“Justices Reject Auditor Verdict in Enron Scandal”: Linda Greenhouse will have this article Wednesday in The New York Times. That newspaper will also contain articles headlined “Reversal of Andersen Conviction Not a Declaration of Innocence“; “Decision Rekindles Debate Over Andersen Indictment“; and “Andersen Ruling Could Aid Appeal of Former Banker.”
In Wednesday’s edition of The Washington Post, Charles Lane will report that “Justices Overturn Andersen Conviction; Advice to Enron Jury On Accountants’ Intent Is Faulted.” The newspaper will also contain an article headlined “Ruling Won’t Deter Prosecution of Fraud; Andersen Decision Seen as a Rebuke.”
In Wednesday’s edition of The Los Angeles Times, David G. Savage will report that “Justices Draw Line After Firm’s Fall; High court says it wasn’t proved that defunct accounting giant Arthur Andersen intended to commit a crime in the Enron scandal..”
The Chicago Tribune provides a news update headlined “Andersen’s victory bittersweet for former employees.”
Bloomberg News reports that “Andersen Conviction Overturned by U.S. Supreme Court.”
Wednesday’s edition of The Times of London reports that “Arthur Andersen retrial likely after conviction is overturned.” Related articles are headlined “Anderson verdict may help future document destroyers” and “Shredding lapse that doomed firm.”
Wednesday’s edition of The Independent (UK) reports that “US Supreme Court overturns guilty verdict in Arthur Andersen case.”
Wednesday’s edition of The Guardian (UK) reports that “Andersen cleared by supreme court over Enron.”
Wednesday’s edition of The Telegraph (UK) reports that “Supreme Court overturns Andersen conviction.”
Finally for now, this evening’s broadcast of PBS‘s “The NewsHour with Jim Lehrer” contained commentary about the ruling (RealPlayer required) from Jan Crawford Greenburg of The Chicago Tribune.
“Judge Hatchett Ruling Overturned By Judge Joe Brown”: The Onion partakes in the neverending joy of appellate court coverage.
U.S. Department of Justice must disclose Office of Legal Council memorandum regarding federal immigration law, Second Circuit rules: You can access today’s ruling of the U.S. Court of Appeals for the Second Circuit, in a lawsuit brought by the ACLU and other plaintiffs against the Justice Department, at this link.
Available online from law.com: Tony Mauro reports that “High Court Blesses Document Policies in Andersen Case.”
An article reports on “The New Calculus for a Supreme Court Nomination.”
In other news, “Big Media Want FCC Regs Case Heard; Conglomerates push Supreme Court to review cross-ownership rules, but the government hasn’t joined them.”
And in news from New York, “Bid to Crack Nasdaq’s Immunity Shield Fails; Court rejects fraud exception where SRO’s actions are consistent with its quasi-governmental powers” and “Sept. 11 Perjury Charges Stand Despite Shackles in Court; Trial delayed while prosecutors contest ruling on questioning of grand jurors.”
“California appeals judge’s ruling on gay marriage”: Reuters provides this report.
“Dress Barn Wins Appeal; $32 Million Judgment Overturned”: The Dress Barn, Inc. has issued this press release concerning a decision that the Supreme Court of Connecticut issued today.
“Appeals court upholds $80 million damages in alder log case”: The Associated Press provides this report on an antitrust ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.
In response to the ruling, Weyerhaeuser Company today issued a press release entitled “Weyerhaeuser Response to Ninth Circuit Court of Appeals Decision.”
“Supreme Court Rules in Ohio Prison Case”: Linda Greenhouse will have this article Wednesday in The New York Times.
And Gina Holland’s report for The Associated Press begins, “The Supreme Court sided with a witch, a Satanist and a racial separatist Tuesday, upholding a federal law requiring state prisons to accommodate the religious affiliations of inmates.”
“Supreme Court Throws Out Arthur Andersen Conviction”: This segment (RealPlayer required) featuring Nina Totenberg appeared on this evening’s broadcast of NPR‘s “All Things Considered.”
In Wednesday’s edition of The Christian Science Monitor: Warren Richey will have an article headlined “A boost for religious practice: A Supreme Court decision on prison rights is seen as a win for minority religious groups, too.”
And in other news, “High court overturns major conviction in Enron case; The reversal on technical grounds marks setback for the US Justice Department.”
“Judge: Feds May Ban Transport of Cocks.” The Associated Press provides this report.
“Federal court nominee has Portage roots”: The Kalamazoo Gazette today contains an article that begins, “Former Portage resident Susan Bieke Neilson was appointed circuit judge by former Republican Gov. John Engler. She is a member of the Federalist Society, a conservative legal group. A left-wing coalition is fighting her nomination as a judge on the 6th U.S. Circuit Court of Appeals.”
“President says he’ll consult on Supreme Court hopefuls; Bush cites filibuster deal, says he still aims to fix Social Security”: This article will appear Wednesday in The Dallas Morning News.
News updates available online from The Washington Post: Charles Lane reports that “Justices Overturn Andersen.”
And in other news, “Washington Post Confirms Felt Was ‘Deep Throat’; Woodward, Bernstein and Bradlee Reveal Former FBI Official as Secret Watergate Source.”
Don’t ask me about my miniature Chief Justice John Jay bobblehead doll (0197/1056): Wouldn’t it be something if The Green Bag were planning to issue a bobblehead doll depicting every Justice who ever served on the U.S. Supreme Court?
“Supreme Court Unanimously Overturns Andersen Conviction”: David G. Savage of The Los Angeles Times provides this news update.
On today’s broadcast of NPR‘s “Day to Day“: The program contained segments entitled “Slate’s Jurisprudence: End of High Court’s Session” (featuring Emily Bazelon) and “The History of the Legal Pad.” RealPlayer is required to launch these audio segments.
Self-styled supervillain wins appeal challenging sentence increase of ten years for having used fire to commit a felony: Today a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit, in an opinion by Circuit Judge Richard A. Posner, has ruled that one cannot be guilty of the federal crime of using fire to commit a federal felony (with its accompanying ten-year sentence add-on) where the underlying federal felony is arson.
“Judge: Ind. Can See Minor’s Medical Records.” The Associated Press reports here that “An Indiana judge ruled Tuesday that Planned Parenthood of Indiana must turn over to the state the medical records of its patients under 14.”
D.C. Circuit’s Division for the Purpose of Appointing Independent Counsels denies substantial portion of attorneys’ fee reimbursement request filed by former White House Steward Bayani C. Nelvis: Today’s D.C. Circuit ruling, which discusses former President Bill Clinton’s relationship with Monica Lewinsky, can be accessed here.
“Court upholds inmates’ religious rights law”: James Vicini of Reuters provides this report.
“Bush denies losing clout, vows to press on”: Reuters offers a report that concludes:
As for the Senate compromise last week, Bush offered his own interpretation.
Language in the deal allowed for blocking tactics on judicial nominees only in “extraordinary circumstances.” Bush said he took that to mean “really extraordinary,” but admitted: “I don’t know what that means.”
The battle over judicial nominees is likely to spill over to whoever Bush decides to nominate as a Supreme Court justice in the event that the ailing U.S. Chief Justice William Rehnquist, retires when the court ends its current term at the end of June.
Bush promised to consult with members of the Senate, after they had complained of little discussion with the White House over judicial nominees.
“I told the American people I would find people of a certain temperament that would serve on the bench, and I intend to do that. But we will consult with the Senate,” he said.
You can access the complete transcript of President Bush’s press conference from earlier today at this link.
“Supreme Court overturns Arthur Andersen’s Enron conviction”: Mary Flood of The Houston Chronicle provides this news update.
“A major death penalty case? Maybe not.” Online at “SCOTUSblog,” Lyle Denniston provides this report on the death penalty case from Kansas that the U.S. Supreme Court agreed to review today.
Update: At the “Sentencing Law and Policy” blog, Law Professor Douglas A. Berman has a post titled “A capital waste of time?”
“‘Deep Throat’ Reportedly Comes Forward”: The Associated Press provides a report that begins, “A former FBI official says he was the source called ‘Deep Throat’ who leaked secrets about President Nixon’s Watergate coverup to The Washington Post, Vanity Fair reported Tuesday. W. Mark Felt, 91, who was second-in-command at the FBI in the early 1970s, kept the secret even from his family until 2002, when he confided to a friend that he had been Washington Post reporter Bob Woodward’s source, the magazine said.”
Update: Vanity Fair magazine has posted its article online here.
On today’s broadcast of C-SPAN‘s “Washington Journal“: Today’s program contained two don’t-miss segments: Stuart Taylor Jr. discusses his recent article, “The Rehnquist Court” (click here to view clip); and retired Fifth Circuit Judge Charles W. Pickering, Sr. discusses the judicial confirmation process (click here to view clip). RealPlayer is required to launch these video clips.
Special Counsel Patrick J. Fitzgerald files federal government’s brief in opposition in the Judith Miller, Matthew Cooper, Time Inc. reporter’s privilege case: You can access the brief in opposition filed in the Supreme Court of the United States at this link.
I previously provided links to the cert. petitions and a noteworthy amicus brief.
Today’s opinions and Order List from the Supreme Court of the United States: The Court today issued three decisions in argued cases.
1. Justice Stephen G. Breyer delivered the opinion of the Court in Tory v. Cochran, No. 03-1488. You can access the syllabus here; Justice Breyer’s opinion here; Justice Clarence Thomas’s dissenting opinion here; and the oral argument transcript here.
2. Justice Ruth Bader Ginsburg delivered the opinion on behalf of a unanimous Court in Cutter v. Wilkinson, No. 03-9877. You can access the syllabus here; Justice Ginsburg’s opinion here; Justice Thomas’s concurring opinion here; and the oral argument transcript here.
3. Chief Justice William H. Rehnquist delivered the opinion for a unanimous Court in Arthur Andersen LLP v. United States, No. 04-368. You can access the syllabus here; Chief Justice Rehnquist’s opinion here; and the oral argument transcript here. Much additional information about this case is available via The Houston Chronicle here and here.
In early press coverage, Hope Yen of The Associated Press reports that “Court Overturns Arthur Andersen Conviction.” The AP’s Gina Holland reports that “High Court Sides With Inmates on Religion” and “High Court Says Cochran Protests Are OK.” The AP also reports that “Supreme Court to Take Up Death Penalty Law.” James Vicini of Reuters reports that “Arthur Andersen conviction overturned.” Reuters also reports that “Top court to decide Kansas death penalty law.” And at “SCOTUSblog,” Lyle Denniston has a round-up titled “Court upholds RLUIPA, rules for Arthur Andersen.”
Today’s Order List can be accessed at this link. The Court today granted certiorari in a case challenging the decision of the Supreme Court of Kansas invalidating that State’s death penalty law. Back in December 2004, I noted that ruling in a post you can access here.
Monday, June 6, 2005 is the next scheduled date on which the Court will issue opinions and orders.
On the agenda: At 10 a.m. today, the U.S. Supreme Court is scheduled to issue an Order List and one or more opinions in argued cases.
“GOP Election Challenge Enters Second Week”: The Associated Press provides this report from Washington State.
And in related coverage, The Seattle Times today reports that “2 who’ve appeared before Judge Bridges call him ‘fair.’”
“The Rehnquist Court”: Stuart Taylor Jr. recently had this lengthy article in National Journal. I’ll link to video of Stuart’s appearance this morning on C-SPAN‘s “Washington Journal,” where he discussed the article, once it’s posted online.
“Majority vote remains on the table for future use”: U.S. Senator John Cornyn (R-TX) has this op-ed today in The San Antonio Express-News.
“The Moderates Take Charge!” Stuart Taylor Jr. has this essay in this week’s issue of National Journal.
Chicken ducks jaywalking ticket: The Associated Press reports that “Ticket against jaywalking chicken in Kern County dismissed.”
And earlier coverage from The AP is available in a report headlined “Chicken Ticketed for Crossing the Road” (or perhaps you’d prefer the headline “Chicken runs afoul of law, an age-old joke“).
Finally, in local coverage from The Daily Independent of Ridgecrest, California, “No jail time for owners of jaywalking chicken” and, earlier, “Ticket for wayward chicken still being battled in court.”
“Poor Judgment: Judges should not try to stifle criticism.” This editorial appears today in The Monitor of McAllen, Texas.
A very similar editorial also appears today in The Daily News of Jacksonville, North Carolina.
