexico City is voting Tuesday on a bill that would legalize abortion": The Christian Science Monitor contains this article today.
Posted at 08:30 AM by Howard Bashman


"An Abortive Decision: The Supreme Court's recent decision moves American jurisprudence in the wrong direction." This editorial appears today in The Harvard Crimson.

Today in The Chicago Tribune, Dennis Byrne has an op-ed entitled "Court ruling abets life, logic."

And in The Washington Post, columnist Robert D. Novak has an op-ed entitled "The Democrats' Partial Pro-Lifers."
Posted at 08:25 AM by Howard Bashman



"Gonzales remains in the spotlight; Key GOP senator says the attorney general's testimony hurt the White House and the Justice Department": The Los Angeles Times contains this article today, along with an editorial entitled "The next attorney general? If Gonzales does step down, Bush would do well to follow the example of Ronald Reagan with a crony-free nomination."

And The Washington Times reports today that "GOP hits Gonzales' 'harmful' testimony."
Posted at 08:14 AM by Howard Bashman



"New York's Most Obnoxious Lawyer": This article appears in the current issue of The Village Voice.
Posted at 08:07 AM by Howard Bashman


"Few Specifics Evident As Padilla Trial Nears; Prosecutor Calls Charge 'Hard to Particularize'": The Washington Post today contains an article that begins, "The trial of Jose Padilla, the 'dirty bomber' whose alleged plotting was used to justify extraordinary presidential power, will get underway next month, and the prosecution's case is rich in atmospherics."
Posted at 07:50 AM by Howard Bashman


"D.C. Circuit Hears Oral Argument Today in Murphy Rehearing": "TaxProf Blog" provides this post today.
Posted at 06:50 AM by Howard Bashman


"DNA to clear 200th person; Pace picks up on exonerations": This front page article appears today in USA Today, along with an article headlined "DNA likely to exonerate man who served 25 years; Parolee seeks to have rape conviction vacated."
Posted at 06:40 AM by Howard Bashman


"'Supreme Discomfort' leaves Clarence Thomas as an open case": Today in The Los Angeles Times, Pulitzer Prize-winning historian David J. Garrow has this review of the book "Supreme Discomfort: The Divided Soul of Clarence Thomas" by Kevin Merida and Michael A. Fletcher.
Posted at 06:32 AM by Howard Bashman


Sunday, April 22, 2007

"John Walker Lindh's Buyer's Remorse": You can access at this link (TimesSelect temporary pass-through link) the installment of Adam Liptak's "Sidebar" column that will appear in Monday's edition of The New York Times.
Posted at 11:15 PM by Howard Bashman


"Specter Says Gonzales Presence Is 'Harmful'": This article will appear Monday in The New York Times.
Posted at 10:35 PM by Howard Bashman


"Clarence Thomas: Slights and resentment shaped philosophy of conservative justice." Today in The Cleveland Plain Dealer, Jonathan Entin has this review of the book "Supreme Discomfort: The Divided Soul of Clarence Thomas" by Kevin Merida and Michael A. Fletcher.
Posted at 10:22 PM by Howard Bashman


"Gone Nuts: When the News Is Already Bizarre, What's a Humorist To Do?" Associate Justice William W. Bedsworth of California's Fourth District Court of Appeal will have this essay in Monday's issue of Legal Times.
Posted at 10:18 PM by Howard Bashman


"Law Prof bloggers at 7th Cir. Conference": Rick Garnett has this post today at the "Mirror of Justice" blog.
Posted at 10:07 PM by Howard Bashman


"The Supreme Court has shed its liberal leanings": Michael Doyle of McClatchy Newspapers provides this report.
Posted at 08:57 PM by Howard Bashman


"Philip Morris: no U.S. agent." Michael P. Shea will have this essay in tomorrow's issue of The National Law Journal about a case to be argued before the U.S. Supreme Court on Wednesday. If this case doesn't result in a 9-0 reversal, I will be surprised.
Posted at 08:47 PM by Howard Bashman


On today's broadcast of NPR's "Weekend Edition Sunday": The broadcast contained audio segments entitled "Discussions on Abortion Ruling Center on Mother's Health" and "Prospects Grim for Attorney General Gonzales."
Posted at 03:55 PM by Howard Bashman


"Whistle-blower's attorneys want high court to revisit case; Justices denied $1 million share of fraud damages": Yesterday's issue of The Rocky Mountain News contained an article that begins, "Attorneys for Rocky Flats whistle-blower Jim Stone are asking the U.S. Supreme Court to admit that it was wrong. They are asking the high court to make a rare reconsideration of its March 27 decision. The court denied Stone a $1 million share in fraud damages paid to the U.S. government by a former operator of the Rocky Flats nuclear weapons plant."

And The Denver Post reports that "Court asked to revisit Flats ruling."
Posted at 03:50 PM by Howard Bashman



"The Embattled Attorney General: Gonzales still has the president's support, for now." The April 30, 2007 issue of U.S. News & World Report will contain this article.
Posted at 03:48 PM by Howard Bashman


"Reading the Abortion Ruling: Is the high court's 'partial-birth' decision a major shift or a narrow exception?" This article will appear in the April 30, 2007 issue of U.S. News & World Report.

Today in The New York Times, columnist David Brooks has an op-ed entitled "Postures in Public, Facts in the Womb" (TimesSelect temporary pass-through link).

And in The Boston Globe, Kenneth C. Edelin has an op-ed entitled "Risking women's health."
Posted at 03:45 PM by Howard Bashman



"Some People Love Guns. Why Should the Rest of Us Be Targets?" Jonathan Safran Foer has this Second Amendment-related op-ed today in The Washington Post.
Posted at 03:37 PM by Howard Bashman


"Court may open door to recruiting; If Supreme Court sides with Tennessee school, it may get crazy with 8th-grade standouts too": Barry Temkin has this essay today in The Chicago Tribune.
Posted at 03:35 PM by Howard Bashman


"The Other Big Story This Week: It was buried in the avalanche of coverage of the horrible shootings at Virginia Tech; But the Supreme Court's partial-birth ruling will likely have a much bigger impact on Campaign." Eleanor Clift has this essay online at Newsweek's web site. And the April 30, 2007 issue of that magazine will contain a related Periscope item headlined "Battles on Three Fronts."

Meanwhile, at Time magazine's web site, Karen Tumulty has an essay entitled "The Abortion Ruling: An Isolated Win?"
Posted at 10:55 AM by Howard Bashman



"Justice Thomas's Life A Tangle of Poverty, Privilege and Race": This front page article -- adapted from the book "Supreme Discomfort: The Divided Soul of Clarence Thomas" by Kevin Merida and Michael A. Fletcher -- appears today in The Washington Post.
Posted at 09:05 AM by Howard Bashman


"Justice Kennedy at center of abortion debate; His majority opinion in a Supreme Court case encourages new laws to urge women not to end pregnancies": David G. Savage has this article today in The Los Angeles Times.
Posted at 09:00 AM by Howard Bashman


Saturday, April 21, 2007

"Abortion again a big issue in campaign; High court ruling puts it back in the political spotlight": This article will appear Sunday in The San Francisco Chronicle.
Posted at 11:55 PM by Howard Bashman


"GOP support for Gonzales continues to deteriorate; The party's No. 3 leader in the House and a Bush ally in the Senate signal it's time for change; The White House holds fast": The Los Angeles Times contains this article today.

The Washington Post today contains articles headlined "Bush Rebuffs GOP Pressure For Gonzales to Step Down; After Testimony, Attorney General Loses Lawmakers' Support" and "Rough Week, Alberto? You Could Say That."

And in The Los Angeles Times, Gary Wolf has an op-ed entitled "Gonzales and the 'hive mind': The attorney general's testimony reveals an administration governed by collective wisdom."
Posted at 11:45 PM by Howard Bashman



"Exiled Cuban militant gets a muted welcome home; The Cuban exile, a former CIA operative accused of terrorism, puts the Bush administration in a bind": This article appears today in The St. Petersburg Times.

The Miami Herald reports today that "Posada is with family but unable to comment; Luis Posada Carriles spent his first full day of freedom welcoming visitors to his home, but the family said they were prohibited from commenting."

The Boston Globe contains an editorial entitled "Cubans can be terrorists, too."

And in The New York Times, Bernardo Alvarez Herrera has an op-ed entitled "A Terrorist Goes Free."
Posted at 11:42 PM by Howard Bashman



"Alberto Gonzales's Disastrous Day: The attorney general bombs before the Senate Judiciary Committee." Byron York has this essay at National Review Online.

Online at The New Republic, Eve Fairbanks has an essay entitled "You're Fired! Republican senators disown Gonzales."

And at Salon.com, Michael Scherer has an essay entitled "The attorney general's 'tremendous credibility problem': Republicans and Democrats alike pummeled Alberto Gonzales in a daylong hearing that left the future of his job in doubt," while Joe Conason has an essay entitled "A Gonzales resignation is not enough: Congress should demand that a special prosecutor get to the bottom of why the U.S. attorneys were fired."
Posted at 11:25 PM by Howard Bashman



"Religious on both sides of abortion debate gear up, cite Supreme Court ruling": This article appears today in The St. Louis Post-Dispatch.

The News & Observer of Raleigh, North Carolina reports today that "Tougher abortion laws unlikely."

The Gainesville Sun contains an article headlined "Area medical professionals react to ban on 'partial-birth' abortions."

Sunday in The Chicago Tribune, columnist Steve Chapman will have an op-ed entitled "The challenge facing abortion-rights advocates."

In The April 30, 2007 issue of The Weekly Standard, Terry Eastland will have an essay entitled "Partial Victory: The Supreme Court defers to Congress."

The Palm Beach Post today contains an editorial entitled "High court lets Congress practice quack medicine."

In The Washington Times, Michael J. McManus has an op-ed entitled "Historic abortion decision."

And at National Review Online, Walter M. Weber has an essay entitled "A Sane Decision: The restoration in Gonzales v. Carhart."
Posted at 11:10 PM by Howard Bashman



"Questions remain about who engineered the firings of U.S. attorneys": McClatchy Newspapers provide this report.
Posted at 10:50 PM by Howard Bashman


"Ruling Changes the Legal Landscape for Abortion": Nina Totenberg had this audio segment (RealPlayer required) on today's broadcast of NPR's "Weekend Edition Saturday."
Posted at 09:02 PM by Howard Bashman


"The New 5-to-4 Supreme Court": Adam Liptak will have this article Sunday in the Week in Review section of The New York Times.
Posted at 08:55 PM by Howard Bashman


"Should Dying Patients Have A Right To Use Experimental Drugs?" That's the subject of this week's broadcast of NPR's "Justice Talking."
Posted at 08:50 PM by Howard Bashman


"Third Circuit keeps Abu-Jamal case; Prosecutors had sought different judges; A ruling for a new death-penalty hearing is under review": The Philadelphia Inquirer contains this article today.

And The Associated Press reports that "Appeals court won't step down from Abu-Jamal case."
Posted at 08:30 PM by Howard Bashman



"Anger and Alternatives on Abortion": The New York Times today contains a news analysis that begins, "The Supreme Court decision on Wednesday to uphold a ban on a type of abortion, has huge political implications but, as a practical matter, is unlikely to have much of an effect. The reason, said Dr. Isaac Schiff, chairman of the department of obstetrics and gynecology at Massachusetts General Hospital in Boston, is that there are safe and readily available alternatives to the banned method, which the law calls partial birth abortion."
Posted at 08:22 PM by Howard Bashman


"W&M professor gets fed judgeship nod; Alan J. Meese and 11 others are contenders to become federal appeals court judges": This article appears today in The Daily Press of Hampton Roads, Virginia.
Posted at 08:15 PM by Howard Bashman


"Don't Assume the Worst: Pro-choice doctors -- and their lawyers -- must read the Supreme Court's decision as an explicit approval of all abortion procedures save one." David J. Garrow has this op-ed today in The New York Times.
Posted at 08:05 PM by Howard Bashman


"Guns, Politics and the Law: The Second Amendment may finally get its day in court." This "Hot Topic" article (free access) appears today in The Wall Street Journal.
Posted at 07:55 PM by Howard Bashman


"Doubting Thomas: The rise of the Supreme Court's most controversial justice." In the Book World section of tomorrow's issue of The Washington Post, Law Professor Kenji Yoshino will have this review of the book "Supreme Discomfort: The Divided Soul of Clarence Thomas" by Kevin Merida and Michael A. Fletcher. The newspaper has also posted online the first chapter of the book.

In the April 30, 2007 issue of Newsweek, Ellis Cose will have an article about the book headlined "Still Keeping Score: Clarence Thomas remains bitter about his confirmation hearings; A new book explains why he won't let it go."

And yesterday's broadcast of NPR's "All Things Considered" contained an audio segment about the book entitled "Powerful Yet Despised: Clarence Thomas' Story" (RealPlayer required).
Posted at 07:30 PM by Howard Bashman



"Court Kills Suit Over 9/11 Air Quality": The Associated Press provides this report.

My earlier coverage of Thursday's Second Circuit ruling appears at this link.
Posted at 08:25 AM by Howard Bashman



"Freed official back on state job; Thompson's action no crime, judges write": The Milwaukee Journal Sentinel today contains an article that begins, "Georgia Thompson, the state worker convicted - then cleared - of improperly steering a contract to a politically connected travel company, might have made a mistake, but she didn't commit a federal crime, according to a Court of Appeals opinion released Friday. Also Friday, it was announced that Thompson, 57, will start a new state job Monday at her old salary of $77,300 a year and get $67,161.46 in back pay."

The Wisconsin State Journal reports today that "Court tells why it freed Thompson."

And The Associated Press reports that "Court Says Wis. Worker No Criminal."

My earlier coverage of yesterday's Seventh Circuit opinion appears at this link.
Posted at 08:24 AM by Howard Bashman



"Supreme Court to weigh Right to Life's challenge to McCain-Feingold law": This article appeared yesterday in The Capital Times of Madison, Wisconsin.
Posted at 08:20 AM by Howard Bashman


Available online from National Public Radio: Yesterday's broadcast of "All Things Considered" contained an audio segment entitled "Bush Administration Urges Changes to FISA."

And yesterday's broadcast of "Morning Edition" contained audio segments entitled "Gonzales Defends Attorney Firings to Skeptical Senate" (featuring Nina Totenberg) and "Was Pressure on Prosecutors a Partisan Issue?"

RealPlayer is required to launch these audio segments.
Posted at 08:15 AM by Howard Bashman



"Voters need citizenship proof; Appeals Court makes ruling on Prop. 200 challenge": The Arizona Republic today contains an article that begins, "The 9th U.S. Circuit Court of Appeals said Friday that Arizona can continue requiring people to prove citizenship when they register to vote."

And The Associated Press reports that "Court Rejects Blocking Ariz. Voter Law."

You can access yesterday's Ninth Circuit ruling at this link.
Posted at 08:10 AM by Howard Bashman



Friday, April 20, 2007

Available online from law.com: Tony Mauro reports that "Kennedy Reshapes Abortion Conflict as He Refines 'Swing Vote' Role; In a controversial 5-4 ruling, the Supreme Court found no medical exception needed for some abortion restrictions."

In other news, "Gonzales Hearing Showcases Policy Shift; Since 2002, more than 100 White House employees have had access to information on criminal investigations."

In news from Texas, "A Lawyer and an Ass Walk Into a Courtroom ...; Donkey is called as first witness in attorney's suit against neighbor."

And the brand new installment of my "On Appeal" column for law.com is headlined "The Trial Judge as Adversary on Appeal."
Posted at 11:45 PM by Howard Bashman



"S.F. program may trump Prop. 209": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "A state appeals court has given San Francisco a chance to reinstate its affirmative action program for minority and female contractors, saying a history of discrimination may justify preferential treatment despite California's Proposition 209. A judge who struck down the program in 2004 failed to review San Francisco's claims that long-standing and pervasive discrimination by both city employees and contractors caused firms owned by minorities and women to be excluded from winning city business, the First District Court of Appeal ruled Wednesday. If San Francisco can prove those claims, it may be able to show that the U.S. Constitution's guarantee of equal protection requires the city to grant preferences to minority and female contractors to eliminate the effects of discrimination. That would override Prop. 209, a 1996 initiative that banned race and sex preferences in public contracting, employment and education, the court said."

You can access Wednesday's ruling of California's First District Court of Appeal at this link.
Posted at 11:40 PM by Howard Bashman



"Arnold kills death chamber project at San Quentin": Henry Weinstein of The Los Angeles Times provides a news update that begins, "Gov. Arnold Schwarzenegger today halted construction of a new death chamber at San Quentin prison, the latest setback for authorities trying to resume executions after a 15-month hiatus triggered by a challenge to the state's procedures for lethal injections. The order came after legislators complained vociferously that they had not been consulted about the project, which apparently was conducted in secret."
Posted at 11:33 PM by Howard Bashman


"Posada in Miami, but he can't leave; Cuban exile militant Luis Posada Carriles is back at his family home in Miami, but his legal battles are not over yet": This article appears today in The Miami Herald.

And The Los Angeles Times today contains an editorial entitled "A terrorist walks: Luis Posada Carriles has boasted of bombing Havana hotels, yet American justice lets him go free."
Posted at 11:30 PM by Howard Bashman



"Bad News, Good News Day for Al-Arian": Josh Gerstein of The New York Sun provides this news update, in which I am quoted.
Posted at 10:28 PM by Howard Bashman


"Gonzo for Gonzo: Maybe Alberto Gonzales was brilliant yesterday--and everybody missed it." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 07:25 PM by Howard Bashman


Happy birthday to Justice John Paul Stevens: According to The AP's popular "Today in History" feature, Justice Stevens turns 87 years old today.
Posted at 07:20 PM by Howard Bashman


"Church + State": Philadelphia Inquirer editorial cartoonist Tony Auth has this controversial depiction of the U.S. Supreme Court today in that newspaper.

That newspaper today also contains an editorial entitled "The Abortion Ruling: Supreme activism."

Update: Rick Garnett comments here at "PrawfsBlawg."
Posted at 05:25 PM by Howard Bashman



Rehearing en banc sought in Fourth Circuit Waffle House racial epithet case: This week's installment of my "On Appeal" column for law.com is headlined "The N-Word and a Plaintiff's Right to His Day in Court."

Therein, I argue that the majority on a divided three-judge Fourth Circuit panel reached the wrong result when applying issue preclusion in this recent ruling involving the alleged use of a racial epithet by a Waffle House employee.

Today, plaintiffs' counsel filed this petition for rehearing en banc in the case.
Posted at 04:20 PM by Howard Bashman



"Ninth Circuit Decides (Sort of) Purcell Voter Identification Case on Remand from the Supreme Court": Law Professor Rick Hasen has this post at his "Election Law" blog reporting on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 04:10 PM by Howard Bashman


Former State of Wisconsin employee Georgia Thompson, still acquitted: Fifteen days ago, a three-judge Seventh Circuit panel took the extraordinary step of issuing a judgment of acquittal at the conclusion of oral argument, with the court's opinion to follow. Later that day, the federal prisoner in question walked away a free woman. My initial coverage of that day's developments appear in my post from that night.

One of the only potential downsides with "an opinion to follow" is what if the appellate court changes its mind? Georgia Thompson doesn't have to worry about that happening any longer, because today the Seventh Circuit issued this opinion explaining the reasons why it issued a judgment of acquittal from the bench immediately following oral argument.
Posted at 04:00 PM by Howard Bashman



"Court Backs EPA Chief in 9/11 Toxins Case": Joseph Goldstein has this article today in The New York Sun.

My earlier coverage of yesterday's Second Circuit ruling can be accessed here.
Posted at 03:55 PM by Howard Bashman



"Al, the President's Man: Alberto Gonzales is bloodied by his trip to the Senate." Dahlia Lithwick has this jurisprudence essay online at Slate, where the "Gonzo-Meter" today indicates a 95% chance of departure.
Posted at 03:40 PM by Howard Bashman


On this date in "How Appealing" history: One year ago today, "How Appealing" joined the law.com blog network. And that was far from the most interesting thing that this blog reported on that day.
Posted at 03:35 PM by Howard Bashman


"Commerce further found that the expectations of the ultimate users of etouffee differ from the expectations of the ultimate users of crawfish tail meat because etouffee is suitable only for heating and serving, whereas freshwater crawfish tail meat could be used in a variety of meals." This decision that the U.S. Court of Appeals for the Federal Circuit issued today may cause some readers to long for a Cajun feast.
Posted at 11:28 AM by Howard Bashman


"'Survivor' champ talks about his experiences": The Yale Daily News today contains an article that begins, "Yul Kwon LAW '00 has certainly stepped off the typical Yale Law School career path. 'You may think Yale Law School is a place for nerds,' Law School Dean Harold Koh said on Thursday. 'But in fact, People Magazine voted Yul the sexiest man of 2006.'"
Posted at 08:14 AM by Howard Bashman


"Ginsburg's dissent may yet prevail; The justice argues that equality, not privacy, is crucial in the abortion right": Law Professor Cass R. Sunstein has this op-ed today in The Los Angeles Times.
Posted at 08:11 AM by Howard Bashman


"Md. abortion change unlikely; Lawmakers see no immediate change despite Supreme Court ruling": The Baltimore Sun contains this article today.
Posted at 08:00 AM by Howard Bashman


"Senators Chastise Gonzales at Hearing; Members of His Own Party Pile On as Attorney General Defends Firings": This front page article appears today in The Washington Post. A related article is headlined "Gonzales Says He Didn't Know Why Two Were Fired." An editorial is entitled "Roughed Up on the Hill: The attorney general makes a poor case for keeping his job." And Dana Milbank's "Washington Sketch" column is headlined "Maybe Gonzales Won't Recall His Painful Day on the Hill."

The Los Angeles Times reports today that "Senators aim stiff criticism at Gonzales; Unsparing lawmakers question the attorney general's credibility as he minimizes his role in prosecutors' firings."

The New York Times contains a news analysis headlined "On a Very Hot Seat With Little Cover and Less Support." And an editorial is entitled "Gonzales v. Gonzales."

In The Boston Globe, Charlie Savage reports that "Gonzales gets grilling, vows to stay." And an editorial is entitled "No support for either Gonzales."

The Chicago Tribune reports that "Gonzales hit from both sides; Attorney general gets bipartisan lashing during Senate testimony." And an editorial is entitled "Grilling Gonzales."

USA Today contains articles headlined "Senators crank up heat on attorney general; Oklahoma Republican calls for him to step down" and "Rove's name keeps popping up in Dems' questions; Legislators push for his testimony and e-mails on RNC accounts." And an editorial is entitled "Questions of judgment create a cloud at Justice."

The Milwaukee Journal Sentinel contains an article headlined "Gonzales defends firings; Sen. Tom Coburn: 'The best way to put this behind us is your resignation.'"

The Christian Science Monitor reports that "Gonzales's testimony leaves senators frustrated; Not recalling key dates and meetings, the US attorney general says he had a 'limited' role in the controversial firing of eight federal attorneys."

Financial Times reports that "Gonzales faces tough questions on Hill."

The Washington Times reports that "Gonzalez defends firings before tough GOP critics."

The Associated Press reports that "Attorney General Doesn't Satisfy Critics."

And Bloomberg News reports that "Gonzales, Fighting for His Job, Fails to Convince Republicans."
Posted at 07:44 AM by Howard Bashman



"More Polarizing Than Rehnquist: Chief Justice John Roberts won Senate confirmation by vowing to shun ideological activism; Instead, by trashing judicial precedent and legislative statutes, he's reshaping law to fit conservative dogma." Simon Lazarus has this article in the May 2007 issue of The American Prospect.
Posted at 12:30 AM by Howard Bashman


"Roberts Court Moves Right, But With a Measured Step": Robert Barnes has this news analysis today in The Washington Post.
Posted at 12:22 AM by Howard Bashman


Thursday, April 19, 2007

Available online from National Public Radio: This evening's broadcast of "All Things Considered" contained audio segments entitled "Doctors Weigh Next Move on Legality of Abortion"; "Gonzales Apologizes, But Senators Not Appeased"; "Sen. Whitehouse: Gonzales Not Convincing"; "Sen. Sessions: 'Sad Day' for Gonzales and Agency"; and "U.S. Release of Exile Angers Cuba, Venezuela."

And today's broadcast of "Talk of the Nation" contained an audio segment entitled "What Will Senate Hearings Mean for Gonzales?"

RealPlayer is required to launch these audio segments.
Posted at 10:54 PM by Howard Bashman



"Gonzales Endures Harsh Session With Senate Panel": This article will appear Friday in The New York Times.
Posted at 10:44 PM by Howard Bashman


"Adjudging a Moral Harm to Women From Abortions": Linda Greenhouse will have this news analysis Friday in The New York Times. And tomorrow's newspaper will also contain an article headlined "New Push Likely for Restrictions Over Abortions."
Posted at 10:27 PM by Howard Bashman


Available online from law.com: An article reports that "Republican Senator Asks Gonzales to Resign."

In articles from The National Law Journa, "Missing Transcript in Mich. Murder Trial Highlights Controversy Over Handling Vital Records" and "States Look at Reforming Lineup Methods; Exonerations highlight need for lineup changes."

And in news from Georgia, "EarthLink Subpoenaed for Customer Records When Anonymous Web Posting Reveals Bar Questions."
Posted at 10:24 PM by Howard Bashman



"U.S. Releases Cuban Bombing Suspect, Angering Havana": This article will appear Friday in The New York Times.

And The Miami Herald provides a news update headlined "Posada arrives in Miami."
Posted at 10:20 PM by Howard Bashman



"Ethics Board accuses Ziegler; Complaint alleges judge violated code": The Milwaukee Journal Sentinel today contains an article that begins, "The state Ethics Board filed a complaint Wednesday against Supreme Court Justice-elect Annette Ziegler, saying she improperly decided five cases as a Washington County circuit judge that involved the bank for which her husband is a director. The complaint came just two days before the state Judicial Commission will decide whether to investigate those cases, as well as ones involving companies in which she owned more than $50,000 in stock."

And The Wisconsin State Journal reports today that "Ethics Board files complaint against Ziegler."
Posted at 09:10 PM by Howard Bashman



"Hearing generates more pressure for Gonzales to resign": McClatchy Newspapers provide this report.

And CNN.com provides a report headlined "White House insiders: Gonzales hurt himself before panel."

The Washington Post provides a transcript of today's hearing in three parts: here, here, and here.

Finally for now, C-SPAN provides on-demand online access to today's hearing in two parts: morning and afternoon (RealPlayer required).
Posted at 08:44 PM by Howard Bashman



"The Last Word": At her "Legalities" blog, ABC News correspondent Jan Crawford Greenburg has a post that begins, "It's sometimes too easy to mock Anthony Kennedy, and people sure have done a lot of it over the years. He can seem infuriatingly unmoored. He agonizes over his decisions. He's been known to change his mind in a case or two. And his writing style is about as grand as his ornately decorated chambers in the Court. But in yesterday's landmark abortion case, Kennedy was the Associate Justice he believes himself to be."
Posted at 08:37 PM by Howard Bashman


The Associated Press is reporting: Now available online are articles headlined "Gonzales Rejects Call for His Ouster"; "Cuban Militant Released on U.S. Bond"; and "Govt. Asks Court to Dismiss Gitmo Cases."
Posted at 05:35 PM by Howard Bashman


"The Big News About Gonzales v. Carhart -- It's the Informed Consent, Stupid": Jack M. Balkin has this post today at "Balkinization."
Posted at 05:15 PM by Howard Bashman


"Kennedy May Be Key to Abortion Limits": The Associated Press provides a report that begins, "Legal efforts to further restrict access to abortion will depend, in the short term, on whether Justice Anthony Kennedy is willing to go along. The majority opinion he wrote upholding the federal Partial-Birth Abortion Ban Act offers hope both for those who think the impact of Wednesday's decision will be limited and for those who think it will be profound."
Posted at 05:05 PM by Howard Bashman


"The Judge Judy Standard for Judicial Pay": At "The BLT: The Blog of Legal Times," Tony Mauro has a post that begins, "Justices Stephen Breyer and Samuel Alito Jr. made a strong personal plea today in favor of higher judicial salaries before a House Judiciary Committee subcommittee." You can access the text of the Justices' prepared testimony here (Breyer) and here (Alito).

Toward the end of his post, Mauro writes: "Rep. Ric Keller (R-Fla.), even made a 'life isn't fair' argument against judicial raises, noting that television's Judge Judy makes $28 million a year. Breyer agreed that 'Never in my most fanciful dreams' did he expect to make as much as Judge Judy. Alito noted that his mother is a faithful fan of the Judge Judy show. 'She thinks Judge Judy does a better job than we do,' Alito said with a smile."
Posted at 05:04 PM by Howard Bashman



"Chinese Political Prisoner Sues in U.S. Court, Saying Yahoo Helped Identify Dissidents": This article appears today in The New York Times.

The Washington Post reports today that "Advocates Sue Yahoo In Chinese Torture Case."

The Los Angeles Times reports that "Yahoo sued over data on Chinese dissidents."

The Associated Press provides a report headlined "Group: Yahoo Assisted China With Torture."

And Reuters reports that "Chinese couple sues Yahoo for man's imprisonment."

WSJ.com's "Law Blog" has posted a copy of the complaint initiating suit at this link.
Posted at 04:55 PM by Howard Bashman



Available online from National Public Radio: Today's broadcast of "Morning Edition" contained audio segments entitled "High Court Ruling a Blow to Abortion Rights" (featuring Nina Totenberg); "Gonzales Spars with Senate Panel"; "Senate Panel Set to Hear from Gonzales"; and "Yahoo Faces Suit over Chinese Operations."

And today's broadcast of "Day to Day" contained audio segments entitled "Embattled Attorney General Gonzales Testifies" (featuring Dahlia Lithwick); "Court Ruling on Abortion May Change Doctor Practices"; and "Political Candidates Weigh Positions on Abortion Ruling."

RealPlayer is required to launch these audio segments.
Posted at 04:40 PM by Howard Bashman



"Repeal the Second Amendment: The best way to reduce the odds of another blood bath like the one at Virginia Tech is to amend the Constitution and abolish the right to bear arms." Walter Shapiro has this essay at Salon.com.
Posted at 04:05 PM by Howard Bashman


"Senators grill Gonzales on prosecutors' firings": McClatchy Newspapers provide this report.

And at Salon.com, Mark Follman has an essay entitled "The U.S. attorneys scandal gets dirty: As Congress prepares to grill Alberto Gonzales, Salon has uncovered another partisan issue connected to the mass firings: Pornography."
Posted at 04:02 PM by Howard Bashman



"Miscarriage of Justice: The federal 'partial-birth' abortion ban has grave implications for all pregnant women, not only those seeking to end pregnancies." Lynn M. Paltrow has this essay online at The American Prospect.

Online at The Nation, Karen Houppert has an essay entitled "Curbing Abortion Rights."

At Salon.com, Lynn Harris has an essay entitled "Supreme Court upholds ban on 'partial-birth' abortion; The ruling 'is a stunning assault on women's health and the expertise of doctors who care for them' and may open the door for states to pass more outright bans."

And at National Review Online, you can access an editorial entitled "Partial Victory." In addition, Michael J. New has an essay entitled "The I's Have It: Three cheers for pro-life incrementalism."
Posted at 04:00 PM by Howard Bashman



Kenneth K. Livesay, the former Assistant Controller and Chief Information Officer of HealthSouth Corporation, appears to be facing some time in prison: A decision that the U.S. Court of Appeals for the Eleventh Circuit issued today concludes that, "In the end, given the enormity of the crimes and Livesay's significant role in the underlying criminal conspiracy, we are 'left with the definite and firm conviction' that Livesay's probation sentence is unreasonable."
Posted at 03:45 PM by Howard Bashman


"Abortion Case Limits Health Exception": The Associated Press provides a report that begins, "Women who want a controversial abortion procedure for health reasons have few options beyond going to court and trying to prove that a Supreme Court decision banning the practice should not apply."
Posted at 03:35 PM by Howard Bashman


"We affirm because the complaint's allegations do not shock the conscience even if the defendants acted with deliberate indifference: when agency officials decide how to reconcile competing governmental obligations in the face of disaster, only an intent to cause harm arbitrarily can shock the conscience in a way that justifies constitutional liability." Workers who claimed they were injured as a result of breathing the air when performing search, rescue, and clean-up work at the World Trade Center site in the aftermath of the 9/11 terrorist attacks brought suit against various federal officials who are alleged to have issued issued reassuring -- but knowingly false -- announcements about the air quality in lower Manhattan. Based on those reassurances, the plaintiffs believed it was safe to work at the site without needed respiratory protection.

The injured plaintiffs thereafter sued, alleging that defendants' conduct violated plaintiffsí right to substantive due process. Today the U.S. Court of Appeals for the Second Circuit issued this ruling affirming the dismissal of plaintiffs' complaint.
Posted at 03:24 PM by Howard Bashman



"Gonzales Defends Actions on U.S. Attorney Firings": The Washington Post provides this news update.

And The Los Angeles Times provides a news update headlined "Gonzales takes fire from Senate panel."
Posted at 02:57 PM by Howard Bashman



"Skeptical Senators Take Gonzales to Task": The Associated Press provides this report, along with a report headlined "Midterm Firings of Attorneys a Rarity."

Bloomberg News reports that "Gonzales's Candor, Judgment Questioned by Senators."

And Reuters reports that "Gonzales testifies 'nothing improper' in firings."
Posted at 02:54 PM by Howard Bashman



"On the Hill, Gonzales Gets His Chance at Redemption; Insiders Say Loyalty Bought Him Time": The Washington Post today contains this front page article, along with an article headlined "Gonzales to Admit Mistakes in Firings."

McClatchy Newspapers report that "Campaign against alleged voter fraud fuels political tempest."

And The Associated Press reports that "Gonzales to Appear Before Senate Panel."

Today's Senate Judiciary Committee hearing is scheduled to begin at 10 a.m. eastern time. Once the hearing gets underway, the committee's live video feed can be accessed by clicking here (RealPlayer required).

Update: In a time change, the hearing started at 9:30 a.m. eastern time. You can access the video live by clicking here.
Posted at 08:20 AM by Howard Bashman



"Supreme Court hears Texas death penalty case; Justices to decide whether inmate is too mentally ill to execute": This article appears today in The Austin American-Statesman.

In The Houston Chronicle, Patty Reinert reports that "Supreme Court wrestles with insanity question; Justices focus on procedural issues as they hear Texas death row case."

In The Dallas Morning News, Todd J. Gillman reports that "Court weighs degree of sanity for death; Major mental illness is issue in justices' latest Texas capital case."

The Milwaukee Journal Sentinel reports that "U.S. Supreme Court hears arguments on mentally ill defendants; Execution would be unconstitutional, Panetti's lawyers say."

And The Daily Texan reports that "Supreme Court hears arguments in case; Scott Panetti will be executed if judges find he understands why he has been sentenced to death."
Posted at 08:15 AM by Howard Bashman



"Brentwood Academy defends invitation letters; School tells court football contacts were free speech": The Tennessean today contains an article that begins, "Prohibiting a coach from inviting incoming students to football practice is a violation of free speech rights, a lawyer for a private high school south of Nashville told the U.S. Supreme Court Wednesday."
Posted at 08:10 AM by Howard Bashman


"Suit by wife of Chinese activist; She alleges Yahoo told authorities dissident's identity": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "The wife of an imprisoned Chinese dissident sued Yahoo Inc. under human-rights laws Wednesday, saying the Internet company voluntarily revealed her husband's identity to the Chinese government and is responsible for his arrest and torture. The suit, filed in federal court in San Francisco, also seeks to hold the Sunnyvale company responsible for the imprisonment of other, unidentified Chinese citizens whose Internet communications were allegedly disclosed to the government by Yahoo."
Posted at 08:09 AM by Howard Bashman


"High court backs ban on disputed abortion method; The ruling marks the first time justices have upheld such a measure, and opens the door for more in the future": David G. Savage has this article today in The Los Angeles Times. In related coverage, "Abortion foes to push for stricter limits; One activist says the Supreme Court's ruling 'swings the door wide open'; A flood of legislation is expected" and "Giuliani shifts stance on abortion method; The GOP candidate's support for a high court ruling contrasts his position in 1997." And an editorial is entitled "A U-turn on abortion: Ignoring precedent, the Supreme Court upholds a ban on a procedure that is thankfully quite rare."

In USA Today, Joan Biskupic reports that "Justices back abortion limits; 'Partial-birth' ruling clears way for possible new curbs" and "Court takes harder stance on abortion; Ginsburg says ruling 'recalls ancient notions' about women." In related coverage, "Both sides of debate predict more procedure restrictions" and "GOP hopefuls laud abortion ruling; Dems denounce it; Seen as win for 'sanctity of life' or erosion of rights." An editorial is entitled "Court ruling restricts choice, discounts health concerns; Justices allow Congress to substitute its judgment for that of physicians." And Edward Whelan has an op-ed entitled "A welcome decision: Ruling bars barbaric practice, sets stage for more abortion curbs."

In The San Francisco Chronicle, Bob Egelko reports that "Ruling on abortion could signal move toward more limits."

The Chicago Tribune reports that "Abortion law is upheld; In 5-4 ruling, justices OK ban on controversial procedure." And an editorial is entitled "The court takes on abortion."

In The Boston Globe, Charlie Savage reports that "High court upholds ban on abortion procedure; 5-to-4 ruling underscores shift on bench." And an editorial is entitled "An erosion of abortion rights."

The Washington Post contains articles headlined "Data Lacking on Abortion Method; Statistics on Late-Term Procedure Among Most Contested" and "Ruling Draws Lawmakers Toward Political Minefield." And an editorial is entitled "A Shift on Abortions: The Supreme Court upholds a ban on partial-birth procedures -- and imperils the right of women to choose."

The Argus Leader of Sioux Falls, South Dakota reports that "Abortion foes laud ruling by high court; Decision to uphold 2003 ban heartens S.D. activists."

The Washington Times contains articles headlined "Partial-birth abortion ban upheld" and "Ruling opens abortion debate for '08." And an editorial is entitled "A limited and humane decision."

In The New York Sun, Joseph Goldstein reports that "Court Invites Abortion Suits; Ruling Is Seen as an Opening to New Claims." And an editorial is entitled "What a Pickle."

Greg Stohr of Bloomberg News reports that "Bush Appointees Make Mark as Supreme Court Upholds Abortion Law."

The Associated Press provides a report headlined "New Rhetoric in SCOTUS Abortion Ruling."

And law.com's Tony Mauro reports that "High Court Upholds Ban on 'Partial Birth' Abortion."

In commentary, The New York Times contains an editorial entitled "Denying the Right to Choose."

And The Wall Street Journal contains an editorial entitled "Partial Reversal: Yesterday's abortion ruling was only a baby step."
Posted at 07:40 AM by Howard Bashman



Wednesday, April 18, 2007

"Ruling to Shift Abortion Fight; Focus Moves to States As Supreme Court Backs A 'Partial Birth' Ban": Jess Bravin will have this article (pass-through link) Thursday in The Wall Street Journal.
Posted at 11:58 PM by Howard Bashman


"High Court Upholds Curb on Abortion; 5-4 Vote Affirms Ban on 'Partial-Birth' Procedure": Robert Barnes will have this front page article Thursday in The Washington Post.

And The New York Times on Thursday will report that "Court Ruling Catapults Abortion Back Into '08 Race."
Posted at 11:10 PM by Howard Bashman



"In Reversal, Justices Back Ban on Method of Abortion": Linda Greenhouse will have this article Thursday in The New York Times.
Posted at 08:57 PM by Howard Bashman


"Legal victory for abortion opponents": Patti Waldmeir will have this article Thursday in Financial Times.
Posted at 08:35 PM by Howard Bashman


"I expect that the Supreme Court will uphold the constitutionality of this federal law by a vote of 5Ė4, and in the aftermath of such a ruling states too will be free to ban the procedure by enacting similarly worded statutes." That was the final sentence of my "On Appeal" column headlined "Congress Puts 'Partial-Birth' Abortion Back on the Supreme Court's Agenda," which law.com posted online on February 27, 2006. I guess this proves that I don't shy away from predicting the outcomes of cases whose outcomes are easy to predict.
Posted at 08:30 PM by Howard Bashman


"Gonzales v. Carhart -- Three Comments": At "Balkinization," Jack M. Balkin has this post. And Michael Stokes Paulsen has a post titled "The Pernicious Doctrine of Stare Decisis."

At "Dorf on Law," Michael C. Dorf has a post titled "Supreme Court Partial Birth Abortion Ruling."

And at "Eminent Domain" you can access a post titled "Why the Concurrence Says More than the Majority."
Posted at 08:20 PM by Howard Bashman



"Court Upholds Nationwide Ban of Partial-Birth Abortions; Abortion-Rights Advocates Worry Decision Could Signal Shift in Court's Support of Roe": Jan Crawford Greenburg and Ariane deVogue have this written report online at ABCNews.com.
Posted at 08:10 PM by Howard Bashman


"Father Knows Best: Dr. Kennedy's magic prescription for indecisive women." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 08:05 PM by Howard Bashman


"High court upholds first federal ban on late-term abortions": Bob Egelko of The San Francisco Chronicle provides this news update.
Posted at 07:22 PM by Howard Bashman


"Analysis: Kennedy's Pivotal Vote." Gina Holland of The Associated Press provides this report.
Posted at 06:10 PM by Howard Bashman


"2003 Abortion Law Upheld by Supreme Court": This audio segment (RealPlayer required) featuring Nina Totenberg appeared on this evening's broadcast of NPR's "All Things Considered."
Posted at 06:08 PM by Howard Bashman


"High Court Upholds Ban on Abortion Procedure": This audio segment (RealPlayer required) appeared on today's broadcast of NPR's "Talk of the Nation."
Posted at 05:00 PM by Howard Bashman


"Commentary: Some consequences of Carhart II." Lyle Denniston has this post at "SCOTUSblog" on what to expect in the aftermath of today's partial-birth abortion ruling.
Posted at 04:44 PM by Howard Bashman


Access online the transcript of today's U.S. Supreme Court oral argument in Panetti v. Quarterman, No. 06-6407: The transcript can be accessed here.
Posted at 04:40 PM by Howard Bashman


"Abortion Ruling Will Impact States": The Associated Press provides this report.
Posted at 04:20 PM by Howard Bashman


"Microsoft Settles Iowa Lawsuit": The Associated Press provides a report that begins, "Microsoft Corp. agreed Wednesday to pay Iowans up to $180 million to settle a class-action lawsuit that claimed the company had a monopoly that cost the state's citizens millions of dollars extra for software products."
Posted at 03:42 PM by Howard Bashman


"High Court Upholds Ban On Partial-Birth Abortions": law.com's Tony Mauro provides this report.
Posted at 03:27 PM by Howard Bashman


The "Sentencing Law and Policy" blog examines today's interesting U.S. Supreme Court ruling in James v. United States, No. 05-9264: Law Professor Doug Berman has posts titled "A few quick reactions to James" and "When Justice Scalia sounds like Justice Brennan."
Posted at 03:10 PM by Howard Bashman


Today's rulings of note from the U.S. Court of Appeals for the Federal Circuit: Are you curious about how the brakes work on amusement park rides such as rollercoasters or drop towers? If so, read this opinion, and you may learn a thing or two.

In a second ruling issued today, a three-judge panel divides over a vexing question that recurs far too frequently: How to distinguish between a litigant who is just crazy enough to proceed without an attorney and a litigant who is too crazy to be allowed to proceed without an attorney.
Posted at 03:04 PM by Howard Bashman



Proving, once again, that the devil is in the details: If the case settled in the trial court, what is it doing on appeal? As this decision that a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit issued today demonstrates, sometimes opposing parties agree to settle a litigated matter but then fail to agree over what the written settlement agreement should or should not say. In that event, the litigation over whether a settlement was in fact reached and, if so, what its material terms are can give rise to a dispute as contentious as the original dispute that the settlement was intended to resolve.
Posted at 02:52 PM by Howard Bashman


"US Supreme Court allows late-term abortion ban; The 5-to-4 ruling reverses a 2000 decision that struck down a ban on so-called 'partial-birth' abortion": Warren Richey will have this article Thursday in The Christian Science Monitor.

And Joan Biskupic of USA Today provides a news update headlined "Court backs abortion ban."
Posted at 02:32 PM by Howard Bashman



"High Court Upholds Ban on Abortion Procedure": This audio segment (RealPlayer required) featuring Dahlia Lithwick appeared on today's broadcast of NPR's "Day to Day."
Posted at 02:30 PM by Howard Bashman


"High Court Blocks State Power Over Some Lenders": Jess Bravin has this article (pass-through link) today in The Wall Street Journal.
Posted at 02:25 PM by Howard Bashman


Access online the transcript of today's U.S. Supreme Court oral argument in Tennessee Secondary School Athletic Assn. v. Brentwood Academy, No. 06-427: The transcript can be accessed here.

In coverage of the oral argument, The Associated Press reports that "Court Considers Football Recruiting Case."
Posted at 02:20 PM by Howard Bashman



"Abortion ruling marks a 1st for high court": David G. Savage of The Los Angeles Times provides this news update.

William Branigin and Robert Barnes of The Washington Post provide a news update headlined "Court Backs Ban on Abortion Procedure."

Bill Mears of CNN.com reports that "Justices uphold ban on abortion procedure."

And The Associated Press reports that "GOP Candidates Praise Abortion Ruling."
Posted at 02:10 PM by Howard Bashman



"High Court Upholds Partial Birth Abortion Act": This audio segment (RealPlayer required) featuring Nina Totenberg appeared on today's broadcast of NPR's "Morning Edition."
Posted at 12:24 PM by Howard Bashman


"Court OKs 'Seven Aphorisms' in park; Summum faith can erect monuments in Pleasant Grove and Duchesne": The Salt Lake Tribune today contains an article that begins, "A federal appeals court ruled Tuesday that followers of the Summum faith can display their Seven Aphorisms in Duchesne and Pleasant Grove city parks, which already hold monuments of the Ten Commandments. The 10th U.S. Circuit Court of Appeals noted that the parks are public forums, and restrictions on speech based solely on its content are forbidden except in narrow circumstances. The two decisions overturned rulings by U.S. District Judge Dee Benson that blocked Summum's proposed monuments. In the Pleasant Grove case, the court said requiring the city to permit display of Summum's tenets will further free speech."

My earlier coverage of yesterday's Tenth Circuit rulings, including links to both rulings, can be accessed here.
Posted at 12:20 PM by Howard Bashman



"Two women convicted of murdering husbands could be freed": The St. Louis Post-Dispatch today contains an article that begins, "After 29 years behind bars for the murder of her husband, Shirley Lute will be a free woman soon. And Lynda Branch, an inmate for the murder of her husband in 1986, might follow her out the prison doors. That's the effect of a decision Tuesday by the Missouri Supreme Court that seeks to resolve a conflict between the powers of the governor and the independent Missouri Board of Probation and Parole."

And The Columbia Missourian reports today that "Court rules in favor of inmates; Women convicted of murdering their abusive husbands get parole hearings."

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



"Supreme Court upholds law banning some abortions": James Vicini of Reuters provides this report.

And Greg Stohr of Bloomberg News reports that "'Partial Birth' Abortion Ban Upheld by Top U.S. Court."
Posted at 11:32 AM by Howard Bashman



"Enlightened Despot: Israel's leading jurist gives new meaning to 'activist judge.'" Seventh Circuit Judge Richard A. Posner has this interesting review (pass-through link) of the book "The Judge in a Democracy" by Aharon Barak in the April 23, 2007 issue of The New Republic.
Posted at 11:02 AM by Howard Bashman


"Harriet Miers to Return to Locke Liddell & Sapp": Texas Lawyer today contains an article that begins, "Former White House Counsel Harriet Miers will return to Locke Liddell & Sapp, the firm she formerly co-managed, on May 1 as a partner."
Posted at 10:54 AM by Howard Bashman


Access online today's U.S. Supreme Court ruling in the partial-birth abortion ban cases: You can access the decision at this link. Justice Anthony M. Kennedy delivered the opinion of the Court, in which the Chief Justice and Justices Antonin Scalia, Clarence Thomas, and Samuel A. Alito, Jr. joined. Justice Thomas also filed a concurring opinion in which Justice Scalia joined. Justice Ruth Bader Ginsburg wrote a dissenting opinion, in which Justices John Paul Stevens, David H. Souter, and Stephen G. Breyer joined.

Although the cases were argued separately (access the oral argument transcripts here and here), the Court disposed of the cases by means of a single opinion.

In his concurrence, Justice Thomas states: "I write separately to reiterate my view that the Court's abortion jurisprudence, including Casey and Roe v. Wade, 410 U. S. 113 (1973), has no basis in the Constitution." It is worth noting that the Court's two newest Justices -- the Chief Justice and Justice Alito -- did not join in Justice Thomas's concurring opinion.
Posted at 10:32 AM by Howard Bashman



Access online today's U.S. Supreme Court ruling in James v. United States, No. 05-9264: The Court has posted the decision online at this link.

And in early news coverage, The Associated Press reports that "Court Says Burglary Extends Sentence."
Posted at 10:22 AM by Howard Bashman



BREAKING NEWS -- "Supreme Court OKs Abortion Procedure Ban": The Associated Press provides a report that begins, "The Supreme Court upheld the nationwide ban on a disputed abortion procedure Wednesday, handing abortion opponents the long-awaited victory they expected from a more conservative bench."
Posted at 10:08 AM by Howard Bashman


"Court upholds federal abortion ban": At "SCOTUSblog," Lyle Denniston has a post that begins, "Dividing 5-4, the Supreme Court on Wednesday gave a sweeping victory to the federal government and to other opponents of abortion, upholding the 1993 law that banned what are often called 'partial-birth abortions.' Justice Anthony M. Kennedy wrote for the majority in the first-ever decision by the Court to uphold a total ban on a specific abortion procedure."

In addition, the Court also announced its ruling in James v. United States, No. 05-9264. You can access the oral argument transcript at this link.
Posted at 10:04 AM by Howard Bashman



"Justices Weigh Mental Illness, Death Penalty": This audio segment (RealPlayer required) featuring Nina Totenberg appeared on today's broadcast of NPR's "Morning Edition."
Posted at 09:58 AM by Howard Bashman


"0-for-2: Linda Greenhouse gets both Rehnquist and Roberts wrong." Adam J. White has this essay online today at The Weekly Standard.
Posted at 08:45 AM by Howard Bashman


"Judge upholds ban on anti-gay T-shirts": The Chicago Sun-Times today contains an article that begins, "A federal judge on Tuesday upheld a Naperville high school's decision to ban 'Be Happy, Not Gay' T-shirts."

And The Chicago Tribune reports today that "Judge OKs school ban of anti-gay T-shirt."

I have posted online at this link yesterday's 31-page ruling of the U.S. District Court for the Northern District of Illinois.
Posted at 08:40 AM by Howard Bashman



"Immunity for Ex-Gonzales Aide Weighed; Potential Witness's Role in Firings Cited": This article appears today in The Washington Post.

And McClatchy Newspapers report that "White House seeks to review GOP e-mails."
Posted at 08:27 AM by Howard Bashman



"U.S. Supreme Court to consider mental illness in case of Texas inmate; At issue is whether man convicted of killing in-laws should be spared because he cannot grasp that execution is penalty for his crime": The Austin American-Statesman contains this article today.
Posted at 08:23 AM by Howard Bashman


"Worker retaliation can be 'hostile': The Supreme Court was wrong to pass up an opportunity to let a whistle-blower sue." This editorial appears today in The Los Angeles Times.
Posted at 08:15 AM by Howard Bashman


"Supreme Court rules states can't regulate subsidiaries of national banks": Joan Biskupic has this article today in USA Today.

The Los Angeles Times reports today that "Subsidiaries exempt from state control; The Supreme Court says oversight of units of national banks, like their parents, belongs to a federal agency."

And The Charlotte Observer reports today that "Supreme Court rules for Wachovia; National bank subsidiaries under federal watch."
Posted at 08:14 AM by Howard Bashman



"Potential Padilla jurors admit bias; Many cite 9/11, saying they would struggle to treat a Muslim impartially in a terrorism trial": The Los Angeles Times contains this article today.
Posted at 08:09 AM by Howard Bashman


"Neulander appeals come to an end; The state Supreme Court refused to review the former rabbi's conviction": This article appears today in The Philadelphia Inquirer.

And The Cherry Hill (N.J.) Courier-Post reports today that "Neulander's appeal rejected."
Posted at 08:05 AM by Howard Bashman



"Judges Hear Arguments In Pat-Down Case": The Tampa Tribune today contains an article that begins, "When a high school civics teacher allowed security guards to search him with a quick pat-down at three Tampa Bay Buccaneers games, did he waive his constitutional right protecting him from unreasonable searches? In two previous courtrooms, a state judge and a federal judge focused on whether pat-down searches of ticket holders at Raymond James Stadium were a violation of the state and U.S. constitutions. In both cases, the judges issued injunctions that now ban the physical searches at Bucs games. The Tampa Sports Authority, with funding from the National Football League, took the case to a federal appeals court. In Miami on Tuesday, a three-judge panel of the 11th Circuit U.S. Court of Appeals focused on whether the Tampa Sports Authority, the government body that runs the stadium, had a contractual right to refuse ticket holders entrance to the stadium if they declined to be searched."
Posted at 07:58 AM by Howard Bashman


"Appeals court rules Posada should be freed on bond": The El Paso Times today contains an article that begins, "The U.S. 5th Circuit Court of Appeals renewed Luis Posada Carriles' hopes that he could be released on bond when it ruled Tuesday to deny the prosecutors' appeal of the bond, court documents and Posada's Florida lawyers said. Posada, 79, an alleged Cuban terrorist, was allowed a $250,000 bond April 6 in El Paso by U.S. District Judge Kathleen Cardone."

And The Miami Herald reports today that "Posada closer to moving to Miami; A jailed anti-Castro activist could be released this week after his latest court victory -- if immigration authorities don't detain him before his criminal trial in Texas."
Posted at 07:55 AM by Howard Bashman



"Court to Consider Football Recruiting Case": The Associated Press provides this report.

And today in The Washington Post, Robert Barnes reports that "Supreme Court to Revisit High School Recruiting Case."
Posted at 07:32 AM by Howard Bashman



"Free Press Battle Looms in Hatfill Case": Josh Gerstein has this article today in The New York Sun.
Posted at 06:40 AM by Howard Bashman


"A Federal Court of Appeals Gets it Wrong on Birth Control: Why Contraceptive Exclusions in Health Coverage Discriminate Against Women." Sherry F. Colb has this essay online today at FindLaw.
Posted at 06:37 AM by Howard Bashman


Tuesday, April 17, 2007

"Reporter Says Judges Change Their Minds; New York Times Correspondent Addresses Audience Of About 250 About Covering The Supreme Court": Yesterday's issue of The Daily Northwestern contained an article that begins, "Despite the efforts of presidents to pick Supreme Court justices who will stand firm, it is to be expected that judges' opinions on issues will change, according to veteran Supreme Court correspondent Linda Greenhouse of The New York Times. This idea, presented during her speech Friday evening at a League of Women Voters of Evanston event, struck some audience members as slightly ironic. One audience member asked Greenhouse about what some have called the 'Greenhouse Effect,' a theory that some judges base decisions on what they believe will help them to gain favorable press coverage."
Posted at 11:20 PM by Howard Bashman


"Pat-Downs at Tampa Stadium Appealed": The Associated Press provides a report that begins, "The Tampa Sports Authority called pat-down searches at Tampa Bay Buccaneers football games an essential layer of security in an age of terrorism and urged a federal appeals court Tuesday to reinstate them."
Posted at 11:17 PM by Howard Bashman


"Ruling Limits State Control of Big Banks": Linda Greenhouse will have this article Wednesday in The New York Times.

Wednesday in The Washington Post, Robert Barnes and Dina ElBoghdady will report that "High Court Sides With Banks on Mortgage Rules; States Can't Regulate Loan Subsidiaries."

And in Wednesday's edition of Financial Times, Patti Waldmeir and Eoin Callan will have an article headlined "High Court steps into US subprime crisis."
Posted at 11:10 PM by Howard Bashman



The Summum faith wins twice today in the Tenth Circuit: Summum -- a religion that supports both mummification and masturbation -- had the brilliant idea to approach towns in Utah that displayed Ten Commandments monuments to ask for "equal time" to display monuments to the Seven Aphorisms of Summum.

Pleasant Grove, Utah simply said "no" in response to the request, and today a unanimous three-judge panel of the U.S. Court of Appeals for the Tenth Circuit directs the entry of a preliminary injunction requiring the municipality to allow the display of the Summum monument. You can access the ruling at this link.

Duchesne City, Utah was equally unenthusiastic about the prospect of a Summum monument, but instead of merely saying "no" the municipality thought it would be beneficial to transfer its Ten Commandments monument and the patch of public parkland on which it resides to private ownership. Duchesne's actions make this case a bit more complicated, but the Tenth Circuit today holds that Duchesne is not necessarily absolved of liability on Summum's claim for injunctive relief. You can access the ruling at this link.

In press coverage of today's rulings, The Salt Lake Tribune provides a news update headlined "'Seven Aphorisms' equal to 10 Commandments, appeals court rules."

And two Saturdays ago, The Deseret Morning News published articles headlined "Thou shalt not ... underestimate impact of the Ten Commandments" and "Displays a source of friction."
Posted at 10:50 PM by Howard Bashman



"House Panel May Give Goodling Immunity": This audio segment (RealPlayer required) featuring Nina Totenberg appeared on this evening's broadcast of NPR's "All Things Considered."
Posted at 08:05 PM by Howard Bashman


"Court: Gov't Can't Hold Cuban Militant." The Associated Press provides a report that begins, "An appeals court on Tuesday denied the U.S. government's latest bid to keep anti-Castro Cuban militant Luis Posada Carriles jailed until his May trial on immigration fraud charges."
Posted at 08:00 PM by Howard Bashman


"BA recruiting case lands in high court Wednesday; School at odds with TSSAA in decade-old dispute": This article appears today in The Tennessean.

And at "SCOTUSblog," Lyle Denniston previews tomorrow's oral argument in a post titled "Schools, sports and rules."
Posted at 07:54 PM by Howard Bashman



In the April 23, 2007 issue of U.S. News & World Report: The magazine contains articles headlined "Is the Endangered Species Act in Danger? An environmental battle royal before the high court" and "Free Speech and Football: How much can state groups regulate recruiting?"
Posted at 07:45 PM by Howard Bashman


"Undisclosed DNA results go public; The defense analyzes mounds of data provided by the lab Mike Nifong hired to conduct DNA tests, then counterattacks; The results devastate the prosecution": This article -- the fourth in a five-part series -- appears today in The News & Observer of Raleigh, North Carolina.

And The Herald-Sun of Durham, North Carolina reports today that "'Innocent' declaration angers local activists."
Posted at 07:44 PM by Howard Bashman



"That Night at Duke: They spent a year accused of kidnapping, assault and rape; Now, though, the three Duke lacrosse players were told they were 'innocent'; The inside story of the infamous evening." This article appears in the April 23, 2007 issue of Newsweek.
Posted at 07:28 PM by Howard Bashman


"Does death penalty ever apply to those found insane? The US Supreme Court hears Wednesday the case of a killer who may not grasp the tie between his crime and his punishment." Warren Richey will have this article Wednesday in The Christian Science Monitor.

The Daily Texan today contains an article headlined "Victims await final verdict; Supreme Court will hear convicted killer's last appeal tomorrow."

The Houston Chronicle yesterday contained an article headlined "What if killer can't grasp meaning of execution? U.S. high court asked to define insanity in case of Texas man."

The San Antonio Express-News reported yesterday that "Justices to eye Texas death case."

The Milwaukee Journal Sentinel on Sunday contained an article headlined "Is Wisconsin native too mentally ill to execute? Supreme Court decision could be groundbreaking."

And at "SCOTUSblog," Lyle Denniston previews tomorrow's oral argument in a post titled "Eighth Amendment and insanity."
Posted at 07:18 PM by Howard Bashman



When covering the U.S. Supreme Court, one Greenhouse is simply not enough: Today in The New York Times, Steven Greenhouse has an article headlined "Day in Court for Queens Home-Care Aide" that begins, "It was Evelyn Coke's first trip to the United States Supreme Court, and for the 73-year-old home-care aide from Corona, Queens, it was certainly eventful, the last step in a five-year battle. In a case in which Ms. Coke is the sole plaintiff, her lawyers sought to persuade the nine justices that she -- and the nation's 1.4 million other home-care aides -- should not be exempt from federal minimum wage and overtime protections."
Posted at 05:12 PM by Howard Bashman


Indian law -- Divided three-judge First Circuit panel holds that State of Maine can enforce its employment discrimination laws against the Aroostook Band of Micmacs: You can access today's ruling of the U.S. Court of Appeals for the First Circuit at this link. Those desiring more information about Aroostook Band of Micmacs can access the tribe's official web site.
Posted at 04:50 PM by Howard Bashman


"Tomorrow the Sixth Circuit will be holding argument in Warshak v. United States, a rather odd case involving e-mail privacy." So begins a post from Orin Kerr today at "The Volokh Conspiracy."
Posted at 04:47 PM by Howard Bashman


"State Supreme Court ruling favors prisoners": The Columbia Missourian provides a news update that begins, "Two women who were given commutations of their life sentences two years ago by then-Gov. Bob Holden are finally on their way out of prison. The Missouri Supreme Court handed down a 6-1 decision Tuesday that said that the Missouri Board of Probation and Parole was wrong to reconsider the crimes of Lynda Branch and Shirley Lute and keep them in prison."

You can access today's ruling of the Supreme Court of Missouri at this link.
Posted at 04:44 PM by Howard Bashman



"Supreme Court Says Federal Government Is Sole Regulator of Bank Subsidiaries": law.com's Tony Mauro provides this news update.
Posted at 04:38 PM by Howard Bashman


Access online the transcripts of today's U.S. Supreme Court oral arguments: You can access at this link the transcript of today's oral argument in National Assn. of Home Builders v. Defenders of Wildlife, No. 06-340.

You can access at this link the transcript of today's oral argument in Sole v. Wyner, No. 06-531.

And you can access at this link the transcript of today's oral argument in Uttecht v. Brown, No. 06-413.
Posted at 04:35 PM by Howard Bashman



"'Marketplace' Report: Bank Regulation." This audio segment (RealPlayer required) appeared on today's broadcast of NPR's "Day to Day."
Posted at 04:28 PM by Howard Bashman


"House Prods Gonzales Aide to Testify": The Associated Press provides a report that begins, "The House Judiciary Committee plans to vote Wednesday on whether to grant Attorney General Alberto Gonzales' former counsel immunity from prosecution and force her to testify about the firings of federal prosecutors."
Posted at 04:15 PM by Howard Bashman


"Maryland will drop Wal-Mart law fight; Move ends battle over health care": The Baltimore Sun today contains an article that begins, "Maryland won't challenge a federal court decision striking down the state's 'Fair Share' health care act, ending a two-year effort to force Wal-Mart Stores Inc. to pay more for employee health care, Attorney General Douglas F. Gansler said yesterday."

The Baltimore Examiner reports today that "Gansler won't appeal death of 'Wal-Mart bill.'"

And MarketWatch reports that "Maryland drops effort to charge Wal-Mart for health costs."

My earlier coverage of the January 2007 ruling of a divided three-judge Fourth Circuit panel in this case appears here and here.
Posted at 03:50 PM by Howard Bashman



"Religion Clause Is 2 Years Old Today!" Congratulations to the blog "Religion Clause," which turns two years old today. That blog is a wonderful resource for those of us interested in religion law and related news coverage.
Posted at 03:40 PM by Howard Bashman


"The exception to the warrant requirement under the Fourth Amendment for a search of the passenger compartment of a car incident to a lawful custodial arrest applies only if the search follows the arrest, a divided three-judge D.C. Circuit panel holds": On June 23, 2006, I had this post bearing that title describing a decision that a divided three-judge D.C. Circuit panel had issued that day.

The D.C. Circuit thereafter took the case en banc, and today the en banc court by a vote of 9-1 disagreed with the three-judge panel's holding and ruled that the search in question was lawful. Senior Circuit Judge Harry T. Edwards originally joined today's lone dissenter in creating a majority in support of the original three-judge panel's ruling. Although senior circuit judges can elect to participate in a rehearing en banc within their own circuit if they served on the original three-judge panel that decided the case, Judge Edwards apparently did not elect to participate in the rehearing en banc in this case, perhaps realizing that whether the result was 9-1 or 9-2 would not make much of a difference to anyone.
Posted at 03:35 PM by Howard Bashman



"High court backs Wachovia in mortgage oversight case": MarketWatch provides this report.

Greg Stohr of Bloomberg News reports that "Banks Win Shield From State Regulation at High Court."

And Reuters reports that "US high court rules on bank home lending."
Posted at 03:03 PM by Howard Bashman



Majority on divided three-judge Fourth Circuit panel creates circuit split over what constitutes a "misdemeanor crime of domestic violence" for purposes of federal law prohibiting the possession of firearms by anyone convicted of such a misdemeanor offense: You can access yesterday's ruling at this link. This case would appear to be a good candidate for either en banc or U.S. Supreme Court review.
Posted at 11:28 AM by Howard Bashman


The Associated Press is reporting: An article reports that "Atty Argues for Cuban Militant Release."

And in other news, "Court Allows Suit Over Police Shooting." You can access yesterday's Sixth Circuit ruling at this link.
Posted at 11:15 AM by Howard Bashman



"Court rules on three cases": Lyle Denniston provides this report at "SCOTUSblog."

According to Lyle's post, the three argued cases in which the U.S. Supreme Court announced rulings today are:

Global Crossing Telecommunications, Inc. v. Metrophones Telecommunications, Inc., No. 05-705 (opinion here; oral argument transcript here). Justice Stephen G. Breyer delivered the opinion of the Court, in which all Justices joined except for Antonin Scalia and Clarence Thomas. Justices Scalia and Thomas each issued a dissenting opinion;

Watters v. Wachovia Bank, N.A., No. 05-1342 (opinion here; oral argument transcript here). Justice Ruth Bader Ginsburg delivered the opinion of the Court, in which Justices Anthony M. Kennedy, David H. Souter, Breyer, and Samuel A. Alito, Jr. joined. Justice John Paul Stevens filed a dissenting opinion, in which the Chief Justice and Justice Scalia joined. Justice Thomas did not participate in the decision; and

Zuni Public School Dist. v. Department of Education, No. 05-1508 (opinion here; oral argument transcript here). In this 5-4 ruling, Justice Breyer delivered the opinion of the Court, in which Justices Stevens, Kennedy, Ginsburg, and Alito joined. Justice Stevens also filed a separate concurring opinion, as did Justice Kennedy. Justice Alito also joined in Justice Kennedy's concurring opinion. Justice Scalia filed a dissenting opinion, in which the Chief Justice and Justice Thomas joined in full and in which Justice Souter joined in part. Justice Souter also filed a separate dissenting opinion. This case provides another fascinating glimpse into the battle between the Court's "plain language of the statute" and "clear intent of the Legislature" factions. As noted, Justices Kennedy and Alito provide the crucial fourth and fifth votes for the majority, while the Chief Justice and Justices Scalia and Thomas find themselves among the dissenters.

In early news coverage of the Global Crossing decision, The Associated Press reports that "FCC Authority Reinforced by Court."

And in early news coverage of the Watters decision, The AP provides a report headlined "Court: States Must Step Aside on Banks."
Posted at 10:04 AM by Howard Bashman



"Detainee Abu Zubaydah Denies Al-Qaida Ties": This audio segment (RealPlayer required) appeared on today's broadcast of NPR's "Morning Edition."
Posted at 09:59 AM by Howard Bashman


"Workers who missed lunch breaks entitled to back pay, court says": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "California employees who are forced to work through their lunch breaks scored a major legal victory Monday when the state Supreme Court ruled that they are entitled to back wages of an hour a day for as long as three years. The unanimous ruling in the case of a San Francisco clothing store employee applies to thousands of workers in pending class-action suits against their employers. It may also help 116,000 present and past Wal-Mart employees in California preserve a $172 million damages award against the retail giant."

And The Los Angeles Times reports today that "Employees win major ruling on pay regulations."

You can access yesterday's ruling of the Supreme Court of California at this link.
Posted at 08:54 AM by Howard Bashman



"Ex-aide contradicts Gonzales; The former chief of staff reportedly tells Senate investigators the attorney general did recall discussing with Bush a U.S. attorney who was later fired": This article appears today in The Los Angeles Times.

The Hartford Courant reports today that "O'Connor Steps Up As Gonzales Faces Grilling; New Chief Of Staff Is Trusted Adviser."

The Washington Post contains an editorial entitled "Beyond Mr. Gonzales: Who really needs to 'lay out on the record' what led to the firings of U.S. attorneys." John Podesta has an op-ed entitled "The Truth Congress Is Owed." And columnist Richard Cohen has an op-ed entitled "The Face of Opportunism."

In USA Today, Ross K. Baker has an op-ed entitled "Friends in high places: One might ask why President Bush doesn't simply ask Alberto Gonzales to walk the plank; Yet Bush is the latest in a line of presidents who let loyal staffers hang on longer than is good for the administration -- or the country."

In The Chicago Tribune, Patrick M. Collins has an op-ed entitled "Prosecutors owe loyalty to the public."

And in The Boston Globe, columnist Peter S. Canellos has an essay entitled "Government workers' private e-mails need some safeguards."
Posted at 08:47 AM by Howard Bashman



"Justices reject case of firing after slur complaint; High court turns down a black computer technician's appeal; He had objected to a co-worker's comment": David G. Savage has this article today in The Los Angeles Times.
Posted at 08:40 AM by Howard Bashman


"Potential jurors quizzed in Padilla terrorism trial; Jury selection began in the Jose Padilla terrorism trial, a process that could plod along for at least three weeks before opening arguments": This article appears today in The Miami Herald.

The South Florida Sun-Sentinel reports today that "Padilla jury selection starts; Potential jurors grilled about Islam."

The New York Times reports that "Trial Opens in Florida for Padilla and 2 Others."

And The Washington Times reports that "Judge allows mention of 9/11 in terror trial."
Posted at 08:37 AM by Howard Bashman



"Government Loses on Aipac Secrecy Bid": The New York Sun today contains an article that begins, "Dealing a blow to the government, a federal judge yesterday rejected an unprecedented prosecution proposal that would have kept secret large portions of a trial against two pro-Israel lobbyists."
Posted at 08:30 AM by Howard Bashman


The Harvard Law Record is reporting: The current issue of that publication contains articles headlined "Dred Scott Reconsidered" and "Milkey Breaks Down Mass. v. EPA Argument."
Posted at 08:25 AM by Howard Bashman


"Globe writer wins Pulitzer for national reporting; Signing statements series gets honor": The Boston Globe today contains an article that begins, "Charlie Savage of The Boston Globe yesterday won the 2007 Pulitzer Prize for national reporting, for a series of stories about President Bush's greatly expanded use of 'signing statements,' which he attached to laws passed by Congress to assert his authority to disregard them."
Posted at 08:20 AM by Howard Bashman


"Hinckley Seeking Longer Furloughs; With Parents Aging, Siblings Say They'd Take Larger Role": The Washington Post contains this article today.
Posted at 08:15 AM by Howard Bashman


"Bush administration seeks to expand surveillance law; Bill would permit more spying on foreigners in USA": This article appears today in USA Today.

And The New York Times today contains articles headlined "Bush Allies in Congress Block Bill That Would Require Intelligence Disclosures"; "Detainee Denies Membership in Al Qaeda"; and "Briton Criticizes U.S.'s Use of 'War on Terror.'"
Posted at 08:10 AM by Howard Bashman



"Three Cheers for Lawyers: Don't think a good defense attorney matters? Think again." Law Professor Randy E. Barnett has this op-ed (free access) today in The Wall Street Journal.
Posted at 08:00 AM by Howard Bashman


"Kamehameha waits for court's list on Monday": The Honolulu Advertiser today contains an article that begins, "The U.S. Supreme Court won't likely rule until Monday at the earliest on whether it will accept the legal challenge against the Kamehameha Schools' Hawaiians-first admission policy. The high court yesterday refused to accept about 200 to 300 cases, but it did not list the challenge by an unnamed non-Native Hawaiian teenager among them, according to the teenager's lawyer, Eric Grant of Sacramento."
Posted at 07:55 AM by Howard Bashman


"Floyd Abrams May Stand By Raoul Felder's Side": The New York Sun today contains an article that begins, "A First Amendment lawyer, Floyd Abrams, said he would consider providing legal counsel to a celebrity divorce lawyer, Raoul Felder, whose satirical new book has ignited an effort to oust him from his position as chairman of the New York State Commission on Judicial Conduct."

And The New York Post reports today that "Raoul defiant; Refuses Gov's demand to quit."

My earlier coverage appears at this link.
Posted at 07:53 AM by Howard Bashman



"Employers grapple with medical marijuana use; Ethical, liability issues rise as more states make it legal": This article appears today in USA Today.
Posted at 07:50 AM by Howard Bashman


"Case could have lasting effect on school sports; At issue: Rules set by athletic associations." Joan Biskupic has this article today in USA Today.
Posted at 07:48 AM by Howard Bashman


"Supreme Court Refuses To Take Up Al-Arian Case": Josh Gerstein has this article today in The New York Sun.
Posted at 07:44 AM by Howard Bashman


"Must Employers Who Cover Prescription Drugs Cover Contraception? The EEOC's Position, the Courts' Recent Rulings, States' Limited Coverage, and the Need for a New Federal Statute." Joanna Grossman has this essay today at FindLaw.
Posted at 06:45 AM by Howard Bashman


Monday, April 16, 2007

"Ex-Aide Says Gonzales Discussed Firings": This article will appear Tuesday in The New York Times.

And Tuesday's edition of The Washington Post will report that "Senate Delays Gonzales Testimony on Firings; After Slayings at College, Judiciary Panel Moves Session on Prosecutors to Thursday."
Posted at 11:20 PM by Howard Bashman



Available online from law.com: An article reports that "Calif. Justices Give Employees a Break on Wage Claims."

In other news, "N.Y. Judicial Conduct Commission Throws the Book at Chairman-Author; Commission votes 'no confidence' in Raoul Felder due to statements in book co-authored with comedian Jackie Mason." My earlier coverage appears here.

And an article reports that "Suit Over N.Y. Rules on Lawyer Advertising Goes to Trial."
Posted at 10:14 PM by Howard Bashman



In Tuesday's edition of The Christian Science Monitor: An article is headlined "US attorney furor: no end in sight."

And in other news, "Wild salmon win respite in US court; Federal judges threaten to breach dams if the government has no recovery plan."
Posted at 10:03 PM by Howard Bashman



"Court won't consider libel law in 'Howling Pig' case": The Rocky Mountain News provides an update that begins, "A University of Northern Colorado student investigated for publishing a satirical online journal may be eligible for damages from the assistant district attorney who approved a search warrant for the student's Ault home, a federal appeals court ruled today. But the three-judge panel of the 10th Circuit Court of Appeals said it will not consider whether Colorado's criminal libel statute is unconstitutional because prosecutors announced shortly after searching his home that they would not file charges against Thomas Mink, author of the journal 'The Howling Pig.'"

You can access today's ruling of the U.S. Court of Appeals for the Tenth Circuit at this link.

My earlier coverage of this case appears at this link. Also available online is earlier coverage of the case from "The Volokh Conspiracy" and "InstaPundit."
Posted at 08:50 PM by Howard Bashman



"What Next in the U.S. Attorneys Scandal? What to look for after Gonzales testifies." National Review Online posted this essay by Byron York early today.
Posted at 08:15 PM by Howard Bashman


"Consenting Adults: The next frontier in the legal battle over abortion is whether women need protection from themselves." Sarah Blustain has this essay online at The American Prospect.
Posted at 08:10 PM by Howard Bashman


"Supreme Court rejects appeal in racial-slur case": David G. Savage of The Los Angeles Times provides this news update.
Posted at 08:04 PM by Howard Bashman


Available online from National Public Radio: Today's broadcast of "Day to Day" contained audio segments entitled "Jury Selection Begins in Padilla Trial" and "U.S. Terrorism Cases: Beyond Jose Padilla."

And this evening's broadcast of "All Things Considered" contained an audio segment entitled "Senate Panel Postpones Gonzales Appearance."

RealPlayer is required to launch these audio segments.
Posted at 08:02 PM by Howard Bashman



"Nifong ignores clues from DNA tests; The SBI tests are no help, so Mike Nifong turns to a private lab; The results there? 'He was not happy with it,' says his former campaign manager." This article -- part three in a five-part series, appears today in The News & Observer of Raleigh, North Carolina. Parts one and two remain available online.
Posted at 07:50 PM by Howard Bashman


Charlie Savage wins the Pulitzer Prize for National Reporting for his articles on Presidential signing statements: You can access the series of articles at this link. The New York Times provides this list of the "2007 Pulitzer Prizes for Journalism." Congrats, Charlie!
Posted at 07:45 PM by Howard Bashman


"Court Wrangles With Overtime Pay": The Associated Press provides this report.

At "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "The Footman Cometh."

And at "PrawfsBlawg," Ethan Leib has a post titled "Oral Argument in Coke."
Posted at 07:30 PM by Howard Bashman



"Standard for excluding jurors: Argument 4/17/07." Lyle Denniston provides this oral argument preview at "SCOTUSblog."
Posted at 05:40 PM by Howard Bashman


Access online the transcripts of today's U.S. Supreme Court oral arguments: The transcript in Long Island Care at Home, Ltd. v. Coke, No. 06-593, can be accessed here.

And the transcript in Powerex Corp. v. Reliant Energy Services, Inc., No. 05-85, can be accessed here.
Posted at 05:33 PM by Howard Bashman



The Associated Press is reporting: Now available online are articles headlined "Gonzales Hearing Postponed" and "Jury Selection Begins for Jose Padilla."
Posted at 05:27 PM by Howard Bashman


"This case strikes an unprecedented blow at the core of Fourth Amendment protections." So writes Circuit Judge Harry Pregerson, dissenting from the Ninth Circuit's denial of rehearing en banc today in Sanchez v. County of San Diego. Eight judges note their dissent from the denial of rehearing en banc. A total of seven judges joined in Judge Pregerson's dissent, while Circuit Judge Alex Kozinski notes that he dissents from the denial of rehearing en banc for the reasons explained in Circuit Judge Raymond C. Fisher's dissent from the original three-judge panel's ruling.

My earlier coverage of the three-judge panel's ruling appears here, while The San Diego Union-Tribune's coverage of that ruling can be accessed here. By a vote of 2-1, the panel rejected a constitutional challenge to San Diego County's welfare eligibility program, requiring all welfare applicants to consent to a warrantless home visit as a condition of eligibility.
Posted at 01:33 PM by Howard Bashman



"Padilla Judge: 9/11 OK for Trial Mention." The AP provides this report.
Posted at 11:40 AM by Howard Bashman


"Court Won't Review Inmate's Letter Case": The Associated Press provides this report.
Posted at 10:58 AM by Howard Bashman


"Poll: Most Say Politics Motivated U.S. Attorney Firings." The Washington Post provides this news update. The underlying data from the Washington Post-ABC News poll can be accessed here.
Posted at 10:55 AM by Howard Bashman


"Conservatives to Bush: Fire Gonzales." Time magazine has posted this report today at its web site.
Posted at 10:20 AM by Howard Bashman


California Supreme Court set to rule today on procedure for certifying class action cases: California's highest court has announced that it plans to issue a decision today in Fireside Bank v. Superior Court of Santa Clara County (Sandra Gonzalez, Real Party). The case presents the following question:
May a trial court ever depart from the preferred practice of deciding whether to certify a class action before adjudicating any class claims on the merits, or is the rule against such "one-way intervention" in class actions a firm prohibition applicable in all circumstances?
The decision of the California Court of Appeal in the case can be accessed here (Microsoft Word document).

The blog "The UCL Practitioner" has previously covered the case in posts that you can access here and here. Today's ruling is scheduled to issue at 1 p.m. eastern time and will be available via this link.

Update: You can access today's ruling at this link.
Posted at 10:15 AM by Howard Bashman



"Court grants no new cases": Lyle Denniston provides this report on today's U.S. Supreme Court Order List at "SCOTUSblog."
Posted at 10:05 AM by Howard Bashman


On today's broadcast of NPR's "Morning Edition": The broadcast contained audio segments entitled "Gonzales Set to Defend Firing of Prosecutors"; "Long, Winding Road Led to Padilla Trial"; "Gay-Marriage Advocates Switch Tactics"; and "Judicial Crisis Imperils Pakistan's Musharraf" (RealPlayer required).
Posted at 09:48 AM by Howard Bashman


"The Pace of the Court's Decisionmaking": Tom Goldstein has this post at "SCOTUSblog."
Posted at 08:57 AM by Howard Bashman


"Overtime case may change pay rules for home care workers": The Chicago Tribune today contains an article that begins, "The U.S. Supreme Court today will hear a case that could affect hundreds of thousands of home care workers and their elderly and disabled clients."
Posted at 07:45 AM by Howard Bashman


"The N-Word and a Plaintiff's Right to His Day in Court": You can access at this link today's installment of my weekly "On Appeal" column for law.com.
Posted at 06:48 AM by Howard Bashman


"Gonzales offers prosecutors apology ahead of testimony; Attorney general still defends firings of U.S. attorneys": This article appears today in USA Today.

And The Wall Street Journal reports today that "Gonzales Deputy, in Crossfire, Looks for Quiet Exit; McNulty Seeks Job In Private Sector; Scrutiny Intensifies" (free access).
Posted at 06:45 AM by Howard Bashman



"When a Judge Offers an Opinion Away From the Bench": Today in The New York Times, the brand new installment of Adam Liptak's "Sidebar" column (TimesSelect temporary pass-through link) begins, "Judge Wendell L. Griffen sits on the state appeals court here, and he likes to give a lively speech now and then. That may cost him his job."
Posted at 06:40 AM by Howard Bashman


Online today at FindLaw: Julie Hilden has an essay entitled "A Student Who Posted Profanities About Her School Principal on MySpace Wins Before The Indiana Court of Appeals: Why the State Constitution Protected Her, And How She Would Have Fared Under The First Amendment."

And Jonna M. Spilbor has an essay entitled "Closing The Door On the Duke Lacrosse Rape Claims: Why the Accuser Should Be Prosecuted, and The State Should Revamp the Way It Handles False Crime Reports."
Posted at 06:34 AM by Howard Bashman



"Overheated: The Court's EPA ruling won't clean up our air." Benjamin Wittes has this essay online today at The New Republic.
Posted at 06:30 AM by Howard Bashman


Sunday, April 15, 2007

"'Supreme Conflict' by Jan Crawford Greenburg: Bush built a right wing on highest court by trial, error." Law Professor Ken Gormley has this book review today in The Pittsburgh Post-Gazette.
Posted at 11:48 PM by Howard Bashman


"Dog case may set murder standard; Infamous attack and subsequent trial consumed San Francisco and sparked a nationwide debate over killer dogs": Maura Dolan will have this article Monday in The Los Angeles Times.
Posted at 11:45 PM by Howard Bashman


"A Woman Wrongly Convicted and a U.S. Attorney Who Kept His Job": Adam Cohen will have this Editorial Observer essay Monday in The New York Times.
Posted at 10:50 PM by Howard Bashman


Available online from National Public Radio: This evening's broadcast of "All Things Considered" contained audio segments entitled "Gonzales Admits Missteps in Attorney Firings" and "Home Health Aides Seek Labor Protections."

And today's broadcast of "Weekend Edition Sunday" contained audio segments entitled "Jury Selection to Begin at Padilla Trial" and "Durham Seeks Calm After Duke Lacrosse Case."

RealPlayer is required to launch these audio segments.
Posted at 10:44 PM by Howard Bashman



"'Nothing to Hide,' Gonzales Insists Before Senate Hearing": This article will appear Monday in The New York Times.

The Washington Post on Monday will report that "Ex-Justice Official's Statements Contradict Gonzales on Firings."

Monday's edition of The Los Angeles Times will report that "Gonzales to insist attorney firings were appropriate; In Tuesday Senate hearings, the attorney general plans to acknowledge mistakes in the dismissals, but will maintain that none of the prosecutors were fired for political reasons."

And McClatchy Newspapers report that "Gonzales declares he has `nothing to hide.'"
Posted at 10:30 PM by Howard Bashman



"Dropped Duke Charges Renew Hope in Georgia": The New York Times on Monday will contain an article that begins, "When North Carolina's attorney general said last week that an overreaching prosecutor lacked the evidence to support charges of rape against three former Duke University lacrosse players, some in this neighboring state hoped that tremors from his pronouncement would help free a former star high school football player. But as Georgia's legislative session neared a close, the odds were against them. The former football player, Genarlow Wilson, is serving 10 years without parole for having consensual oral sex with a 15-year-old girl at a New Year's Eve party, an offense that constituted aggravated child molesting even though he was 17 at the time."
Posted at 10:25 PM by Howard Bashman


"US antiterror tactics crimp new terror case: Some of the strongest evidence against Jose Padilla, whose trial begins Monday, was coerced and can't be used in court." Warren Richey will have this article Monday in The Christian Science Monitor.
Posted at 07:18 PM by Howard Bashman


"On Tuesday, all eyes will be on Gonzales": McClatchy Newspapers provide this report.

"TPMmuckraker" has posted at this link the prepared text of the Attorney General's opening statement to be delivered at Tuesday's hearing of the Senate Judiciary Committee. (Via "The Volokh Conspiracy"). Update: CNN.com has posted the 25-page opening statement in PDF format.
Posted at 03:37 PM by Howard Bashman



"Tombstone case may bury free speech": Today in The Chicago Tribune, columnist John Kass has an op-ed in which he writes, "The case is now pending before the U.S. Court of Appeals in Chicago and could end up before the U.S. Supreme Court, which may mark the first time that the high court's justices decide what may be printed on fake tombstones in your front yard."

You can access via this link the briefs and appendix filed in the case on appeal to the U.S. Court of Appeals for the Seventh Circuit. The Seventh Circuit heard oral argument in the case on April 4, 2007, and you can download the oral argument audio via this link (6 MB mp3 file).
Posted at 03:25 PM by Howard Bashman



"Gonzales: Keeping his distance, or deficient? Some say the attorney general delegates and doesn't worry about the details; Others question his priorities." The Los Angeles Times contains this article today, along with an article headlined "3 fired U.S. attorneys were tried by border policing; Documents show the Justice Department and prosecutors were often at odds over how to control illegal immigration."

The Milwaukee Journal Sentinel reports today that "Politics had no role, Biskupic says; U.S. attorney was unaware his job was in jeopardy during prosecution of state official, he says."

In The Washington Post, Attorney General Alberto R. Gonzales has an op-ed entitled "Nothing Improper." In addition, Scott Turow has an op-ed entitled "It's Up to Gonzales Now."

And The New York Times contains an editorial entitled "The Fantasy Behind the Scandal."
Posted at 03:04 PM by Howard Bashman



"Padilla terror trial is ready to unfold; After five years in detention, Jose Padilla will finally have his day in court as jury selection begins Monday in a high-profile terrorism trial in Miami": This article appears today in The Miami Herald.

The South Florida Sun-Sentinel reports today that "5 years later, Padilla terror case closer to trial."

And The Associated Press reports that "Padilla Jury Selection Opening."
Posted at 02:50 PM by Howard Bashman



"In Mexico, Powerful Forces Drive a Furious Debate Over Abortion; Catholic Church Fights Legislation": The Washington Post contains this article today.
Posted at 02:24 PM by Howard Bashman


"The politics of life and death: An inmate's fate often hinges on luck of the draw." This article appears today in The Cincinnati Enquirer. According to the newspaper's summary of the article's findings, "An Enquirer analysis of the U.S. 6th Circuit Court of Appeals in Cincinnati shows that judges appointed by Republicans vote against inmates 85 percent of the time, while those appointed by Democrats vote for them 75 percent of the time." (Via "Sentencing Law and Policy").
Posted at 12:00 PM by Howard Bashman


On yesterday's broadcast of NPR's "Weekend Edition Saturday": The broadcast contained audio segments entitled "Ethics of Prosecutor in Duke Case Questioned" and "Raleigh Paper Publishes Duke Accuser's Name" (RealPlayer required).
Posted at 11:48 AM by Howard Bashman


"The Supremes: Just what are top justices really afraid of?" Columnist Lisa Scottoline had this op-ed yesterday in The Philadelphia Inquirer.
Posted at 11:42 AM by Howard Bashman


"U.S. legal roots noted; Jamestown event with top U.S., English judges caps Rule of Law Conference": The Richmond Times-Dispatch contains this article today.

And The Daily Press of Hampton Roads, Virginia reports today that "Jurists from two continents mark birth of law and land; U.S. and British legal minds celebrate the beginning of a beautiful relationship at Jamestown." A related photo can be accessed here.
Posted at 11:37 AM by Howard Bashman



"A case starts to unravel: District Attorney Mike Nifong brusquely rejects defense lawyers' overtures and an offer to share information; The emerging evidence does not support his certainty." This article -- part two in a five-part series, appears today in The News & Observer of Raleigh, North Carolina. I previously linked here to part one of the series, published yesterday.

And The Herald-Sun of Durham, North Carolina today contains articles headlined "Brodhead defends Duke handling of case" and "City officials counter botched investigation claims."
Posted at 11:24 AM by Howard Bashman



Saturday, April 14, 2007

The San Francisco Chronicle is reporting: Today's newspaper contains an article headlined "New execution chamber infuriates lawmakers; Facility at San Quentin was built quietly."

And Bob Egelko reports that "They can't send 'guru of ganja' to jail, but feds will retry case."
Posted at 11:59 PM by Howard Bashman



"Justices weigh limits on racial slurs in the workplace; The Supreme Court may hear the case of a black computer technician fired after he complained about a co-worker's comment": David G. Savage has this article today in The Los Angeles Times.
Posted at 11:58 PM by Howard Bashman


"E-Mail Identified G.O.P. Candidates for Justice Jobs": The New York Times contains this article today, along with an article headlined "Lawyer Says Rove Assumed E-Mail Was Kept."

The Washington Post today contains articles headlined "Gonzales Aide Floated Replacements Early On" and "Explaining Missing E-Mails, Attorney Says Rove Thought RNC Saved Them." The newspaper also contains an editorial entitled "White House E-Mail Mystery: The administration needs to do better if this puzzle is not to become a scandal."

The Los Angeles Times contains articles headlined "Attorneys assessed long before firings; Bush officials looked at insiders to take the prosecutor jobs, new documents show"; "Search for e-mails in U.S. attorney firings may be fruitless; Karl Rove's messages sought by congressional Democrats may be lost to changes in storage practices"; and "Rove, others were warned to save e-mails."

The Boston Globe reports that "Testimony of ex-aide to Gonzales questioned; E-mails show list of replacements for prosecutors."

In The San Francisco Chronicle, Bob Egelko reports that "Justice Dept. criticized S.F. prosecutor, papers show; Memo suggests Ryan was fired for running a 'fractured' office."

And McClatchy Newspapers report that "Wisconsin prosecutor surfaced on 'firing' list" and "U.S. attorney asserts politics had no place in his decisions." You can also access online this statement issued today by Steven M. Biskupic, United States Attorney for the Eastern District of Wisconsin.
Posted at 11:15 PM by Howard Bashman



"Administration Seeks to Expand Surveillance Law": This article appears today in The Washington Post.

The New York Times reports today that "Legislation Seeks to Ease Rules on Domestic Spying."

And at "SCOTUSblog," Lyle Denniston has a post titled "Narrower role for Court on electronic spying?"
Posted at 11:08 PM by Howard Bashman



"Lawyer Attacked for Book His Panel Deems Offensive": The New York Times today contains an article that begins, "Raoul Felder, a celebrity divorce lawyer who is chairman of a state commission that oversees judges, has been given a unanimous vote of no confidence by the other nine members of the commission for helping to write a book they said is racially and ethnically inflammatory."

The New York Post today contains an article headlined "Roasting Raoul: Law panel moves to ax Felder for 'racial' book."

And The Associated Press reports that "Judge conduct panel shuns its 'Schmucks!' chairman."

You can learn more about the book in question at this link.
Posted at 11:00 PM by Howard Bashman



"Texas Inmate Basis of Supreme Court Case": The Associated Press provides this report.
Posted at 09:44 PM by Howard Bashman


"Courts and Greens": The New York Times today contains an editorial that begins, "A little over four years ago, when the forces of deregulation were riding high, this page observed that the federal courts could turn out to be the last, best hope for slowing the Bush administrationís assault on the body of bipartisan environmental law established over the last four decades and, by extension, on the environment itself. As things have turned out, this is pretty much what has happened."
Posted at 09:35 PM by Howard Bashman


"Quest to convict hid a lack of evidence; The district attorney moved quickly to take over the lacrosse inquiry; An N&O review shows that once he accepted the accuser's story, little else mattered": This article -- the first in a five-part series titled "Rush to Judgment" -- appears today in The News & Observer of Raleigh, North Carolina.

The newspaper today also contains articles headlined "Bar denies Nifong's request; Allegation that he withheld evidence in Duke lacrosse case won't be dismissed"; "Lacrosse dismissal ends season of discontent"; "Case's end worries crisis counselors; Some say fewer assaults will be reported"; "Player's lawyer: Accuser shouldn't be charged"; and "Cooper is choosy with media interviews; Others are denied; '60 Minutes' isn't."

The Herald-Sun of Durham, North Carolina today contains articles headlined "Charges stand against Nifong"; "Cooper: Nifong's behavior 'offensive'"; and "Bar complaints stem from comments."

And The New York Times reports that "Prosecutor Loses Effort to Dismiss Main Ethics Charge."
Posted at 09:24 PM by Howard Bashman



"P&G takes issue with effort to overturn verdict in SLC": The Salt Lake Tribune today contains an article that begins, "Procter & Gamble is giving Amway distributors hell for trying to overturn a multimillion-dollar jury verdict against them for spreading the false rumor that the household-products giant supported a satanic church."

And The Associated Press reports that "P&G Wants Judge to Uphold Jury Award."
Posted at 11:14 AM by Howard Bashman



"Alito to sell Jersey home; He coached kids, raised family here": Yesterday's edition of The Newark Star-Ledger contained an article that begins, "Samuel A. Alito Jr.'s Jersey roots run deep: Trenton-born, he grew up in Hamilton Township, attended Princeton University and later settled in West Caldwell with his wife, Martha-Ann. After Alito joined the U.S. Supreme Court last year as its newest justice, his family stayed put so his daughter could finish her senior year at James Caldwell High School. Every weekend, he left the nation's capital and trekked back home. But come June, Alito will no longer have a Jersey address: He and his wife are under contract to sell the two-story Colonial where they raised their children and lived for nearly two decades. With both kids now in college, they plan to purchase a home closer to his new job, instead of renting as they had been doing."
Posted at 11:05 AM by Howard Bashman


"Roberts cites role of independent judiciary; It is the greatest contribution of U.S. to the rule of law, chief justice tells Richmond gathering": This article appears today in The Richmond Times-Dispatch.

And The Associated Press reports that "Chief justice emphasizes judicial system's English roots."

You can learn more about the event that caused the Chief Justice to be in Richmond, Virginia last night by clicking here.
Posted at 09:04 AM by Howard Bashman



Available online from law.com: An article reports that "$1 Billion Fen-Phen Case Settles Before Appellate Oral Arguments."

In other news, "Mandatory CLE Planned for New Jersey, State High Court Says."

Jason McLure and T.R. Goldman have an article headlined "The Man Behind the Democratic Assault on the DOJ: Schumer counsel Bharara knows something about the Justice Department: He's a former assistant U.S. Attorney."

And the brand new installment of my weekly "On Appeal" column is headlined "The N-Word and a Plaintiff's Right to His Day in Court."
Posted at 09:00 AM by Howard Bashman



Friday, April 13, 2007

"Political Resume, Not Court, Stood Out for a Contender": The New York Times on Saturday will contain an article that begins, "Rachel L. Brand, by her own admission, has never prosecuted so much as a traffic case. But in January 2006, when Justice Department officials began to discuss removing some United States attorneys, Ms. Brand was proposed as the top federal prosecutor in the Western District of Michigan, an e-mail message released on Friday shows."
Posted at 11:30 PM by Howard Bashman


Available online from National Public Radio: This evening's broadcast of "All Things Considered" contained audio segments entitled "Documents Show Justice Ranking U.S. Attorneys" and "Lawyers, Activists Protest Removal of Pakistan Judge."

And today's broadcast of "Day to Day" contained an audio segment entitled "Deleted E-Mails: Gone Forever?"

RealPlayer is required to launch these audio segments.
Posted at 11:27 PM by Howard Bashman



"Scalia tells UP tradition must guide court": The Oregonian today contains an article that begins, "Long-standing practices should win out over abstract rules when the U.S. Constitution is interpreted, Supreme Court Justice Antonin Scalia told a crowd of more than 1,500 Thursday at the University of Portland."

And The Associated Press reports that "Scalia says he played centrist role in religion cases."
Posted at 09:45 PM by Howard Bashman



"Profs detail Scalia's judicial philosophy": This article appears today in The Chicago Maroon. And for those who can't get enough of Law Professor Stephanos Bibas, you can see another photo of him here.
Posted at 09:40 PM by Howard Bashman


"Gonzales Aide Suggested Replacements for Attorneys": The New York Times provides a news update that begins, "A Justice Department e-mail released today shows that the former chief of staff to Attorney General Alberto R. Gonzales proposed replacement candidates for seven United States attorneys nearly a year before those prosecutors were fired, in contrast to testimony last month in which the aide said that no successors were considered before the firings."

The Washington Post provides a news update headlined "Attorney Replacements Picked Prior to Firings; White House Identified Bush Insiders for Posts, E-mails Show."

McClatchy Newspapers report that "Deleting embarrassing e-mails isn't easy, experts say."

And law.com's Tony Mauro has an interview headlined "Daniel Metcalfe Says 'Nothing Compares to the Past Two Years.'"
Posted at 06:02 PM by Howard Bashman



"Libby to Appeal Conviction in Leak Case": The Associated Press provides a report that begins, "Former White House aide I. Lewis 'Scooter' Libby said Friday he no longer plans to ask for a new trial in the CIA leak case but still expects to appeal his conviction."
Posted at 05:54 PM by Howard Bashman


"Prosecuting the Prosecutor: Did the DA in the Duke lacrosse case commit a crime?" Law Professor Joseph Kennedy has this jurisprudence essay online at Slate.
Posted at 05:28 PM by Howard Bashman


"Court Ruling OKs Mercury Fillings": The Associated Press provides this report.

My earlier coverage of today's D.C. Circuit ruling appears at this link.
Posted at 12:40 PM by Howard Bashman



Don't feed the trolls: That remark is commonly found on popular blogs with comments. But, in contrast to internet trolls, today the U.S. Court of Appeals for the Second Circuit has decided a copyright appeal involving troll dolls and so-called "restored" copyrights. You can access today's ruling at this link.
Posted at 11:50 AM by Howard Bashman


"Protesters in Pakistan Rally for Judge": The Associated Press provides a report that begins, "Protesters burned an effigy of President Gen. Pervez Musharraf and demanded his resignation, as thousands rallied across Pakistan during a court hearing Friday for a top judge removed by the government. Musharraf suspended Ifitkhar Mohammed Chaudhry from his Supreme Court post last month, citing suspicions that he had abused his position."
Posted at 10:30 AM by Howard Bashman


"Corruption cases above politics, prosecutor says; Biskupic caught in U.S. attorneys fray": This article appears today in The Milwaukee Journal Sentinel.

And a related editorial in today's newspaper is headlined "The focus on Biskupic -- Items to consider: He's a career prosecutor; He has pursued political corruption cases against Republicans; He says he is unaware of White House pressure."
Posted at 10:27 AM by Howard Bashman



On today's broadcast of NPR's "Morning Edition": The broadcast contained audio segments entitled "'Lost' RNC E-Mail Irks Democrats" and "Senate Panel Sets Deadline on Corruption Case" (RealPlayer required).
Posted at 10:20 AM by Howard Bashman


Bloomberg News is reporting: Now available online are articles headlined "White House Can't Say If Lost E-Mails Include Firings" and "Bush Administration Threatens Veto of Secret Prison Measure."
Posted at 10:18 AM by Howard Bashman


D.C. Circuit rejects challenge brought by Moms Against Mercury to remove tooth filling compound containing dental mercury from the marketplace until the Food and Drug Administration classifies the compound: You can access today's ruling, which dismisses the action for lack of subject matter jurisdiction, at this link.
Posted at 10:13 AM by Howard Bashman


Peremptory challenge of visually impaired jurors is not subject to heightened scrutiny under Batson, D.C. Circuit holds: You can access today's ruling of the U.S. Court of Appeals for the D.C. Circuit at this link.
Posted at 10:07 AM by Howard Bashman


"A Unified Theory of Scandal: The real roots of the U.S. attorney firings." Law Professor Jeffrey Rosen will have this essay (pass-through link) in the April 23, 2007 issue of The New Republic. The final paragraph of Rosen's essay begins, "The disrepute Gonzales has inflicted on the Justice Department stems from a heavy-handed embrace of the theory of the unitary executive."
Posted at 08:55 AM by Howard Bashman


"2 'high-value' Guantanamo detainees deny terrorism; One, the nephew of 9/11 mastermind Khalid Shaikh Mohammed, says he has been helping the U.S. foil terrorism and deserves leniency": This article appears today in The Los Angeles Times.

The Washington Post reports today that "Nephew of 9/11 Mastermind Denies Involvement in the Attacks."

And Carol Rosenberg of The Miami Herald reports that "Two detainees deny belonging to al Qaeda; Two alleged terrorists held at Guantanamo denied being al Qaeda members, according to censored transcripts of secret hearings made public by the Pentagon."
Posted at 08:50 AM by Howard Bashman



"Court rules on death penalty, retardation; Even if a defendant's total IQ is normal, a deficiency in a particular area may be enough to bar execution, California justices say": Maura Dolan has this article today in The Los Angeles Times.

And in The San Francisco Chronicle, Bob Egelko reports today that "Judges given leeway to assess mental function; Convicts could avoid the death penalty if found to be retarded."

You can access yesterday's ruling of the Supreme Court of California at this link.
Posted at 08:40 AM by Howard Bashman



"Duke outcome spurs hope in teen sex case: Lawyer wants new day in court." The Atlanta Journal-Constitution today contains an article that begins, "The attorney for Genarlow Wilson, who is serving 10 years in prison for having consensual sex as a teenager, said Thursday she will serve Georgia Attorney General Thurbert E. Baker with a legal motion to get Wilson another day in court. Attorney B.J. Bernstein said she hoped Baker would follow the lead of North Carolina Attorney General Roy Cooper who, on Wednesday, dropped charges against three Duke University Lacrosse players who had been accused of sexually assaulting a stripper at a party. That case had drawn national headlines, like the case of Wilson, who was convicted in April 2005 of having consensual sex with another teenager and given a 10-year prison sentence. He was 17 at the time, the girl was 15. He has served 27 months as Bernstein has sought to get a new trial."
Posted at 08:27 AM by Howard Bashman


"Early Verdict on Whitehouse Favorable": The Washington Post today contains an article that begins, "Sen. Sheldon Whitehouse (D-R.I.) was getting needled by his peers from the moment he walked into his first meeting of Judiciary Committee Democrats in early January."
Posted at 08:24 AM by Howard Bashman


"Rove E-Mail Sought by Congress May Be Missing; RNC Took Away His Access to Delete Files in 2005": This front page article appears today in The Washington Post.

The Los Angeles Times reports today that "Controversy escalates over missing e-mails; GOP officials say they're still searching for messages related to investigations of the Bush administration; Democrats focus on Karl Rove's role."

The Boston Globe reports that "Subpoenas vowed over 'lost' e-mails."

The Washington Times reports that "Senator doubts Bush aides on e-mails."

And The New York Sun contains an editorial entitled "Waiting for Gonzales."
Posted at 08:20 AM by Howard Bashman



"Pittsburgh judge will remain on Wecht case": Jason Cato today has this article, in which I am quoted, in The Pittsburgh Tribune-Review.

And The Pittsburgh Post-Gazette reports today that "U.S. appeals court rules judge may stay on Wecht case."

My earlier coverage of yesterday's Third Circuit ruling appears at this link.
Posted at 08:12 AM by Howard Bashman



"Accusers Recant, but Hopes Still Fade in Sing Sing": The New York Times contains this lengthy article today.
Posted at 08:00 AM by Howard Bashman


"State Supreme Court upholds Killen conviction; Klansman was found guilty of 3 1964 slayings": This article appears today in The Clarion-Ledger of Jackson, Mississippi.

My earlier coverage of yesterday's ruling of the Supreme Court of Mississippi can be accessed here.
Posted at 07:48 AM by Howard Bashman



"Judge To Review Lawyer Ads": Today in The New York Sun, Joseph Goldstein has an article that begins, "New state rules prohibiting certain attorney advertisements will face their first legal test Friday, when a federal judge in Syracuse hears oral arguments on whether the restrictions violate the First Amendment."

And The Business Review of Albany, New York reports this week that "Lawsuit challenges attorney advertising rules."
Posted at 07:45 AM by Howard Bashman



"A California Court Upholds Neighborhood-Based School Integration: A Possible Alternative If, As Many Expect, the Supreme Court Strikes Down More Conventional Race-Based Pupil Assignment." Vikram David Amar has this essay online today at FindLaw. My earlier coverage appears at this link.
Posted at 07:33 AM by Howard Bashman


Thursday, April 12, 2007

"First Amendment martyr? Josh Wolf tells Salon why he spent 226 days in prison rather than comply with a subpoena, and gives his take on what a 'journalist' is." Alex Koppelman has this article at Salon.com.
Posted at 10:54 PM by Howard Bashman


"Missing E-Mail May Be Related to Prosecutors": This article will appear Friday in The New York Times.

And McClatchy Newspapers report that "Key Democrat accuses officials of lying about e-mails."
Posted at 10:50 PM by Howard Bashman



In articles commemorating the 25th anniversary of the Canadian charter of rights and freedoms: The Toronto Globe and Mail today contains an article headlined "Ten court rulings that cemented rights and freedoms: Panel selects most influential decisions."

Yesterday the newspaper contained articles headlined "Unions, most racial minorities have left court empty-handed; But natives, gays took huge strides in legal challenges" and "Charting a course in the age of judicial review: Legal protections for minorities vital in age of terrorism, Ontario judge says."

And on Tuesday, the newspaper reported that "It 'fundamentally' changed the justice system, but critics say strain of uncertainty in courts is making Charter application tougher than ever."
Posted at 10:44 PM by Howard Bashman



"Duke lacrosse players 'innocent'; State Attorney General Roy Cooper criticizes Nifong's 'rush to accuse'": This article appears today in The News & Observer of Raleigh, North Carolina, along with an article headlined "Players recount bitter fight for truth."

The Herald-Sun of Durham, North Carolina today contains articles headlined "Attorney general drops charges in Duke lacrosse case"; "Calls mount for DA's immediate resignation"; "Defense: 'We're ... very, very angry'"; and "Duke officials pleased with end to explosive case."

The Duke Chronicle contains articles headlined "'Innocent': AG drops remaining charges, condemns Nifong's 'bravado'"; "Players express relief, lawyers laud 'great day for justice'"; "Admins praise dismissal, stand by response to case"; "Students respond to dismissal, tumultuous year"; and "Players respond to dismissals; Men's, women's lax players support classmates at press conference." The newspaper also contains an editorial entitled "Disbar Mike Nifong."

The Los Angeles Times reports that "All charges dropped in Duke athletes' sex case; N.C. attorney general calls three men 'victims of a rush to condemn.'"

USA Today contains articles headlined "All Duke case charges dropped; State prosecutor says case lacked 'credible evidence'" and "In end, the accusing fingers were pointed at prosecutor." The newspaper also contains an editorial entitled "Duke rape case implodes, revealing 'world of injustice.'"

The Washington Post contains articles headlined "Teammates' Families Relieved, Worried; Sons' Reputations Harmed, Some Fear" and "Charges Dropped, Perceptions Linger; Beleaguered Lacrosse Claims Redemption; Growth Ensures More Visibility, Scrutiny."

And The Washington Times reports that "Ex-players cleared in Duke case."
Posted at 10:30 PM by Howard Bashman



The Associated Press is reporting: Now available online are articles headlined "Appeals Court Blocks Militant's Release" and "Ky. Court Considers Inmate's Death Wish."
Posted at 08:25 PM by Howard Bashman


On this evening's broadcast of NPR's "All Things Considered": The broadcast contained audio segments entitled "White House Admits to Misplacing E-Mails" and "Senate Panel Seeks Full Versions of Documents" (RealPlayer required).
Posted at 08:22 PM by Howard Bashman


"New Debate Over IDs of Sex-Case Accusers": The AP provides a report that begins, "In hindsight, it seems unfair. For nearly a year, three Duke lacrosse players were publicly identified as alleged sexual assailants, while their accuser - whose claims are now discredited - was shielded by anonymity. But that double standard is the way of American journalism, and is unlikely to change any time soon, even though the Duke case is provoking a reassessment of the practice."

Today, The News & Observer of Raleigh, North Carolina names the accuser in an article headlined "Contradictions tore case apart; Accuser gave many versions of events on night of party." And an essay by that newspaper's executive editor is headlined "N&O's decision to identify accuser was made with care."
Posted at 06:18 PM by Howard Bashman



"Home Care Worker Seeks Overtime Ruling": The Associated Press provides a report that begins, "Evelyn Coke spent more than two decades caring for the sick and infirm in their homes, working long hours in a physically demanding job that doesn't pay any overtime. Now in failing health, Coke has become a symbol for the nation's 1 million home care workers, filing a lawsuit against her former employer that is now before the Supreme Court."
Posted at 06:15 PM by Howard Bashman


On May 6, 2007, "How Appealing" will turn five years of age: How does one celebrate the fifth birthday of a popular law-related blog? In this instance, by traveling to Milwaukee, Wisconsin that morning to attend an early afternoon Milwaukee Brewers baseball game with an avid sports fan whose work this blog has adored since day one. And then I'll have the pleasure of remaining in Milwaukee for the next couple of days to attend and participate in this event, which will enable me to visit with some others whose work this blog has adored since day one.
Posted at 05:00 PM by Howard Bashman


Rio Tinto times two: Readers seeking word of developments related to the Alien Tort Claims Act may be interested to learn that today a still divided three-judge Ninth Circuit panel issued a revised ruling addressing the claims of Bougainville, Papua New Guinea residents who allege that they or their family members were victims of numerous violations of international law resulting from Rio Tinto, PLC's Bougainville mining operations and the 10-year civil conflict that followed an uprising at the Rio Tinto mine. Or, if you're like me, you can just marvel at the fact that today's ruling somehow manages to be four pages longer than the same divided three-judge panel's original 92-page ruling from August 2006.

The Ninth Circuit's order accompanying today's filing notes that "Further petitions for rehearing or rehearing en banc may be filed." At this rate, the case may stay at the Ninth Circuit for longer than the ten-year civil conflict that gives rise to the dispute. My coverage of the appellate court's initial August 2006 ruling in the case can be accessed here.
Posted at 04:45 PM by Howard Bashman



"Duke DA Apologizes to Players": The Associated Press provides a report that begins, "The local prosecutor who charged three Duke lacrosse players with raping a stripper apologized to the athletes Thursday, a day after North Carolina's attorney general dropped the entire case."

And in perhaps related news, The AP is also reporting that "Cleared Duke Players Could Sue." The article begins, "Now that they have been declared innocent, the three former Duke lacrosse players accused of rape could very well sue the district attorney who went after them - and some legal experts say they have a case."
Posted at 04:33 PM by Howard Bashman



On today's broadcast of NPR's "Day to Day": The broadcast contained audio segments entitled "Subpoenas Keep Coming for Justice Department" and "House Panel Probes RNC E-Mails" (RealPlayer required).
Posted at 04:28 PM by Howard Bashman


"The question presented is whether an acquittal on a charge of an attempted drug offense requires, under the Double Jeopardy Clause of the Fifth Amendment, the dismissal of a charge of a drug conspiracy on which the jury was unable to reach a verdict." Today, Circuit Judge William H. Pryor, Jr. issued an opinion on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit that begins, "This appeal by the United States involves the application of collateral estoppel to a partial verdict, which is an issue that has divided not only our sister circuits but panels of our circuit as well."

Considering the circumstances -- Judge Pryor, a circuit split, a defendant arrested in possession of the illegal drug ecstasy, and the odds that a criminal defendant might win on appeal in the Eleventh Circuit -- you might expect that the federal government would win this appeal. If so, you'd be wrong.
Posted at 04:25 PM by Howard Bashman



"Miss. Court Upholds Killen Conviction": The Associated Press provides a report that begins, "The Mississippi Supreme Court on Thursday upheld the manslaughter convictions of former Ku Klux Klan leader Edgar Ray Killen in the slayings of three civil rights workers in 1964."

You can access today's ruling of the Supreme Court of Mississippi at this link.
Posted at 04:10 PM by Howard Bashman



"Judge allowed to remain on Wecht case; Appeals panel orders records on FBI agent unsealed, overturns local court gag order on attorneys": The Pittsburgh Post-Gazette provides this news update.

My earlier coverage of today's Third Circuit ruling appears at this link.
Posted at 03:18 PM by Howard Bashman



"Disinfectable: not trademarkable." So concludes a decision that a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 12:40 PM by Howard Bashman


U.S. Court of Appeals for the Third Circuit holds that federal district courts may only prohibit attorney speech that is substantially likely to materially prejudice ongoing criminal proceedings: A three-judge Third Circuit panel has today issued its much anticipated decision in United States v. Wecht.

By a vote of 2-1, the panel denies the defendant's request to order the recusal of the federal district judge who is presiding over the prosecution. Yet even the majority opinion offers some notable criticisms of the trial judge's actions.

In early press coverage, The Pittsburgh Tribune-Review provides a news update headlined "Court: District Judge Arthur Schwab can continue to preside over Wecht prosecution."
Posted at 12:30 PM by Howard Bashman



On today's broadcast of NPR's "Morning Edition": The broadcast contained audio segments entitled "White House May Have Lost Some U.S. Attorney E-Mails"; "South Carolina Considers Pre-Abortion Ultrasounds"; and "Prisoner to Testify on Ease of Tax Scam" (featuring Nina Totenberg). RealPlayer is required to launch these audio segments.
Posted at 12:14 PM by Howard Bashman


Martindale-Hubbell loses Federal Circuit appeal seeking to trademark "Lawyers.com": Today's ruling upholds the decision of the Trademark Trial and Appeal Board that the mark in question is generic.

The TTAB's ruling affirmed today can be accessed at this link. "The TTABlog" covered that earlier ruling in a post you can access here.
Posted at 11:38 AM by Howard Bashman



Supreme Court of California to issue decision today construing California law intended to prevent mentally retarded capital defendants from receiving the death penalty: According to that court's announcement of decisions scheduled to be issued today, the case presents the following issues:
(1) Do the People have the right to pretrial review of a trial court's determination under Penal Code section 1376 that a capital defendant is mentally retarded? (2) Did the trial court use an incorrect legal standard in finding defendant mentally retarded?
You can access at this link an earlier ruling in the case from the California Court of Appeal. Today's ruling of the Supreme Court of California is scheduled to become available via this link at 1 p.m. eastern time today.

Update: You can now access today's opinion online at this link.
Posted at 09:44 AM by Howard Bashman



"Padilla Team Objects to Agent Testimony": The Associated Press provides a report that begins, "Attorneys for suspected al-Qaida operative Jose Padilla have objected to a proposal to have a disguised CIA officer testify for the government using a false name, saying it would violate Padilla's rights and unfairly limit questioning during trial."
Posted at 09:32 AM by Howard Bashman


"Joining Gonzales in 'Challenging Times'": The Washington Post today contains an article that begins, "This week U.S. Attorney Kevin J. O'Connor of Connecticut was named Attorney General Alberto R. Gonzales's third chief of staff in as many months, meaning few can congratulate him on the promotion without a sympathetic laugh."

And in today's issue of The Washington Times, William Otis has an op-ed entitled "The Gonzales hunt."
Posted at 09:30 AM by Howard Bashman



"San Jose gay couple's adoption site suit OK'd for trial": Yesterday's edition of The San Jose Mercury News contained an article that begins, "In a court ruling that could have major implications for how Internet business is conducted between states, a federal judge has ruled that a San Jose gay couple may go to trial against an Arizona adoption Web site that refused to let them post their profile in their search for a birth mother. U.S. District Judge Phyllis Hamilton rejected arguments by Adoption.com that the company had the right to exclude same-sex couples from its paid listings, which are designed to match birth mothers with qualified parents."

And today in The San Francisco Chronicle, Bob Egelko has an article headlined "Gay couple's suit against Adoption.com goes forward" that begins, "A gay couple from San Jose can sue an out-of-state Internet adoption service for allegedly violating California discrimination laws by refusing to post the two men's profiles on a Web site where prospective birth mothers could see them, a federal judge has ruled."

I have posted online at this link the 81-page opinion that the U.S. District Court for the Northern District of California issued on March 30, 2007.
Posted at 09:20 AM by Howard Bashman



"We're hooked on court drama: American jurisprudence makes for some mighty fine entertainment." Thane Rosenbaum has this op-ed today in The Los Angeles Times.
Posted at 09:08 AM by Howard Bashman


Third Circuit Judge Kent A. Jordan was the speaker at yesterday's luncheon of the Appellate Courts Committee of the Philadelphia Bar Association: You can download the audio of his remarks via this link (23 MB mp3 audio file).
Posted at 08:57 AM by Howard Bashman


"Bush Advisers' Approach on E-Mail Draws Fire": The New York Times today contains an article that begins, "Political advisers to President Bush may have improperly used their Republican National Committee e-mail accounts to conduct official government business, and some communications that are required to be preserved under federal law may be lost as a result, White House officials said Wednesday."

The Washington Post reports today that "White House E-Mail Lost in Private Accounts; Messages May Have Included Discussions About Firing of Eight Prosecutors."

The Los Angeles Times reports that "Officials' e-mail may be missing, White House says; The messages, on a private system, are wanted by Congress in a probe of the firings of eight U.S. attorneys."

McClatchy Newspapers report that "Questions remain about White House aides' use of e-mail system."

And The Washington Times reports that "E-mails deleted from unofficial GOP accounts."
Posted at 08:32 AM by Howard Bashman



"Justices: Prosecution can use post-shooting actions at Williams retrial; Rare split ruling in death of limo driver addresses issue of inflammatory evidence." The Newark (N.J.) Star-Ledger contains this article today.

And The New York Times reports today that "Court Says Jury Can Hear of Basketball Star's Cover-Up Efforts in Shooting."

My earlier coverage of yesterday's 4-3 ruling of the Supreme Court of New Jersey appears at this link.
Posted at 08:30 AM by Howard Bashman



"Appeals judges pepper lawyers with questions in South Dakota abortion case": This article appears today in The St. Louis Post-Dispatch.

And The Los Angeles Times reports today that "Abortion foes work to expand informed-consent laws; Activists on the other side say the sort of information mandated for women amounts to a misleading scare tactic."
Posted at 08:20 AM by Howard Bashman



"Feres follies": Today's edition of USA Today contains an editorial that begins, "When the Supreme Court created the Feres Doctrine in 1950, it barred all injuries that are 'incident to service,' a prohibition that effectively blocked any negligence lawsuit by a servicemember against the military."

The newspaper also contains a related op-ed by Law Professor Jonathan Turley entitled "What our soldiers really need: Lawyers."
Posted at 08:05 AM by Howard Bashman



"In Al-Arian Case, Fla. Judge Said To Overstep Authority": Today in The New York Sun, Josh Gerstein has an article that begins, "A Tampa, Fla.-based federal judge exceeded his authority when he issued a key ruling in a grand jury contempt dispute involving a former professor at the center of a long-running terrorism case, Sami Al-Arian, prosecutors contend."
Posted at 07:48 AM by Howard Bashman


"The Supreme Court as Umpire?: How the Global Warming Decision Illuminates the Role We Ask the Justices to Play." Edward Lazarus has this essay online today at FindLaw.
Posted at 06:48 AM by Howard Bashman


Wednesday, April 11, 2007

"Duke Prosecutor Throws Out Case Against Players": This article will appear Thursday in The New York Times.

The Washington Post on Thursday will contain a front page article headlined "All Charges Dropped Against 3 at Duke."

And The Los Angeles Times provides a news update headlined "Duke lacrosse players cleared of all charges."
Posted at 11:08 PM by Howard Bashman



Does requiring a judge to give written reasons for a ruling necessarily improve the quality of the ruling? Law Professor Chad M. Oldfather has posted online at SSRN an article titled "Writing, Cognition, and the Nature of the Judicial Function" (abstract with link for download; via "Legal Theory Blog").
Posted at 10:58 PM by Howard Bashman


Available online at law.com: In news from New Jersey, "Jurors at Basketball Star's Retrial May Hear Evidence of Post-Shooting Cover-Up." My earlier coverage appears here.

And in news from California, "Court's OK Likely in Overstock.com Stock Libel Suit."
Posted at 10:48 PM by Howard Bashman



"Mike Nifong, Meet Alberto: What the rape case fiasco and the U.S. attorney scandal have in common." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 09:08 PM by Howard Bashman


"Court Says Williams' Jury Can Hear of Post-Shooting Actions": Bloomberg News provides a report that begins, "Prosecutors can tell a jury that former basketball All-Star Jayson Williams removed his fingerprints from a shotgun, got rid of bloody clothes and told others to lie to police after a hired driver was killed in his bedroom, the New Jersey Supreme Court ruled today."

And The Associated Press reports that "Williams Jury Can Hear Cover-Up Evidence."

You can access today's 4-3 ruling of the Supreme Court of New Jersey at this link.
Posted at 09:00 PM by Howard Bashman



"Company Asks Top Court to Dismiss Appeal": The Associated Press provides a report that begins, "A major employment discrimination case under review by the Supreme Court is headed for dismissal just a week before justices were set to hear arguments, a lawyer said Wednesday."

And at "SCOTUSblog," Lyle Denniston has a post titled "Job bias case to be dismissed."
Posted at 08:40 PM by Howard Bashman



"Saving Free Speech and Jesus: Religious and conservative groups support the 'Bong Hits 4 Jesus' banner under fire at the Supreme Court." Nat Hentoff has this essay in the current issue of The Village Voice.
Posted at 05:20 PM by Howard Bashman


"Who's Watching the F.B.I.? The information it gathers may too often be your own." Law Professor Jeffrey Rosen will have this essay (TimesSelect temporary pass-through link) in this upcoming Sunday's edition of The New York Times Magazine.

Update: The essay can now be freely accessed at this link.
Posted at 03:18 PM by Howard Bashman



Can a federal criminal defendant refuse to be represented by a particular court-appointed attorney without being forced, as a consequence, to invoke the right to proceed without the assistance of counsel? A divided three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit issued this interesting decision today.
Posted at 03:10 PM by Howard Bashman


"Prosecutor Drops Charges in Duke Case": The Associated Press provides a report that begins, "Prosecutors dropped all charges Wednesday against the three Duke lacrosse players accused of sexually assaulting a stripper at a party, saying the athletes were innocent victims of a 'tragic rush to accuse' by an overreaching district attorney."

And The News & Observer of Raleigh, North Carolina provides an update headlined "All lacrosse charges dropped."
Posted at 02:45 PM by Howard Bashman



Access online the audio of today's en banc Eighth Circuit oral argument in South Dakota's appeal from a preliminary injunction prohibiting enforcement of measures enacted in 2005 revising that State's law on informed consent to abortion: You can download the en banc oral argument audio in Planned Parenthood v. Rounds via this link (15 MB mp3 file).

My earlier coverage of this case can be accessed via this link.
Posted at 02:33 PM by Howard Bashman



"Splenda marketing sour, jury told in Equal suit": This article appears today in The Philadelphia Inquirer.
Posted at 11:45 AM by Howard Bashman


"Duke Charges Expected to Be Dropped": The Associated Press provides a report that begins, "State prosecutors will drop all charges against three Duke lacrosse players who were accused of sexual assaulting a stripper at a team party, a person close to the case told The Associated Press on Wednesday."

The News & Observer of Raleigh, North Carolina provides a news update headlined "Decision set today in lacrosse case."

And The Duke Chronicle reports today that "LAX families arrive, dismissals rumored."
Posted at 10:20 AM by Howard Bashman



"Judge permits trial over newspaper deals; MediaNews, Hearst had tried to block antitrust lawsuit": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "Clint Reilly can go to trial in a lawsuit opposing a newspaper chain's acquisitions of the San Jose Mercury News and Contra Costa Times, a federal judge ruled Tuesday, saying readers have the right to challenge media mergers under antitrust laws."

I have posted online at this link yesterday's ruling of the U.S. District Court for the Northern District of California.
Posted at 09:04 AM by Howard Bashman



"Judge allows race as factor in enrollment; Decision is first since Prop. 209 to let school district integrate": Bob Egelko has this article today in The San Francisco Chronicle.

And The Alameda Times-Star reports today that "Berkeley schools win race ruling; Judge rules district's placement policy does not violate Prop. 209."
Posted at 08:55 AM by Howard Bashman



"Most say Gonzales should quit over fired prosecutors; An even larger percentage believe White House aides should testify about the matter under oath, poll finds": This article appears today in The Los Angeles Times, along with an article headlined "House panel subpoenas Justice Department; Gonzales is given until Monday to release new documents related to the firing of eight federal prosecutors." You can access the detailed poll results at this link.

USA Today reports today that "Justice Dept. documents subpoenaed; Gonzales ordered to provide info to House panel."

The Washington Times reports that "House Democrats subpoena Gonzales on firings."

The Milwaukee Journal Sentinel reports that "Senate firings inquiry widens; Panel wants details on Biskupic, state aide's conviction."

And The Hartford Courant reports that "Prosecutor Heads Into D.C. Fray; O'Connor Named Top Gonzales Aide."
Posted at 08:45 AM by Howard Bashman



"Call it the green Supreme Court": Eric J. Sinrod has this essay online today at c|net News.com.
Posted at 08:42 AM by Howard Bashman


"Judicial rifts surface: Two complaints involve one judge. A sexual harassment case is tossed but an ethics complaint against one of the judge's critics - also a judge - remains." The St. Petersburg Times today contains an article that begins, "An uproar has engulfed the state's largest and most important appellate court. Two complaints have been filed with the state Judicial Qualifications Commission, both having to do with the former chief judge of the 1st District Court of Appeal, Charles J. Kahn Jr."
Posted at 08:37 AM by Howard Bashman


"Alum Granted Retrial for Fatal Stabbing": This article appears today in The Harvard Crimson.

And The Boston Globe reports today that "SJC backs retrial in slaying to air self-defense claim; Says jurors lacked evidence in Pring-Wilson conviction."

You can access yesterday's ruling of the Supreme Judicial Court of Massachusetts at this link.
Posted at 08:30 AM by Howard Bashman



"Calling Fred Fielding": Today in The Washington Post, columnist Ruth Marcus has an op-ed that begins, "When Fred Fielding was named White House counsel in January, his selection was viewed as a welcome sign of the new times."
Posted at 08:17 AM by Howard Bashman


"IVF woman loses her last fight over ex-lover's baby": This article appears today in The Times of London.

The Independent (UK) reports today that "Woman loses final round of battle to use frozen embryos."

The Guardian (UK) reports that "Woman loses battle to use frozen embryos created with her ex-fiance; Would-be mother left distraught by judgment; Former partner says he fought for 'basic principle.'"

The Telegraph (UK) reports that "Natallie breaks down as three-court battle ends."

The Sun (UK) contains an article headlined "Natallie Evans: My baby agony."

The Mirror (UK) contains an article headlined "I will never become a mother: Agony of embryo fight Nat."

BBC News reports that "Woman loses final embryo appeal; A woman left infertile after cancer therapy has lost her fight to use embryos fertilised by an ex-partner."

Reuters reports that "Woman loses frozen embryo appeal ruling."

Bloomberg News reports that "U.K. Woman Loses Court Case to Implant Frozen Embryo."

And The Associated Press reports that "Woman Seeking Frozen Embryos Loses Case."

You can access yesterday's ruling of the Grand Chamber of the European Court of Human Rights in Strasbourg at this link. A related press release from that court appears here.
Posted at 08:09 AM by Howard Bashman



"Abortion case heard here could have national fallout": The St. Louis Post-Dispatch today contains an article that begins, "St. Louis' federal courthouse will be the backdrop this morning for yet another abortion fight with national implications, as both sides debate what physicians should be required to tell a woman before terminating her pregnancy. Officially, the case before the full 11-judge 8th U.S. Circuit Court of Appeals deals only with South Dakota. But legal experts in the anti-abortion and abortion-rights camps predict that the decision could reverberate around the country."

And The Associated Press reports that "Court to hear abortion case; South Dakota law under challenge."
Posted at 07:45 AM by Howard Bashman



Tuesday, April 10, 2007

"Poll finds Americans want attorney general to resign; Majority also wants White House aides to testify under oath about the firing of prosecutors, an L.A. Times / Bloomberg Poll finds": The Los Angeles Times provides this news update. You can access the details of the poll at this link. And today's edition of The LATimes reports that "Senators press Gonzales for more documents; They say they think there's more to learn about the firings of eight federal prosecutors last year."

Bloomberg News reports that "Most Want Gonzales Out, Aides to Testify, Poll Shows."

The Hartford Courant provides a news update headlined "O'Connor Joins A Weakened Gonzales."

The Washington Post on Wednesday will contain a front page article headlined "House Panel Issues First Subpoena Over Firings." And in today's newspaper, columnist Richard Cohen has an op-ed entitled "Candor? Call the Special Prosecutor!"

Wednesday's edition of The New York Times will report that "House Subpoenas More U.S. Attorney Files." And today's newspaper reports that "Senators Press for More Files on Removing Prosecutors."

The Wall Street Journal reports today that "Congress Follows Email Trail; White House Faces Queries Over Use Of Private Accounts" (free access).

The Washington Times reports that "Democrats want more Gonzales records."

And The Associated Press reports that "Fight Over Fired Prosecutors Heats Up."
Posted at 11:58 PM by Howard Bashman



"Opening up hidden cases": The St. Petersburg Times today contains an editorial that begins, "Credit should go to Florida Supreme Court Chief Justice R. Fred Lewis for jumping on the issue of hidden cases and secret dockets when it first emerged in the media last year."
Posted at 11:43 PM by Howard Bashman


BREAKING NEWS -- "Duke Lacrosse Case Charges to Be Dropped; Three Players Were Facing Charges of First Degree Kidnapping, First Degree Forcible Sexual Offense": ABC News provides a report that begins, "The office of Attorney General Roy Cooper will announce that he is dismissing all charges against three Duke Lacrosse players, ABC News has learned from sources close to the case. The reasons that will be cited for the dismissal are not yet known."
Posted at 11:29 PM by Howard Bashman


"Roberts, Scalia strike similar chords on court; With a bond over style, substance and showmanship, conservative justices change tone of the bench": Joan Biskupic has this front page article today in USA Today.
Posted at 11:20 PM by Howard Bashman


"Qaeda Ruling Could Spur Leniency": Today in The New York Sun, Joseph Goldstein has an article that begins, "The nine-month prison sentence recently handed down at the Guantanamo Bay detainment camp to an Australian who served Al Qaeda could sway federal judges on the mainland toward leniency in terrorism-related cases, an expert in sentencing says."
Posted at 11:15 PM by Howard Bashman


"Full Federal Appellate Court Will Revisit Abortion Issue in South Dakota": The New York Times on Wednesday will contain an article that begins, "A South Dakota law that would require doctors to tell women seeking abortions that the procedure would 'terminate the life of a whole, separate, unique, living human being' will be revisited today by the 11 judges of the federal appeals court in St. Louis."

And The Washington Times reports today that "Court to rule on law calling fetus a 'human.'"

My most recent earlier coverage appeared at this link.
Posted at 11:12 PM by Howard Bashman



"D.C. Asks Full Court To Study Gun Law; Appeals Panel Had Ruled Against Ban, Angering Officials": The Washington Post contains this article today.
Posted at 11:05 PM by Howard Bashman


"New York's Top Judge Threatens Suit to Get Raises for Bench": This article appears today in The New York Times.

And The Albany Times Union reports today that "Kaye willing to sue for pay; State's top jurist calls Albany politics to blame for wage freeze as latest New York budget leaves out judicial salary bumps."
Posted at 10:58 PM by Howard Bashman



"Bush v. Congress: The Looming Battle Over Executive Privilege." Adam Cohen has this Editorial Observer essay today in The New York Times.
Posted at 10:45 PM by Howard Bashman


"Rival: Splenda Claim Confuses Consumers." The Associated Press provides this report.

And online at law.com, Shannon P. Duffy reports that "Sour Suit Starts in Philadelphia Federal Court Over Splenda's Sweetness."
Posted at 10:20 PM by Howard Bashman



"Ex-official likely to return to state job; Thompson to receive $68,000 in back pay, possibly legal fees": The Milwaukee Journal Sentinel today contains an article that begins, "Former state purchasing supervisor Georgia Thompson - freed from prison last week after being acquitted by a federal appeals court - will likely return to a government job by the end of the month."

And "The BLT: The Blog of Legal Times" provides a post titled "Wisconsin U.S. Attorney Feels Heat."

My earlier coverage appears here and here.
Posted at 09:15 PM by Howard Bashman



Available online from National Public Radio: Today's broadcast of "Morning Edition" contained an audio segment entitled "Padilla Case Trudges Toward Trial."

Today's broadcast of "Day to Day" contained an audio segment entitled "Legal News: Gonzales Subpoena, Padilla Trial" featuring Dahlia Lithwick.

And today's broadcast of "Talk of the Nation" contained an audio segment entitled "Professors Banishes Laptops to Engage Students."

RealPlayer is required to launch these audio segments.
Posted at 09:03 PM by Howard Bashman



"Move to shore up Hamdan appeal": Lyle Denniston has this post today at "SCOTUSblog."
Posted at 08:55 PM by Howard Bashman


Fifth Circuit reverses class certification in Cadillac DeVille side impact air bag replacement case alleging breach of express and implied warranties: You can access today's ruling of the U.S. Court of Appeals for the Fifth Circuit at this link. According to the opinion, reversal of the trial court's order certifying this nationwide class action was necessary because "the district court abused its discretion in determining that the predominance requirement was satisfied."

The air bag replacement was intended to remedy a defect that had caused the factory installed original side impact air bags to deploy in the absence of a collision.
Posted at 08:37 PM by Howard Bashman



"Chief Judge Dennis Jacobs of the United States Court of Appeals for the Second Circuit announced a new procedure, effective immediately, for the filing and posting of the Courtís decisions." The U.S. Court of Appeals for the Second Circuit issued this news release yesterday.

Instead of being posted to that court's web site throughout the day, as in the past, now "all opinions and summary orders for the day will be filed and posted to the Court's Internet site by 10:30 a.m. each morning." This is welcome news.
Posted at 08:20 PM by Howard Bashman



"Judge Rejects Padilla Torture Argument": The Associated Press provides a report that begins, "A federal judge refused to dismiss terrorism charges against a suspected al-Qaida operative over claims he was tortured in U.S. military custody, but the possibility that the allegations could resurface at his upcoming trial was left open."

Reuters reports that "Judge refuses to dismiss Padilla case."

And the "Southern District of Florida Blog" offers a post titled "Judge Cooke denies Jose Padilla's motion to dismiss for outrageous government conduct."

"Discourse.net" has posted yesterday's ruling of the U.S. District Court for the Southern District of Florida at this link.
Posted at 07:40 PM by Howard Bashman



"Judge dismisses lawsuit against dating website; Despite criticism and a now-dismissed lawsuit, Miami-based DontDateHimGirl.com continues to identify men accused of infidelity": This article appears today in The Miami Herald.

And The Associated Press reports that "Judge Tosses Date-Dissing Web Suit."

My earlier coverage of yesterday's ruling appears at this link.
Posted at 07:28 PM by Howard Bashman



Programming note: Work will have me in court this morning. Additional posts will appear here later today.
Posted at 07:30 AM by Howard Bashman


"Court: MySpace Postings Are Free Speech." The Associated Press provides a report that begins, "A judge violated a juvenile's free-speech rights when he placed her on probation for posting an expletive-laden entry on MySpace criticizing a school principal, the Indiana Court of Appeals ruled."

You can access yesterday's ruling of the Indiana Court of Appeals at this link.
Posted at 06:18 AM by Howard Bashman



"Lawsuit tossed against Web site that derided man": The Pittsburgh Post-Gazette today contains an article that begins, "An Allegheny County judge has tossed out a defamation lawsuit against a Florida company whose Web site allowed women to anonymously deride former partners."

My earlier coverage of yesterday's ruling appears at this link.
Posted at 06:15 AM by Howard Bashman



"Soccer player's suit can be tried; Court rules against UNC's Dorrance": The News & Observer of Raleigh, North Carolina contains this article today.

The Greensboro News-Record reports today that 'Sexual harassment lawsuit against UNC back in court."

The Daily Tar Heel reports that "Dorrance lawsuit reopened; Lower court judgment set aside."

And in The New York Sun, Josh Gerstein reports that "Soccer Coach Suffers Setback in Sex Talk Case."

My earlier coverage of yesterday's en banc ruling of the U.S. Court of Appeals for the Fourth Circuit appears at this link.
Posted at 06:12 AM by Howard Bashman



Monday, April 09, 2007

"Videographer, Blogger Freed from Prison": This audio segment (RealPlayer required) appeared on today's broadcast of NPR's "Talk of the Nation."
Posted at 11:00 PM by Howard Bashman


"Six U.S. Attorneys Given 2nd Posting in Washington": The Washington Post on Tuesday will contain an article that begins, "A half-dozen sitting U.S. attorneys also serve as aides to Attorney General Alberto R. Gonzales or are assigned other Washington postings, performing tasks that take them away from regular duties in their districts for months or even years at a time, according to officials and department records."
Posted at 10:54 PM by Howard Bashman


"Federal court: Jury should hear case against UNC soccer coach." The Associated Press provides this report on today's en banc ruling of the U.S. Court of Appeals for the Fourth Circuit. My earlier coverage appears at this link.
Posted at 10:20 PM by Howard Bashman


Available online from law.com: Tony Mauro reports that "Supreme Court Quickens Pace With Big Cases to Come."

In other news, "Attorney Named on 'Don't Date Him' Web Site Fails to Shut Down Online Operations." My coverage from earlier today appears at this link.

An article reports that "N.Y. Chief Justice Says Judiciary Is Prepared to Sue to Obtain Raises; Kaye also outlines steps to put judges' pay back on bargaining table."

And The National Law Journal contains an article headlined "Who'd Want This Job, Anyway? New U.S. Attorneys may be vexed by disarray, short stays."
Posted at 10:14 PM by Howard Bashman



"This appeal presents the difficult issue of whether an admittedly inappropriate environment created by a women's collegiate soccer coach was sufficiently hostile to deprive a player of the benefits of or participation in the team or her education." The U.S. Court of Appeals for the Fourth Circuit today issued its en banc ruling in Jennings v. University of North Carolina. The trial court had granted summary judgment in favor of all defendants on plaintiff's claims under Title IX and the federal civil rights act.

By a vote of 8-2, today's en banc ruling reinstates the plaintiff's Title IX claim and also overturns the grant of summary judgment on the plaintiff's civil rights claim as against two defendants. The quote that appears as the title of this post comes from the concurring opinion of Circuit Judge Roger L. Gregory.

Circuit Judge M. Blane Michael, the author of today's en banc majority opinion, had dissented from the original three-judge panel's ruling, which had affirmed the grant of summary judgment in favor of the defendants on all claims. My coverage of that ruling, issued one year ago Wednesdsay, appears at this link.
Posted at 03:20 PM by Howard Bashman



"State and federal courts have struggled to apply the Crawford concept of testimonial hearsay." And today the Supreme Court of California joins that struggle in a ruling that you can access here.
Posted at 03:08 PM by Howard Bashman


"D.C. Appeals to Keep Gun Ban": The Associated Press provides a report that begins, "District of Columbia officials warned a federal appeals court Monday that its rejection of the city's handgun ban creates a precedent that could severely limit gun control."

Update: "SCOTUSblog" links here to the text of the District of Columbia's petition for rehearing en banc filed today in the U.S. Court of Appeals for the D.C. Circuit.
Posted at 03:02 PM by Howard Bashman



A loss that's difficult to calculate does not equal "no loss," and an exceptionally light criminal sentence does not make the defendant a prevailing party under the Hyde Amendment: Circuit Judge Richard A. Posner issued this federal Sentencing Guidelines ruling today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit.
Posted at 01:30 PM by Howard Bashman


"Clement to Supervise Gonzales Investigation": "The BLT: The Blog of Legal Times" provides a post that begins, "Solicitor General Paul Clement has once again been pulled into the middle of a dust-up between Congress and the Justice Department."
Posted at 01:20 PM by Howard Bashman


"Justice Castille's thin-skinned protest will stir state Supreme Court critics": This editorial appears today in The Allentown Morning Call.

Last Thursday, The Pittsburgh Tribune-Review published an editorial entitled "Castille v. Ledewitz."

And today's installment of my monthly "Upon Further Review" column for The Legal Intelligencer of Philadelphia is headlined "Justice Castille: Don't let 'em see you sweat" (free access).
Posted at 11:33 AM by Howard Bashman



State trial court in Pittsburgh dismisses local attorney's defamation lawsuit against the owner of DontDateHimGirl.com for lack of personal jurisdiction: The Court of Common Pleas of Allegheny County, Pennsylvania has issued this decision in the lawsuit captioned Hollis v. Joseph.

ABCNews.com covered the filing of the lawsuit in a report headlined "Women Rat, Man Sues; DontDateHimGirl.com Is Getting Sued for Defamation." And ABC News mentioned the case more recently in a report headlined "Principal Sues Student for Cyber Defamation; Teen Posted MySpace Profile Stating Man's Affinity for Porn, Booze, Underage Students."

You can access the pleadings in the Hollis v. Joseph case via the trial court's online docket entries at this link. And some of my recent earlier coverage of the case can be accessed here and here.
Posted at 10:54 AM by Howard Bashman



"Critics Question Status of Abramoff Probe": This audio segment (RealPlayer required) featuring Nina Totenberg appeared on today's broadcast of NPR's "Morning Edition."
Posted at 10:11 AM by Howard Bashman


Supreme Court of California to issue decision deciding scope of "testimonial hearsay" under the U.S. Supreme Court's ruling in Crawford v. Washington: California's highest court has announced that it plans to issue a ruling today in a case that presents the following question:
Are all statements made by an ostensible crime victim to a police officer in response to general investigative questioning "testimonial hearsay" within the meaning of Crawford v. Washington (2004) 541 U.S. 36, and inadmissible in the absence of an opportunity to cross-examine the declarant, or does "testimonial hearsay" include only statements made in response to a formal interview at a police station?
The decision is scheduled to be released at 1 p.m. eastern time today and, once available, can be accessed via this link.
Posted at 08:54 AM by Howard Bashman


"May the Best Appellate Lawyer Win, Unless the Facts or Law Dictate Otherwise": This week's installment of my "On Appeal" column for law.com can be accessed here.
Posted at 08:50 AM by Howard Bashman


"Time to act on auto emissions": The Chicago Tribune contains this editorial today.
Posted at 08:47 AM by Howard Bashman


"Guantanamo detainees resume hunger strike; Prisoners protest a move into a harsher facility, according to their lawyers": This article appears today in The Los Angeles Times.

And The New York Times reports today that "Guantanamo Detainees Stage Hunger Strike."
Posted at 08:40 AM by Howard Bashman



The Toronto Globe and Mail is reporting: Today's newspaper contains articles headlined "Two-thirds back electing judges; Twenty-five years later, poll shows strong support for Charter"; "Judges garner greater trust than politicians, survey finds; Use of notwithstanding clause remains divisive issue among respondents"; and "Supreme Court cautious about dictating government spending."
Posted at 08:37 AM by Howard Bashman


"No predictions on Kamehameha decision": The Honolulu Advertiser today contains an article that begins, "The U.S. Supreme Court could issue a decision as early as next Monday that would either leave Kamehameha Schools elated over the end of the legal challenge to its Hawaiians-first admission policy or set the stage for the most significant high-court ruling involving Native Hawaiians in years."
Posted at 08:32 AM by Howard Bashman


"Off-target on child porn: Two recent legal cases illustrate overreach and ineffectiveness by Congress in a worthy fight." This editorial appears today in The Los Angeles Times.
Posted at 08:30 AM by Howard Bashman


"Gingrich joins call for Gonzales to step down; The former speaker is the latest Republican to break ranks with the administration, which still stands behind the attorney general": The Los Angeles Times contains this article today.

The New York Times reports today that "Gingrich Faults Gonzales for Attorneys 'Mess.'"

And The Washington Post contains an editorial entitled "The Iglesias Episode: The firing of the U.S. attorney in New Mexico has not been adequately explained."
Posted at 08:25 AM by Howard Bashman



"Texas men's innocence puts a county on trial; DNA is expected to clear a convicted rapist, as it has 3 of his friends": This article appears today in The Los Angeles Times.
Posted at 08:24 AM by Howard Bashman


Must be the April Fool's issue: The current issue of The Harvard Law Record contains articles headlined "Tired of Fickle Humans, Zeus Appoints Kagan Supreme Justice of the Universe"; "Angry Students Stage Bluebook Burning"; "Law Review Breeding Super-Minority to Take Over as President"; and "Autoadmit Lifts Veil of Anonymity."
Posted at 08:07 AM by Howard Bashman


"Judges Take On Dred Scott Case; Breyer, appeals court judges reconsider most infamous legal decision": This article appears today in The Harvard Crimson.
Posted at 08:02 AM by Howard Bashman


"Carbon Ruling: A Welcome First Step." Christine Todd Whitman has this op-ed today in The Washington Post.
Posted at 07:58 AM by Howard Bashman


"Another Layer of Scandal": The New York Times today contains an editorial that begins, "As Congress investigates the politicization of the United States attorney offices by the Bush administration, it should review the extraordinary events the other day in a federal courtroom in Wisconsin."

My earlier coverage of the Seventh Circuit's order to enter a judgment of acquittal in the case of Georgia Thompson can be accessed here and here.
Posted at 07:50 AM by Howard Bashman



"Getting Beyond Race: Justice O'Connor ponders the twilight of affirmative action." John Fund has this essay online today at OpinionJournal.
Posted at 07:44 AM by Howard Bashman


The New York Sun is reporting: In today's newspaper, Josh Gerstein reports that "Al-Arian Makes New Bid To End Imprisonment."

And Joseph Goldstein has articles headlined "City's Tax War Set To Erupt at High Court; Win Against India May Presage Claims on Other Countries" and "First Amendment Defense Is Pursued in Hezbollah TV Case."
Posted at 06:49 AM by Howard Bashman



Available online at FindLaw: Michael C. Dorf has an essay entitled "The Supreme Court's Global Warming Ruling May Not Slow Global Warming, But it Does Restore Some Common Sense to Standing Doctrine."

And Howard M. Wasserman has an essay entitled "The Supreme Court's Recent Decision in Wallace v. Kato: Complicating the Process for Civil Rights Plaintiffs Challenging Unconstitutional Convictions."
Posted at 06:45 AM by Howard Bashman



Sunday, April 08, 2007

"Genocide Court Ruled for Serbia Without Seeing Full War Archive": This article will appear Monday in The New York Times.
Posted at 11:23 PM by Howard Bashman


"Locking Up the Crucial Evidence and Crippling the Defense": Monday's edition of The New York Times will contain the brand new installment (TimesSelect temporary pass-through link) of Adam Liptak's "Sidebar" column. It begins, "David L. Knellinger will go to trial this month in Virginia because the government says his computer's hard drive contains pornographic pictures of children."

I previously reported on that case in a post that you can access here.
Posted at 11:17 PM by Howard Bashman



"Naked Protest Leads To Full Frontal Fee Fight; Protest Case to Set Guidelines For Fee Recovery in Lawsuits": The April 9, 2007 installment of Tony Mauro's "Court Watch" column from law.com can be accessed here.
Posted at 04:15 PM by Howard Bashman


"A reheated ERA shouldn't be in the Constitution; If supporters want to revive the debate, they shouldn't try to do an end-run around our constitutional traditions": Law Professor Jonathan Turley has this op-ed today in The Los Angeles Times. In addition, the newspaper contains an op-ed by Phyllis Schlafly entitled "'Equal rights' for women: wrong then, wrong now; Just like last time, when Americans see the cynicism of a revived Equal Rights Amendment, they'll reject it."

And today in The Chicago Tribune, columnist Steve Chapman has an op-ed entitled "Is the ERA making a comeback?"
Posted at 04:11 PM by Howard Bashman



"A global bench-warming?" Steven Milloy has this op-ed today in The Washington Times.
Posted at 04:03 PM by Howard Bashman


"Resistance to death penalty growing; Questions about justice, expense undermining political support for capital punishment": The Chicago Tribune contains this article today.
Posted at 03:57 PM by Howard Bashman


"Fight Against Ban Grew Out of Fear, Frustration": This profile of Shelly Parker, one of six D.C. residents who sued under the Second Amendment to invalidate the District of Columbia's gun ban, appears today in The Washington Post.
Posted at 03:30 PM by Howard Bashman


"Scandal puts spotlight on Christian law school; Grads influential in Justice Dept." Charlie Savage has this article today in The Boston Globe.
Posted at 03:20 PM by Howard Bashman


"Hunger Strike Breaks Out at Guantanamo": The New York Times provides a news update that begins, "A new, long-term hunger strike has broken out at the American detention center at Guantanamo Bay, Cuba, with more than a dozen detainees subjecting themselves to daily force-feeding to protest their treatment, military officials and lawyers for the detainees said."
Posted at 03:12 PM by Howard Bashman


"Gonzales Crams for a Senate Grilling": Michael Isikoff will have this Periscope item in the April 16, 2007 issue of Newsweek.

Today's broadcast of NPR's "Weekend Edition Sunday" contained an audio segment entitled "Senate to Seek More Info on Attorney Firings" (RealPlayer required).

The New York Times reports today that "Attorney Inquiry Touches a Pillar of New Mexico."

And in the April 16, 2007 issue of U.S. News & World Report, Harold Evans will have an essay entitled "How Gonzales Failed Us."
Posted at 03:10 PM by Howard Bashman



"Report: Gitmo Prisoner Can't Sell Story." The Associated Press provides this coverage.
Posted at 11:10 AM by Howard Bashman


"Police blotter: No privacy in home PC brought to work; Appeals court rules police don't need a warrant to search personally owned computer a manager brought to work." Declan McCullagh has this article at c|net News.com.

My earlier coverage of the Tenth Circuit's recent ruling can be accessed here.
Posted at 11:00 AM by Howard Bashman



"AFP, Google News settle lawsuit over Google News": Reuters provides this report.

And Financial Times reports that "AFP and Google settle lawsuit."
Posted at 10:54 AM by Howard Bashman



"Justice on the Cheap": The New York Times today contains an editorial that begins, "The pittance that Americans pay their judges has become such a scandal that Chief Justice John Roberts has called it a constitutional crisis."
Posted at 10:40 AM by Howard Bashman


"For the Chief Justice, a Dissent and a Line in the Sand": Linda Greenhouse has this article today in the Week in Review section of The New York Times.

I discussed some of these same themes in the February 20, 2007 installment of my "On Appeal" column for law.com, headlined "The Chief Justice's Quest for Less Fractured Supreme Court Rulings."
Posted at 10:33 AM by Howard Bashman



Saturday, April 07, 2007

"No justice at Guantanamo: Congress should change rules it wrote that deprive detainees of legal rights." This editorial appears today in Newsday.

The St. Petersburg Times today contains an editorial entitled "Gates is right: Shut this prison."

And The Boston Globe contains an editorial entitled "Fundamental rights."
Posted at 11:30 PM by Howard Bashman



"Justices shift with society, but will justice?" Today in The Contra Costa Times, Shahid Buttar has an op-ed that begins, "Among the defining elements of the Supreme Court under the leadership of Chief Justice John Roberts is the willingness of its justices to speak their minds in the court of public opinion."
Posted at 11:27 PM by Howard Bashman


Available at the blog "Eminent Domain": A post titled "Seventh Circuit Judicial Conference" notes that I'll be one of the speakers at next month's program in Milwaukee. In reviewing the list of other speakers, it quickly becomes clear that the program would be quite worth attending even if I wasn't participating.

And a post titled "Greenburg on Bush v Gore and Justice Thomas" provides access to Jan Crawford Greenburg on video via YouTube, from Jan's recent book tour. Need I say more?
Posted at 08:47 PM by Howard Bashman



"En banc review sought on 2d Amendment case": Lyle Denniston has this post at "SCOTUSblog." The post reports that the District of Columbia will file a petition for rehearing en banc on Monday asking the full D.C. Circuit to rehear a divided three-judge panel's recent decision invalidating a D.C. gun control law under the Second Amendment.

My initial coverage of that ruling can be accessed here. More recently, an installment of my "On Appeal" column for law.com was headlined "State of the Second Amendment: Does It Apply in the District of Columbia?"
Posted at 08:32 PM by Howard Bashman



"What the Hecht? Texas Supreme Court justice should recuse himself when a litigant helped pay the jurist's legal bills." This editorial appears today in The Houston Chronicle.
Posted at 08:20 PM by Howard Bashman


"Harvard Re-Examines Dred Scott Decision": The Associated Press provides this report.
Posted at 08:12 PM by Howard Bashman


"Court rules Imperial Valley canal to be lined; The project will decrease seepage of Colorado River water flowing to San Diego County": This article appears today in The Los Angeles Times reporting on a decision that the U.S. Court of Appeals for the Ninth Circuit issued yesterday.

And Reuters reports that "Court backs canal expansion in U.S-Mexico dispute."
Posted at 08:05 PM by Howard Bashman



"Laptops vs. Learning": Law Professor David Cole has this op-ed today in The Washington Post explaining why he has banned laptops from his classroom.
Posted at 05:27 PM by Howard Bashman


"U.S. Citizen Sentenced to Death in Iraq Loses Appeal": The Washington Post today contains an article that begins, "A federal appeals court in Washington ruled yesterday that U.S. courts do not have jurisdiction to intervene in the case of a U.S. citizen who was convicted of kidnapping and sentenced to death in an Iraqi criminal court, deciding that prior case law prevents the judges from hearing a petition challenging his detention."

My earlier coverage of yesterday's D.C. Circuit ruling appears at this link.
Posted at 05:20 PM by Howard Bashman



"Justice Kennedy Casts Deciding Votes": The Associated Press provides this report.
Posted at 05:07 PM by Howard Bashman


"A Chance to Be Heard": The New York Times today contains an editorial that begins, "Jack Cline, an Alabama industrial chemist, was exposed to benzene on the job and developed leukemia. When Mr. Cline tried to sue, he ran into a surreal glitch in Alabama law: any time he filed his lawsuit would have been either too early or too late. Mr. Cline's widow, Martha Jane Cline, is asking the United States Supreme Court to review the case. The court should grant review, and rule that Alabama's laws violate the Constitution."

The U.S. Supreme Court's docket entries in the case can be viewed at this link.

Thursday's issue of The Anniston Star reported that "Palmer asks Supreme Court to hear appeal in toxins case."

The Mobile Press-Register reports today that "Lawyers for Alabama man, who blamed chemical for leukemia that caused his death, take case to U.S. Supreme Court."

In January 2007, The Associated Press reported that "Man dies after long court fight over chemical contamination."

And The Decatur Daily, in January 2007, published an editorial entitled "Ill chemist died without having his day in court."

Finally, the "Jere Beasley Report" provides a post titled "A Terrible Opinion from the Alabama Supreme Court."
Posted at 05:04 PM by Howard Bashman



"Counselor To Gonzales Announces Resignation; Goodling Had Refused to Testify on Prosecutor Firings": This front page article appears today in The Washington Post.

The New York Times reports today that "A Top Aide to Gonzales Resigns, Becoming Latest Fallout Casualty."

And The Los Angeles Times reports that "Another key Gonzales advisor resigns; Monica Goodling, senior counsel to the attorney general, had declined to testify about the firings of 8 federal prosecutors."
Posted at 12:30 PM by Howard Bashman



"Roberts and U.K. judge will visit; The U.S. chief justice and his British counterpart plan to stop by Jamestown for a ceremony next week": The Daily Press of Hampton Roads, Virginia contains this article today.
Posted at 10:54 AM by Howard Bashman


"Alito visits Duquesne": This article appeared Wednesday in The Beaver County (Pa.) Times.
Posted at 10:52 AM by Howard Bashman


"Built to Last: A new book on the Supreme Court underscores the lasting importance of the Roberts and Alito appointments in shifting the Court rightward." Online at The American Prospect, Scott Lemieux has this review of Jan Crawford Greenburg's book, "Supreme Conflict: The Inside Story of the Struggle for Control of the United States Supreme Court."
Posted at 10:45 AM by Howard Bashman


"Color-blind at Beverly Hills High: What Beverly Hills High School's program can teach the justices of the U.S. Supreme Court." This editorial appears today in The Los Angeles Times.
Posted at 10:33 AM by Howard Bashman


"Castille releases letter assailing critic of Pa. court": The Philadelphia Inquirer on Thursday published an article that begins, "State Supreme Court Justice Ronald D. Castille has released a letter he wrote last month lambasting a vocal critic of his court, and says he may yet pursue disciplinary action against that critic." And a related editorial also published that day was headlined "Mr. Justice: Remember free speech."

You can view the letter at this link.
Posted at 10:12 AM by Howard Bashman



"Justice Thomas low-profile in visit; Member of U.S. Supreme Court chats with U. students, faculty": This article appeared Thursday in The Salt Lake Tribune.

Thursday's edition of The Deseret Morning News reported that "Thomas speaks of his 'overcoming.'"

And Thursday's issue of The Daily Utah Chronicle reported that "Justice Thomas visits campus; Law school keeps events low-profile, bars public."
Posted at 10:08 AM by Howard Bashman



"Fast track to making mistakes": Columnist Ellen Goodman had this op-ed yesterday in The Boston Globe. Therein, Goodman writes, "A few weeks ago, a Supreme Court reporter noticed that Justice Ruth Bader Ginsburg took an unusually long time getting on her feet after a hearing."
Posted at 10:03 AM by Howard Bashman


"Political elite turn out for dedication; Dick Thornburgh, his room draw senator, justice to Pitt": This article appeared yesterday in The Pittsburgh Post-Gazette.

And yesterday's issue of The Pittsburgh Tribune-Review reported that "Ex-governor presides over Pitt library dedication."
Posted at 10:00 AM by Howard Bashman



"The Drifters: U.S. Supreme Court Justices may come to the bench with an ideological point of view, but it changes." Reynolds Holding has this essay in the April 16, 2007 issue of Time magazine.
Posted at 09:52 AM by Howard Bashman


"Who's the Boss?: How Pat Robertson's law school is changing America." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 09:48 AM by Howard Bashman


Friday, April 06, 2007

Available online from law.com: An article reports that "Fees Still Possible in Absence of Retainer Letter, N.Y. Appellate Panel Says."

And the brand new installment of my "On Appeal" column is headlined "May the Best Appellate Lawyer Win, Unless the Facts or Law Dictate Otherwise." Therein, I discuss an article that is the subject of a "SCOTUSblog" post titled "The Influence of Oral Arguments."
Posted at 11:45 PM by Howard Bashman



"Ex-state official freed; Judge calls evidence she steered travel contract 'beyond thin'": The Milwaukee Journal Sentinel today contains an article that begins, "Federal judges Thursday ruled that former state purchasing supervisor Georgia L. Thompson was wrongly convicted of making sure a state travel contract went to a firm linked to Gov. Jim Doyle's re-election campaign and freed her from an Illinois prison. The three-judge panel in Chicago acted with unusual speed, ruling after oral arguments by Thompson's attorney and the U.S. attorney's office."

The Capital Times of Madison, Wisconsin today contains an article headlined "Thompson freed; judge chides prosecutors; Doyle taint lifted?"

And The Wisconsin State Journal reports that "Georgia Thompson acquitted, set free."

My earlier coverage appears at this link.
Posted at 11:40 PM by Howard Bashman



"High Court, U.N. Weigh In on Climate Change": This audio segment (RealPlayer required) appeared on today's broadcast of NPR's "Talk of the Nation."
Posted at 08:30 PM by Howard Bashman


"Top Gonzales Aide Monica Goodling Resigns": The Washington Post provides this news update.

And McClatchy Newspapers report that "Top Gonzales aide resigns after refusing to testify."
Posted at 08:25 PM by Howard Bashman



The U.S. Court of Appeals for the Second Circuit announces its new Clerk of Court: You can view the press release by clicking here.
Posted at 07:58 PM by Howard Bashman


"Gonzales aide Goodling to resign; Had said she would invoke 5th Amendment if called before Congress": Pete Williams of NBC News provides this written report.

And The Associated Press reports that "Gonzales Aide Goodling Resigns."
Posted at 05:03 PM by Howard Bashman



"Sandra Day O'Connor Says Affirmative Action Faces Uncertain Future": The "Daily News Blog" of the Chronicle of Higher Education today provides a post that begins, "Sandra Day OíConnor, the retired associate justice of the U.S. Supreme Court and author of the majority opinion in a landmark 2003 decision upholding the legality of race-conscious college admissions, acknowledged in a speech today that she is not confident the court had preserved affirmative action in higher education for much longer."

Yesterday, The SMU Daily Campus contained an article headlined "Former justice visits law school; O'Connor describes proposed Web site." In other coverage, The Associated Press reported that "O'Connor says she's concerned about attacks on judges."

And Washington City Paper provides this write-up of an exhibition at the Smithsonian's National Portrait Gallery titled "Portraits of Sandra Day O'Connor." You can view a slideshow featuring some of the portraits by clicking here.
Posted at 05:00 PM by Howard Bashman



"Monica Goodling and the Gonzales Debate": This audio segment (RealPlayer required) featuring Dahlia Lithwick appeared on today's broadcast of NPR's "Day to Day."
Posted at 03:45 PM by Howard Bashman


"Technicality leads Eleventh Circuit to require 5-year mandatory for veteran": The "Sentencing Law and Policy" blog provides this post about a decision that the U.S. Court of Appeals for the Eleventh Circuit issued today. The opinion even mentions that blog's author. For what it's worth, I think that the Eleventh Circuit's decision reaches the legally correct, albeit an undeniably harsh, result.
Posted at 03:28 PM by Howard Bashman


First Circuit reinstates RLUIPA claim of Rhode Island inmate prohibited from preaching to his fellow inmates: You can access today's ruling of the U.S. Court of Appeals for the First Circuit at this link.
Posted at 03:18 PM by Howard Bashman


"Castille v. Ledewitz: The Full Text of the Letter." Hank Grezlak has this post at "The Legal Intelligencer Blog." My earlier coverage appears here and here.
Posted at 03:10 PM by Howard Bashman


"U.S. citizens held abroad and the Hirota ruling": Lyle Denniston has this post today at "SCOTUSblog."

And The AP reports that "Court Avoids Iraq Kidnapping Case."

My earlier coverage of today's D.C. Circuit ruling can be accessed here.
Posted at 03:04 PM by Howard Bashman



"City Asks Court to Quit Abu-Jamal Case": The Associated Press provides a report that begins, "Prosecutors want the entire 3rd U.S. Circuit Court of Appeals to recuse itself from the latest appeal for death-row inmate Mumia Abu-Jamal because Gov. Ed Rendell - whose wife serves on the court - was district attorney during his trial."

And yesterday in The Philadelphia Daily News, columnist Michael Smerconish had an op-ed entitled "Clearing the court for Mumia's last stand."
Posted at 02:45 PM by Howard Bashman



En banc Ninth Circuit votes to get in on the monkey business: Back on November 22, 2006, I had a post titled "Divided three-judge Ninth Circuit panel reinstates challenge to the USDA's decision not to adopt a Draft Policy providing guidance to zoos and research facilities on how to ensure the psychological well-being of nonhuman primates in order to comply with the federal Animal Welfare Act."

My post reported on a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit had issued that day.

I concluded that post by writing, "At first glance, this case appears to be a strong candidate for rehearing en banc." The full Ninth Circuit appears to have agreed, as today that court issued an order granting rehearing en banc in the case.
Posted at 01:42 PM by Howard Bashman



"High court's action sought; Plaintiffs ask justices to reverse appeals ruling in Enron lawsuit": Today's issue of The Houston Chronicle contains an article that begins, "Plaintiffs in a $40 billion Enron shareholder lawsuit on Thursday asked the Supreme Court to reverse an appeals ruling that sapped the litigation's strength. In a court filing, lawyers for the lead plaintiff in the litigation, the Regents of the University of California, called the appeals March appeals ruling 'an injustice to the victims of the Enron fraud.'"

WSJ.com's "Law Blog" yesterday posted the cert. petition at this link.
Posted at 12:33 PM by Howard Bashman



"Reinventing Appellate Jurisdiction": Law Professor Adam N. Steinman has posted this article (abstract with link for download) online at SSRN. The article's abstract begins, "Appellate jurisdiction in the federal system is a mess. The current regime has been properly criticized for both its doctrinal incoherence and its procedural complexity, and the Supreme Court has failed to address these problems despite a consistent diet of cases raising issues of appellate jurisdiction."
Posted at 11:08 AM by Howard Bashman


"Hardiman newest judge on federal appeals court": This article appears today in The Pittsburgh Post-Gazette.
Posted at 11:00 AM by Howard Bashman


"In a show-up during a Terry stop, the Fourth Amendment permits police officers to reasonably maneuver a suspect's outer clothing -- such as unzipping an outer jacket so a witness can see the suspect's clothing -- when taking that step could assist a witnessís identification." So holds the majority on a divided three-judge D.C. Circuit panel in an interesting Fourth Amendment ruling issued today.

The facts of the case are as follows. In the aftermath of a bank robbery, the police stopped a man on the street who resembled the description of the perpetrator. The police then brought a witness to the scene. At that point, according to the majority opinion, "The officers unzipped Askew's outer jacket during the show-up so that the victim could see Askew's clothing -- that step, the police believed, could assist the witness's identification. Unzipping the outer jacket ultimately led the officers to discover that Askew was illegally carrying a gun."

The majority, in an opinion by Circuit Judge Brett M. Kavanaugh in which Circuit Judge David B. Sentelle joined, holds that "the police during a Terry show-up may reasonably maneuver a suspect's outer clothing (such as unzipping an outer jacket so a witness can see the suspect's clothing) when taking that step could assist a witness's identification."

Senior Circuit Judge Harry T. Edwards dissents from the ruling. His lengthy dissenting opinion begins: "This appeal is about a citizen's right to enforce Fourth Amendment protections against unlawful searches of his person. The case is important, because, as is clear from the argument presented to this court, the Government seeks to wreak havoc with the law under the Fourth Amendment. The majority holds that, following a Terry stop and a protective pat down that produces nothing, police officers may -- without probable cause or a warrant -- search a suspect, not for self-protection, but solely to facilitate an 'investigation.' Because this holding reflects an extraordinary departure from well-established Supreme Court precedent, I respectfully dissent."
Posted at 10:54 AM by Howard Bashman



Partially divided three-judge D.C. Circuit panel holds that federal district court lacks jurisdiction to entertain habeas petition filed by U.S. citizen sentenced to death in Iraqi court who is being held in Iraq by United States military personnel serving as part of the Multi-National Force-Iraq: You can access today's ruling of the U.S. Court of Appeals for the D.C. Circuit at this link. The ruling comes in the case of Mohammad Munaf.

Circuit Judge David B. Sentelle issued today's majority opinion, in which Circuit Judge Brett M. Kavanaugh joined. Circuit Judge A. Raymond Randolph issued an opinion concurring in the judgment. In Judge Randoph's view, federal courts possess habeas jurisdiction but Munaf should lose his challenge on the merits. His opinion concurring in the judgment begins, "I believe the district court had jurisdiction over Munaf's habeas corpus petition. The critical considerations are that Munaf is an American citizen and that he is held by American forces overseas."

At "SCOTUSblog," Lyle Denniston has previously provided coverage of this case in posts titled "Chief weighs fate of citizen in Iraq"; "Analysis: Can U.S. courts reach overseas?"; and "Citizen plea denied by Court."
Posted at 10:33 AM by Howard Bashman



"Girls Gone Wild" versus federal district judge gone wild? The Associated Press provides a report headlined "Video Defendant: Judge Has Gone Wild."
Posted at 10:00 AM by Howard Bashman


"Tobacco firms fail to block B.C. suit": The Toronto Globe and Mail today contains an article that begins, "The Supreme Court of Canada has refused to hear an appeal from a group of foreign tobacco companies attempting to block a billion-dollar lawsuit launched by the British Columbia government to recover health-care costs."

And The Associated Press reports that "Canadian Court Rejects Tobacco Appeal."
Posted at 08:34 AM by Howard Bashman



"Judiciary Panel Quizzes Judge; Chief Justice Nominee's Performance Draws Praise": Lynne Tuohy has this article today in The Hartford Courant.
Posted at 08:32 AM by Howard Bashman


"Judge can seal names of jurors, SJC rules": The Boston Globe today contains an article that begins, "The Supreme Judicial Court ruled yesterday that a judge had the right to keep secret the names of jurors in a gang-related murder trial because of fear of reprisals from gang members."

And The Standard-Times of New Bedford, Massachusetts reports that "SJC denies Standard-Times' motion in jury case."

You can access yesterday's ruling of the Supreme Judicial Court of Massachusetts at this link.
Posted at 08:30 AM by Howard Bashman



"Still no ruling on use of new drunken-driving test; State and defense attorneys at odds over need to review Alcotest software": The Newark (N.J.) Star-Ledger today contains an article that begins, "The state yesterday urged the Supreme Court to authorize the use of a new computerized device in drunken-driving cases despite calls for further testing."

And The Associated Press reports that "N.J. Court Examines Breath Test Machines."
Posted at 08:17 AM by Howard Bashman



"Panel Seeks Written Account From Gonzales": This article appears today in The New York Times.

The Washington Post reports today that "Justice Department In New Fight Over Papers on Firings."

And The Associated Press reports that "Democrats Delay Gonzales Testimony."
Posted at 08:15 AM by Howard Bashman



"Giuliani Reaffirms That He Would Not Seek Abortion Changes": Today's edition of The New York Times contains an article that begins, "Rudolph W. Giuliani, campaigning in South Carolina, firmly stated that as president he would not seek to make abortion illegal. Aware of the damage his position might do to him among some conservative voters, Mr. Giuliani said that if someone was inclined to vote against him solely because of his stance on abortion, then so be it."
Posted at 08:07 AM by Howard Bashman


"Guantanamo Follies": The New York Times today contains an editorial that begins, "There has been much speculation about the Supreme Court's decision not to hear an appeal from a group of Guantanamo Bay inmates until they have exhausted their legal options."
Posted at 08:04 AM by Howard Bashman


"How Sweet It Isn't: Maker of Equal Says Ads For J&J's Splenda Misled; Chemistry Lesson for Jurors." This article (free access) appears today in The Wall Street Journal.

And The New York Times reports today that "Makers of Artificial Sweeteners Go to Court."

My earlier mentions of this lawsuit appeared here and here.
Posted at 08:00 AM by Howard Bashman



"Judging the Bush Legacy: Past court battles, and what's to come." Columnist Kimberley A. Strassel has this op-ed (free access) today in The Wall Street Journal.
Posted at 07:55 AM by Howard Bashman


"Discrimination lawsuit is revived against Dillard's; Appeals court reverses ruling in case alleging store clerk uttered racial slur to shoppers": The Kansas City Star contains this article today.

And The Associated Press provides a report headlined "Court: Pair May Take Dillard's to Court."

My earlier coverage of yesterday's Eighth Circuit ruling appears at this link.
Posted at 07:50 AM by Howard Bashman



Thursday, April 05, 2007

"Scalia at Stetson praises original intent view of Constitution": This article appears today in The St. Petersburg Times.
Posted at 11:55 PM by Howard Bashman


"Born To The Bench; Chief Justice Nominee Called A Natural To Take Charge Of Judicial Branch": Lynne Tuohy has this article today in The Hartford Courant.

And this evening, Tuohy had a news update headlined "Chief Justice Nominee's Hearing Begins."
Posted at 11:45 PM by Howard Bashman



"A Tale of Two Guantanamo Sentences": This audio segment (RealPlayer required) appeared on today's broadcast of NPR's "Day to Day."

And The Los Angeles Times today contains an article headlined "Release of 'American Taliban' is urged; John Walker Lindh's parents contrast his five years in prison with the 9-month sentence recently given a Guantanamo detainee."
Posted at 10:50 PM by Howard Bashman



"Supreme Court: More Scrutiny Required in Whistleblower Claims; Recent ruling could lead to fewer recoveries for whistleblowers." Marcia Coyle has this article online at law.com.
Posted at 10:45 PM by Howard Bashman


"Georgia Thompson's conviction reversed": The Milwaukee Journal Sentinel provides a news update that begins, "The U.S. Court of Appeals for the 7th Circuit has reversed the convictions of Georgia Thompson and ordered her released from prison, according to the U.S. Attorney's office in Milwaukee. Thompson, a former state purchasing employee, was convicted of steering a travel contract to a company whose executives had given the campaign of Gov. Jim Doyle large contributions."

And The Wisconsin State Journal provides a news update that begins, "Appeals court tosses out 'Travelgate' conviction linked to Doyle -- evidence called 'thin,' charges unfounded."

The Seventh Circuit's reversal with instructions to enter a judgment of acquittal came today just hours after this morning's oral argument. You can access the Seventh Circuit's order both here and here. You can download today's oral argument audio via this link (mp3 file). The trial court's order releasing the defendant from prison can be accessed here.

Also available online are press releases from the U.S. Attorney's Office, the defendant's attorney, and the Governor of Wisconsin.
Posted at 10:40 PM by Howard Bashman



"Is Crawford, the Indiana Voter Identification Case, Likely to Be Heard by the Supreme Court?" Law Professor Rick Hasen has this interesting post at his "Election Law" blog.
Posted at 08:54 PM by Howard Bashman


"Senior justice has a leading role at pivotal juncture; Stevens leads liberal bloc that faces re-energized conservatives; He has prevailed in recent rulings, working closely with swing vote Kennedy": Joan Biskupic has this article today in USA Today.
Posted at 08:37 PM by Howard Bashman


Atlanta Braves 8, Philadelphia Phillies 4: After losing the first two games of the new season to the Braves in extra innings, the Phillies managed to lose more efficiently today, without any need for extra frames. The weather was bitterly cold and windy, and snow flurries were falling throughout much of the game. The Phillies had twelve hits -- three more than the Braves -- but those hits only managed to produce a total of two runs. The other two runs that the Phillies scored came in the ninth inning, without any hits from the Phillies, when the bullpen for the Braves allowed five walks.

The Phillies are now heading to south Florida, where they will have a three-game weekend series against the Marlins. Perhaps the warmer weather there will awaken the Phillies bats. Or perhaps another forgettable April will once again create a substantial obstacle to making the playoffs come October.

Today's box score can be accessed at this link, while wraps are available here and here.
Posted at 08:30 PM by Howard Bashman



Programming note: Despite the cold weather, my son and I will be attending this afternoon's baseball game between the Philadelphia Phillies and the Atlanta Braves at Citizens Bank Park. Today, our seats are located in this section. You can view previews of the game here and here.
Posted at 12:35 PM by Howard Bashman


Over the dissent of four judges, the U.S. Court of Appeals for the Seventh Circuit denies rehearing en banc of divided three-judge panel ruling that rejected challenge to Indiana's voter ID law: You can access today's order denying rehearing en banc, and the accompanying dissent of Circuit Judge Diane P. Wood, at this link.

The original three-judge panel's ruling can be accessed here, while my coverage of that earlier decision appears here and here.
Posted at 12:30 PM by Howard Bashman



Eighth Circuit reinstates African-American couple's federal civil rights lawsuit against retailer Dillard's based on allegation that that they were prevented from closing a purchase by the discriminatory conduct of a Dillard's employee who refused to wait on them and called them a racist epithet: Today's ruling reverses the grant of summary judgment in favor of Dillard's on the couple's claim arising under 42 U.S.C. sec. 1981.
Posted at 11:30 AM by Howard Bashman


"Allow assisted suicide: California's lawmakers should pass a bill to give the terminally ill control over their lives." This editorial appears today in The Los Angeles Times.
Posted at 11:23 AM by Howard Bashman


Details on how to attend this year's Eleventh Circuit Judicial Conference: Looks kinda secretive, as details on the program, occurring next month in Atlanta, are only being provided via return mail. By contrast, the Seventh Circuit's Judicial Conference, occuring next month in Milwaukee, puts its detailed program out there for all to see.
Posted at 11:18 AM by Howard Bashman


"The real crime in the David Hicks case: Any legal system in which a supposed deadly terrorist goes free by admitting his crime is a disgrace." Ben Wizner has this op-ed today in The Los Angeles Times.
Posted at 09:15 AM by Howard Bashman


"Gonzales Prepares to Fight for His Job in Testimony": This front page article appears today in The Washington Post.

And The Los Angeles Times today contains an editorial entitled "Compromise on White House testimony: The administration should listen to the Democrats' proposed rules on White House officials speaking before Congress on the U.S. attorney firings."
Posted at 09:05 AM by Howard Bashman



"A journalist in his own mind": Today in The San Francisco Chronicle, columnist Debra J. Saunders has an op-ed that begins, "There is an old journalist's saw that says you shouldn't let the facts get in the way of a good story. No wonder newspapers, including The Chronicle, have referred to blogger Josh Wolf, 24, as 'the longest imprisoned journalist' in America. There is, after all, nothing more seductive to those in this profession than a story about a plucky journalist who stands up to authoritarian power and goes to jail to preserve his right to protect his sources. So who cares if Wolf is not a journalist?"

And online at the First Amendment Center, Gene Policinski has an essay entitled "Now-freed Josh Wolf went to jail ... why?"
Posted at 09:00 AM by Howard Bashman



"Unusual Allies in a Legal Battle Over Texas Drivers' Gun Rights": This article appears today in The New York Times.
Posted at 08:55 AM by Howard Bashman


"Justices ponder city's pit bull law; Case arises from Toledo, state limits on owning vicious dogs": The Toledo Blade contains this article today.

And The Columbus (Ohio) Dispatch reports today that "State justices consider limits on pit bulls."

You can view online yesterday's oral argument before the Supreme Court of Ohio by clicking here (RealPlayer required).
Posted at 07:58 AM by Howard Bashman



"Koh considered likely candidate for Court": This article, part two of a two-part profile, appears today in The Yale Daily News. The article begins, "The first-ever Asian-American Supreme Court justice -- still several years away from his nomination -- may be sitting today in the dean's office of Yale Law School. At Washington, D.C., cocktail hours, on the pages of the New York Times, in the minds of his students and colleagues, Law School Dean Harold Hongju Koh is perhaps more well-positioned than most other legal-minded liberals to one day sit on the highest court in the land."
Posted at 07:54 AM by Howard Bashman


"Court: Scout Jamboree May Receive Federal Help." Josh Gerstein has this article today in The New York Sun.

The Richmond Times-Dispatch reports today that "Ruling lets jamboree stay at A.P. Hill; ACLU ponders next move; plaintiffs argued event was equal to endorsing a religion."

And The Free Lance-Star of Fredericksburg, Virginia reports that "Jamboree suit fails on appeal; Federal Appeals Court reverses ban on government funding for the National Scout Jamboree."

My earlier coverage of yesterday's Seventh Circuit ruling can be accessed here.
Posted at 07:48 AM by Howard Bashman



"Justice Alito honored at Duquesne U.; Worked with the late Judge Mansmann": This article appears today in The Pittsburgh Post-Gazette.

And The Pittsburgh Tribune-Review reports today that "Alito gets award in Pittsburgh named for friend."
Posted at 07:40 AM by Howard Bashman



Wednesday, April 04, 2007

"Court: Pentagon Can Fund Scout Jamboree." The Associated Press provides this report. My earlier coverage appears at this link.
Posted at 11:05 PM by Howard Bashman


"Supreme court justice Alito honored for public service": The Associated Press provides this report from Pittsburgh.
Posted at 09:22 PM by Howard Bashman


In Thursday's edition of The Christian Science Monitor: Tomorrow's newspaper will contain articles headlined "White House expected to feel the heat from Supreme Court's ruling on global warming; The high court rules that the EPA does has the authority to regulate carbon dioxide emissions" and "Firing of US attorneys puts new focus on voter fraud; From 2002 to 2006, the Justice Department has prosecuted some 120 cases and won at least 86 convictions for vote-buying and other election-related crimes."
Posted at 09:10 PM by Howard Bashman


Second Circuit rejects contention that the federal Justice For All Act of 2004, requiring DNA collection from federal offenders convicted of any felony, violates the Fourth Amendment when applied to individuals convicted of nonviolent crimes who were sentenced only to probation: Circuit Judge Guido Calabresi issued this decision today on behalf of a unanimous three-judge panel.
Posted at 02:50 PM by Howard Bashman


"Court: 2010 Jamboree can go forward." The blawg of the Boy Scouts of America provides this post about today's Seventh Circuit ruling, which I earlier noted here.
Posted at 02:44 PM by Howard Bashman


Available online at Reason: Jacob Sullum has an essay entitled "Lollipop Lickers: The fight against marijuana-flavored candy is a fight against pro-drug speech."

And Jonathan Rauch has an essay entitled "Pardon Libby? Maybe, but Not Alone; Why David Henson McNab deserves clemency."
Posted at 02:37 PM by Howard Bashman



"Hot Times in the High Court: Ruling could drive climate-change policy for years to come." Jonathan H. Adler has this essay at National Review Online.
Posted at 02:30 PM by Howard Bashman


"Attorneygate in Guam": Ari Berman will have this essay in the April 16, 2007 issue of The Nation.
Posted at 02:28 PM by Howard Bashman


Unanimous three-judge Seventh Circuit panel holds that plaintiff taxpayers lack standing to challenge the Boy Scout Jamboree statute, 10 U.S.C. sec. 2554: As the majority opinion explains, the statute at issue "requires the United States military to assist the Boy Scouts of America organization with its Jamboree, a national event held every four years." The majority opinion further explains that the plaintiffs "sued the Secretary of Defense claiming that the Jamboree statute violates the Establishment Clause because it requires the government to support an organization--BSA--that conditions membership upon a belief in God and thus that excludes believers in religions that are not based on one or more Deities, agnostics, and atheists."

Today's ruling reverses, for lack of plaintiffs' standing to sue, a federal district court decision holding that the Boy Scouts of America is a religious organization and that the direct public subsidy of the Jamborees violated the Establishment Clause. Circuit Judge Diane P. Wood wrote the majority opinion, in which Senior Circuit Judge William J. Bauer joined. Circuit Judge Diane S. Sykes issued a separate concurring opinion.
Posted at 12:18 PM by Howard Bashman



"Builder's PAC aided judge; Justice says help needed for his legal bills even as firm's appeal neared": The Dallas Morning News today contains an article that begins, "A political committee funded by homebuilder Bob Perry contributed $16,000 to help Supreme Court Justice Nathan Hecht pay his legal bills as the court was preparing to hear arguments in a case against the company."
Posted at 12:00 PM by Howard Bashman


U.S. Court of Appeals for the Sixth Circuit heard oral argument in a death penalty appeal yesterday at the Moritz College of Law of The Ohio State University: A press release that the law school issued, linking to online copies of the appellate briefs, can be accessed here.

You can view an archived webcast of the oral argument by clicking here (RealPlayer required). The three-judge Sixth Circuit panel consisted of Circuit Judges Boyce F. Martin, Jr., R. Guy Cole, and Jeffrey S. Sutton.
Posted at 11:50 AM by Howard Bashman



"Wooing Kennedy on Warming": Tony Mauro has this post today at "The BLT: The Blog of Legal Times."
Posted at 11:44 AM by Howard Bashman


"Women and the Law: Supreme Court Justice Ruth Bader Ginsburg speaks about women and the law at the Bar Association of New York City, New York; Following her comments, she introduces a panel of women who are chief justices on state Supreme Courts; Panelists include Chief Justices from Wisconsin, Utah, New York State, and Massachusetts." You can access this past Saturday's broadcast of C-SPAN's "America & the Courts" program by clicking here (RealPlayer required).
Posted at 11:35 AM by Howard Bashman


"Standoff over Video Ends with Blogger's Release": This audio segment (RealPlayer required) appeared on today's broadcast of NPR's "Morning Edition."
Posted at 11:30 AM by Howard Bashman


"Ziegler wins court seat; Expensive race ends with decisive victory": The Milwaukee Journal Sentinel today contains an article that begins, "Washington County Circuit Judge Annette Ziegler won a seat Tuesday on the state Supreme Court by a wide margin, besting Madison attorney Linda Clifford in the most expensive high-court race in state history."

The Wisconsin State Journal reports today that "Ziegler wins bitter race; Clifford dominates Dane County."

And The Capital Times of Madison contains an article headlined "Ziegler: 'Voters made clear that they reject negative campaigns.'"
Posted at 08:27 AM by Howard Bashman



Correction -- "Vicious dog" case being argued today in the Supreme Court of Ohio: My earlier post erroneously stated that the oral argument would occur on Monday of this week. In fact, it occurs today and is scheduled to get underway around 10 a.m. eastern time. That earlier post provides a link to a live video feed of the oral argument and also to the court's online archive of oral argument videos.

Yesterday, The Toledo Blade previewed the oral argument in an article headlined "Pit bull owner takes fight over city dog law to court; Ohio justices to hear challenge of Toledo rule."
Posted at 08:12 AM by Howard Bashman



"Bush agrees with greenhouse gas ruling, sort of; New limits should not slow U.S. economic growth, he says; Boxer responds: 'The president still doesn't get it.'" This article appears today in The Los Angeles Times.

And today in The San Francisco Chronicle, Bob Egelko reports that "Automakers call U.S. court ruling a boost; Group facing suit over global warming want case dismissed."
Posted at 08:07 AM by Howard Bashman



"Supreme Court: prisons liable for lewd inmates; The high court let stand Monday a ruling that California officials didn't address sexual harassment." Warren Richey has this article today in The Christian Science Monitor.
Posted at 08:05 AM by Howard Bashman


"State's top court to hear Raiders suit against NFL; Team says league sabotaged bid to build L.A. stadium": Bob Egelko has this article today in The San Francisco Chronicle.
Posted at 08:04 AM by Howard Bashman


"Blogger freed after 226 days in prison; Josh Wolf served 226 days for refusing to give authorities footage of a San Francisco protest": The Los Angeles Times contains this article today.

Today in The Washington Post, Howard Kurtz reports that "Blogger Makes Deal, Is Released From Jail."

And in The San Francisco Chronicle, Bob Egelko and Jim Herron Zamora report that "Blogger freed after giving video to feds."
Posted at 08:00 AM by Howard Bashman



"Taint of terrorism shakes N.C. university; Guantanamo hearing and 9/11 confession again spotlight A&T's most infamous alum": This article appears today in The Chicago Tribune. And for those wondering who happens to be the most infamous alumnus of North Carolina Agricultural and Technical State University, the article answers Khalid Shaikh Mohammed.
Posted at 07:55 AM by Howard Bashman


"Justice Dept. official says she won't answer questions; Monica M. Goodling, who played a role in the U.S. attorney firings, refuses to talk to congressional panels": The Los Angeles Times contains this article today.

The Washington Post reports today that "House Democrats Seek to Question Gonzales Aide About Fired Prosecutors."

And The Washington Times reports that "House GOP skeptical of Gonzales."
Posted at 07:45 AM by Howard Bashman



"Parents sue to get student reinstated; The senior was suspended for six days and transferred after he mooned a teacher": This article appears today in The St. Petersburg Times.
Posted at 07:40 AM by Howard Bashman


"Union dues and free speech": Timothy Sandefur has this op-ed today in The Washington Times.
Posted at 07:38 AM by Howard Bashman


"At Law School, Koh is liberal lion": This article, part one of a two-part profile, appears today in The Yale Daily News.
Posted at 07:35 AM by Howard Bashman


"One of the greatest rulings on earth": Columnist Derrick Z. Jackson has this op-ed today in The Boston Globe.
Posted at 07:30 AM by Howard Bashman


Editorials contained in today's edition of The Washington Post: The newspaper contains editorials entitled "Spectacle at Guantanamo: The new legal system for holding and trying detainees produces a predictable mess" and "Death Penalty Showdown: Gov. Kaine, not the Virginia legislature, has chosen the right direction."
Posted at 07:25 AM by Howard Bashman


"Fitzgerald's Cover-Up: It's time to hold the special prosecutor accountable." The Wall Street Journal today contains an editorial (free access) that begins, "For a prosecutor who claims to be a truth-seeker, Patrick Fitzgerald sure can be secretive. Even now that the Scooter Libby trial is over and his 'leak' investigation is all but closed, the unaccountable special counsel wants to keep his arguments for creating a Constitutional showdown over reporters and their sources under lock and key. Mr. Fitzgerald is fighting release of the affidavits he filed with the D.C. Circuit Court of Appeals to justify compelling two reporters to testify about their conversations with Mr. Libby, and to throw one of them in jail for 85 days until she did so. Also under court seal are eight pages of a redacted 2005 D.C. Circuit opinion by Judge David Tatel that explained the court's decision to support Mr. Fitzgerald's pursuit of the reporters."
Posted at 07:10 AM by Howard Bashman


The New York Sun is reporting: In today's newspaper, Joseph Goldstein reports that "Effort Is Afoot To Resume N.Y. Death Penalty."

And Josh Gerstein reports that "Judge Urges Hatfill To Compel Outing of Sources."
Posted at 07:00 AM by Howard Bashman



Local government employee in Oklahoma who brought his personal computer into work and joined the machine with the office computer network loses Fourth Amendment challenge to conviction for possession for child pornography found on that personal computer: Circuit Judge Michael W. McConnell yesterday issued this decision on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Tenth Circuit. The court's opinion concludes, "Mr. Barrows voluntarily moved his personal computer into a public space and took no measures to protect its contents from public inspection. Consequently, he did not enjoy a reasonable expectation of privacy and Officer McQuown's search worked no Fourth Amendment violation."
Posted at 06:50 AM by Howard Bashman


Tuesday, April 03, 2007

"Court to hear case on executions today: Suit challenges doctors' roles in lethal injections." This article appears today in The Atlanta Journal-Constitution.
Posted at 11:58 PM by Howard Bashman


"Fewer Cases Cite Harvard Law Review": The Harvard Crimson today contains an article that begins, "Harvard Law School may dominate the Supreme Court with five alums on the bench, but a new study suggests Harvard is losing its grip on one corner of the legal establishment. The Harvard Law Review is cited less and less in decisions by federal courts, in keeping with a trend across several major law reviews, according to a study published last month by staff at the Cardozo Law Review of Yeshiva University."
Posted at 11:53 PM by Howard Bashman


"Judge rules fired Zamboni driver can't be charged with DWI": The Newark (N.J.) Star-Ledger contains this article today.

And The Associated Press provides a report headlined "N.J. Judge: No Such Thing As Zamboni DWI."
Posted at 11:42 PM by Howard Bashman



"Relatives of Interned Japanese-Americans Side With Muslims": This article appears today in The New York Times.
Posted at 11:33 PM by Howard Bashman


In Wednesday's edition of The New York Times: An article headlined "Bush Splits With Congress and States on Emissions" begins, "A day after the Supreme Court ruled that the federal government had the authority to regulate heat-trapping gases, President Bush said he thought that the measures he had taken so far were sufficient."

In other news, "8-Month Jail Term Ends as Maker of Video Turns Over a Copy."

And an article will report that "Democrats Seek to Interview Gonzales Aide."
Posted at 11:22 PM by Howard Bashman



"Justices Thwart Bush Team on Environmental Policy": This audio segment (RealPlayer required) appeared on today's broadcast of NPR's "Morning Edition."
Posted at 10:58 PM by Howard Bashman


"Duke Energy loss could cost millions": The Charlotte Observer today contains an article that begins, "A U.S. Supreme Court ruling Monday could mean Duke Energy is subjected to a more expensive interpretation of the Clean Air Act -- potentially costing the company millions to retrofit older plants in the Carolinas with anti-pollution devices."
Posted at 10:55 PM by Howard Bashman


"The main question presented in these cross-appeals is the contention of the government that John Windell Clay's 60-month sentence for possessing methamphetamine precursors is unreasonably lenient, when the advisory Guidelines range was 188 to 235 months and the variance was based primarily on Clay's postoffense rehabilitation." On behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit, Circuit Judge William H. Pryor, Jr. holds that the sentence imposed was not unreasonably lenient in an opinion issued today.

At the "Sentencing Law and Policy" blog, Law Professor Douglas A. Berman has this post about the ruling.
Posted at 09:50 PM by Howard Bashman



"Imprisoned freelance journalist released": Bob Egelko and Jim Herron Zamora of The San Francisco Chronicle provide a news update that begins, "Josh Wolf, the blogger whose record 7 1/2 months in federal prison stirred debate about who qualifies as a journalist and what legal protections they should receive, was freed today after releasing video footage sought by prosecutors about an anarchist protest."

And David Kravets of The Associated Press reports that "Journalist Jailed for Record Time Freed."
Posted at 09:15 PM by Howard Bashman



"Supreme Court refuses to hear Guantanamo detainees' case -- for now; The justices vote 6-3 against hearing prisoners' claim that they are being denied the right to habeas corpus that is protected by the Constitution": David G. Savage has this article today in The Los Angeles Times.

In USA Today, Joan Biskupic reports today that "Justices reject appeals at Guantanamo -- for now; Majority signal court may intervene later."

And The Washington Times reports that "High court rejects challenge of detainees at Guantanamo."
Posted at 07:15 AM by Howard Bashman



"Justices push EPA to act on car emissions; The court ruling scolds the Bush administration for refusing to regulate greenhouse gases as air pollutants": David G. Savage has this article today in The Los Angeles Times. A related article is headlined "Emissions law could still face hurdles; Despite a favorable Supreme Court ruling, another suit, the EPA or Congress could still stymie state legislation." And an editorial is entitled "Supreme Court clears the air: The high court ruled in favor of California and 11 other states on limiting greenhouse-gas emissions."

In USA Today, Joan Biskupic reports today that "Stricter emission limits get a boost; EPA has regulatory power over greenhouse gases, Supreme Court ruling says."

The Boston Globe reports that "High court tells EPA to rethink policy on emissions; Mass. led case against agency." And an editorial is entitled "Court tells Bush to cool it."

In The San Francisco Chronicle, Bob Egelko reports that "Ruling helps California battle global warming; Supreme Court affirms that states can limit greenhouse gases, attorney general says."

The Chicago Tribune contains articles headlined "EPA must regulate greenhouse gases" and "Legislation to curb emissions crowds agendas."

The Hartford Courant reports that "Court's Climate Ruling Hailed; May Help States Fight Greenhouse Emissions."

The Wall Street Journal reports that "Industries Show Uncertainty Over Ruling's Impact; Some Favor Regulation From Congress, Others From Federal Agencies" (free access).

The New York Times contains an editorial entitled "The Court Rules on Warming."

And The Washington Post contains an editorial entitled "Regulating Emissions: Cleaner air, compliments of the Supreme Court."
Posted at 07:14 AM by Howard Bashman



"U.S. Stance in Spy Case Sparks Concern in Academia": Josh Gerstein has this article today in The New York Sun.
Posted at 07:02 AM by Howard Bashman


"The U.S. Court of Appeals for the Eleventh Circuit Undercuts Sexual Harassment Victims' Rights: How the Decision Underlines Problems with the Supreme Court's Approach To Hostile Environment Harassment." Joanna Grossman has this essay online today at FindLaw.
Posted at 07:00 AM by Howard Bashman


Monday, April 02, 2007

Available online from National Public Radio: This evening's broadcast of "All Things Considered" contained audio segments entitled "Supreme Court Won't Hear Detainees' Appeals" (featuring Nina Totenberg) and "High Court Rebukes EPA on Emissions, Environment."

And today's broadcast of "Day to Day" contained an audio segment entitled "High Court Rules Against EPA on Emissions."

RealPlayer is required to launch these audio segments.
Posted at 11:35 PM by Howard Bashman



"Supreme Court Says EPA Can Regulate Greenhouse Gases": This segment (transcript with link to audio) featuring Marcia Coyle appeared on this evening's broadcast of the PBS program "The NewsHour with Jim Lehrer."
Posted at 11:23 PM by Howard Bashman


"Court Says EPA Can Regulate Car Emissions": This audio segment (RealPlayer required) featuring Lyle Denniston appeared on today's broadcast of the public radio program "Here & Now."
Posted at 11:20 PM by Howard Bashman


Available online from law.com: Tony Mauro reports that "High Court Orders EPA to Review Greenhouse-Gas Emissions."

Jason McLure and Tony Mauro report that "Supreme Court Won't Hear Guantanamo Detainees' Appeal."

And Justin Scheck has a report headlined "Defense Lawyers Dismayed by 9th Circuit Ruling on Willful Ignorance" that begins, "The question of how to determine whether someone knew they were committing a crime has long been an epistemological briar patch. As 9th Circuit Judge Alex Kozinski put it in a Monday opinion, 'we've seen a proliferation of narrow, heavily fact-dependant and at times contradictory opinions that have been difficult for both judges and litigants to navigate.' So, in his majority opinion for a 15-member en banc panel, Kozinski set out to 'clear away the underbrush' surrounding how juries should be told to treat a defendant who claims she didn't know that what she was doing was a crime, even if she probably should have." You can access today's en banc ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 11:15 PM by Howard Bashman



The Associated Press is reporting: Now available online are articles headlined "Supreme Court Won't Take Up Farm Ban" and "Court Rejects Appeal in James Brown Case."
Posted at 11:10 PM by Howard Bashman


"Little redress in US courts for detainees; The Supreme Court avoided a test of Bush's terror-fighting powers Monday, letting stand a ruling denying Guantanamo detainees access": Warren Richey will have this article Tuesday in The Christian Science Monitor.
Posted at 11:05 PM by Howard Bashman


"Supreme Court overturns Duke clean air law ruling": Reuters provides this report.

And The Associated Press reports that "Court Boosts Regulators on Power Plants."

You can access today's U.S. Supreme Court ruling in Environmental Defense v. Duke Energy Corp., No. 05-848, at this link.
Posted at 11:02 PM by Howard Bashman



"Justices Say E.P.A. Has Power to Act on Harmful Gases": Tuesday in The New York Times, Linda Greenhouse will have an article that begins, "In one of its most important environmental decisions in years, the Supreme Court ruled on Monday that the Environmental Protection Agency has the authority to regulate heat-trapping gases in automobile emissions." Tomorrow's paper will also contain a news analysis headlined "Ruling Undermines Lawsuits Opposing Emissions Controls."

Tuesday in The Washington Post, Robert Barnes and Juliet Eilperin will have a front page article headlined "High Court Faults EPA Inaction on Emissions; Critics of Bush Stance on Warming Claim Victory."

Tuesday in The Christian Science Monitor, Warren Richey and Brad Knickerbocker will have an article headlined "Supreme Court: EPA must address climate risk; The high court's 5-to-4 ruling Monday rejects the White House's view and hands environmentalists a major victory."

David G. Savage of The Los Angeles Times provides a news update headlined "Greenhouse gases subject to regulation, Court rules."

James Vicini of Reuters reports that "US court rules against Bush in global warming case."

Greg Stohr of Bloomberg News reports that "High Court Tells EPA to Consider Global Warming Steps."

And Patti Waldmeir and Edward Luce of Financial Times provide a report headlined "Blow for White House over emissions."

You can access at this link today's U.S. Supreme Court ruling in Massachusetts v. EPA, No. 05-1120.
Posted at 10:54 PM by Howard Bashman



"Supreme Court Denies Guantanamo Appeal": Linda Greenhouse will have this article Tuesday in The New York Times.

The Washington Post will report on Tuesday that "Justices Won't Hear Detainee Rights Cases -- for Now."

James Vicini of Reuters reports that "Top court won't decide Guantanamo prisoner appeal."

Greg Stohr of Bloomberg News reports that "Guantanamo Bay Inmate Appeals Rejected by High Court."

And CNN.com reports that "Supreme Court rejects appeal by Gitmo prisoners."

The order denying certiorari, accompanied by the joint statement respecting the denial of certiorari of Justices John Paul Stevens and Anthony M. Kennedy, can be accessed here. The dissenting opinion of Justice Stephen G. Breyer, in which Justice David H. Souter joined in full and Justice Ruth Bader Ginsburg joined in part, can be accessed here.
Posted at 09:38 PM by Howard Bashman



Atlanta Braves 5, Philadelphia Phillies 3 (10 innings): Strong opening day starts from John Smoltz of the Braves and Brett Myers of the Phillies went to waste as the game was deadlocked at 3-3 once neither starter remained. Despite some tense moments before a sell-out crowd in Philadelphia, the revamped bullpen for the Braves today lived up to its advance billing, holding the Phillies scoreless, while Braves shortstop Edgar Renteria hit his second home run of the day to notch the victory. You can access the box score at this link, while recaps are available here and here.

The weather was beautiful, and I had the pleasure of chatting briefly with Phillies Assistant General Manager Ruben Amaro Jr. and his brother Dave while the Phillies held a 3-2 lead. Both Ruben and Dave attended Penn Charter with me many, many years ago, and it was great to see them again.
Posted at 09:25 PM by Howard Bashman



Programming note: Today is opening day for the Philadelphia Phillies, hosting the Atlanta Braves at Citizens Bank Park. My son and I will be viewing the game from this location.

Additional posts, including a game recap, will appear online here tonight.
Posted at 10:32 AM by Howard Bashman



BREAKING NEWS -- "Court: Feds Can Regulate Car Emissions": The Associated Press provides a report that begins, "The Supreme Court ordered the federal government on Monday to take a fresh look at regulating carbon dioxide emissions from cars, a rebuke to Bush administration policy on global warming."

And at "SCOTUSblog," Lyle Denniston has a post titled "EPA must consider global warming again." Lyle reports that the ruling divided the Court 5-4.

The opinions that the U.S. Supreme Court issued today in argued cases will be available via this link once the Court posts them online. And the opinions may be available online sooner via "SCOTUSblog," because the Court doesn't mind that a blog is the first free online source for its newly-issued opinions.
Posted at 10:20 AM by Howard Bashman



"Is the Tort System Costing the United States $865 Billion a Year?" Seventh Circuit Judge Richard A. Posner has this post at "The Becker-Posner Blog." And his co-blogger, Gary S. Becker, offers this response.
Posted at 10:14 AM by Howard Bashman


Joseph Frederick is originally from Texas, where a "Bong Hits 4 Jesus" banner would have bothered no one: Yesterday's issue of The Longview (Tex.) News-Journal contained an article that begins, "Former Henderson resident Joseph Frederick never thought his high school fight for free speech rights would propel him to the national limelight in a case that recently was heard by the U.S. Supreme Court. After leaving Henderson with his family and moving to Alaska while a sophomore in high school, he was looking for a way to capture the attention of news camera crews during a parade in 2002 in which the Olympic torch was passing near his Juneau-Douglas High School." (Via "Religion Clause.")
Posted at 10:11 AM by Howard Bashman


BREAKING NEWS -- No SCOTUS review of GITMO detainee cases at this time: At "SCOTUSblog," Lyle Denniston has a post titled "Court denies habeas cases" that begins, "The Supreme Court on Monday denied review in two new Guantanamo detainee cases. Three Justices dissented, and two others wrote separately about the denial." It takes a total of four votes to grant review.

And The Associated Press reports that "Court Rejects Gitmo Detainees' Appeal."

"SCOTUSblog" has posted today's regular Order List at this link. The opinions relating to today's denial of review in the Guantanamo detainees litigation will be available via this link once the U.S. Supreme Court posts them online.
Posted at 10:05 AM by Howard Bashman



"Are State Law, City Ordinance Regulating All Pit Bulls as 'Vicious Dogs' Unconstitutional?" That is the issue in a case to be argued this morning before the Supreme Court of Ohio. The court's summary of the case can be accessed here, while the docket entries providing access to various court filings can be accessed here.

The decision under review, which you can view at this link, begins: "This appeal comes to us from a judgment issued by the Toledo Municipal Court, which found state and local 'vicious dog' laws to be constitutional. Because we conclude that the trial court erred as a matter of law, we reverse."

You can view today's Ohio Supreme Court oral arguments live, online, via this link. The oral argument in this case is expected to begin around 10 a.m. eastern time. Later, when the oral argument video becomes available from the court's oral argument archive, you will be able to access the video via this link.

Correction: Thanks to a reader who emailed to note that the oral argument in this case is scheduled for Wednesday of this week, and not today (Monday).
Posted at 08:30 AM by Howard Bashman



"Dr. Hook: The ouster of eight U.S. attorneys was part of the Bush administration's plan to enhance executive power." Dahlia Lithwick has this essay in the April 2007 issue of The American Lawyer.
Posted at 08:07 AM by Howard Bashman


"A User's Guide to Law School Supreme Court Clinics": Today's installment of my weekly "On Appeal" essay for law.com can be accessed here.
Posted at 08:04 AM by Howard Bashman


"Rights for Gitmo detainees: Denying Guantanamo Bay inmates their day in court is a continuing, unnecessary outrage." This editorial appears today in The Los Angeles Times.
Posted at 08:00 AM by Howard Bashman


"Bush officials want Gonzales' hearing to be sooner; The attorney general is scheduled to appear April 17; The Senate Judiciary Committee's chairman says his panel needs the time": The Los Angeles Times contains this article today.

And in somewhat related coverage, The New York Times reports today that "Crime Intensifies Debate Over Taping of Suspects."
Posted at 07:55 AM by Howard Bashman



"Preserving a Free Campus Press: An Illinois law that prevents administrative meddling is an important step forward." This editorial appears today in The Harvard Crimson.
Posted at 07:45 AM by Howard Bashman


Available online from The New Republic: Benjamin Wittes has an essay entitled "Head Hunt: Obviously, Gonzales should resign; But who should replace him?"

And Linda Hirshman has an essay entitled "Holy Orders: 'Don't ask, don't tell' is a strictly Christian policy."
Posted at 07:24 AM by Howard Bashman



Sunday, April 01, 2007

"Adding Method to Judging Mayhem": Adam Liptak will have this "Sidebar" column (TimesSelect temporary pass-through link) in Monday's issue of The New York Times.
Posted at 11:04 PM by Howard Bashman


"A General Rebellion: Alberto Gonzales has big troubles, but it isn't the current flap that has made him such a controversial figure." The April 9, 2007 issue of U.S. News & World Report will contain this article.
Posted at 09:05 PM by Howard Bashman


"Prosecutor Posts Go To Bush Insiders; Less Preference Shown for Locals, Senators' Choices": This front page article appears today in The Washington Post, along with an article headlined "2 in N.M. Delegation Feel Heat Over Firings; Ethics Panel Examines Sen. Domenici's Role."

The Boston Globe reports today that "Leahy finds chance to fight executive privilege strategy; Long after Nixon, Vt. senator leads effort against Bush."

The Los Angeles Times contains an editorial entitled "Gonzales shifts his story: The Attorney General's chief of staff contradicted his boss's account of why and how eight U.S. attorneys were fired."

The Chicago Tribune contains an editorial entitled "Gonzales' amnesia."

And The New York Times contains an editorial entitled "The Rovian Era."
Posted at 08:32 PM by Howard Bashman



"Nichols' family hopes for plea, life in prison": The Atlanta Journal-Constitution contains this article today.
Posted at 08:25 PM by Howard Bashman


"Some Bumps at Start of War Tribunals at Guantanamo": This news analysis appears today in The New York Times.

The Washington Post reports today that "Australian's Plea Deal Was Negotiated Without Prosecutors."

And The Los Angeles Times reports that "Detainee's plea deal angers some legal experts; If Hicks was such a menace, critics argue, why did he get just nine months?"
Posted at 07:32 PM by Howard Bashman



"Legal battle over girls sports seasons might end Monday": The Detroit Free Press contains this article today.
Posted at 09:15 AM by Howard Bashman


"Supreme Court Justice Puts Hamlet on Trial": This segment (transcript with links to audio and video) appeared on Thursday's broadcast of the PBS program "The NewsHour with Jim Lehrer."
Posted at 09:14 AM by Howard Bashman


Happy birthday to U.S. Supreme Court Justice Samuel A. Alito, Jr.: According to the popular "Today in History" feature from The Associated Press, today Justice Alito turns 57 years of age.
Posted at 09:07 AM by Howard Bashman






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