"Justice Thomas Opens Up on 'Aggressive' Appellate Judges":
law.com provides this interesting report
"Big Tobacco and the Supreme Court: Double Jeopardy, Civil-Style?"
Ted Frank has this essay
today at American Enterprise Institute.
"N.J. boost for gay couples buoys GOP; Wednesday's ruling in favor of full legal rights for gay couples may galvanize certain voters": This article
will appear Friday in The Christian Science Monitor.
Artist Jeff Koons did not commit copyright infringement when he used in one of his collage paintings a copyrighted photograph, Second Circuit holds:
You can access today's ruling of the U.S. Court of Appeals for the Second Circuit
at this link
(large PDF file).
Earlier this year, artnet Magazine provided coverage of the federal district court's ruling that the Second Circuit affirmed today.
"Chief Justice Roberts addresses challenge of emerging technologies in Middlebury address": This article
appeared yesterday in The Burlington Free Press.
And additional coverage is available from Vermont Public Radio.
Middlebury College's press release, which I originally linked to here, now contains a link to online video of the Chief Justice's remarks and the question-and-answer session that followed. To access the video, click here (RealPlayer required).
We're number one!
On Monday of this week, the U.S. Court of Appeals for the Third Circuit
became the federal appellate court with the most current vacancies among its active judgeship ranks -- four. The Philadelphia-based court is authorized to have fourteen active judges but now has only ten. The latest vacancy occurred Monday when Circuit Judge Franklin S. Van Antwerpen
took senior status, two years and five months after having been confirmed to that seat.
Two of the four vacancies have nominees who are likely to be confirmed, while the other two vacancies have no nominees. Judge Van Antwerpen has his chambers in Easton, Pennsylvania, and he filled the vacancy created when the late, great Edward R. Becker took senior status. Judge Becker's chambers had been in Philadelphia, which is probably the region that the next nominee for this seat calls home.
"Second hearing on Neff's nomination refused":
The Grand Rapids Press today contains an article
that begins, "The chair of the Senate Judiciary Committee has refused to grant a second hearing on the nomination of Michigan Court of Appeals Justice Janet Neff to the federal bench. The move removes one route for resolving the objections to her nomination from a conservative senator following a same-sex commitment ceremony at which Neff spoke. Neff's nomination remains on hold. Meanwhile, a letter from Neff gives her version of the controversial September 2002 event that stalled her nomination. The letter marks the first time her version of the event has been aired."
Yesterday, the newspaper contained an article headlined "Senator hits back on judges." The article begins, "All or nothing. That's U.S. Sen. Debbie Stabenow's position on three federal judge nominations made in a compromise with President George W. Bush. One of three nominations, that of Michigan Court of Appeals Judge Janet Neff of East Grand Rapids, is on hold. U.S. Sen. Sam Brownback, R-Kansas, halted her nomination after he learned Neff spoke four years ago at the commitment ceremony of a lesbian couple."
The Associated Press reports that "Same-Sex Marriage Questions Stall Judge."
And Tuesday's issue of The Republican of Springfield, Massachusetts contained an editorial entitled "Love in the Berkshires not a federal offense."
The Associated Press is reporting:
Now available online are articles headlined "Padilla Jury to Come From Pool of 3,000
"; "Bush Defines Marriage As Man and Woman
"; "Ballot Measure Targets Judges' Immunity
"; and "Ballot Measures Seek Limited Government
"After N.J. Ruling, What to Call Same-Sex Unions?" This audio segment
(RealPlayer required) featuring Dahlia Lithwick appeared on today's broadcast of NPR
's "Day to Day
The Associated Press is reporting:
Now available online are articles headlined "Michigan seeks reinstatement of abortion law
" and "Mich. Weighs Ban on Affirmative Action
"Justices signal dismay at Texas; Decision to hear capital cases may suggest high court questions handling":
The Dallas Morning News today contains an article
that begins, "The U.S. Supreme Court has agreed to hear three Texas death penalty cases in its new term, a move that veteran court watchers called the latest signal of the court's increasing frustration with how condemned inmates' appeals are handled by Texas' highest criminal judges and the 5th U.S. Circuit Court of Appeals."
Supreme Court of Washington State -- consisting of nine substitute justices -- upholds sanction of admonishment imposed on Justice Richard B. Sanders arising from his visit to a special facility where sexually violent predators are confined:
You can access today's unanimous ruling at this link
"The Third Way in New Jersey":
Dale Carpenter has this post
at "The Volokh Conspiracy."
"They Have Only Just Begun To Fight: N.J. Same-Sex Marriage Ruling Doesn't Settle Anything."
CBS News legal analyst Andrew Cohen has this essay
National Review Online today has an editorial entitled "And Now New Jersey."
And at Salon.com, Glenn Greenwald has an essay entitled "State of the unions: Religious conservatives seize on New Jersey's ruling for same-sex couples -- but it won't save Republicans at the polls."
"N.J. Court Clears the Way for Same-Sex Marriage": This audio segment
(RealPlayer required) appeared on today's broadcast of NPR
's "Morning Edition
Sixth Circuit holds that Apprendi v. New Jersey does not make the the Fifth Amendment's grand jury right applicable to state criminal prosecutions:
You can access today's ruling, by a unanimous three-judge panel, at this link
"Bathroom visit at Qwest Field gets prosecutor arrested":
The Seattle Times today contains an article
that begins, "A Thurston County senior deputy prosecutor who was ejected from Qwest Field Sunday after employees said he was having sex in a women's bathroom told his boss he was just using the facilities."
And The Seattle Post-Intelligencer today contains an article headlined "Man allegedly having sex in women's restroom arrested" that begins, "A Thurston County deputy prosecutor found himself on the wrong side of the law Sunday after police said he was caught in a women's restroom at Qwest Field having sex."
For those scoring at home -- where the risk of arrest is greatly reduced -- the Seahawks lost to the Vikings 31-13.
"Judge, newspaper set for court fight; Jury selection starts in defamation suit":
The Chicago Tribune today contains an article
that begins, "In the eyes of state Supreme Court Chief Justice Robert R. Thomas, the Kane County Chronicle smeared him in a series of columns, and he wants vindication. As the newspaper sees things, it is waging a free-speech struggle against a top state official. Either way, a rare defamation suit by the state's ranking jurist who also is a former kicker for the Chicago Bears opened in a historic Geneva courtroom Wednesday with jury selection."
And The Daily Herald of Arlington Heights, Illinois on Sunday published a lengthy article headlined "War of words: The chief justice of Illinois' Supreme Court says he's been defamed; A reporter wants to keep his sources secret; Other high court justices want to keep their conversations secret; It's a libel trial that may shape how the media and the judiciary behave."
"State high court stands by gay marriage ban; Justices' decision is the final word in the case":
The Associated Press provides a report
from Washington State that begins, "The state Supreme Court will stand by its endorsement of Washington's gay marriage ban, justices said Wednesday. Gay and lesbian couples had asked the justices to reconsider their 5-4 ruling upholding the Defense of Marriage Act, a 1998 law limiting marriage to opposite-sex couples. The court's denial, signed by Chief Justice Gerry Alexander, is the final word in the case. Further appeal is not possible because no federal legal issues were raised."
"Paramedic still haunted by what he saw in trailer; He tells the jury in driver's trial of efforts to cool off, save an immigrant in major distress":
Harvey Rice has this article
today in The Houston Chronicle.
"Chronicle reporters' hearing in March":
Today in The San Francisco Chronicle, Bob Egelko has an article
that begins, "A federal appeals court said Wednesday it will hold a hearing in March on whether two Chronicle reporters can be jailed for refusing to identify their sources of grand jury testimony by Giants outfielder Barry Bonds and other athletes about steroid use."
"Court expands gay rights":
The Newark (N.J.) Star-Ledger contains this article
today, along with articles headlined "Next step depends on reaction of lawmakers
"; "With a wish unfulfilled, lives full of love go on
"; "Responses have one thing in common: Passion
"; "McGreevey, eyeing civil union, calls court ruling courageous
"; and "Legislature is given six months to handle a hot potato
." Also, columnist Bob Braun has an op-ed entitled "Timid justices lacked courage to say, 'I do.'
The Trenton Times reports today that "Reactions mixed to ruling; Gay community sees gains."
The New York Times, in addition to containing the articles I linked to here last night, contains articles headlined "Gay Marriage Backers Hope to Sway N.J. Lawmakers"; "Court Outlines Rights It Says Gay Couples Are Due"; "Party Lines Are No Guide to Opinions by Justices"; and "An 'I Do' From McGreevey? He Would." The newspaper also contains an editorial entitled "A Ruling for Equality in New Jersey."
The Philadelphia Inquirer today contains articles headlined "Gay Vows Up to Trenton"; "To some, a victory, to others, a battle"; and "N.J. court often at the forefront on social issues." And columnist Monica Yant Kinney has an essay entitled "Happy day also a sad one; Ruling on gay marriage came too late for them."
The New York Sun reports that "Gay Rites Ruling In Jersey Could Impact New York." And an editorial is entitled "A Hash in New Jersey."
The Chicago Tribune reports that "Justices rule for gays in N.J. case; Same-sex couples are due marriage benefits."
The Los Angeles Times reports that "N.J. justices clear the way for gay unions."
The San Francisco Chronicle contains an article headlined "Mixed decision for gay couples in New Jersey; State's top court says they deserve same rights as heterosexuals -- but splits on including marriage."
The Boston Globe reports that "N.J. court orders equal rights for same-sex couples; Label is up to lawmakers; gay marriage a possibility."
The Washington Times reports that "Jersey court orders OK of gay unions."
USA Today reports that "Ruling on gays may echo at polls; N.J. court backs rights for couples."
And The Washington Post contains an editorial entitled "New Jersey's Step Forward: A court's order on same-sex partnerships leaves plenty of room for democratic decisions."
"Sept. 11 Plotter Asks Court for Lawyer, Trial; Case Embodies Debate Over Habeas Rights": This article
appears today in The Washington Post.
And Reuters reports that "Pentagon eyes major spending for Guantanamo trials."
"Ohio Hints at Legal Tangle That Could Befall Va."
The Washington Post today contains an article
that begins, "Last year, an Ohio man accused of abusing his girlfriend tried a unique defense: He argued that the domestic violence law under which he was charged conflicted with a new constitutional amendment banning same-sex marriage and other relationships that sought to 'approximate' marriage. Michael Carswell's case wound its way through the legal system and is now before the Ohio Supreme Court. It has touched off similar challenges to domestic violence statutes in the state. Two appellate courts found that the constitutional amendment exempts unmarried couples from prosecution under domestic violence laws, but eight courts have ruled otherwise."
"The Supreme Court's Crusade: Fairness for the Powerful."
Today in The New York Times, Adam Cohen has an Editorial Observer essay
that begins, "When Jesse Williams died of lung cancer, his widow sued Philip Morris, claiming it misled him about the danger of smoking. A jury agreed, awarding her $79.5 million in punitive damages. The Oregon Supreme Court affirmed the award, calling Philip Morris's decades of deception 'extraordinarily reprehensible.' The United States Supreme Court is hearing arguments in the case next week, and the broader business community has joined Philip Morris in asking the court to sharply reduce the damages. They are relying on a controversial line of recent cases in which the court struck down punitive damages awards that it deemed 'excessive.'"
"Young Woman Fears Deportation, and Mutilation": This article
appears today in The New York Times.
USA Today is reporting:
The newspaper today contains articles headlined "Abortion ban looms large on S.D. ballot; Referendum muddies issue for some
" and "National Federation of the Blind files Target lawsuit; Man says website isn't accessible