“When You Can’t Beat ‘Em: Since everyone wants to kill Moussaoui, he’d be nuts not to agree.” Dahlia Lithwick has this jurisprudence essay online today at Slate.

In Wednesday’s edition of The Washington Post: An article will report that “Reporters Lose In Appeals Court; Leak Case May Lead to Jail.”

And in other news, “DeLay Takes Fight to Talk Radio.” You can access the audio from this interview via this link.

In news from Colorado: The Denver Post reports today that “Justices say shop owner not liable for sex assault.” And The Rocky Mountain News reports today that “Colorado high court tosses award in sex-assault suit; 6-1 ruling says business not liable in 1997 attack.” You can access yesterday’s ruling of the Supreme Court of Colorado at this link.

In other news, The Denver Post reports today that “2 killers spared in high court’s ruling on ’02 sentencing law.” You can access yesterday’s rulings of the Supreme Court of Colorado here and here.

In news pertaining to the denial of reconsideration, The Denver Post reports today that “High court won’t reconsider Auman decision.” And The Rocky Mountain News reports that “Court upholds Auman decision; DA must decide on retrial, plea bargain or further appeal.”

Finally, Colorado’s Supreme Court has also refused to reconsider its recent decision setting aside a death sentence due to jurors’ use of a Bible during sentencing deliberations. The Rocky Mountain News reports today that “Justices stand by Harlan ruling.”

“Supreme Court back on gender equity case”: This article about alleged gender discrimination in high school sports appears today in The Grand Rapids Press.

Yes, no, maybe so? Yesterday, the U.S. Supreme Court granted review in a search warrant case from Georgia. The question presented involves whether police can enter a home to conduct a warrantless search if one spouse consents but the other does not. I first reported on the Supreme Court of Georgia‘s ruling in the case last November in a post that you can access here.

In local coverage of that ruling, The Americus Times-Recorder reported last November that “State Supreme Court rules drug search illegal.”

Also in Wednesday’s edition of The New York Times: Tomorrow’s newspaper will also contain articles headlined “As Vote on Filibuster Nears, G.O.P. Senators Face Mounting Pressure” and “DeLay Outlines Strategy Against Federal Judges.”

“High Court Limits Stock Fraud Lawsuits; A plunge in a stock’s price does not demonstrate fraud, justices say, even if investors were lured by inflated claims”: David G. Savage has this news update online at The Los Angeles Times.

In Wednesday’s edition of The New York Times: Adam Liptak will report that “2 Reporters Suffer Another Court Setback.”

John Kifner will have an article headlined “10 Years After Bombing, Oklahoma City Remembers.”

And in other news, “Sept. 11 Suspect May Be Set to Admit Guilt.”

Available online from law.com: Tony Mauro reports that “Supreme Court Rejects Looser Standard for Stock Fraud Suits.”

And in news from New York City, “Threats Against Federal Judge, Courthouse Lead to Arrest.”

“Weighing property rights”: This past Sunday, Nancie G. Marzulla, president of the Defenders of Property Rights, had this op-ed in The Washington Times. In the op-ed, Marzulla writes, “Now the U.S. District of Columbia Circuit Court of Appeals is considering a full court, or en banc, review of a case (Stearns v. the United States) that could prove as pivotal as any before the highest court.”

If true, the quoted sentence contains remarkable news, because Stearns Co. v. United States was recently decided by the U.S. Court of Appeals for the Federal Circuit. Thanks much to a reader for the pointer.

Tenth Circuit Judge Michael W. McConnell issues decision rejecting Commerce Clause challenge to homemade child pornography conviction: You can access today’s ruling, on behalf of a unanimous three-judge panel, at this link. The discussion of this issue, as to which other circuits have divided, begins on page 22 of the decision.

Available online from The Associated Press: Jesse J. Holland of The Associated Press has a report headlined “DeLay Slams Supreme Court Justice” that begins, “House Majority Leader Tom DeLay intensified his criticism of the federal courts on Tuesday, singling out Supreme Court Justice Anthony Kennedy’s work from the bench as ‘incredibly outrageous’ because he has relied on international law and done research on the Internet.”

And in other news, “Judge Weighs Moussaoui’s 9/11 Guilty Plea.”

“Court Declines Case of Reporters in Leak Case”: Adam Liptak of The New York Times provides this news update.

“Who Are the Top 20 Legal Thinkers in America?” legalaffairs.org posts the results of its online poll.

“Let the Filibuster Die: Why Bill Frist’s ‘nuclear option’ doesn’t go far enough.” Timothy Noah has this chatterbox essay online at Slate.

“Court Reviews Rights in Death Penalty Case”: The Associated Press provides this report.

“Lawsuit targets Williams for ouster; It is unconstitutional to serve both as Rhode Island chief justice and as a member of a military review panel, a lawyer asserts”: Two Saturdays ago, The Providence Journal published an article that begins, “A lawsuit filed Thursday claims that Frank J. Williams is no longer chief justice of the Rhode Island Supreme Court because he is on the military review panel that will hear appeals from suspected terrorists in Guantanamo Bay, Cuba. The suit cites a section of the Rhode Island Constitution that says that ‘if any general officer, senator, representative or judge shall, after election and engagement, accept any appointment under any other government, the office under this shall be immediately vacated.'”

U.S. Court of Appeals for the Eleventh Circuit denies rehearing en banc on Booker plain error standard: So why, then, is the document containing the order ninety-two pages long? Because Circuit Judges Gerald Bard Tjoflat and Rosemary Barkett have appended dissents from the denial of rehearing en banc, and Circuit Judge Ed Carnes has appended a concurrence in which he responds to those dissents.

“Case embroiled in controversy after Wilson judge had ordered her to learn English”: The Tennessean contains this article today.

“Three judges are flash points in Senate clash; A vote on their nominations Thursday could lead to long-awaited showdown over the federal courts”: This article will appear Wednesday in The Christian Science Monitor.

People For the American Way today issued a press release titled “With Frist’s Finger on the ‘Nuclear’ Button, PFAWF Launches New Ad; Republican Firefighter Returns to Washington to Save the Filibuster.” You can access the new ad via this link.

Focus on the Family today issued a press release titled “Focus on the Family Action Launches Judical Filibuster Ad Campaign.” The press release provides links to the ads.

The Committee for Justice yesterday issued a press release titled “Gonzales Never Accused Priscilla Owen of Judicial Activism.”

The Coalition for a Fair and Independent Judiciary today issued a press release titled “Law Students, Law Professors, Legal Luminaries Rally Nationwide to Protect the Filibuster; Legal Professionals Will Present Thousands of Letters to Senate Leadership.”

And Project 21 today issued a press release titled “Black Activists Criticize NAACP for Filibuster Flip-Flop; Group Now Supports Senate Tactic That Hobbled Civil Rights Legislation.”

“Insurers Want to Change Asbestos Bill”: Reuters provides this report.

“Garrow on Blackmun and law clerks”: Mark Tushnet has this post at “Balkinization.”

At “The Volokh Conspiracy,” Jim Lindgren has a post titled “Blackmun a Clerk to His Clerks.”

At Reason’s “Hit and Run” blog, Jesse Walker has a post titled “Pay No Attention to Those Clerks Behind the Curtain.”

The article to which they are responding is available here.

“Police arrest porn star who ran for governor”: This article appears today in The News Tribune of Tacoma, Washington.

“Bills target abortion clinics”: The St. Petersburg Times contains this editorial today.

“Five years later, Elian, now 11, is living a ‘normal’ life”: This article appeared Sunday in The South Florida Sun-Sentinel.

“Center Court: There really are vast differences among the Supreme Court’s five conservatives; And that’s exactly what Bush hopes he can eliminate.” Simon Lazarus has this essay in the May 2005 issue of The American Prospect.

The Solititor General’s Office files its reply brief in support of its petition for writ of certiorari seeking review of the Third Circuit‘s ruling in the Solomon Amendment case: Once I receive a copy of (or a link to) the reply brief in PDF format, I will post it online. For now, you can access online the cert. petition, the appendix thereto, an amicus brief filed by the Mountain States Legal Foundation, the brief in opposition, and the Third Circuit’s ruling.

“New York Man Arrested for Threatening U.S. Judge”: Reuters provides a report that begins, “A New York man was arrested on Tuesday for threatening to kill a Brooklyn federal judge and bomb his courthouse amid growing concern about the safety of the nation’s judiciary and their courtrooms.”

The April 18, 2005 issue of New York Magazine contained an item headlined “Furor in the Court: ‘It’s like we’re in Fallujah’; Brooklyn judges say they’re not as safe as their Manhattan counterparts.”

“Once Bitten, Twice Shy”: CBS News legal analyst Andrew Cohen has this essay about Zacarias Moussaoui’s decision, once again, to plead guilty.

“Frist: Filibuster Ban Won’t Include Bills.” Jesse J. Holland of The Associated Press provides this report on a statement that Senate Majority Leader Bill Frist, M.D. (R-TN) issued today.

U.S. Court of Appeals for the Ninth Circuit holds that $5 million punitive damage award was unconstitutionally excessive in racial discrimination case where the actual harm to plaintiff was valued at $50,000: You can access today’s ruling at this link. The Ninth Circuit has ruled that the maximum lawful punitive damages award would be in the range of $300,000 to $450,000. The opinion’s conclusion leaves me unsure concerning whether the plaintiff, on remand, will have the option to reject the reduction and instead opt for a new trial.

“The Brains Behind Blackmun: Harry Blackmun’s papers reveal that, more than any justice in memory, he gave his law clerks control over his thinking and writing when he was on the Supreme Court.” David J. Garrow has this article in the May | June 2005 issue of Legal Affairs magazine.

Seth P. Waxman, who now serves as chairman of Legal Affairs, offers this response to Garrow’s article. And at “The Volokh Conspiracy,” David Bernstein reacts here to Tony Mauro’s coverage of Garrow’s article.

I’ll be happy to consider for posting any comments about Garrow’s article that readers forward to me via email. Please let me know whether you are commenting anonymously or for attribution. And I’ll also be pleased to receive via email links to posts from others who are blogging about this article.

“Bill Would End Gag Clauses That Stifle Victims Who Sue”: This article appears today in The Los Angeles Times.

“Witch Trial: Some Faiths Aren’t Good Enough for Chesterfield Supervisors.” Columnist A. Barton Hinkle has this essay today in The Richmond Times-Dispatch. Hinkle’s essay begins, “Any lawyer who represents himself in court has a fool for a client. Anyone without a law degree who takes issue with J. Harvie Wilkinson is an idiot. To the latter charge, your servant enters a plea of no contest, and plows ahead anyway.”

“Murkowski’s position vague in Senate strife; Judicial nominees: Republicans would be able to block filibusters.” This article appears today in The Anchorage Daily News.

The Fort Wayne Journal Gazette today contains an editorial entitled “Uphold the filibuster.”

The Kansas City Star contains an editorial entitled “Keep religion out of judge nominations.”

The Oregon Daily Emerald contains an editorial entitled “Jeopardizing the filibuster could muffle minorities.”

The UCLA Daily Bruin yesterday contained an editorial entitled “GOP efforts to gain power threaten courts, system.”

And in The San Francisco Chronicle, columnist Debra J. Saunders today has an essay entitled “Going nuclear.”