Tuesday, November 7, 2006
Available online from law.com: Tony Mauro reports that "Abortion Rights Groups Choose Insiders to Argue High Court Cases."
And in other news, an article is headlined "Swing Voter's Lament: At Least One Case Still Bugs O'Connor."
"All Eyes on Kennedy in Court Debate On Abortion; Justice Expected to Be Swing Vote in Ruling on Late-Term Procedure": Charles Lane will have this article Wednesday in The Washington Post.
The Boston Globe today contains an article headlined "The challenger: Priscilla Smith will ask the US Supreme Court tomorrow to lift the ban on partial-birth abortions."
Patti Waldmeir of Financial Times provides a news update headlined "Supreme Court set to signal abortion stance."
"We are persuaded that the Federal Rules of Evidence are not governed by the Erie doctrine. Having said that, concepts of federalism still guide our understanding of the interplay between the Federal Rules and state law." Because the Federal Rules of Evidence were originally enacted by the U.S. Congress, they are outside the purview of the so-called Erie doctrine, a three-judge panel of the U.S. Court of Appeals for the Tenth Circuit has held in an interesting decision issued today.
Posted at 08:45 PM by Howard Bashman
Unincorporated associations lack the ability to bring suit under the federal civil rights act, 42 U.S.C. sec. 1983, the Tenth Circuit holds: Today's ruling of the U.S. Court of Appeals for the Tenth Circuit comes in a case that arises from the denial of parade permits for anti-abortion protesters in Wichita, Kansas that produced a nominal damages award of $1 in favor of the plaintiffs who did have the ability to assert a Section 1983 claim.
Posted at 08:33 PM by Howard Bashman
"Roberts court faces first abortion cases; New Supreme Court justices could tip the balance to uphold a ban on so-called partial-birth option": Warren Richey will have this article Wednesday in The Christian Science Monitor.
Posted at 05:54 PM by Howard Bashman
"Mid-Day Election Glitch Update and the Implications for the Future": Law Professor Rick Hasen has this post from the west coast, where it's still midday, at his "Election Law" blog.
Posted at 05:48 PM by Howard Bashman
"Decision time on Cuban's detention; The U.S. government has until Feb. 1 to prosecute Luis Posada Carriles, wanted abroad in a jet bombing case": The Los Angeles Times contains this article today.
Posted at 05:30 PM by Howard Bashman
"New Justices Tested on Abortion Ban Ruling": This audio segment (RealPlayer required) featuring Dahlia Lithwick appeared on today's broadcast of NPR's "Day to Day."
Posted at 05:15 PM by Howard Bashman
"High court to hear one for library books; Issue: Who can borrow where in state." The Detroit Free Press today contains an article that begins, "Librarians throughout the state are watching closely -- and worrying -- as the case of a book-loving attorney from Bloomfield Hills versus the Bloomfield Township Public Library makes its way through the state Supreme Court."
Posted at 05:12 PM by Howard Bashman
"Supreme Court debates 2 cases involving long prison terms": The Associated Press provides this report.
Posted at 05:10 PM by Howard Bashman
"On Strip Measure, the Sides Are Four Feet Apart": The Washington Post today contains an article reporting from Seattle, Washington that begins, "Voters here Tuesday have an opportunity rare in a democratic society: To decide in a referendum whether lonely guys can continue to stuff $20 bills in the G-strings of hot young women."
Posted at 05:07 PM by Howard Bashman
"All eyes are on Alito in abortion case; First clues on how he will treat Roe vs. Wade may come tomorrow": The Newark (N.J.) Star-Tribune contains this article today.
Posted at 04:12 PM by Howard Bashman
"Ten Commandments may return to Casper": This article appears today in The Casper Star Tribune.
Posted at 04:10 PM by Howard Bashman
"Judge dismisses Conyers lawsuit against Bush": The Detroit News yesterday published a news update that begins, "A federal judge today dismissed a lawsuit brought by U.S. Rep John Conyers, D-Detroit and 10 other Democratic members of Congress alleging the Deficit Reduction Act is unconstitutional. Conyers and the other lawmakers sued President Bush earlier this year, alleging the bill Bush signed into law differed from the version passed by the House and they had never voted on the version of the bill he enacted."
And The Associated Press reports that "Judge dismisses House Democrats' lawsuit over budget bill."
You can access yesterday's ruling of the U.S. District Court for the Eastern District of Michigan at this link.
"Idaho Death Row Inmate Wins Retrial": The Associated Press provides this report on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 03:20 PM by Howard Bashman
Access online today's U.S. Supreme Court oral argument transcript in James v. United States: The transcript is available online at this link.
The Court has not yet posted online the transcript of today's other oral argument -- in Burton v. Stewart -- but at "SCOTUSblog" Lyle Denniston has a post titled "Burton and the looming AEDPA issue" reporting on that oral argument.
"Ballot Measures Tackle Divisive Issues": The Associated Press provides a report that begins, "Banning abortion and gay marriage, boosting minimum wages and tobacco taxes, and legalizing marijuana were among the options Tuesday as voters in many states considered ballot measures addressing an array of the nation's most divisive social issues."
Posted at 02:14 PM by Howard Bashman
"Clinics seek to thwart inquiry; Kansas Supreme Court asked to stop Kline’s investigation": The Lawrence (Kan.) Journal-World today contains an article that begins, "Leaders at two health care clinics Monday asked the Kansas Supreme Court to stop Atty. Gen. Phill Kline’s investigation into abortion records, seal the patients’ information and launch a probe into an alleged leak from the records."
The Topeka Capital-Journal reports today that "Clinics seek court's help."
The Wichita Eagle reports that "Clinics seek inquiry into leak of abortion files."
And The Kansas City Star reports that "O'Reilly comments spark call for inquiry; A special prosecutor is requested to learn how a TV show got records."
"Justices won't hear arson-murder case; L.A. man who killed his therapist's husband was spared death sentence": David G. Savage has this article today in The Los Angeles Times.
Posted at 12:38 PM by Howard Bashman
"Appeals panel upholds decision to clear Lay; Shareholder plans to take case to Supreme Court": The Houston Chronicle today contains an article that begins, "An appeals court panel has slapped down an Enron shareholder's challenge of a judge's decision to erase former Enron Chairman Ken Lay's criminal convictions."
"'Libel tourism' and the war on terror": Today in The Boston Globe, Samuel A. Abady and Harvey Silverglate have an op-ed that begins, "An important question will be argued tomorrow before the federal Court of Appeals in Manhattan: should American journalists who write about controversial issues be subjected to legal intimidation from abroad? More precisely, will American courts halt the growing practice of 'libel tourism' whereby wealthy foreigners sue American writers and publishers in England, despite little chance of enforcing the judgment in this country?"
Posted at 11:04 AM by Howard Bashman
"Logo trial a go; Jury selection begins in suit over Bush 'W' design": This article appears today in The Wichita Falls Times Record News.
Posted at 11:02 AM by Howard Bashman
"It's not on the ballot, but for some, death penalty a hot topic": The Argus Leader of Sioux Falls, South Dakota today contains an article that begins, "South Dakota's political landscape, while dominated by an abortion debate and a governor's race to be decided today, has also been influenced by heated discussion about capital punishment."
Posted at 10:54 AM by Howard Bashman
"Abortion method returns to justices; Supporters of a law banning 'partial-birth' procedures are counting on Alito to provide the key vote in the case": David G. Savage has this article today in The Los Angeles Times.
"Michigan voters weigh race-based admissions": This article appears today in The Washington Times.
Posted at 10:25 AM by Howard Bashman
D.C. Circuit rejects federal criminal defendant's appeal seeking to reinstate conviction and consecutive 30-year term of imprisonment for the possession and use of firearms "during and in relation" to a drug offense: You can access today's ruling of the U.S. Court of Appeals for the D.C. Circuit at this link.
As for why a federal criminal defendant would appeal from a decision setting aside a federal criminal conviction that requires him to serve an additional 30 years in prison, the answer apparently has to do with a now-thwarted plan to obtain resentencing under United States v. Booker.
"A Shift in the Debate On International Court; Some U.S. Officials Seem to Ease Disfavor": This article appears today in The Washington Post.
Posted at 10:04 AM by Howard Bashman
"Judge Dismisses Spears' Suit Against Mag": The Associated Press provides a report that begins, "A judge has thrown out Britney Spears' lawsuit against celebrity magazine Us Weekly, ruling the pop star cannot be defamed by published rumors that she and her husband had made a sex tape and were worried about its release."
And The Los Angeles Times reports today that "Britney Spears' sex tape suit is dismissed; A judge rules Us Weekly did not defame the pop star when it reported she and her husband had made a video."
"Many Oppose Death Penalty for Hussein": This article appears today in The New York Times.
The Los Angeles Times today contains an editorial entitled "Iraq's rough justice: The trial of Saddam Hussein was not exactly a triumph for the rule of law, but it achieved a just result."
And in The Washington Post, columnist Anne Applebaum has an op-ed entitled "Justice in Iraq: How to Judge the Trial of Saddam Hussein."
"New York Plans to Make Gender Personal Choice": The New York Times today contains an article that begins, "Separating anatomy from what it means to be a man or a woman, New York City is moving forward with a plan to let people alter the sex on their birth certificate even if they have not had sex-change surgery."
Posted at 09:45 AM by Howard Bashman
"Appeals Court Weighs Prisoners' Right to Fight Detention": Today in The New York Times, Neil A. Lewis has an article that begins, "The Bush administration's successful effort to have Congress eliminate the right of Guantanamo prisoners to challenge their detentions before federal judges is now moving toward what may be an epic battle in the courts."
Posted at 09:40 AM by Howard Bashman
"Court: BLM Violated Rodent's Protection." The Associated Press provides this report on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued yesterday.
Posted at 07:05 AM by Howard Bashman
"A civil abortion debate? Where has one of this country's most divisive issues been debated largely without the expected histrionics? South Dakota. Today's ballot referendum has provided a refreshing model of public discourse." Laura Vanderkam has this op-ed today in USA Today.
Posted at 06:58 AM by Howard Bashman
"Jury duty is getting harder to shirk; No-shows being told: One way or another, we'll see you in court." USA Today contains this article today.
Posted at 06:55 AM by Howard Bashman
"Legal System Gives Boost To Chinese Asylum Seekers": This article appears today in The New York Sun.
Posted at 06:50 AM by Howard Bashman
"The Indictment Against Law Firm Milberg Weiss and Two of Its Partners: What's Really at Stake, and Why the Media Is Missing the Point." Anthony J. Sebok has this essay online at FindLaw.
Posted at 06:48 AM by Howard Bashman