Wednesday, July 26, 2006
"In U.S. Prisons, Thousands Spend Years in Isolation": National Public Radio today issued this written report. And this evening's broadcast of "All Things Considered" contained two related audio segments entitled "At Pelican Bay Prison, a Life in Solitary" and "Solitary Confinement at Pelican Bay, Part II" (RealPlayer required).
Posted at 11:50 PM by Howard Bashman
"Ohio Supreme Court Rejects Taking of Homes for Project": Thursday's edition of The New York Times will contain this article.
Posted at 11:45 PM by Howard Bashman
"Washington Court Upholds Ban on Gay Marriage": This article will appear Thursday in The New York Times.
Philadelphia Phillies 6, Arizona Diamondbacks 4: My son and I tonight were a part of the largest crowd ever in the history of Citizens Bank Park, exactly 45,459 fans. They were in attendance not only to see a Phillies victory, but also to obtain this evening's promotional give-away, an American Red Cross Ryan Howard Bobble Figurine.
"Accordingly, for the foregoing reasons, we conclude that a routine dismissal of a prisoner's complaint for failure to exhaust administrative remedies does not qualify as a strike for purposes of the PLRA." So concludes an opinion that a unanimous three-judge panel of the U.S. Court of Appeals for the Fourth Circuit issued today in a case involving the Prison Litigation Reform Act.
Posted at 04:50 PM by Howard Bashman
"White House Bill Proposes System to Try Detainees": This article appears today in The New York Times.
Posted at 04:40 PM by Howard Bashman
"Judge Rejects Customer Suit Over Records From AT&T": Today in The New York Times, Adam Liptak has an article that begins, "A federal judge in Chicago dismissed a class-action lawsuit yesterday against AT&T that claimed it had illegally given information about its customers to the National Security Agency. The judge, Matthew F. Kennelly, based his ruling on the state secrets privilege, which can bar suits that would disclose information harmful to national security."
The Chicago Tribune reports today that "Phone records lawsuit dismissed."
And The Chicago Sun-Times reports that "Studs Terkel's suit over phone records thrown out."
I have posted online at this link a copy of yesterday's ruling of the U.S. District Court for the Northern District of Illinois.
"Washington Court Upholds Ban on Gay Marriage": Adam Liptak of The New York Times provides this news update.
Posted at 04:05 PM by Howard Bashman
"The Roberts Court: What Can This Term Tell Us About the Future of the Court?" That's the title of this week's broadcast of the public radio program "Justice Talking." You can access the audio online in both Windows Media and mp3 formats.
Guests on the broadcast, recorded earlier this month at the National Constitution Center in Philadelphia, were Joan Biskupic and Law Professors Richard A. Epstein and Kathleen M. Sullivan.
"Presidential Signing Statements": This audio segment (available in both RealPlayer and Windows Media Player formats) featuring former blogger Michelle Boardman and others appeared on today's broadcast of the public radio program "On Point."
Posted at 03:44 PM by Howard Bashman
"Ohio Supreme Court rules city can’t take property for economic development": The Columbus Dispatch provides this news update.
And The Toledo Blade provides a news update headlined "Ohio Supreme Court strikes down eminent domain in economic development."
On today's broadcast of NPR's "Morning Edition": This morning's broadcast contained audio segments entitled "Senate Limits Interstate Abortions for Minors" and "Flexibility Built into Mass. Abortion Law" (RealPlayer required).
Posted at 02:33 PM by Howard Bashman
On pending federal appellate court judicial nominations: The Wall Street Journal today contains an editorial entitled "An ABA Hit Job: Political payback against a judicial nominee" (free access).
Yesterday, a post titled "The Majority Leader on Judges" appeared at Hugh Hewitt's blog.
And the Center for Investigative Reporting notes here that yesterday "In a 'Dear Colleague' letter, Majority Leader Frist and Judiciary Committee Chairman Specter send Boyle's explanation of his conflicts of interest to fellow senators."
"Payback is ... an obstacle to mootness": Back on April 13, 2006, I published a post bearing that title that stated, in full:
Today the majority on a divided three-judge panel of the U.S. Court of Appeals for the Seventh Circuit reverses the dismissal on mootness grounds of a taxpayers' establishment clause challenge to a grant of money by the Secretary of Education to the University of Notre Dame to be used for a program called Alliance for Catholic Education. Circuit Judge Richard A. Posner wrote the majority opinion, in which Circuit Judge Terence T. Evans joined. Circuit Judge Diane S. Sykes dissented, writing that she would affirm the district court's dismissal for mootness.Today the Seventh Circuit issued an order denying rehearing en banc in the case, accompanied by a short opinion from the majority on the original three-judge panel clarifying two points in response to the petitions for rehearing.
Posted at 02:04 PM by Howard Bashman
Chicago arrested and imprisoned the wrong man: Later, after the error was corrected, the man brought a federal civil rights suit against the city's sheriff, and a jury awarded $750,000 in damages. Today, in an opinion that Circuit Judge Frank H. Easterbrook issued on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit, the jury's award in favor of the man is reversed.
Judge Easterbrook writes: "The Sheriff’s policy is simple: Ignore all claims of misidentification (and any other version of the assertion that a suspect is innocent). It is the same policy that Tommy Lee Jones (portraying a U.S. Marshal) announced in The Fugitive when Harrison Ford's character proclaimed his innocence: 'I don’t care.' A judge had committed Ford's character to prison, and that was that. We hold that it is an entirely lawful policy unless the custodian knows that the judge refuses to make an independent decision or there is doubt about which person the judge ordered held."
"The district court correctly held that at this early stage of the oil and gas program in the NWPA of Alaska, the FEIS prepared by BLM did not violate NEPA or the ESA." So concludes an opinion that a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued today, rejecting an environmental challenge to leases of vast reaches of the northernmost part of the State of Alaska, known as the Northwest Planning Area, that would enable oil companies to undertake exploration to determine what sites, if any, can be developed for productive drilling.
Posted at 01:42 PM by Howard Bashman
"State Supreme Court upholds Defense of Marriage Act": The Olympian of Olympia, Washington provides this news update.
Posted at 01:32 PM by Howard Bashman
"State Supreme Court upholds gay marriage ban": The Seattle Times provides this news update.
Posted at 12:30 PM by Howard Bashman
BREAKING NEWS -- The Washington State Supreme Court upholds as lawful that state's Defense of Marriage Act prohibiting same-sex marriage: The lead opinion states: "The two cases before us require us to decide whether the legislature has the power to limit marriage in Washington State to opposite-sex couples. The state constitution and controlling case law compel us to answer 'yes,' and we therefore reverse the trial courts."
The six separate opinions issued in the case can be accessed via this link. Washington State's Supreme Court consists of nine justices. Three justices joined in the lead opinion. The Chief Justice, who joined in that lead opinion, also issued a concurring opinion. Two other justices joined in an opinion concurring in the judgment only, thereby giving rise to a total of five votes to uphold the challenged law.
In early news coverage, The Seattle Post-Intelligencer reports that "State's high court upholds ban on gay marriage." And The Associated Press reports that "Wash. Court Upholds Gay Marriage Ban."
"Home-taking overruled": The Cincinnati Enquirer provides a news update that begins, "The city of Norwood cannot use 'deteriorating' as a standard for blight to justify the taking of homes by eminent domain, the Ohio Supreme Court ruled this morning."
And The Associated Press reports that "High court says city can't take property for economic development."
You can access today's ruling of the Supreme Court of Ohio at this link. Justice Maureen O'Connor wrote the opinion on behalf of a unanimous court. Ohio's highest court also issued a news release headlined "Portion of Eminent Domain Law Unconstitutional, Norwood Taking for Development Overturned."
"Washington DOMA Ruling Today": At his "Law Dork" blog, Chris Geidner previews the ruling, which is expected to become available online via this link in about thirty minutes from now.
Posted at 10:30 AM by Howard Bashman
"'N.Y. Times' Reporter Speaks At Chautauqua": The Post-Journal of Jamestown, New York today contains an article that begins, "Linda Greenhouse is what some Supreme Court watchers have called the 10th justice. She avoided acknowledging the weighty title while speaking before Chautauquans at the Hall of Philosophy on Tuesday, but said 28 years covering the Supreme Court for The New York Times have given her an interesting vantage point."
Posted at 09:10 AM by Howard Bashman
"Missouri Execution Ban Stands; The state revises its procedure for lethal injections but can't find an anesthesiologist to take part and prevent unnecessary suffering": Henry Weinstein has this article today in The Los Angeles Times.
And The Kansas City Star reports today that "New protocol deemed inadequate; Appeals court to decide whether state’s new execution procedure is constitutional."
"Church and State": The New York Sun today contains an editorial that begins, "Some parents in Maine are trying to turn up the heat on Justice Kennedy in respect of education and the First Amendment. The parents have filed a petition asking the Supreme Court to overturn Maine's relatively recent exclusion of religious schools from its century-old school choice program."
Update: The Institute for Justice yesterday issued a press release entitled "Parents Ask U.S. Supreme Court To End Religious Discrimination & Vindicate Full School Choice." A copy of the petition for certiorari filed yesterday can be viewed at this link, while the Main Supreme Judicial Court's ruling is available here.
"Strip the courts": Terence Jeffrey has this essay today at Townhall.com.
Posted at 08:30 AM by Howard Bashman
"Newdow Appeals Dismissal of 'In God We Trust' Lawsuit to the Ninth Circuit": Pacific Justice Institute has issued this press release.
Posted at 08:28 AM by Howard Bashman
"Senate OKs Curb on Interstate Abortions for Minors; The Republican-backed bill criminalizes travel to evade parental consent; Rights advocates say it's fuel for rallying supporters": This article appears today in The Los Angeles Times.
The Chicago Tribune reports today that "Senate bill limits minors' abortions; Only parents could take girl to another state for procedure."
The San Francisco Chronicle reports that "Senate votes to bar abortion in other states for some minors; House has OKd a similar measure, and Bush backs both."
The Las Vegas Review-Journal reports that "Senate supports state parental consent laws for abortions."
The New York Sun is reporting: In today's newspaper, Josh Gerstein has an article headlined "Attorneys' Fees In Church Cases To Be Tested."
And in other news, "As Judge Leaves for Law Firm, His Legacy Is Remembered."
"Seminars make better judges": Ed Feulner has this op-ed today in The Chicago Sun-Times.
Posted at 08:05 AM by Howard Bashman
"Drug case tossed out on appeal; U.S. judge in Baltimore encouraged guilty pleas": The Baltimore Sun contains this article today. My earlier coverage appears here.
Posted at 08:03 AM by Howard Bashman
"Bill seeks to cut disparity in cocaine case sentences": This article appears today in The Washington Times.
And The Tuscaloosa News reports today that "Sessions seeks to adjust sentences for crack, powder cocaine offenses."
"Gays Engaged in a Battle for Hearts, Minds; After a string of setbacks on same-sex marriage, activists are trying to get the public to see that their family matters are much like anyone else's": The Los Angeles Times contains this article today.
Posted at 07:58 AM by Howard Bashman
"State Supreme Court to rule on gay marriage today": This article appears today in The Seattle Times.
And The Seattle Post-Intelligencer today contains an article headlined "Big day in long fight over same-sex marriage; Court ruling could open state's doors to gay weddings."
"Holmes' nomination confirmed; The Oklahoma jurist will become the first black judge to serve on the 10th U.S. Circuit Court of Appeals": The Tulsa World contains this article today.
Posted at 07:45 AM by Howard Bashman