Wednesday, September 12, 2007
"Jury Can Hear Part of Flight 93 Tape": The AP provides this report.
Posted at 04:20 PM by Howard Bashman
"Senate Republicans Wary of Olson Choice": The Associated Press provides a report that begins, "Senate Republicans warned the White House Wednesday that it's not a good time for a fight with Democrats over a new attorney general and predicted there would be one of President Bush nominates former Solicitor General Ted Olson."
Posted at 03:12 PM by Howard Bashman
"Inside the 'Terror Presidency'": Today's broadcast of the public radio program "On Point" included this segment (available online in both RealPlayer and Windows Media Player formats) featuring Jack Goldsmith and Benjamin Wittes.
Posted at 03:05 PM by Howard Bashman
"Judge Rejects Carmakers' Emission Suit": The Associated Press provides a report that begins, "A federal judge on Wednesday ruled that states can regulate greenhouse gas emissions from vehicles, rejecting automakers' claims that the state rules are pre-empted by federal law and that technology can't be developed to meet them."
"Child Beheading Conviction Overturned": The Associated Press provides a report that begins, "A man condemned for killing and beheading his common-law wife's three children had his conviction overturned Wednesday by a divided Texas Court of Criminal Appeals. In a 5-4 ruling, the state's highest criminal appeals court said John Allen Rubio's conviction and death sentence four years ago were improper because statements from his common-law wife, Angela Camacho, erroneously were allowed into evidence."
Today's ruling of the Texas Court of Criminal Appeals -- that State's highest court in criminal cases -- consists of a majority opinion and a dissenting opinion. A fourth judge on the court appears to have dissented without opinion.
"Docs not required to say abortion is killing, top NJ court rules": Kate Coscarelli of The Newark Star-Ledger provides this news update.
And The Associated Press reports that "NJ Court Scraps Trial on Abortion Data."
Two wrongs may not make a right, but do two crimes not involving moral turpitude when committed separately become morally turpitudinous when committed together? A divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit today issued this ruling addressing a question of immigration law.
Posted at 02:04 PM by Howard Bashman
"New UC Irvine Law School Hires Chemerinsky as Dean, Then Fires Him for Political Reasons": This post appears today at "Brian Leiter's Law School Reports" (via WSJ.com's "Law Blog").
Posted at 01:50 PM by Howard Bashman
"Attorneys Ask Court to Declare Death Penalty 'Cruel and Unusual' Punishment for Child Rapist; Louisiana Man Is Only Inmate on Death Row for a Nonhomicide Offense": ABCNews.com provides this report.
Posted at 11:47 AM by Howard Bashman
"Justice Thomas to go on 60 Minutes": At "The BLT: The Blog of Legal Times," Tony Mauro has a post that begins, "Legal Times has confirmed that Supreme Court Justice Clarence Thomas has agreed to be interviewed by the CBS News show 60 Minutes later this month to kick off promotion of his new autobiography, set for publication October 1."
That's right, Justice Clarence Thomas's new book, "My Grandfather's Son: A Memoir," will go on sale on the first Monday in October, 2007. It should be a fascinating read. Some additional details about the book are available at this link.
"The Newer Textualism: Justice Alito's Statutory Interpretation." Elliott M. Davis has this note in the Summer 2007 issue of the Harvard Journal of Law & Public Policy.
Posted at 10:27 AM by Howard Bashman
"Momentary Indecision": At her "Legalities" blog, ABC News correspondent Jan Crawford Greenburg has this post providing additional insight into the White House's decision-making process in selecting a new Attorney General.
Posted at 10:22 AM by Howard Bashman
"Judge Throws Out New York Rule Requiring Restaurants to Post Calories": This article appears today in The New York Times.
Today in The New York Sun, Joseph Goldstein reports that "Court Rebuffs Mayor's Plan on Fast Food."
And The New York Daily News reports that "Judge strikes down rule forcing restaurants to post calories."
"Extension of Microsoft Antitrust Pact Requested": The Washington Post today contains an article that begins, "In an eleventh-hour request, a group of six states and the District yesterday asked a judge to extend the terms of Microsoft's antitrust settlement through 2012. Most of those provisions are scheduled to expire in November."
Posted at 08:48 AM by Howard Bashman
"The next attorney general should unite, not divide; Whomever takes over the Justice Department must end political abuses": U.S. Senator Patrick J. Leahy (D-VT), chairman of the Senate Judiciary Committee, has this op-ed today in The Los Angeles Times.
Posted at 08:45 AM by Howard Bashman
"Intelligence Chiefs Back A Guantanamo Reversal": The Washington Post today contains an article that begins, "The Bush administration's top intelligence officials have all filed declarations to a federal appeals court -- including two classified top-secret -- warning that its recent ruling ordering the release of information about detainees at Guantanamo Bay, Cuba, will cause grave harm to national security."
Posted at 08:33 AM by Howard Bashman
"CBS Appeals Punishment for Super Bowl Incident": The New York Times contains this article today.
Posted at 08:25 AM by Howard Bashman
"Slots parlors and pay raises: Cappy's legacy on high court; The chief justice's exit will mean another new face on a panel facing significant change." This article appears today in The Philadelphia Inquirer, along with an article headlined "Chief justice seat awaits Castille; Ralph J. Cappy's plan to retire sets the stage for the scrappy former D.A."
The Pittsburgh Post-Gazette today contains an article headlined "Pa. Chief Justice Cappy, 64, to retire early at end of year; 'I believe it is time to go.'"
"Federal Appeals Court Struggles With Al-Arian Case": Josh Gerstein has this article today in The New York Sun.
And The Florida Times-Union of Jacksonville today contains an article headlined "Virginia terrorism case has hearing in Jacksonville; Can the man be kept in jail for refusing to testify to a grand jury?"
"Why Bush Is Eyeing Theodore Olson": The New York Sun today contains an article that begins, "If the buzz around Washington is correct, and Theodore Olson is nominated to be the new attorney general, Democrats may rue that they do not have Alberto Gonzales to kick around anymore. The appointment of Mr. Olson would send a clear signal to Congress that President Bush is not about to go soft during his last 15 months in office. He may have lost a loyal Texan friend in Mr. Gonzales, but the return of Mr. Olson to government would show that the president is determined to maintain his ideological equilibrium."
And The Wall Street Journal reports today that "Attorney General Nominee May Face Fight in Congress."
"A Federal District Judge Holds the Amended Patriot Act Unconstitutional": Michael C. Dorf has this essay online today at FindLaw.
And The Washington Post today contains an editorial entitled "Patriot Act Balancing Act: A ruling on gag orders in terrorism investigations falls short."