Friday, June 27, 2008
"U.S. Supreme Court: Landmark Decisions of the 2007-08 Term." The Brookings Institution hosted this program today, featuring Benjamin Wittes, Stuart Taylor, Jr., Miguel A. Estrada, and Randolph D. Moss. C-SPAN has posted the video online at this link (RealPlayer required).
Posted at 07:50 PM by Howard Bashman
"Police officers of the City of Grass Valley, California, arrested plaintiff-appellant Matthew Fogel and impounded his van because of messages painted on the back of the vehicle." So begins an opinion that the U.S. Court of Appeals for the Ninth Circuit issued today. The opinion goes on to explain that before Fogel was allowed to retrieve the van, he was required to paint over the messages so that they could no longer be read.
Posted at 06:15 PM by Howard Bashman
"U.S. Settles Scientist's Lawsuit in Anthrax Scare for $5.85 Million": The Washington Post has a news update that begins, "The Justice Department signed a $5.85 million settlement today with Steven J. Hatfill, the former Defense Department scientist who sued the government five years ago over the disclosure of his name in connection with a nationwide anthrax scare."
"Bin Laden's driver keeps July 21 trial date": Carol Rosenberg of The Miami Herald has a news update that begins, "A military judge has refused to delay the midsummer trial of Osama bin Laden's driver at Guantanamo Bay, Cuba, saying lawyers had sufficient time to review a recent Supreme Court decision. Navy Capt. Keith Allred wrote in a decision released by the Pentagon Friday that the trial of Salim Hamdan, a Yemeni, would open at the remote base on July 21, as scheduled."
And The Associated Press reports that "Judge sees no reason to delay Guantanamo trial."
Second Circuit affirms federal death sentence imposed by the U.S. District Court for the District of Vermont on Donald Fell for murder in the course of a carjacking: You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Commission on the Intelligence Capabilities of the United States Regarding Weapons of Mass Destruction has no duty under the Federal Advisory Committee Act to make certain of its records publicly available, 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.
You can learn more about the Commission at this link, and you can access the unclassified version of the Commission's report, issued in 2005, via this link. It is interesting to note that Senior D.C. Circuit Judge Laurence H. Silberman served as co-chairman of the Commission.
"Appeals court upholds FCC on cable rules": The Associated Press provides this report on a ruling that the U.S. Court of Appeals for the Sixth Circuit issued today.
Posted at 01:55 PM by Howard Bashman
En banc Eighth Circuit vacates preliminary injunction that prevented the 2005 version of South Dakota's statute regulating informed consent to abortion from becoming effective: You can access today's en banc ruling of the U.S. Court of Appeals for the Eighth Circuit at this link. Of the eleven judges who took part in the ruling, seven voted to overturn the preliminary injunction, while four voted to uphold it.
And in early news coverage, The Associated Press reports that "Appeals court overturns injunction on abortion law." The AP's article begins, "A federal appeals court has overturned a lower court order that had blocked enforcement of a South Dakota law that would require doctors to tell women seeking abortions that the procedure ends a human life."
"Justices add 2 cases to docket, break for summer": Pete Yost of The Associated Press has this report.
Posted at 01:27 PM by Howard Bashman
"Court grants 2 more cases": Lyle Denniston has this post at "SCOTUSblog."
"O.C. judge plans to appeal ouster; Judge Kelly MacEachern committed 'willful misconduct' by filing false and misleading expense claims, a state commission finds": The Orange County Register contains this article today.
And The Los Angeles Times reports today that "Orange County judge is removed from bench; Kelly MacEachern is removed from her duties in Newport Beach after a judicial commission finds that she filed false expense claims for a legal conference; She plans to appeal."
You can access yesterday's decision of the California Commission on Judicial Performance at this link, while additional case related documents can be accessed via this link.
"Supreme Court deals blow to states on electricity; California had hoped to renegotiate some long-term contracts signed during the 2000-01 crisis": This article appears today in The Los Angeles Times.
"Landmark Ruling Enshrines Right to Own Guns": Linda Greenhouse has this article today in The New York Times. In addition, Adam Liptak has a news analysis headlined "After Ruling, Expect Court Fights on Guns in Cities." An article reports that "Gun-Control Supporters Show Outrage." And an editorial is entitled "Lock and Load."
Today in The Washington Post, Robert Barnes has a front page article headlined "Justices Reject D.C. Ban On Handgun Ownership; 5-4 Ruling Finds 1976 Law Incompatible With Second Amendment." The newspaper also contains articles headlined "Historic Decision Renews Old Debate"; "D.C. Views Shaped by A History Of Violence"; and "D.C. Government Faces a New Reality." An editorial is entitled "Handguns Supreme: Despite the high court's misguided ruling, the District may still have some options." Columnist Eugene Robinson has an op-ed entitled "Deadly Consequences -- But the Right Call." Columnist E.J. Dionne Jr. has an op-ed entitled "The D.C. Handgun Ruling; Originalism Goes Out the Window." And Monica Hesse has an essay entitled "The Supremes Make a Mean 'To Duel' List."
In The Los Angeles Times, David G. Savage reports that "Supreme Court affirms gun rights; In a historic 5-4 ruling, the justices say the 2nd Amendment protects individuals' right to bear arms." Maura Dolan has an article headlined "Gun advocates' other weapon: lawsuits; On the heels of the Supreme Court ruling, the NRA and other groups prepare to challenge gun laws in California and other states." And an article reports that "Cheers, fears meet Supreme Court gun ruling; The taxidermist, the architect, the mother who lost two children to violence -- they all see the Supreme Court decision differently." An editorial is entitled "Guns, yes and no: Individuals have a right to own firearms, the Supreme Court rules; But there can still be limits." Law Professor Erwin Chemerinsky has an op-ed entitled "Judicial activism by conservatives; The high court's 2nd Amendment opinion makes the majority's agenda clear." And Brian Doherty has an op-ed entitled "The gun-rights fight isn't over; Self-defense is upheld, but control advocates aren't done by a long shot."
In USA Today, Joan Biskupic and Kevin Johnson have a front page article headlined "Landmark ruling ignites challenges to firearms laws; The Supreme Court says individuals have a right to guns, but many questions remain." The newspaper also contains an editorial entitled "Ruling reflects America's ambivalence on guns; Court strikes a balance between ownership, reasonable restrictions."
In The Wall Street Journal, Jess Bravin and Susan Davis have a front page article headlined "In a First, High Court Affirms Gun Rights." The newspaper also contains an editorial entitled "Silver Bullet." And Law Professor Randy E. Barnett has an op-ed entitled "News Flash: The Constitution Means What It Says."
law.com's Tony Mauro reports that "Supreme Court Strikes Down D.C. Gun Ban."
The Washington Times contains articles headlined "D.C. gun ban struck down; Ruling lays out rights of individual"; "Justice Kennedy casts decisive vote"; "Officials upset by court decision; Vow to create strict new rules"; "Gun ruling galvanizes groups; NRA to target other city laws; foes vow to boost resistance"; "Neighbors doubtful violence will change"; "Candidates differ on overturned gun ban; McCain backs 'victory'; Obama stakes out middle ground"; and "Gun control in most countries more stringent than in U.S." The newspaper also contains an editorial entitled "The gun ban ends." And Wesley Pruden has an op-ed entitled "The Court defers to plain language."
In The Chicago Tribune, James Oliphant and Jeff Coen report that "Daley vows to fight for Chicago's gun ban; High court throws out D.C. law."
In The San Francisco Chronicle, Bob Egelko has an article headlined "A right to own guns: Supreme Court defines 2nd Amendment -- gun lobby expected to challenge S.F. ban on handgun possession in public housing."
And in The New York Sun, Joseph Goldstein reports that "After Supreme Court Ruling, N.Y. Gun Laws Eyed." The newspaper also contains an article headlined "Bloomberg Sees Benefit in Guns Decision." And an editorial is entitled "1, 2, 14."
"Supreme Court Strikes Down 'Millionaire's Amendment'": Adam Liptak has this article today in The New York Times.
Today in The Washington Post, Matthew Mosk and Robert Barnes have an article headlined "High Court Deals Blow To Campaign Finance Law; 'Millionaire's Amendment' Is Ruled Unconstitutional."
The Los Angeles Times reports that "Supreme Court rejects 'millionaire's amendment' to campaign finance reform; It rules that allowing federal office-seekers to exceed normal contribution limits when their opponents are wealthy violates the 1st Amendment."
In The New York Sun, Josh Gerstein reports that "Court Shakes Up Campaign-Finance Law; Decision Likely To Undermine Political Viability of Public Financing." In addition, John Samples and Ilya Shapiro have an op-ed entitled "Let Millionaires Spend."
And USA Today reports that "High court strikes down law on self-financing of campaigns."
Joan Biskupic of USA Today is reporting: In today's newspaper, she has articles headlined "Just-completed term marked by paradox; Although some decisions were unanimous, justices divided 5-4 on a number of the most prominent cases" and "Pen in hand, Scalia leaves his mark."
Posted at 08:54 AM by Howard Bashman
Available online from law.com: An article headlined "Court Rejects Suit by Woman Who Said She Had Sex With Rabbi to Find Husband" begins, "New York's highest court on Wednesday upheld the dismissal of claims brought by a woman who had sued her Rockland County, N.Y., rabbi for abusing his position by allegedly persuading her to have sex with him to help her find a husband." You can access Wednesday's ruling of the New York State Court of Appeals at this link.
Shannon P. Duffy has an article headlined "3rd Circuit: Class Action No Cure for Uninsured Patient's Bill." You can access Tuesday's ruling of the U.S. Court of Appeals for the Third Circuit at this link.
And an article is headlined "Want to Sue Coke Zero? Think Again; Diet drink, which urged mock suits in ad campaign, brings action against bottled water firm that threatened trademark litigation."
Available online from the PBS program "The NewsHour with Jim Lehrer": Yesterday's broadcast contained segments entitled "In Landmark Ruling, Divided High Court Strikes Down Gun Ban" (featuring Marcia Coyle) and "Attorneys Debate Effects of Gun Ban Override" (featuring R. Ted Cruz and Peter Nickles) (transcripts with links to audio).
Access audio from the public radio program "Here and Now": Yesterday's broadcast contained an audio segment entitled "Supreme Court Rejects Gun Ban" featuring, among others, Lyle Denniston, Law Professor Jonathan Turley, and Robert Levy.
And Wednesday's broadcast contained an audio segment entitled "Supreme Court Decisions: Exxon-Valdez and Child Rape" featuring Lyle Denniston.
Available online from National Public Radio: Today's broadcast of "Morning Edition" contained audio segments entitled "Gun Ruling Reverberates with Politicians, Police" (featuring Nina Totenberg); "Handgun Owners Praise High Court's Ruling"; and "Presidential Candidates Weigh In on Gun Rights."
Yesterday evening's broadcast of "All Things Considered" contained audio segments entitled "Supreme Court Strikes Down D.C. Handgun Ban" (featuring Nina Totenberg); "D.C. Mayor: Court Ruling May Mean More Violence": and "L.A. Police Chief: Gun Limits Help Keep Crime Down."
And yesterday's broadcast of "Morning Edition" contained audio segments entitled "Justices to Rule on Individuals' Right to Own a Gun" (featuring Nina Totenberg); "Supreme Court: Gun Ownership an Individual Right" (also featuring Nina Totenberg); "Justices: Gun Right Guaranteed to Individuals"; and "Exxon Ruling Disappoints Villagers in Alaska."
Available online from Bloomberg News: Greg Stohr has an article headlined "Kennedy Rules; Supreme Court Strikes Down Handgun Ban."