Wednesday, April 16, 2008
Available online from National Public Radio: This evening's broadcast of "All Things Considered" contained an audio segment entitled "Justices Rule Lethal Injection Is Constitutional" featuring Nina Totenberg.
And today's broadcast of "Morning Edition" contained an audio segment entitled "High Court Upholds Kentucky's Execution Injections."
"Supreme Court Allows Lethal Injection for Execution": Linda Greenhouse will have this article Thursday in The New York Times.
Posted at 10:07 PM by Howard Bashman
"The Capital Gang: The Supreme Court jump-starts the machinery of death." Dahlia Lithwick has this Supreme Court dispatch online at Slate.
Posted at 08:45 PM by Howard Bashman
"Top Md. court rules on sexual consent case; Rape charge can be brought if consent is withdrawn during sex, court rules": The Baltimore Sun provides a news update that begins, "The state's highest court ruled this morning that a man can be charged with rape if he ignores a woman's calls to stop -- even if she had previously consented to the sex. Maryland now joins seven other states whose courts have concluded that a woman can revoke her consent after intercourse begins. The Court of Appeals' conclusion on the controversial matter -- one paragraph of a 76-page ruling in a complex rape case from Montgomery County -- overturns existing common law and its own 1980 opinion."
"Justices skeptical of challenge to La. child rape law": The Times-Picayune of New Orleans provides this news update.
And at "SCOTUSblog," Lyle Denniston has a post titled "Limit may be imposed on death penalty for child rape."
"Supreme Court allows lethal injection in executions": Michael Doyle of McClatchy Newspapers provides this report.
The Louisville Courier-Journal provides a news update headlined "High court upholds Ky. lethal injection method."
Adam Liptak of The New York Times has a news update headlined "Litigation Assured in Wake of Decision."
Maura Dolan of The Los Angeles Times has a news update headlined "California may resume executions by year's end; The Supreme Court's ruling that lethal injections can be used on inmates could speed up some proceedings in the state; California's last execution was in early 2006."
Bob Egelko of The San Francisco Chronicle has a news update headlined "High court ruling could clear way for California executions to resume."
"Stevens declares opposition to death penalty": Mark Sherman of The Associated Press provides this report.
Posted at 03:20 PM by Howard Bashman
Two judges dissent from the First Circuit's denial of rehearing en banc to consider whether AEDPA unconstitutionally limits a federal court's ability to grant habeas relief: You can access today's order of the U.S. Court of Appeals for the First Circuit denying rehearing en banc, and the dissent from that order, at this link.
Posted at 03:10 PM by Howard Bashman
Access online the transcript of today's U.S. Supreme Court oral argument in Kennedy v. Louisiana, No. 07-343: The Court has posted it online at this link.
In coverage of the oral argument, Pete Yost of The Associated Press reports that "Seemingly divided court considers death for child rapists."
"Justice Stevens Turns Against Capital Punishment": Tony Mauro has this post at "The BLT: The Blog of Legal Times."
"Should child rapists face death penalty? The high court will decide if execution for a Louisiana child rapist is constitutional." Warren Richey has this article today in The Christian Science Monitor.
Posted at 12:05 PM by Howard Bashman
"Supreme Court upholds executions by lethal injection; The decision, supported by a majority of the justices, clears the way for such methods to resume across the country": David G. Savage of The Los Angeles Times has this news update.
The Washington Post provides a news update headlined "Supreme Court Upholds Use of Lethal Injection."
Greg Stohr of Bloomberg News reports that "U.S. Supreme Court Upholds Use of Lethal Injection."
The Associated Press is reporting: Mark Sherman reports that "Supreme Court upholds Kentucky's use of lethal injections."
The AP also provides articles headlined "Court rules DUI does not count as violent felony"; "Court rules in favor of prosecutors in cocaine case"; and "5 Supreme Court justices on White House guest list."
Access online today's rulings of the U.S. Supreme Court: The Court today issued three opinions in argued cases.
1. Justice Stephen G. Breyer delivered the opinion of the Court in Begay v. United States, No. 06-11543. The Chief Justice and Justices John Paul Stevens, Anthony M. Kennedy, and Ruth Bader Ginsburg joined in the opinion of the Court. Justice Antonin Scalia issued an opinion concurring in the judgment. And Justice Samuel A. Alito, Jr. issued a dissenting opinion, in which Justices David H. Souter and Clarence Thomas joined. You can access the decision at this link and the oral argument transcript at this link.
3. Today's third and final opinion issued in the case of Baze v. Rees, No. 07-5439. The Chief Justice announced the judgment of the Court and delivered an opinion in which Justices Kennedy and Alito joined. Justice Alito also filed a concurring opinion. Justice Stevens filed an opinion concurring in the judgment. Justice Scalia filed an opinion concurring in the judgment, in which Justice Thomas joined. Justice Thomas also filed an opinion concurring in the judgment, in which Justice Scalia joined. Justice Breyer filed an opinion concurring in the judgment. And Justice Ginsburg filed a dissenting opinion, in which Justice Souter joined. You can access the decision at this link and the oral argument transcript at this link. And via C-SPAN, you can access the audio of this oral argument by clicking here (RealPlayer required).
"Lethal injection allowed": At "SCOTUSblog," Lyle Denniston has a post that begins, "In a widely splintered decision, the Supreme Court cleared the way for executions to resume across the country, concluding that the most common method of lethal injection does not violate the Constitution."
Posted at 10:15 AM by Howard Bashman
"Court: Drunk driving not a violent felony." Lyle Denniston has this post at "SCOTUSblog."
Posted at 10:08 AM by Howard Bashman
Available online from National Public Radio: Today's broadcast of "Morning Edition" contained an audio segment entitled "Justices Weigh Death Penalty for Child Rape" featuring Nina Totenberg.
And yesterday's broadcast of "Morning Edition" contained an audio segment entitled "Justices Weigh Deviation from Sentencing Guidelines" featuring Nina Totenberg.
"Court upholds female guard's harassment award": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "A federal appeals court has upheld $600,000 in damages to a state prison guard who said she was fired after complaining that she was being harassed by naked male inmates."
"Bush, Mich. senators end fed judge fight": The Detroit News contains this article today.
"The Free Flow of Information: It's time for a vote on a federal shield law." This editorial appears today in The Washington Post.
Posted at 08:55 AM by Howard Bashman
"Praying coach is rebuffed by court; Federal appellate judges support East Brunswick": The Newark (N.J.) Star-Ledger today contains an article that begins, "A decision by East Brunswick's football coach to bow his head and kneel during student-led pre-game prayers represents an endorsement of religious activity at a public school event and the township's board of education was justified in stopping him, a federal appeals court ruled yesterday."
The New York Times reports today that "Coach in New Jersey Cannot Pray With Players."
The Home News Tribune of Neptune, New Jersey reports that "Football coach may take prayer fight higher."
And The Associated Press reports that "Court says coach can't kneel, bow head as team prays."
"All Rise! A Centenarian Will Analyze the Supreme Court." In today's edition of The New York Times, Jim Dwyer has this installment of his "About New York" column.
Posted at 08:11 AM by Howard Bashman
"Supreme Court Restricts the Taxation of Income of Companies Based Out of State": Linda Greenhouse has this article today in The New York Times.
Posted at 08:07 AM by Howard Bashman
"The Limits of the Death Penalty": This editorial appears today in The New York Times.
Today's edition of The Washington Post contains an editorial entitled "A Crime and Its Punishment: Is the death penalty the right response to the horror of child rape?"
And The Los Angeles Times contains an editorial entitled "No death penalty for rapists: Louisiana wants to execute a child rapist; The crime is heinous, but the death penalty is too harsh."
Available online from law.com: Tony Mauro reports that "Supreme Court Sends Tax Case Back to Illinois; Also, justices rule in Clintwood Elkhorn Mining case."
Shannon P. Duffy has an article headlined "3rd Circuit: Coach's Moment of Silence Constitutes Endorsement of Religion." My earlier coverage of yesterday's Third Circuit ruling appears at this link.
And in other news, "11th Circuit Tackles Trademarks, Internet; Medical product manufacturer's use of competitor's trademarked terms in Web site's embedded information is misleading."