“This is high-stakes litigation involving a challenge to procedures adopted by the Secretary of the Interior Department to circumvent the consequences of the Supreme Court’s Eleventh Amendment decision in Seminole Tribe of Florida v. Florida“: So begins a 76-page decision that a divided three-judge panel of the U.S. Court of Appeals for the Fifth Circuit issued today. Chief Judge Edith H. Jones issued the lead opinion, holding that the Secretary of the Interior lacked the authority to promulgate the regulations at issue. Circuit Judge Carolyn Dineen King concurred in the judgment in a separate opinion. And Circuit Judge James L. Dennis issued a lengthy and spirited dissenting opinion.
The U.S. Supreme Court‘s 5-4 ruling from 1996 in the Seminole Tribe case can be accessed via this link.
“Miami jury convicts Padilla in terror trial; Former enemy combatant Jose Padilla and two codefendants were convicted by a Miami federal jury of conspiring to support terrorism abroad”: This article appears today in The Miami Herald.
The New York Times reports today that “Padilla Is Guilty on All Charges in Terror Trial.” The newspaper also contains an editorial entitled “The Padilla Conviction.”
The Washington Post contains a front page article headlined “Jury Convicts Jose Padilla of Terror Charges; Two Co-Defendants Also Found Guilty.” An editorial is entitled “Jose Padilla’s Due Process: The five-year path to a verdict is an indictment of the administration.” And Law Professor Jenny S. Martinez has an op-ed entitled “The Real Verdict on Jose Padilla.”
The Los Angeles Times contains articles headlined “Padilla convicted of all charges; The verdict is a boost for the administration and may encourage prosecution of other enemy combatants” and “Simple phrase was key to case; A 1996 provision making a crime to ‘provide material support’ to terrorists was crucial to the prosecution.” An editorial is entitled “Justice, at last: The conviction of the U.S. citizen who spent more than three years imprisoned as an ‘enemy combatant’ shows terrorists can be tried in civilian courts.” And Law Professor Stephen I. Vladeck has an op-ed entitled “The lost Padilla verdict: What should’ve gone on trial were the administration’s tactics in detaining the one-time ‘dirty bomber’ suspect.”
And The South Florida Sun-Sentinel today contains articles headlined “Miami jury convicts Padilla, two others, of supporting terrorism” and “Unanimous verdict is a partial victory for Bush strategy in war on terrorism.”
“White House Wants More Time on Subpoenas”: The Associated Press provides a report that begins, “The White House on Friday asked a Senate panel for more time to produce subpoenaed information about the legal justification for President Bush’s secretive eavesdropping program.”
“Appeals court OKs lawsuit against Cingular”: Reuters provides this report.
My earlier coverage of today’s Ninth Circuit ruling appears at this link.
“Neas Leaving People for the American Way”: The Associated Press provides a report that begins, “Ralph Neas is stepping down as president of People for the American Way, a liberal organization that has fought President Bush’s conservative judicial nominations.”
And People for the American Way has issued a press release entitled “Neas Announces Decision to Step Down as ‘People For’ President.”
“FBI Director’s Notes Contradict Gonzales’s Version Of Ashcroft Visit”: This front page article appears today in The Washington Post.
And The New York Times reports today that “Notes Detail Pressure on Ashcroft Over Spying.”
“A Marylander to Honor: Remember Hugh Lennox Bond, Not Roger B. Taney.” Charles Lane has this op-ed today in The Washington Post.
“Judge Says Cleaners’ Bid Not Frivolous”: The Washington Post today contains an article that begins, “The judge who sent Roy Pearson packing gave him a final sendoff yesterday. In a written order, D.C. Superior Court Judge Judith Bartnoff offered her take on the efforts by the Northeast Washington dry cleaners to collect attorneys’ fees stemming from Pearson’s failed lawsuit over a pair of pants. They were hardly frivolous, as Pearson had claimed, she said.”
“Kerr and Lederman Battle it Out Over FISA and the Supreme Court At BloggingHeads TV”: Orin Kerr has this post at “The Volokh Conspiracy” noting a new episode of Bloggingheads.tv featuring him and Marty Lederman.
“Murphy Seeks En Banc Review of D.C. Circuit Panel’s Decision”: “TaxProf Blog” provides a post that begins, “The attorneys for Marrita Murphy today filed a Petition for Rehearing En Banc in the D.C. Circuit, requesting that the full court review the three-judge panel’s July 3, 2007 decision in Murphy v. IRS, No. 03cv02414, which upheld the taxation of Mrs. Murphy’s compensatory personal injury award (and rejected the panel’s original decision in Murphy v. IRS, 460 F.3d 79 (D.C. Cir. 8/22/06)).” You can view the rehearing petition at this link.
Divided three-judge Third Circuit panel holds that federal law preempts state consumer fraud claims relating to the advertising of the drug Nexium: You can access today’s ruling at this link.
As the majority opinion explains, “On February 11, 2005, the plaintiffs filed a putative class action against Zeneca, alleging that Zeneca’s marketing campaign for Nexium was deceptive because it misleadingly advertised Nexium as an improvement on Prilosec.”
“Pa. Supreme Court suspends judge accused of insurance scam”: The Associated Press provides a report that begins, “The state Supreme Court suspended Superior Court Judge Michael T. Joyce, who was indicted earlier this week on federal charges of cheating two insurance companies out of $440,000.”
Today’s order of the Supreme Court of Pennsylvania can be viewed at this link.
In related coverage, The Erie Times-News reports today that “Bar panel to reconsider election nod” and “Joyce faces arraignment.”
“FTC Appeals Whole Foods Ruling”: The Associated Press provides this report.
Pleading a sincerely held religious belief in the aftermath of Bell Atlantic Corp. v. Twombly: A divided three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit issued this interesting decision today. Circuit Judge Ed Carnes wrote the majority opinion, from which Circuit Judge Gerald Bard Tjoflat dissented.
“In this case, we consider whether a class arbitration waiver in New Cingular Wireless Service Inc.’s standard contract for cellular phone services is unconscionable under California law, and whether the Federal Arbitration Act preempts a holding that the waiver is unenforceable.” So begins an opinion that the U.S. Court of Appeals for the Ninth Circuit issued today. The opinion’s next two sentences state, “We hold that the waiver is unconscionable, and, thus, unenforceable, and that the invalidation of the contract provision is not preempted by the Federal Arbitration Act. Accordingly, we reverse the district court’s order compelling arbitration.”
Circuit Judge Stephen Reinhardt issued the opinion on behalf of a unanimous three-judge panel.
“Congress Mulls Salary Raise for Judiciary; Some Oppose Tinkering With Federal Bench’s Pay”: Lawrence Hurley has this article today in The Daily Journal of California.
“Padilla Conviction Feeds Debate”: Today in The Wall Street Journal, Jess Bravin has an article that begins, “Jose Padilla’s conviction in Miami on charges of helping Islamic extremists and plotting overseas attacks marked a victory for the Justice Department’s aggressive campaign to bust suspected terrorist cells. It also is likely to feed an already fevered debate about the use of wiretapping by the federal government.”
The newspaper also contains an editorial entitled “The Padilla Verdict.”
“Religious Rights on Trial as Circumcision Case Reaches Oregon’s High Court; AJCongress Counsel: ‘We Have To Win This Case, and Win it Big.'” Wednesday’s issue of The Forward contained an article that begins, “The highest-level case in American history involving the right to circumcision is slated to be heard this fall, when the Oregon Supreme Court rules on whether a father can have his 12-year-old son undergo the procedure.”
“The Nerve! Suing the Red Cross Over the Red Cross.” Bloomberg News columnist Ann Woolner has this essay today.
“State judge accused of insurance fraud to run for retention”: This article appears today in The Pittsburgh Post-Gazette.
And today in The Pittsburgh Tribune-Review, Jason Cato reports that “Charged Pa. judge to seek 2nd term,” while columnist Eric Heyl has an op-ed entitled “My verdict? This judge likely surfed into trouble.”
“City Takes Philippines to Court Over Property Taxes”: Today in The New York Sun, Joseph Goldstein has an article that begins, “After pursuing the governments of India and Mongolia up to the U.S. Supreme Court over a property tax dispute, lawyers for New York City will head to a lower court on Friday to press a similar case against the Philippines.”
“Lawyers in Wonderland: How good lawyers sprout whiskers and top hats after drinking too much national-security punch.” Dahlia Lithwick has this jurisprudence essay online at Slate.
