How Appealing

Monday, January 31, 2005
In Tuesday's edition of The New York Times: Neil A. Lewis will have an article headlined "Judge Extends Legal Rights for Guantanamo Detainees."

An article will report that "In Connecticut, Execution Is Off Indefinitely."

And in other news, "Evolution Takes a Back Seat in U.S. Classes."
Posted at 22:54 by Howard Bashman



"Orwellian Guantanamo": CBS News legal analyst Andrew Cohen has this essay online this evening.
Posted at 22:50 by Howard Bashman



"Judge Rules Detainee Tribunals Illegal": This front page article will appear in Tuesday's edition of The Washington Post. Financial Times reports that "US court allows Guantanamo Bay challenge." And Bloomberg News reports that "Guantanamo Inmates Win U.S. Court Ruling on Detention."
Posted at 22:32 by Howard Bashman



"Supreme Court nullifies Oakland, Los Angeles 'subprime' lending laws": David Kravets of The Associated Press provides this report. And Reuters reports that "Calif. court rules out local subprime mortgage laws." You can access today's 4-3 ruling of the Supreme Court of California, in which the majority opinion is written by D.C. Circuit nominee Janice Rogers Brown, at this link.
Posted at 22:24 by Howard Bashman



What if U.S. Senator Rick Santorum (R-PA) was correct? On Saturday, The Lincoln Journal Star published an article headlined "Stripper's sentence upheld" that begins, "The videotapes do not lie, the Nebraska Supreme Court said Friday in upholding an exotic dancer's conviction and sentence for performing sex acts with a dog." In other coverage, The Associated Press reports that "Stripper's Sentence For Performing Sex Acts With Dog Upheld." You can access Friday's ruling of the Supreme Court of Nebraska at this link.

In largely unrelated news, today I had the distinct pleasure of speaking at length with Lara Jakes Jordan of The Associated Press. She formerly covered Pennsylvania's U.S. Senators for The AP (details on her interview of Senator Santorum referenced in this post's title can be found here), and now she covers the Homeland Security beat for The AP. Her statement in the Santorum interview -- "I'm sorry, I didn't think I was going to talk about 'man on dog' with a United States Senator; It's sort of freaking me out" -- qualifies as an all-time classic rejoinder.
Posted at 22:15 by Howard Bashman



"Better Justice: Bush's Missed Opportunity." Stuart Taylor Jr. has this essay in today's issue of National Journal.
Posted at 19:50 by Howard Bashman



"Democrats flash steel on Gonzales; Their opposition, to the point of alienating Hispanics, offers a preview of likely fight over judicial nominations": This article will appear Tuesday in The Christian Science Monitor. The full U.S. Senate is scheduled to debate tomorrow the nomination of Alberto R. Gonzales to serve as U.S. Attorney General.
Posted at 19:40 by Howard Bashman



"Judge: Detainees Can Challenge Confinement." The Los Angeles Times provides this news update. And this evening's broadcast of NPR's "All Things Considered" contained a segment entitled "U.S. Judge Rules Against Guantanamo Tribunals" (RealPlayer required).
Posted at 19:33 by Howard Bashman



"Statement of The Justice Department Regarding Today's Ruling in the Guantanamo Detainee Cases": The U.S. Department of Justice issued this press release today.
Posted at 18:34 by Howard Bashman



Students who are gun enthusiasts reportedly still greatly value the Second Amendment: The Associated Press is reporting that "First Amendment No Big Deal, Students Say." The "Future of the First Amendment" report can be accessed via this link.
Posted at 17:55 by Howard Bashman



"I Like Mike: Michael Chertoff isn't the Neanderthal he's been made out to be." Slate has just posted online this jurisprudence essay by Phillip Carter.
Posted at 17:25 by Howard Bashman



The Associated Press is reporting: Now available online are articles headlined "Conn. Delays Execution of Serial Killer" and "Judge Denies Quote About Rape Victim."
Posted at 16:55 by Howard Bashman



He's lost his capacity to enter into contracts: Law Professor E. Allan Farnsworth passed away this morning. PG offers these details at the "De Novo" blog.
Posted at 16:23 by Howard Bashman



"National Media Appeal Ownership Rules": The Associated Press reports here that "Tribune Co. and the parent companies of CBS, Fox and NBC have asked the Supreme Court to restore the government's sweeping new media ownership rules, which have been thrown out by a lower court."
Posted at 15:44 by Howard Bashman



"Guantanamo Bay Military Reviews Ruled Illegal; Trials Violate Principles of Due Process, Federal Judge Rules": The Washington Post provides this news update. And online at "SCOTUSblog," Lyle Denniston has a post titled "District Courts conflict on detainees' rights."
Posted at 14:12 by Howard Bashman



Access online Zacarias Moussaoui's petition for writ of certiorari filed in the Supreme Court of the United States: My request for a copy of the redacted cert. petition has achieved results, but the legibility of the document I am posting is unfortunately quite poor. You can access the redacted cert. petition, which is no longer "Top Secret Classified," at this link.
Posted at 14:10 by Howard Bashman



"U.S. Judge: Guantanamo Tribunals Unconstitutional." Reuters provides this report. And The Associated Press reports that "Judge Backs Guantanamo Detainee Challenges."
Posted at 11:40 by Howard Bashman



"Filibusted?" That's the subject of this week's "Debate Club" feature online at legalaffairs.org. The participants in this week's discussion are Erwin Chemerinsky and Steven Smith.
Posted at 10:00 by Howard Bashman



Students seeking to get more stupider should apply elsewhere: The Boston Globe reports that "Governor Dummer Academy seeks a smarter moniker." The school's web site can be accessed here.
Posted at 09:50 by Howard Bashman



Senior U.S. District Judge Joyce Hens Green rules that Guantanamo detainees, in their habeas corpus petitions, have stated valid Fifth Amendment due process claims and that some may have claims under the Third Geneva Convention: The U.S. District Court for the District of Columbia today issued this opinion and this order in In re Guantanamo Detainee Cases.
Posted at 09:30 by Howard Bashman



In today's edition of USA Today: Law Professor Jonathan Turley has an op-ed entitled "Legal myths: Hardly the whole truth; The stories are humdingers: People are injured, often while doing foolish things, yet they win huge payouts in court; The tales would be harmless, except that they're the backdrop for a very real push for tort reform."

An editorial is entitled "Don't blame the burgers: 'Fat' lawsuits won't fix obesity epidemic; Personal responsibility will." And Law Professor John F. Banzhaf III has an op-ed entitled "Lawsuits can fight fat: Legal action is more effective than public education programs."
Posted at 07:05 by Howard Bashman



The Montgomery (Ala.) Advertiser is reporting: Today's newspaper contains articles headlined "Lawmakers debate constitution changes" and "Fight provokes negative image."
Posted at 07:02 by Howard Bashman



"A Phony Cure: Shifting class actions to federal courts is no reform." Lorraine Woellert has this commentary in the February 7, 2005 issue of BusinessWeek.
Posted at 07:00 by Howard Bashman



"No Change for CU in Military Recruiting; Circuit Court Voids Pro-Recruiting Law; Overturn Expected": The Columbia Daily Spectator contains this article today. And online at The Roanoke Times, columnist Dr. Reginald Shareef has an essay entitled "Not Solomon's wisdom."
Posted at 06:58 by Howard Bashman



"Travis cave bug case could test U.S. law; Supreme Court pondering whether to hear challenge": This article appears today in The Austin American-Statesman.
Posted at 06:54 by Howard Bashman



"A Federal Judge Dismisses an Obscenity Prosecution on Privacy Grounds: A Decision That, If Followed, Could Transform the Law." FindLaw columnist Julie Hilden has this essay online today. The decision in question can be viewed at this link.
Posted at 06:44 by Howard Bashman



In news pertaining to Connecticut's death penalty volunteer: The New York Times reports today that "Serial Killer Seeks Examination Instead of Execution Today."

The Hartford Courant today contains articles headlined "Ross To Delay Execution" and "Death Penalty Foes To Rally Forces."

And The Day of New London, Connecticut reports today that "For Victims' Families, Delay Compounds The Nightmare; Some Condemn Judge's Harsh Words."
Posted at 06:35 by Howard Bashman



"Pro-Bush forces gear up for Supreme struggle": This article appears today in The Washington Times.
Posted at 06:30 by Howard Bashman



"Resist the Filibuster Fiat": Today in The Washington Post, Kevin Drum has an op-ed that begins, "During President Bush's first term, 10 of his judicial nominees were filibustered by Senate Democrats."
Posted at 06:15 by Howard Bashman



Sunday, January 30, 2005
"Amid Praise, Doubts About Nominee's Post-9/11 Role": Monday's edition of The Washington Post will contain a lengthy front page article that begins, "On Nov. 28, 2001, then-Assistant Attorney General Michael Chertoff took a seat before a Senate committee and offered reassurance on two fronts: The Justice Department was unrelenting in pursuit of terrorists. And none of its tactics had trampled the Constitution or federal law."
Posted at 23:35 by Howard Bashman



"We have compensation case, says Habib lawyer": Monday's edition of The Sydney Morning Herald contains an article that begins, "There were grounds for the former Guantanamo Bay prisoner Mamdouh Habib to seek compensation from the US Government for his detention, Mr Habib's US lawyer, Joe Margulies, said yesterday."
Posted at 22:10 by Howard Bashman



"Conn. Execution Scheduled to Go Forward": The Associated Press reports here that "A defense attorney for a serial killer who wants to die said Sunday that he will remain on the case, a decision that officials said keeps the inmate on track to become the first person executed in New England in 45 years."
Posted at 21:05 by Howard Bashman



"ACLU Calls on Gonzales to Appoint Special Counsel on Torture Abuses; Full Criminal Investigation of Civilian Officials Must Be Free of Political Pressure": The ACLU has issued this press release today. A related letter that the ACLU has sent to U.S. Senators can be accessed here.

And on Wednesday, Newsweek posted online an article headlined "Unanswered Questions: The White House wanted a smooth confirmation process for Alberto Gonzales; Here's why Democrats wouldn't cooperate."
Posted at 12:22 by Howard Bashman



In news relating to Connecticut's death penalty volunteer: The Hartford Courant today contains articles headlined "Execution Is In Legal Limbo; Lawyers Say Withdrawal Of Ross' Attorney Would Delay Events Indefinitely" and "Bitter Town Exasperated By New Delay; Many Expected Conclusion Saturday And Now Wearily Await Monday."

And The Day of New London, Connecticut today contains articles headlined "Ross' Lawyer Finds Himself In A Dilemma; Paulding's 'Conflict' Leaves Killer's Future Hanging In The Balance" and "Strange Timing For Death-penalty Debate; Legislature Considers Issue On Day Planned For Execution Of Ross."
Posted at 12:20 by Howard Bashman



"No apology issued to Cupertino school; Parents, legal group tussle over lawsuit": The San Jose Mercury News today contains an article that begins, "Parents at Stevens Creek Elementary want a Christian-ministry-backed legal group to apologize for the weeks of tumult that struck the Cupertino campus after a teacher sued school officials for blocking his use of classroom handouts with religious references."
Posted at 12:15 by Howard Bashman



"A Supreme Court divided by fighting conservatives": Today in The San Francisco Chronicle, Law Professor Thane Rosenbaum has this review of Law Professor Mark V. Tushnet's new book, "A Court Divided: The Rehnquist Court and the Future of Constitutional Law."
Posted at 09:44 by Howard Bashman



"Jackson Trial Judge Rejects Sidebars and Sideshows; Rodney S. Melville is making it clear he's no Lance Ito, who presided at the O.J. Simpson trial": This article appears today in The Los Angeles Times.
Posted at 09:42 by Howard Bashman



"Bill Aims to Curb Out-Of-State Abortions": The Associated Press reports here that "The abortion bill most likely to become federal law this year would affect a relatively small number of pregnant teens, yet its impact on them could be dramatic - sharply reducing the options for girls in many states who dread telling their parents of their plight."
Posted at 09:40 by Howard Bashman



"To Some, 'Chief Justice Scalia' Has a Certain Ring": Charles Lane has this news analysis in today's edition of The Washington Post.
Posted at 09:35 by Howard Bashman



Saturday, January 29, 2005
"Missing the boat on the CJ derby": This post appeared online today at the blog "Blue Mass. Group."
Posted at 23:58 by Howard Bashman



"Jackson '05: The Courtroom Thriller; Jury Selection Set to Begin Pop Star's Trial." This front page article will appear Sunday in The Washington Post.
Posted at 23:45 by Howard Bashman



"Administration sticks up for commandments": Michael Kirkland, UPI Legal Affairs Correspondent, provides this report.
Posted at 23:44 by Howard Bashman



"Suburban school becomes flashpoint for religion in the classroom": The Associated Press provides this report.
Posted at 23:24 by Howard Bashman



"La. license plate issue awaits appeals court; High court refuses to hear similar S.C. case": Thursday's edition of The Advocate of Baton Rouge, Louisiana contained an article that begins, "All eyes are on a federal appeals court in New Orleans now that the U.S. Supreme Court has declined to consider whether states can offer license plates bearing pro-life messages without also offering pro-choice plates."
Posted at 23:20 by Howard Bashman



"Hispanic groups divided over Gonzales' nomination": Frank Davies of Knight Ridder Newspapers provides this report.
Posted at 20:00 by Howard Bashman



In news from the State of Texas: Today in The Houston Chronicle, Harvey Rice reports that "Judge lets guilty plea stand; Woman faces possible life term in the deaths of 19 immigrants trapped in trailer."

And The Fort Worth Star-Telegram today contains an article headlined "Death Row art sales are ruled legal" that begins, "The Fort Worth killer executed last year for the 1985 killing of a store clerk was not violating the state law against profiting from his crimes when he sold artwork from Death Row over the Internet, the Texas attorney general has ruled." You can access the opinion of Texas Attorney General Greg Abbott at this link.
Posted at 19:55 by Howard Bashman



"Who Let the Dogs In? The Supreme Court did, by declaring a sniff is not a search." Jacob Sullum has this essay online at Reason.
Posted at 19:35 by Howard Bashman



Bob Egelko is reporting: In yesterday's edition of The San Francisco Chronicle, he had articles headlined "Governor battles libel lawsuit; British woman says Schwarzenegger groped her, lied" and "Seeking death penalty in train wreck would be unusual, lawyers say."
Posted at 19:30 by Howard Bashman



"Conference Call With Judge Preceded Delay in Execution": This article will appear in Sunday's edition of The New York Times. A transcript of the conference call can be accessed at this link.
Posted at 16:45 by Howard Bashman



"Senate fight is brewing": The Cincinnati Post today contains an editorial that begins, "Another year, another Congress, another fight over judicial nominees."
Posted at 13:10 by Howard Bashman



"Abortion anxiety mounts in U.S.; Bush, Hillary Clinton urge 'common ground' on women's choice; Supreme Court shift could put Roe v. Wade decision in jeopardy": This article appears today in The Toronto Star.

And The Topeka Capital-Journal reports today that "Senator reintroduces fetal pain bill; Sen. Pat Roberts is among GOP co-sponsors." The text of the proposed legislation can be viewed at this link.
Posted at 13:04 by Howard Bashman



"Judge Criticized Killer's Lawyer Before Reprieve": The New York Times provides this news update. A transcript of the quite remarkable teleconference can be accessed at this link.
Posted at 13:00 by Howard Bashman



"Lessons on reshaping the Supreme Court": Joan A. Lukey has this op-ed today in The Boston Globe.
Posted at 08:32 by Howard Bashman



In news relating to Connecticut's death penalty volunteer: The Hartford Courant today offers articles headlined "Lawyer Calls Off Execution"; "A Night Of Prayer And Protest, And Then A Postponement; News Of Execution's Delay Met With Relief And Some Confusion"; "Supreme Court Allows Execution To Proceed; State Successfully Appeals Judge's Restraining Order, Panel's Temporary Reprieve"; "Death Watch"; "Calm Before The Execution; At Prison And In Church, An Unusual Evening Unfolds"; "Tales From A Week Of Unrelenting Pressure; People Whose Lives Were Touched By Michael Ross Remember, Reflect, Struggle, Try To Break Free"; and "Ross Murder Drama Lingers In Griswold; Effects Of Serial Killings Still Felt, Two Decades Later."

The Day of New London, Connecticut reports that "Snag Delays Ross Execution; Potential conflict cited; serial killer to die Monday"; "Ross First Faced The Electric Chair; Killer's path has taken many twists since arrest in 1984"; and "State's First Execution In 45 Years Set To Go Forward; Only Michael Ross himself can lodge appeal."

The New York Times reports today that "Killer's Execution Is Delayed Despite Supreme Court Ruling" and "Sleeplessness for Judges Wrestling With Death."

And The Boston Globe reports that "Conn. delays execution of killer; Conflict of interest with lawyer eyed" and "High court clears way for Conn. execution."
Posted at 08:15 by Howard Bashman



Friday, January 28, 2005
The Associated Press is reporting: Now available online are articles headlined "High Court clears way for Conn. execution" and "Federal judge pressures Ross attorney to stop execution." The transcript of the quite remarkable teleconference that is the subject of the second of these two articles can be accessed at this link.
Posted at 23:40 by Howard Bashman



In Saturday's edition of The New York Times: An article will report that "Security Nominee Gave Advice to the C.I.A. on Torture Laws."

Connecticut's death penalty volunteer may be put to death just hours from now, according to an article headlined "Supreme Court Vacates Stay, Setting Stage for an Execution."

An article will report on "Australian's Long Path in the U.S. Antiterrorism Maze."

In news from Texas, "Judge Says Guilty Plea in Smuggling Must Stand."

And an article will report that "At Celebrity Trials, Spotlight Is Sharp but Shifting."
Posted at 23:33 by Howard Bashman



Available online from law.com: An article is headlined "9th Circuit: No Forcing Therapy on Sex Offender."

An interview with the soon to be former U.S. Attorney General is headlined "Ashcroft: Looking Back, Looking Forward."

And proving that the Freedom of Information Act doesn't guarantee free information, an article reports that "Freedom of Information Comes at a $372,799 Cost."
Posted at 21:50 by Howard Bashman



"U-M must pay $672,000 for lawyer fees in race cases; Students' attorneys had sought $2 million; university spent $10 million defending itself": This article appears today in The Detroit News. The Ann Arbor News reports that "Legal fees billed to U-M cut; Judge slashes request from affirmative action plaintiffs' attorneys." And The Michigan Daily reports that "'U' must pay part of legal costs."
Posted at 21:45 by Howard Bashman



"Moussaoui's appeal: the first hurdle." Lyle Denniston has this post online at "SCOTUSblog." If someone were to email to me the redacted petition for writ of certiorari, I'd happily post it online.
Posted at 21:33 by Howard Bashman



"Connecticut Prepares for First Execution Since 1960": This evening's broadcast of NPR's "All Things Considered" included this segment (RealPlayer required).
Posted at 21:20 by Howard Bashman



"Judge won't allow alleged smuggler to change plea": Harvey Rice of The Houston Chronicle provides this news update.
Posted at 18:12 by Howard Bashman



"Conn. Asks Supreme Court to OK Execution": The Associated Press provides this report.
Posted at 17:45 by Howard Bashman



"Specter Rebuffs Democrats on Judiciary Hearings": Human Events Online provides this quite interesting report.
Posted at 15:50 by Howard Bashman



"Court Invalidates Patent for Merck Drug": The Associated Press provides this report on a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Federal Circuit issued today.

In other coverage, Reuters reports that "Judge Rules Merck's Fosamax Patent to End by 2008." And the blog formerly known as "Patently Obvious" offers a post titled "Fosamax case: Patentees should elect the lexicographer option at your own risk."
Posted at 15:02 by Howard Bashman



Just how difficult is it to overturn an arbitrator's award purporting to construe a collective bargaining agreement? Today a divided three-judge panel of the U.S. Court of Appeals for the Third Circuit upheld an arbitration award even though the arbitrator's decision appeared to rely on language from the collective bargaining agreement that the arbitrator had in fact invented. In other words, the arbitrator purported to quote and then rely on language from the agreement, but the agreement does not contain that language. The Third Circuit's ruling can be accessed at this link.
Posted at 14:45 by Howard Bashman



"A Few Thoughts on First-Year Law School Grades": Orin Kerr, who plays a law professor on TV, offers these thoughts online at "The Volokh Conspiracy."
Posted at 14:33 by Howard Bashman



Today's order of the U.S. Court of Appeals for the Second Circuit in the case involving Connecticut's death penalty volunteer can now be accessed online: The order is available at this link.
Posted at 14:10 by Howard Bashman



Did the U.S. Supreme Court's ruling in Scheidler v. National Organization for Women, Inc. conclude the case in defendants' favor? Not necessarily, a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit has ruled, and today that court issued this opinion in which the panel explains its reasoning and a judge dissenting from the denial of rehearing en banc advances a contrary view.
Posted at 13:25 by Howard Bashman



"Court Overturns Ross Restraining Order": The Hartford Courant offers a news update that begins, "Shortly after noon today, three federal appellate judges vacated a temporary restraining order on the execution of serial killer Michael Ross, scheduled for early Saturday, but then imposed a 22-hour stay on their own ruling -- until 12:01 a.m. Sunday, The delay would give Michael Ross' father, Dan Ross, time to appeal to the U.S. Supreme Court."
Posted at 13:05 by Howard Bashman



"Denver law firm's demise a lesson for us all": CBS News legal analyst Andrew Cohen has this op-ed today in The Denver Post.
Posted at 11:45 by Howard Bashman



"U.S. Backs Off Relaxing Rules for Big Media": This article appears today in The New York Times.

The Washington Post today contains a front page article headlined "FCC Drops Bid to Relax Media Rules; Agency Sought Fewer Limits on Ownership."

The Los Angeles Times reports that "U.S. Won't Appeal Media Ruling; Several companies are still expected to ask the Supreme Court to overturn an appellate decision blocking greater consolidation."

Financial Times reports that "White House drops media rules appeal."

The Chicago Tribune reports that "Media giants suffer setback; U.S. won't appeal judgment on cross-ownership rules."

And The Chicago Sun-Times reports that "Cross-ownership ruling a blow to Trib."
Posted at 11:40 by Howard Bashman



Today's rulings of note from the U.S. Court of Appeals for the Sixth Circuit: An opinion issued today begins:
Plaintiff-appellant George G. Ventura brought this diversity action against The Cincinnati Enquirer and its parent company, Gannett Co. (collectively the "Enquirer"), claiming breach of contract, tortuous breach of contract, promissory estoppel, promissory fraud, negligent hiring or supervision, and negligent disclosure. Ventura alleged that the Enquirer disclosed his identity as a news source to a Cincinnati grand jury investigating the illegal news gathering actions of one of the newspaper's former reporters. Specifically, Ventura maintained that he was a confidential news source assisting former Enquirer reporter Michael Gallagher on a multi-part expose of the plaintiff’s former employer, Chiquita Brands International, Inc. ("Chiquita"). In his role as a news source, Ventura illegally accessed Chiquita's voice-mail system. Ventura claimed that the disclosure of his identity as a news sources breached a confidentiality agreement he had reached with Gallagher.
You can access the complete decision at this link.

A separate decision issued today resolves a dispute over how to distribute funds consisting of royalties generated from Broadcast Music Inc.'s licensing of certain songs written by country music legend Roger Miller. The decision elicited a dissenting opinion that concludes: "Rather than engage in what seems to me to constitute a clear case of judicial activism, I respectfully dissent." You can access the complete ruling at this link.

Update: As the quote from the first of these two opinions demonstrates, a word processor's auto-correct feature isn't always automatically correct. A reader emails, "I couldn't help noticing the mention of 'tortuous breach of contract' in the first sentence of the Ventura opinion from the Sixth Circuit. I take it this is not a case about the breach of a contract to be performed at Gitmo! Every good clerk knows that the word processing program automatically changes 'tortious' to 'tortuous.' Some poor clerk needs to change his or her default settings."
Posted at 10:45 by Howard Bashman



Today's rulings of note from the U.S. Court of Appeals for the D.C. Circuit: An opinion issued today begins:
Several years ago, an agency of the District of Columbia sponsored a city-wide, outdoor exhibit of polyurethane models of donkeys and elephants, each painted and decorated by a different artist. The exhibit lasted five months. The parties to these consolidated appeals argue about whether, as the district court ruled, the agency violated the First Amendment to the Constitution when it rejected a design showing a circus elephant weeping from mistreatment.
The plaintiff/appellee in the case is the organization People for the Ethical Treatment of Animals. You can access the complete ruling at this link.

A second ruling issued today begins:
The Association of Administrative Law Judges (the Union) petitions for review of a decision by the Federal Labor Relations Authority holding that an employing agency of the United States Government need not bargain over a de minimis change in "conditions of employment."
What was the de minimis change in conditions of employment that these ALJs were complaining about to the D.C. Circuit? The unilaterally reassigment of four parking spaces, leaving only two reserved spaces for six ALJs to share in a Charleston, South Carolina parking garage that always has plenty of available unreserved parking spaces. You can access the complete ruling at this link.
Posted at 10:05 by Howard Bashman



"Quattrone Asks Court to Toss Out Verdict; In Appeal, Former Investment Banker Claims Bias by Trial Judge in Sentencing": The Washington Post contains this article today.

The Los Angeles Times reports that "Banker Appeals Guilty Verdict; Frank Quattrone says he wasn't allowed to present his story and that the trial was unfair."

Dow Jones Newswires report that "Quattrone Appeals Conviction."

Bloomberg News reports that "CSFB's Quattrone Files Appeal, Attacking Evidence and Judge."

Reuters reports that "Quattrone Calls Trial 'Unfair' in Appeal."

And The Associated Press reports that "Quattrone Wants Conviction Tossed Out."
Posted at 09:40 by Howard Bashman



"Court finds big raincoats a fitting way to advertise": This article appears today in The Seattle Times. And The Seattle Post-Intelligencer reports that "Court ruling OKs store's ads on backs of raincoats."

Yesterday's 5-4 ruling of the Washington State Supreme Court is available online here (majority opinion); here (opinion concurring in the result); here (concurring opinion); and here (dissenting opinion).
Posted at 07:24 by Howard Bashman



"A courtside view of the highest judicial activists in the land": Today in The Los Angeles Times, David J. Garrow has this review of Law Professor Mark V. Tushnet's new book, "A Court Divided: The Rehnquist Court and the Future of Constitutional Law."
Posted at 07:22 by Howard Bashman



"Bring in ROTC as soon as 'don't ask' is out": This editorial appears today in The Yale Daily News.
Posted at 07:20 by Howard Bashman



"Many Eyes on Tort Reform Debate": This article appears today in The New York Sun.
Posted at 07:20 by Howard Bashman



In news concerning Connecticut's death penalty volunteer: The Hartford Courant reports today that "One Obstacle To Execution Left; Ross Moving Closer To Death Chamber After High Court Rejects Public Defenders' Motion." The Day of New London, Connecticut reports today that "High Court Lifts Stay Of Ross Execution; Serial killer's father to make final appeal; sentence could be carried out on Saturday." And The New York Times reports today that "Court Lifts Stay of Execution for Connecticut Serial Killer."
Posted at 07:18 by Howard Bashman



"New Light Shed On Sealed Files; UConn President's Divorce Proves Status Has Benefits": The Hartford Courant contains this article today.
Posted at 07:15 by Howard Bashman



"Moussaoui witnesses called key to fair trial": This article appears today in The Washington Times.
Posted at 07:12 by Howard Bashman



"Masturbating Canadian Wins Court Challenge": Reuters provides this report.

The Toronto Globe and Mail reports today that "A self-made man is master of his domain."

Canadian Press reports that "High court says masturbation at home not an offence if seen by neighbours."

And CBC News reports that "Supreme Court overturns conviction for masturbating in home."

Yesterday's ruling of the Supreme Court of Canada can be viewed at this link.
Posted at 07:10 by Howard Bashman



"3 reasons liberals should back Scalia for chief justice": Law Professor Steven Lubet has this essay today in The Chicago Sun-Times.
Posted at 06:45 by Howard Bashman



"Chief Justice Rehnquist's Annual Report on the Federal Judiciary: A Clear Example of What Distinguishes A Radical From A Reactionary Conservative." FindLaw columnist John W. Dean has this essay today.
Posted at 06:40 by Howard Bashman



Thursday, January 27, 2005
"Judge says he's sorry about groping incident, resigns": This article appears today in The Manchester (N.H.) Union Leader.
Posted at 23:15 by Howard Bashman



"Asbestos in America: A bid to bypass the lawyers; Can the new Congress cut through America's asbestos-litigation mess?" The Economist posted online this article today. And from Montana, The Daily Inter Lake reports today that "Asbestos bill still excluding Libby victims."
Posted at 22:50 by Howard Bashman



"Judges who accept free trips don't know right from wrong": The Tomah (Wis.) Journal contains this editorial today.
Posted at 22:48 by Howard Bashman



"Senate panel OKs nominee for attorney general; Straight party-line vote reflects tension over Gonzales' bid": This article appears today in The San Francisco Chronicle. And Newsday reports that "Dems finding footing; Party unity during nominations show they are discovering tactics to challenge Bush, GOP lawmakers."
Posted at 22:44 by Howard Bashman



The Associated Press is reporting: In news relating to Connecticut's death penalty volunteer, an article headlined "High Court Lifts Conn. Stay of Execution" reports that the execution has been rescheduled for Saturday at 2:01 a.m. A related article is headlined "Death penalty opponents see Supreme Court decision as a major blow." Today's U.S. Supreme Court order can be viewed at this link (see page two).

In other news, an article headlined "U. of Mich Plaintiffs Awarded $672,000" reports that "A federal judge on Thursday ordered the University of Michigan to pay $672,000 in legal fees and costs to attorneys for students who sued the school over its use of affirmative action in undergraduate admissions policies."

Finally for now, an article reports that "Moussaoui Seeks Access to Terror Witnesses."
Posted at 22:40 by Howard Bashman



"Lawsuits Take Aim at Ads for Alcohol; Plaintiffs claim provocative campaigns are being waged to appeal to underage drinkers; Firms deny targeting teens": This article appears today in The Los Angeles Times.
Posted at 22:25 by Howard Bashman



"Dick Durbin: Bush Fighter." The February 14, 2005 issue of The Nation will contain an essay by John Nichols that begins, "When Texas Supreme Court Justice Priscilla Owen, perhaps George Bush's most corporately compromised judicial nominee, appeared early in 2003 before the Senate Judiciary Committee, the most devastating line of questioning she faced did not come from one of the big-name inquisitors on a committee that includes a Kennedy, a Biden and a Leahy."
Posted at 22:22 by Howard Bashman



"GOP groups press Dems on memo": Yesterday's edition of The Hill contained an article that begins, "Conservative activists pushing for the confirmation of President Bush’s judicial nominees are attempting to refocus attention on the memo controversy that consumed the Senate Judiciary Committee for much of last year."
Posted at 19:24 by Howard Bashman



"New Senate Meets Under 'Nuclear' Cloud": David Welna, who covers the U.S. Congress for National Public Radio, has this article online at NPR's web site.
Posted at 19:22 by Howard Bashman



"White House Drops Effort to Relax Media Ownership Rules": The New York Times offers this news update. And The Los Angeles Times offers a news update headlined "FCC Won't Contest Media Ownership Rules."
Posted at 19:20 by Howard Bashman



"The Rehnquist Court and the Constitution": This lengthy segment (RealPlayer required) featuring Law Professor Mark V. Tushnet appeared on today's broadcast of NPR's "Talk of the Nation." Professor Tushnet's new book is entitled "A Court Divided: The Rehnquist Court and the Future of Constitutional Law."
Posted at 17:50 by Howard Bashman



"Thanks for the Repressed Memories: Junk vs. science in the Paul Shanley trial." Slate has just posted online this jurisprudence essay by Dahlia Lithwick.
Posted at 17:14 by Howard Bashman



The district court's decision is affirmed and ordered to be published in the Federal Supplement: As if being affirmed isn't high enough praise, this opinion that the U.S. Court of Appeals for the Eleventh Circuit issued today orders that the trial court's ruling in the case be published. Don't believe I've ever seen this happen before.
Posted at 17:04 by Howard Bashman



"High Court Lifts Stay In Execution": The Associated Press reports here that "The U.S. Supreme Court on Thursday lifted a stay of execution for serial killer Michael Ross. The decision, on a 5-4 vote, does not affect a 10-day restraining order issued on Wednesday by a federal judge, but brings Ross another step closer to becoming the first person executed in New England in 45 years."
Posted at 15:53 by Howard Bashman



"FCC Won't Appeal Media Ownership Decision": Reuters provides this report. And The Associated Press reports that "White House Won't Appeal Media Ruling."
Posted at 15:40 by Howard Bashman



"Rabbi reflects on role in military religious-freedom case": Online at the First Amendment Center, David L. Hudson Jr. today has an essay that begins, "It might seem odd that a head covering in the military would lead to a legal dispute that ended up in the Court of Last Resort."
Posted at 15:24 by Howard Bashman



Ever wonder what might happen if the motor vehicle you are operating is stopped by a police officer, and when the officer asks for proof of insurance, you assert a right against self-incrimination under the Fifth Amendment? This decision that the U.S. Court of Appeals for the Fourth Circuit issued today details one possible outcome.
Posted at 15:05 by Howard Bashman



"Judges Grapple With Sentencing Confusion": Hope Yen of The Associated Press provides this report.
Posted at 14:50 by Howard Bashman



Reuters is reporting: Now available online are articles headlined "Canada to Push Ahead with Gay Marriage Legislation" and "Britain Rules Out Wiretap Evidence -- But Why?"
Posted at 14:22 by Howard Bashman



A convicted sex offender's rehabilitative treatment cannot require self-incrimination, unanimous three-judge Ninth Circuit panel holds: Today's ruling of the U.S. Court of Appeals for the Ninth Circuit can be accessed at this link.
Posted at 14:14 by Howard Bashman



"Court Skeptical of Cheney Records Lawsuit": The Associated Press provides this report. And Shannen W. Coffin, writing at "The Corner," provides these thoughts on today's D.C. Circuit en banc oral argument.
Posted at 14:08 by Howard Bashman



"After a New Ruling, Ownership of Bill of Rights Copy Is in Question Again": This article appears today in The New York Times. And The News & Observer of Raleigh, North Carolina reports today that "Bill of Rights copy is back in limbo."
Posted at 12:45 by Howard Bashman



Senior Third Circuit Judge Edward R. Becker discusses the creation of the Asbestos Trust Fund on C-SPAN's "Washington Journal": You can view the segment, recorded on January 15, 2005, by clicking here (RealPlayer required).
Posted at 11:44 by Howard Bashman



"Senate rules: 'Nuclear option' hinges on GOP moderates, senior senators." E&E Daily published this article yesterday.
Posted at 11:15 by Howard Bashman



"The Court is next for SpongeBob foes": Columnist Sheryl McCarthy has this essay today in Newsday.
Posted at 10:24 by Howard Bashman



"William A. Bootle, Judge in Desegregation Case, Dies at 102": This obituary appears today in The New York Times. The blog "Southern Appeal" has collected at this link numerous other obituaries pertaining to this jurist.
Posted at 10:14 by Howard Bashman



The wire services are reporting: Now available online from The Associated Press are articles headlined "Appeals Court to Revisit Cheney Lawsuit" and "Gay Marriage Fight Shifts to California."

Reuters, meanwhile, reports that "Disney Wins as Judge Refuses New Pooh Trial."
Posted at 10:10 by Howard Bashman



"Justice Dept. Won't Appeal Pot Decision": The Associated Press reports here that "The Justice Department has decided not to appeal a judge's decision throwing out a law aimed at keeping pro-marijuana ads out of the nation's bus and subway stops."

The American Civil Liberties Union yesterday issued a press release entitled "Justice Department Refuses to Defend Congress in Legal Battle Over Law Censoring Marijuana Policy Ads; Solicitor General Says Government 'Does Not Have a Viable Argument to Advance in the Statute's Defense.'" The letter that Acting Solicitor General Paul D. Clement sent to Senate Legal Counsel can be viewed at this link, and the advertisement at issue can be viewed here.
Posted at 09:45 by Howard Bashman



"Court Upholds La Habra's Ban Against Lap Dancing; The city's lawyer thinks the 3-0 ruling could spur consideration of similar ordinances elsewhere": The Los Angeles Times contains this article today. The Whittier Daily News reports that "Appeals court upholds law against lap dances." And Reuters reports that "Court Backs No-Contact Rule for Strippers." My earlier report on yesterday's ruling of the U.S. Court of Appeals for the Ninth Circuit appeared under the heading "Couldn't touch 'em with a two-foot pole."
Posted at 07:40 by Howard Bashman



"Reporter's motive, diligence questioned in libel suit; Plaintiff pinpoints conflicts between stories, testimony": This article appears today in The Boston Globe.
Posted at 07:35 by Howard Bashman



"Judiciary Democrats oppose Gonzales": The Washington Times contains this article today.

The Chicago Tribune reports that "Nomination of Gonzales gets Senate panel's OK."

The Boston Globe reports that "As Texas judge, Gonzales heard donors' cases; Practice legal, but still faces criticism" and "Vote on Gonzales hints at division."

Michael McGough of The Pittsburgh Post-Gazette reports that "Panel's 10-8 vote advances Gonzales for attorney general."

The Houston Chronicle reports that "Gonzales moves closer; Rice wins confirmation; The full Senate to debate, vote on AG nomination in the next week."

The Fort Worth Star-Telegram reports that "Panel narrowly approves Gonzales."

And The Dallas Morning News reports that "Gonzales nomination sent to Senate."
Posted at 07:33 by Howard Bashman



"Justices deny same-sex adoption fight": This article appears today in The Houston Chronicle.
Posted at 07:32 by Howard Bashman



"As Clock Ticks, Ross' Fate Unclear; Courts To Rule On Last-Minute Legal Maneuvers; Scheduled Execution Less Than 24 Hours Away": Lynne Tuohy of The Hartford Courant has this article today.
Posted at 07:28 by Howard Bashman



"Wilkinson, Luttig Are Potential Bush Picks for High Court": The New York Sun contains this article today.
Posted at 07:22 by Howard Bashman



Wednesday, January 26, 2005
"Senate Panel Approves Gonzales on a Party-Line Vote": This article will appear Thursday in The New York Times.

Thursday's edition of The Washington Post will report on the same news in an article headlined "Rice Is Confirmed Amid Criticism; Democrats Assail Iraq War Policies Before Senate Approves Nomination."

And this evening's broadcast of the PBS program "The NewsHour with Jim Lehrer" contained a segment entitled "Judiciary Committee Approves Gonzales" (link to transcript, which provides link to audio).
Posted at 22:15 by Howard Bashman



Available online from law.com: Tony Mauro has an article headlined "Libertarian Litigants: The Institute for Justice champions economic liberty -- but don't look for a lot of Fortune 500 clients."

And Shannon P. Duffy reports that "3rd Circuit Questions Calculation of $31M Fee Award in Rite Aid Class Action; Blended billing rate necessary to determine correctness of fee award." You can access today's ruling of the U.S. Court of Appeals for the Third Circuit at this link.
Posted at 22:11 by Howard Bashman



"Committee endorses Gonzales on party-line vote": This article will appear Thursday in The Dallas Morning News. And Frank Davies of Knight Ridder Newspapers reports that "Gonzales' nomination as attorney general heads to the full Senate."
Posted at 20:30 by Howard Bashman



On this evening's broadcast of NPR's "All Things Considered": The broadcast contained segments entitled "Senate Committee Approves Gonzales Nomination" (featuring Nina Totenberg); "Gonzales Role in Bush Jury Duty Exemption Questioned"; "Golf Club, Gay Members in Dispute Over Partner Benefits"; and "How Straight Couples Are Riding on the Coattails of Gay Rights."
Posted at 20:20 by Howard Bashman



"O'Connor Top Choice for Chief Justice; Giuliani Second Overall; Thomas Top Pick on Right, New Zogby Poll Reveals": Zogby International issued this press release today.
Posted at 18:12 by Howard Bashman



"Rice, Gonzales votes signal Democrats' strategy; Bayh gets notice for 'no' vote on Rice; no filibuster seen on Gonzales": Tom Curry, national affairs writer for MSNBC, provides this report.

And The Nation has posted online an essay by Jonathan Schell entitled "What Is Wrong With Torture."
Posted at 17:54 by Howard Bashman



"Rights Without a Country: The Supreme Court rules against the administration on foreign detainees, again." Last Friday, The American Prospect posted online this essay by Deborah Pearlstein.
Posted at 17:50 by Howard Bashman



"The Bible in class: Is it ever legal?" This article will appear in Thursday's edition of The Christian Science Monitor.
Posted at 17:35 by Howard Bashman



"Law professor proposes term limits for Supreme Court justices": Tomorrow's issue of The Cornell Chronicle will contain this article. The proposal itself can be viewed at this link.
Posted at 17:30 by Howard Bashman



"Laws rely on history, traditions, Scalia says; Justice's speech focuses on religion, Constitution": This article appears today in The Ann Arbor News. As explained here, both yesterday and today Justice Antonin Scalia is serving as Justice-in-Residence at Ave Maria School of Law.
Posted at 17:12 by Howard Bashman



"Nutty for Nino: Antonin Scalia for chief justice. Seriously." Slate has just posted online this jurisprudence essay by Nicholas Thompson, a senior editor at Legal Affairs magazine. I too have had a fondness for this idea since Tony Mauro wrote this article linking me to Chief Justice Scalia.
Posted at 15:40 by Howard Bashman



"N.H. Judge Suspended for Groping Resigns": The Associated Press reports here that "A New Hampshire judge who was suspended for groping five women at a conference on sexual assault and domestic violence resigned on Wednesday, the same day a committee recommended he not get his job back." And The Nashua Telegraph today contains an editorial entitled "Judge Jones ought to resign from bench."

In related coverage, The Manchester Union Leader earlier this month published articles headlined "Did Judge Jones get special treatment?" and "Judge Jones fights for job."
Posted at 15:20 by Howard Bashman



Sorry, State of North Carolina, but you can't be declared the owner of this historic copy of the Bill of Rights just yet: The U.S. Court of Appeals for the Fourth Circuit issued this ruling today.
Posted at 15:05 by Howard Bashman



What sort of an appeal takes three years and eleven months from the time of oral argument to decide? This sort, apparently.
Posted at 15:02 by Howard Bashman



In news regarding Connecticut's death penalty volunteer: The Hartford Courant provides a news update headlined "Prosecutors File Appeal To U.S. Supreme Court." And today's edition of that newspaper contains articles headlined "On To High Court; Possibilities: Execution Friday Or New Hearing In Weeks" and "Review To Make Countdown More Tense."
Posted at 14:40 by Howard Bashman



Couldn't touch 'em with a two-foot pole: Today's federal appellate nude dancing decision originates from the U.S. Court of Appeals for the Ninth Circuit. That court today affirmed the rejection of a constitutional challenge to an ordinance that the City of La Habra, California enacted requiring that nude dancers perform at least two feet away from their patrons.
Posted at 14:15 by Howard Bashman



"Senate Panel Approves Attorney General Nominee": Reuters provides this report, which notes that the approval was by a party-line vote of 10-8. And Jesse J. Holland of The AP reports that "Gonzales Nomination Moves to Senate Vote."
Posted at 11:50 by Howard Bashman



"Senate to Likely Get Gonzales Nomination": Jesse J. Holland of The Associated Press provides this report.
Posted at 11:22 by Howard Bashman



Vote for him, or else: The blog "Taegan Goddard's Political Wire" today has a post entitled "Candidate Says He May Kill Himself" reporting on an article published today in The St. Louis Post-Dispatch headlined "Bill Haas says he may kill himself," which in turn reports on this blog entry posted at the blog "Run Bill Run."
Posted at 10:45 by Howard Bashman



"JAG uproar does not deter some students": This article appears today in The Yale Daily News. And that newspaper today also contains an op-ed by Andrew Beaty entitled "Until it's 'do ask, do tell,' ROTC has no place on this campus" and an op-ed by Tico Almeida entitled "Think pro-gay and pro-ROTC is an oxymoron? Think again."
Posted at 10:40 by Howard Bashman



This may be the perfect case in which to use the Steve Martin defense: The Providence Journal reports today that "'Survivor' winner arraigned on tax fraud; Richard Hatch is released on bail pending a future court appearance." The details of the Steve Martin defense in question can be found in the second to last paragraph of that comedian's Saturday Night Live monologue from January 21, 1978.
Posted at 10:30 by Howard Bashman



"Don't go 'nuclear' on judges": U.S. Senator Patrick Leahy (D-VT), the ranking Democratic member on the Senate Judiciary Committee, has this op-ed in today's issue of The Hill.
Posted at 09:40 by Howard Bashman



"Should Gonzales be Attorney General?" That's the subject of this week's "Debate Club" feature online at legalaffairs.org. The participants in this week's discussion are John D. Hutson and Heather Mac Donald.

Relatedly, yesterday City Journal posted online an essay by Ms. Mac Donald entitled "Tortured Logic on Torture: Andrew Sullivan misinterprets Abu Ghraib."
Posted at 09:30 by Howard Bashman



"The stakes are high": Today in The Washington Times, Gary L. McDowell has an op-ed that begins, "There is arguably no issue of greater importance to the future of the American republic than how the coming war over nominations to the federal judiciary will turn out."
Posted at 08:48 by Howard Bashman



"Disparate Cast Lobbies Court To Restrict File Sharing": This article appears today in The Washington Post. And USA Today reports that "Famous folk among those filing briefs on file-sharing; Court asked to overturn decision."
Posted at 08:45 by Howard Bashman



"Suit hits antiabortion amendment": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "Attorney General Bill Lockyer and state school Superintendent Jack O'Connell sued the Bush administration Tuesday over an antiabortion amendment in the new federal spending bill, saying it coerces California into violating women's rights by threatening a huge financial penalty."
Posted at 07:28 by Howard Bashman



"Committee OK expected for Gonzales; Some on Senate Judiciary Committee critical of answers": This article appears today in The Dallas Morning News.

The Washington Times reports that "Gonzales approval seen; some Democrats balk."

Frank Davies of Knight Ridder Newspapers reports that "Torture treaty doesn't bar 'cruel, inhuman' tactics, Gonzales says."

The San Antonio Express-News reports that "Ethics complaint hits AG nominee."

The New York Sun reports that "Opposition to Gonzales Confirmation Comes From an Unexpected Corner."

The New York Times today contains an editorial entitled "The Wrong Attorney General."

The Washington Post contains an editorial entitled "A Degrading Policy."

The Sacramento Bee contains an editorial entitled "Tainted justice: Gonzales is the wrong choice for AG."

And yesterday, USA Today contained both an editorial entitled "Doubts linger about Gonzales' respect for rights; Nominee leaves questions about detainee treatment unanswered" and an op-ed by U.S. Senator John Cornyn (R-TX) entitled "'Good man' follows the law; Experts agree with Gonzales' legal advice to president on detainees."

The Senate Judiciary Committee is scheduled to hold an executive business meeting this morning during which the committee is expected to vote to approve, and send to the full U.S. Senate, the nomination of Alberto R. Gonzales to serve as Attorney General of the United States.
Posted at 07:20 by Howard Bashman



"Don't Let Republican Leadership 'Go Nuclear' on Supreme Court": The organization People For the American Way has announced this "Online Petition to Protect the Filibuster."

In somewhat related news, the blog "Confirm Them" is now up and running.
Posted at 07:14 by Howard Bashman



Fat suit: Henry Weinstein of The Los Angeles Times reports today that "Court Reinstates Fast-Food Lawsuit; A judge says two teenagers can seek more evidence in their case against McDonald's."

The Chicago Tribune reports that "McDonald's health suit back; Appeals court ruling could lead to company revealing key data."

Newsday reports that "Court reinstates case alleging fast-food giant misled clientele, making them obese and unhealthy."

The New York Daily News reports that "Court leans on McD's in fat suit."

And Bloomberg News reports that "McDonald's Says Obesity Lawsuit By Teenagers Will Be Dismissed."

You can access yesterday's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 07:00 by Howard Bashman



"Scalia reasserts his strict view of Constitution": The Toledo Blade contains this article today. And The Associated Press reports that "Scalia Sounds Off on Religious Rulings."
Posted at 06:44 by Howard Bashman



Tuesday, January 25, 2005
Renomination "news": The Salt Lake Tribune reports today that "BYU counsel likely D.C. court nominee."
Posted at 23:30 by Howard Bashman



"Old Law Shielding a Woman's Virtue Faces an Updating": This article will appear Wednesday in The New York Times.
Posted at 23:22 by Howard Bashman



Available online from law.com: In news from New York, "Part of Parents' Obesity Suit Against McDonalds Revived" and "2nd Circuit: Robing-Room Sentencing Denies Public Right of Access."
Posted at 23:20 by Howard Bashman



In today's edition of The Los Angeles Times: Maura Dolan reports that "Ruling Limits Challenges of Parole Denials; In a 4-3 decision, the state Supreme Court says the Board of Prison Terms may reject inmates' release based on nature of the crimes."

In other news, "GOP Still Plans to Advocate for Ban on Same-Sex Marriage; The amendment is introduced but it is not on the Republicans' top 10 list of legislative priorities; There is no timetable for a vote."

And Robert S. Kahn has an op-ed entitled "Objection! Bush's Rap on Lawsuits Is Wrong."
Posted at 23:15 by Howard Bashman



"Killing Michael Ross: Should Connecticut end a period of nearly 45 execution-free years and kill a man who wants to die?" Zach Jones has this essay in the current issue of The Yale Daily News Magazine.
Posted at 23:12 by Howard Bashman



Bob Egelko is reporting: Today in The San Francisco Chronicle, he has articles headlined "Supreme Court expands police search powers; Drug-sniffing dogs now have access to any car stopped"; "Top court backs parole board in barring wife killer's release"; and "Gang leader loses Death Row appeal."
Posted at 23:05 by Howard Bashman



"Bill bans life tenure for most judges; State court officials oppose the proposal, saying that the present system ensures judicial independence": This article appears today in The Providence (R.I.) Journal.
Posted at 23:04 by Howard Bashman



The Associated Press is reporting: David Kravets reports that "California Goes to Court Over Amendment."

And in other news:
Posted at 22:44 by Howard Bashman



"Judge who fought racism dies at 102; Bootle made UGA integrate": This article will appear Wednesday in The Atlanta Journal-Constitution. "Feddie" at the blog "Southern Appeal" offers related posts here and here.
Posted at 22:30 by Howard Bashman



"US ruling revives fears of obesity legislation": Wednesday's edition of Financial Times will contain this article. Bloomberg News reports that "McDonald's Must Face Obesity Suit by Teenagers." The Associated Press reports that "Court Reinstates McDonald's Obesity Suit." And Reuters reports that "Part of McDonald's Obesity Suit Revived." I first noted today's ruling of the U.S. Court of Appeals for the Second Circuit in a post that you can access here.
Posted at 22:10 by Howard Bashman



"Specter adds more fuel to the fire": Wednesday's issue of The Hill will contain this article.
Posted at 22:00 by Howard Bashman



"Slate's Jurisprudence: Disclosing HIV-Positive Status." This segment (RealPlayer required) featuring Dahlia Lithwick appeared on today's broadcast of NPR's "Day to Day."
Posted at 21:00 by Howard Bashman



U.S. Court of Appeals for the Federal Circuit decides patent tying antitrust action: In a decision issued today, the court reinstated a Sherman Act section 1 claim, which the trial court had dismissed because the plaintiff had failed to produce any evidence of defendant's market power over the tying product, holding that "a rebuttable presumption of market power arises from the possession of a patent over a tying product."
Posted at 20:50 by Howard Bashman



"Child Killer's Death Penalty Overturned": The Associated Press provides this report on a ruling that the U.S. Court of Appeals for the Sixth Circuit issued today.
Posted at 20:08 by Howard Bashman



Busy day in the federal appellate courts for street preachers: Both the U.S. Courts of Appeals for the Fourth and Sixth Circuits today issued decisions (here and here, respectively) addressing the rights of street preachers.
Posted at 19:44 by Howard Bashman



Harvey Rice is reporting: Today in The Houston Chronicle, he has articles headlined "Trucker's trial gets 3rd delay; Supreme Court to be appealed on death penalty" and "Attorneys claim federal agents had role in smuggling; Witness prepared to testify that truck was allowed to pass with immigrants."
Posted at 19:25 by Howard Bashman



In news relating to Connecticut's death penalty volunteer: The Hartford Courant provides a news update headlined "Court Upholds Delay On Ross Execution." You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link.

The Associated Press reports that "State Supreme Court Rejects Appeals From Public Defenders, Ross' Father." Today's decision of the Supreme Court of Connecticut can be accessed here (order), here (majority opinion), and here (dissenting opinion).

And today's edition of The Courant contained articles headlined "Supreme Court Dismisses Missionary Society's Challenge"; "Judge: A Mix Of Caution And Boldness"; and "Some Religious Groups Still Plan To Hold Services, Vigils Tonight."
Posted at 19:15 by Howard Bashman



"Supreme Court Urged to End Illegal File-Sharing in Closely-Watched Grokster Case": Jenner & Block LLP issued this press release today. You can access via this link the merits and amicus briefs recently filed in the Supreme Court of the United States.

In news coverage, The Associated Press reports that "Olson, Hollywood Team Up at Supreme Court." washingtonpost.com reports that "Entertainment Industry Reaffirms Anti-P2P Stance; Supreme Court Urged to Hold File-Sharing Services Liable For Copyright Violations." United Press International reports that "Government joins file-sharing dispute." And c|net News.Com offers an article headlined "File swapping vs. Hollywood."
Posted at 16:00 by Howard Bashman



"Super Size Me": A three-judge panel of the U.S. Court of Appeals for the Second Circuit today reinstated an obesity lawsuit arising under New York State law against McDonald's Corporation. You can access the ruling at this link.
Posted at 15:50 by Howard Bashman



Programming note: My day job will have me in Princeton, New Jersey for much of today. More later.
Posted at 06:20 by Howard Bashman



"The Virginia Supreme Court Strikes Down the State's Fornication Law, Indicating that Other States' Antiquated Laws Will Fall if Challenged": FindLaw columnist Joanna Grossman has this essay today.
Posted at 06:18 by Howard Bashman



In news from the U.S. Supreme Court: Charles Lane of The Washington Post reports that "Justices Order Review Of 400-Plus Sentences; Court Also Backs Searches by Sniffer Dogs."

David G. Savage of The Los Angeles Times reports that "High Court Backs Use of Drug Dogs; Justices say employing canines during routine police stops doesn't violate motorists' rights" and "Lawsuit Winners Lose the Tax Battle; The Supreme Court rules unanimously that plaintiffs must pay levies on awards without first subtracting legal fees."

In The Chicago Tribune, Jan Crawford Greenburg reports that "Court OKs drug dog use; Justices broaden police powers during routine traffic stops."

In USA Today, Joan Biskupic reports that "Police can use dogs in traffic stops; Court OKs practice even if drugs aren't suspected" and "Justices reject appeal in right-to-die case."

In The Pittsburgh Post-Gazette, Michael McGough reports that "Supreme Court widens drug searches; Justices say dog may be used even if traffic stop isn't for drugs."

The Washington Times reports that "Narcotics searches in traffic stops OK."

The Chicago Sun-Times contains an article headlined "Justices: Dogs can sniff in traffic stops."

The St. Petersburg Times reports that "'Terri's Law' loses last battle; The nation's highest court ends Gov. Jeb Bush's attempt to keep Terri Schiavo alive; But her parents' fight continues."

The Tampa Tribune reports that "High Court Won't Rule On Schiavo."

The Orlando Sentinel reports that "High court says no to Gov. Bush on Schiavo."

The Miami Herald reports that "Justices decline Schiavo appeal; The U.S. Supreme Court refused to take up an appeal by Gov. Jeb Bush in his effort to keep a severely brain-damaged woman from having her feeding tube removed."

And The Philadelphia Inquirer reports that "High court won't reinstate 'Terri's Law'; Justices let stand a Florida ruling that invalidated a statute designed to prevent Terri Schiavo's husband from removing her feeding tube."
Posted at 06:15 by Howard Bashman



Monday, January 24, 2005
"Kahle v Ashcroft Appeal Filed": Slashdot provides this discussion thread. And you can access at this link the brief for appellants filed last Wednesday in the U.S. Court of Appeals for the Ninth Circuit. You can learn more about the case -- which among other things represents Law Professor Lawrence Lessig's latest challenge to the copyright laws of the United States -- at this link.
Posted at 23:20 by Howard Bashman



"Court Lets Right-to-Die Ruling Stand; Parents at Odds With Husband Over Removing Fla. Woman's Feeding Tube": Tuesday's edition of The Washington Post will contain this article. And I was stunned to learn that on Wednesday Charles Lane will celebrate his 100th birthday!
Posted at 23:02 by Howard Bashman



"Court Deals Blow to U.S. Anti-Porn Campaign; Judge Calls Obscenity Laws Unconstitutional, Derails Key Federal Anti-Pornography Case": Jake Tapper of ABC News provides this report. And Orin Kerr will be on Nightline tonight to discuss the ruling, which he learned about here and first commented on here.
Posted at 23:00 by Howard Bashman



In Tuesday's edition of The New York Times: Linda Greenhouse will report that "Justices Uphold Use of Drug-Sniffing Dogs in Traffic Stops."

In other news, "Gov. Bush's Role Is Ended in Feeding Tube Dispute."

An article will report that "Senate Democrats Speak of Slowing Confirmation Votes."

And in other news, "At Ashcroft's Farewell, Much Reverence."
Posted at 22:30 by Howard Bashman



Available online from law.com: Tony Mauro has an article headlined "Supreme Court: Contingent Fees Taxable to Client."

Marcia Coyle has an article headlined "With Specter Soon to Act on Asbestos Bill, Core Issues Remain; Manufacturers, insurers said to still be divided on bill that will seek $140 billion for trust fund."

And an article reports that "5th Circuit Rules in Rappers' Battle Over Phrase 'Back That Ass Up.'" The article concludes:
As a matter of fact, Judge King says she listened to both rap songs before issuing her opinion.

"I don't know that I had to," says King, who admits she's not very familiar with rap music. "I'm interested in Brahms, but I did listen to it."
My original post reporting on the Fifth Circuit's ruling in this matter contains links to both audio and video of one of the songs at issue.
Posted at 22:08 by Howard Bashman



Available online from National Public Radio: This evening's broadcast of "All Things Considered" contained a segment entitled "Supreme Court Upholds Dog Sniffs at Traffic Stops" featuring Nina Totenberg. The broadcast also contained segments entitled "Supreme Court Declines to Intervene in Schiavo Case"; "Guantanamo Detainees Attempted Mass Suicide in 2003"; and "Ohio Universities Continue Domestic Partner Benefits, Despite Referendum."

And today's broadcast of "Day to Day" contained segments entitled "Defining Torture in the 'War on Terror'" and "Defending Bush's Treatment of Enemy Combatants."

RealPlayer is required to launch these audio segments.
Posted at 20:40 by Howard Bashman



"Court OKs use of drug-sniffing dogs during routine traffic stops": Stephen Henderson of Knight Ridder Newspapers provides this report.
Posted at 19:44 by Howard Bashman



David G. Savage of The Los Angeles Times is reporting: He has news updates headlined "Justices: Police Dog Searches Don't Invade Privacy" and "Court Rejects Appeal of Right-To-Die Case."
Posted at 19:40 by Howard Bashman



"Postponed execution tests a region's views on crime; The death penalty was to be used this week in Connecticut - and New England - for the first time since 1960": This article will appear Tuesday in The Christian Science Monitor.
Posted at 17:45 by Howard Bashman



"23 at Guantanamo Attempted Suicide in 2003": The Associated Press reports here that "Twenty-three terror suspects tried to hang or strangle themselves at the U.S. military base in Guantanamo Bay during a mass protest in 2003, the military confirmed Monday."
Posted at 17:28 by Howard Bashman



"The Fourth Circuit speaks on Booker!" The blog "Sentencing Law and Policy" offers this post regarding this decision that the U.S. Court of Appeals for the Fourth Circuit issued today in typescript form.
Posted at 17:14 by Howard Bashman



"Ross Execution Postponed": Lynne Tuohy of The Hartford Courant provides this news update pertaining to Connecticut's death penalty volunteer.
Posted at 15:54 by Howard Bashman



In same-sex marriage-related news and commentary: The Rocky Mountain News reports today that "Allard to revive marriage measure; Proposed ban on same-sex unions to be reintroduced."

The Oregonian today contains an article headlined "Legislators take aim at bias against gays; After Oregonians reject same-sex marriage, some say it's time to stop anti-gay discrimination."

And The Toledo Blade today contains an editorial entitled "The amendment strikes back."
Posted at 15:50 by Howard Bashman



"Prisoner sues for right to sex change; Inmate who gets hormone therapy wants state to pay for genital surgery": This article appeared yesterday in The Milwaukee Journal-Sentinel.
Posted at 15:45 by Howard Bashman



"Repeal of 'Woman Slander' Law Sought": The AP offers a report from Olympia, Washington that begins, "Go ahead, call state Sen. Jeanne Kohl-Welles a scurvy wench, a wanton strumpet, a shameless hussy. She probably won't like it, but she doesn't want you to be prosecuted for it." As The New York Times previously noted here, Washington is the only state in which the Governor, both U.S. Senators, and a majority of justices serving on the State's highest court are female. Harvard University President Lawrence H. Summers was unavailable for comment on the proposed repeal.
Posted at 14:54 by Howard Bashman



"Abortion Foes Optimistic at Dawn of Bush 2nd Term": Reuters provides this report. And The Associated Press reports that "Abortion Foes Stage Protest of Roe v. Wade."
Posted at 14:50 by Howard Bashman



"Senators to Press for Gay Marriage Ban": The Associated Press reports here that "Senate supporters of a constitutional amendment banning gay marriage said Monday they intend to press for passage in the new Congress, brushing aside mixed signals from the White House on the issue's importance at the start of President Bush's second term."
Posted at 14:30 by Howard Bashman



The Miami Herald is reporting: Now available online is a news update headlined "U.S. Supreme Court refuses to take up governor's appeal in Schiavo case."

And in Saturday's issue, the newspaper contained an article headlined "Elian protesters' suit to begin; A civil trial against the United States is set to begin Monday in which 12 people claim they were beaten and tear-gassed during the 2000 raid to seize Elian Gonzalez."
Posted at 14:25 by Howard Bashman



Half the job is just showing up: A reader emails, "Don't know if you are aware of this, but the Associated Press has now christened a new court, the court of federal appears." So it seems, as an article headlined "Asa Hutchinson to resign from Homeland Security Department" reports that "Earlier this month, President Bush tapped federal appears court judge Michael Chertoff as his second nominee to head the Homeland Security Department and its 180,000 employees"
Posted at 13:22 by Howard Bashman



A U.S. District Judge should not accept a guilty plea or impose a criminal sentence in his or her robing room, the U.S. Court of Appeals for the Second Circuit has ruled today: You can access today's unanimous ruling, by a five-judge panel that includes a visiting senior judge from the Eighth Circuit, at this link.
Posted at 12:50 by Howard Bashman



"War over judges shouldn't go nuclear": This editorial appeared last Thursday in The Dayton Daily News.
Posted at 12:44 by Howard Bashman



"Ruling throws system for loop; 'Art of lawyering' at center of debate": This article appears today in The News & Observer of Raleigh, North Carolina.
Posted at 12:35 by Howard Bashman



"Ross Execution Stayed": The Hartford Courant provides a news update that begins, "Serial killer Michael Ross' competency will be the subject of a federal court hearing that may delay Wednesday's scheduled execution, a federal judge said today."
Posted at 12:10 by Howard Bashman



"Specter Judiciary Staff Hire Riles Conservatives": Talon News provides this report today.
Posted at 11:04 by Howard Bashman



"Microsoft won't appeal EU ruling on sanctions": Reuters provides this report.
Posted at 11:00 by Howard Bashman



Today's U.S. Supreme Court opinions and Order List: The Supreme Court of the United States issued three opinions in argued cases today along with one per curiam opinion in a case not argued and an Order List.

Today's lengthy Order List, containing 87 pages of United States v. Booker-related GVRs, can be accessed here. The Court granted review in no new cases today.

1. Justice Anthony M. Kennedy issued the opinion for a unanimous Court (with Chief Justice William H. Rehnquist not participating) in Commissioner v. Banks, No. 03-892, and the judgment under review was reversed and the case remanded. You can access the syllabus here; Justice Kennedy's opinion here; and the oral argument transcript here.

2. Justice John Paul Stevens issued the opinion of the Court in Illinois v. Caballes, No. 03-923, and the judgment under review was vacated and the case remanded. You can access the syllabus here; Justice Stevens' opinion here; Justice David H. Souter's dissenting opinion here; Justice Ruth Bader Ginsburg's dissenting opinion here; and the oral argument transcript here. Chief Justice Rehnquist did not participate in the decision.

3. The Court issued a unanimous per curiam opinion dismissing the writ of certiorari as improvidently granted in Howell v. Mississippi, No. 03-9560. You can access the opinion here and the oral argument transcript here.

4. Today's per curiam summary reversal occurred in Bell v. Cone, No. 04-394, a case that originated from the Sixth Circuit. You can access the per curiam opinion here and the concurring opinion of Justice Ginsburg here.

In early press coverage of today's developments at the Court, Gina Holland of The Associated Press reports that "Fla. Loses Appeal in Terri Schiavo Case." The AP's Hope Yen reports that "High Court Orders Review of Sentencings" and "High Court Defers on 'Choose Life' Plates." And The AP reports that "Court OKs Dog Sniff During Traffic Stop."

James Vicini of Reuters, meanwhile, reports that "Supreme Court Upholds Dog Sniffs at Traffic Stops." And Reuters also reports that "Gov. Bush Loses Appeal in Fla. Right-To-Die Case."
Posted at 10:00 by Howard Bashman



"Red State Lawblog": Law Professor Rick Duncan has recently begun this blog.
Posted at 09:54 by Howard Bashman



"By way of the Supreme Court, a death sentence for fair sentencing": Nicholas Stephanopoulos has this essay today in The Yale Daily News.
Posted at 09:44 by Howard Bashman



"Old laws hover over Virginians' bedrooms": This article appears today in The Daily Press of Hampton Roads, Virginia, along with an article headlined "More sex-related legislation under way."
Posted at 09:40 by Howard Bashman



"Going 'Nuclear': The coming incineration of the judicial filibuster." This editorial appears today in The Wall Street Journal.
Posted at 09:35 by Howard Bashman



"How To End Interbranch Warfare On Criminal Sentencing": Stuart Taylor Jr. has this essay in today's issue of National Journal.
Posted at 08:42 by Howard Bashman



"Evolution appeal cites flawed logic; School board in Cobb says judge erred in ruling": This article appeared last Wednesday in The Atlanta Journal-Constitution.
Posted at 08:40 by Howard Bashman



"God and Darwin": This editorial appears today in The Washington Post.
Posted at 08:38 by Howard Bashman



"Why I'm Willing to Defend Hussein; Former Atty. Gen. Ramsey Clark explains his offer to help the deposed dictator": Ramsey Clark has this op-ed today in The Los Angeles Times.
Posted at 08:35 by Howard Bashman



"Democrats prefer election fight at Capitol": The Seattle Times contains this article today.
Posted at 08:30 by Howard Bashman



"Thousands protest Roe v. Wade": This article appears today in The Washington Times.
Posted at 08:28 by Howard Bashman



"Local murder puts state and federal issues before U.S. Supreme Court": The Allentown Morning Call contains this editorial today.
Posted at 07:30 by Howard Bashman



"Mayoral challenge to resume in court; 3 skilled lawyers to debate legalities": This article appears today in The San Diego Union-Tribune.
Posted at 07:28 by Howard Bashman



"Court date nears for monument; Veterans demonstrate in support of displaying Ten Commandments": The Daily Texan contains this article today.

The Lufkin Daily News reports today that "10 Commandments monument coming to Lufkin."

And The Birmingham News yesterday contained an article headlined "Moore: Tyranny an issue in U.S.; Ex-Alabama chief justice takes message to Washington."
Posted at 07:22 by Howard Bashman



"Plan for $140bn fund to break asbestos deadlock": This article appears today in Financial Times. And a related editorial is entitled "Moment of truth."
Posted at 07:20 by Howard Bashman



"Rice and the battles to come; In a sign of assertiveness, Democrats plan hours on the floor Tuesday for opponents of a key Bush nominee": The Christian Science Monitor contains this article today.
Posted at 07:15 by Howard Bashman



Sunday, January 23, 2005
"Students miss ID idea; Dover Area school officials told students about intelligent design, then left": This article appeared last Wednesday in The York Daily Record, along with an article headlined "More parents want to join lawsuit, on district's side."
Posted at 23:15 by Howard Bashman



"Waiting for Roper v. Simmons": The Nation today posted online this essay by Patrick Mulvaney. The U.S. Supreme Court is next scheduled to issue one or more opinions in argued cases at 10 a.m. tomorrow.
Posted at 22:15 by Howard Bashman



"Supreme Court is key to new Bush term": The Independent (UK) contains this article today.
Posted at 22:00 by Howard Bashman



"Roe v. Wade Anniversary: Two Stories." This segment (RealPlayer required) appeared on this evening's broadcast of NPR's "All Things Considered."
Posted at 20:58 by Howard Bashman



"Legal battle pits U.S. attorney vs. judge": This article appeared yesterday in The Chicago Sun-Times. And The Chicago Tribune yesterday reported that "Judge's fight with Fitzgerald boils over; Prosecutor, aides face federal probe."
Posted at 20:54 by Howard Bashman



In news relating to Connecticut's death penalty volunteer: The Chicago Tribune reports today that "Serial killer aims to end execution hiatus."

The Toronto Star contains an article headlined "New England hears executioner's song; With the death penalty rarely carried out in Connecticut, a death-row volunteer scheduled to die Wednesday is a troubling anomaly."

The Boston Globe reports that "Days before execution, killer controls fate."

The Republican of Springfield, Massachusetts today contains articles headlined "Execution puts penalty in spotlight" and "Killer awaits death as 'welcome relief.'"

The Hartford Courant contains articles headlined "More Scrambling On Ross Case; State Supreme Court Meets To Hear Missionary Society's Arguments" and "8 Lives Cut Short: Families, Friends Share Their Memories Of The Young Women Killed By Michael Ross Two Decades Ago." Also, columnist Helen Ubinas has an essay entitled "Ross' Death Won't End It," while columnist Michele Jacklin has an essay entitled "The Big Lie About Capital Punishment."

The Day of New London, Connecticut contains articles headlined "Two Faces Of A Killer; On Eve Of His Execution, Ross Wants The Final Say"; "Church Group Tries To Delay Execution"; and "Car Tip From 'Motorcycle Guy' Led Police Straight To Ross."

The New York Times contains an article headlined "A Sentence Reluctantly Applied."

The New York Daily News contains an article headlined "1st execution in decades; Serial killer is set to die in Conn."

And The Associated Press reports that "Witnesses to teen's abduction were Ross' undoing."
Posted at 13:10 by Howard Bashman



"Stripper conduct code nullified; Judge: City law on lap dances unclear, charges against dancers should be dismissed." Yesterday's issue of The Las Vegas Review-Journal contained this article.
Posted at 13:02 by Howard Bashman



"Abortion foes see window for change": This article appears today in The South Florida Sun-Sentinel.

And The San Francisco Chronicle reports today that "Protesters face off over abortion rights; Dueling marches in San Francisco mark anniversary of Roe vs. Wade."
Posted at 12:55 by Howard Bashman



"Torture Becomes a Matter of Definition; Bush nominees refuse to say what's prohibited; U.S. dilemma is that it wants to disavow abuse but retain leeway in pressuring suspects": The Los Angeles Times contains this article today.
Posted at 10:52 by Howard Bashman



"After 32 Years, Roe Remains a Lightning Rod": This article appears today in The Washington Post.
Posted at 10:50 by Howard Bashman



"The filibuster: Bring back the good ol' days." John Yang has this op-ed today in The Pittsburgh Tribune-Review.
Posted at 10:45 by Howard Bashman



In the January 31, 2005 issue of Newsweek: Michael Isikoff will have a Periscope article headlined "Gonzales: Did He Help Bush Keep His DUI Quiet?"

And another Periscope article is headlined "Affirmative Action: Making the Grade?" The article misspells the last name of UCLA Law Professor Richard Sander.
Posted at 08:00 by Howard Bashman



"Rehnquist's duty": The St. Petersburg Times contains this editorial today.
Posted at 07:54 by Howard Bashman



"Scalia: Faithful live for Christ; Supreme Court justice urges Christians to live fearlessly." This article appears today in The Advocate of Baton Rouge, Louisiana. And the January 31, 2005 issue of Time magazine will contain a newsbrief headlined "Justice Scalia: The Charm Offensive; The Supreme Court Justice is vying for the chief's seat on the bench."
Posted at 07:50 by Howard Bashman



Saturday, January 22, 2005
"Family Ties Playing A Big Role On the Hill; Some Offices Appear Inherited, Not Elected": A front page article appearing tomorrow in The Washington Post contains the following paragraph:
President Bush, who rose to power with a famous political surname, has rewarded several children of his ideological allies. Secretary of State Colin L. Powell's son became chairman of the Federal Communications Commission, Chief Justice William H. Rehnquist's daughter was made inspector general at the Health and Human Services Department, Justice Antonin Scalia's son was appointed to a top job in the Labor Department, and Vice President Cheney's daughter and son-in-law scored prestigious positions in the State and Justice departments.
You can access the complete article at this link.
Posted at 22:33 by Howard Bashman



"The Crafty Attacks on Evolution": Sunday's edition of The New York Times will contain this editorial. And today in The Boston Globe, Kenneth R. Miller had an op-ed entitled "Remove stickers, open minds."
Posted at 22:10 by Howard Bashman



"Affirmative Action Foe Vows to Keep Fighting": This segment (RealPlayer required) appeared on this evening's broadcast of NPR's "All Things Considered." And you can access NPR's complete interview with Ward Connerly at this link (RealPlayer required).
Posted at 20:15 by Howard Bashman



"Activists Mark Roe v. Wade Anniversary": The Associated Press provides this report.
Posted at 19:45 by Howard Bashman



"Ashcroft will pass asylum case to successor; Abused woman from Guatemala in limbo for years": Bob Egelko has this article today in The San Francisco Chronicle.
Posted at 15:28 by Howard Bashman



"Woman Promotes the Right to Go Topless; An attorney crusades to change the law because it treats male and female sunbathers differently; A ruling in a Megan's Law case adds urgency": This article appears today in The Los Angeles Times.
Posted at 15:22 by Howard Bashman



"Courting Disaster: Bush judicial nominees could shake the foundations of environmental law." Grist Magazine recently posted online this essay by Glenn Scherer.
Posted at 15:20 by Howard Bashman



The Hartford Courant is reporting: In today's newspaper, Lynne Tuohy reports that "More Motions Filed Over Ross; As Serial Killer's Execution Date Approaches, Court Challenges Go On In Different Venues." And in other news, "Judge Won't Reverse Jury; Death Sentence Expected For Killer."
Posted at 15:18 by Howard Bashman



"Judge eases curbs on protesters; Bail condition barring the 'Philadelphia Four' from gay events violated rights to free speech, ruling says": The Philadelphia Inquirer contains this article today.
Posted at 15:14 by Howard Bashman



"When a lawyer blows a whistle; The case of an attorney who was fired includes questions about ethical behavior and legal technicalities": This article appears today in The St. Petersburg Times.
Posted at 10:45 by Howard Bashman



"Marylanders' Right to Know": The New York Times contains this editorial today.
Posted at 10:42 by Howard Bashman



"Supreme Court Justice Rehnquist Called to Resign": This article appeared yesterday in The Hilltop of Howard University. And The Associated Press provides a list of "Potential Supreme Court nominees."
Posted at 10:32 by Howard Bashman



In other news from Texas: The Dallas Morning News today contains articles headlined "Judges consider politics behind redistricting; High court had asked panel to reconsider approval of map" and "Farmers insurance refund delayed."

The San Antonio Express-News contains articles headlined "Redistricting fight returns to fed panel" and "Hook 'em Horns of a dilemma."

The Fort Worth Star-Telegram contains articles headlined "Farmers Insurance deal is rejected" and "Mixed signals: Bush's use of UT hand sign causes confusion overseas."

And The Austin American-Statesman reports that "State settlement with Farmers Insurance on hold; Texas appeals court sends $117.5 million deal back for review because no affected homeowner was involved."
Posted at 10:14 by Howard Bashman



In today's edition of The Houston Chronicle: An article reports that "Federal panel hears redistricting concerns; Some charge the population change is not reflected in gerrymandering."

In other news, "Prosecutors appeal Yates order; They say false testimony had no bearing on verdict."

Harvey Rice has articles headlined "Truck driver's trial starts Tuesday; Court rejects his bid for a hearing in smuggling case" and "Smuggling suspect lied, say prosecutors; She changed statements, they say, in answer to a request to withdraw plea."

An article reports that "Insurance settlement gets boot; Court's ruling on Farmers puts refunds on hold."

And in other news, "Norway reads something sinister in 'Hook 'em' sign; Jenna's gesture shocks those who recall it meaning devil worship."
Posted at 10:04 by Howard Bashman



"Michigan appeals court rejects atheist's suit against Boy Scouts; Scout recruiting in schools is secular in purpose, not religious, court says": The Associated Press provides this report on a ruling that the Michigan Court of Appeals issued yesterday. Sixth Circuit nominee Henry W. Saad served on the three-judge panel that decided the case and joined in the unanimous ruling.
Posted at 09:50 by Howard Bashman



"Government loses test of obscenity laws; Case involves films of women being abused": This article appears today in The Pittsburgh Post-Gazette.

The Pittsburgh Tribune-Review reports today that "Judge rules in favor of pornography business."

The Los Angeles Daily News reports today that "'Horror-porn' suit tossed; Federal judge dismisses indictment in closely watched legal case."

And Adult Video News reports that "Extreme Associates Case Dismissed; Obscenity Laws Ruled Unconstitutional" (link not work-safe).

Thursday's ruling of the U.S. District Court for the Western District of Pennsylvania can be viewed at this link. And the U.S. Attorney for the Western District of Pennsylvania yesterday issued this statement concerning the ruling.
Posted at 09:30 by Howard Bashman



Friday, January 21, 2005
"A War the Courts Shouldn't Manage": Today in The Washington Post, Robert H. Bork and David B. Rivkin Jr. have an op-ed that begins, "As speculation mounts about President Bush's nominees to the federal judiciary, and particularly to the Supreme Court, one factor that should be of paramount importance is too often overlooked."
Posted at 23:30 by Howard Bashman



Available online from Newsweek: This afternoon, the magazine posted online a web-exclusive commentary by Eleanor Clift entitled "Bush's Real Legacy: Whether or not the president succeeds in Iraq or with his aggressive domestic agenda, he may be most remembered for reshaping the judiciary."

And on Wednesday, the magazine posted online an essay by Cliff Sloan entitled "Judge vs. Jury: There were a number of oddities about the Supreme Court's ruling on sentencing guidelines."
Posted at 23:25 by Howard Bashman



"The Ghosts of Torture: New attorney general twists the rule of law to which he is 'deeply committed.'" The Village Voice this evening posted online this essay by Nat Hentoff.
Posted at 23:20 by Howard Bashman



The Associated Press is reporting: David B. Caruso has an article headlined "Court Rules Haiti Prisons Aren't Torture" reporting on a ruling that the U.S. Court of Appeals for the Third Circuit issued yesterday.

An article headlined "Texas Court Strikes Down Farmers Settlement" reports on a ruling that the Texas Court of Appeals, Third District, at Austin, issued today.

And in other news:
Posted at 23:00 by Howard Bashman



"Truck deaths defendant's trial to start Tuesday": Harvey Rice of The Houston Chronicle provides this news update.
Posted at 22:48 by Howard Bashman



Available online from law.com: Marcia Coyle reports that "All Eyes on High Court Property Cases; High stakes in trio of 'takings' actions."

And an article reports on "The Short Life of the Feeney Amendment."
Posted at 22:45 by Howard Bashman



"Judge Pryor's Keynote Address": The blog "Ex Post" provides this report from Columbia Law School.
Posted at 22:40 by Howard Bashman



"Federal judge dismisses charges against Calif. porn business": The Associated Press provides this report.
Posted at 22:33 by Howard Bashman



"Landrieu must be fair with Supreme Court issue": Shannen W. Coffin had this essay yesterday in The Shreveport Times.
Posted at 17:12 by Howard Bashman



"Rehnquist Spurs Talk of Court Vacancy": Gina Holland of The Associated Press provides this report.
Posted at 17:10 by Howard Bashman



"'Pump' Judge Gets Popped; Charge former Oklahoma jurist with exposing self on bench": "The Smoking Gun" offers this additional information on the same topic as this post of mine from earlier today.
Posted at 17:00 by Howard Bashman



BREAKING NEWS -- U.S. District Court for the Western District of Pennsylvania declares federal obscenity laws unconstitutional: You can access yesterday's ruling, by U.S. District Judge Gary L. Lancaster, at this link. While the decision purports to invalidate these laws "as applied," the decision appears at first glance to be quite wide-ranging.
Posted at 16:32 by Howard Bashman



U.S. Court of Appeals for the Fifth Circuit denies request for rehearing en banc of the decision granting mandamus against U.S. District Judge Vanessa D. Gilmore in the death penalty prosecution arising from the truck smuggling deaths of nineteen illegal immigrants: The order denying the defendant's petition for rehearing en banc states that none of the Fifth Circuit's active judges asked for a poll on the petition. According to today's article about the case in The Houston Chronicle, "Gilmore was expected to set a trial date today for the driver, who faces the death penalty."
Posted at 16:20 by Howard Bashman



Big win for the pornography industry in federal court in Pittsburgh: The Pittsburgh Post-Gazette offers a news update headlined "Obscenity case dismissed for films showing rapes, killings" that begins, "The Justice Department today lost the first major test case of the federal obscenity laws when a judge in Pittsburgh threw out an indictment of Extreme Associates, a California company that makes films of women being gang-raped, defecated on and having their throats slit. U.S. District Judge Gary Lancaster granted a motion to dismiss filed by Extreme owners Rob Zicari and Janet Romano, who argued that the obscenity statutes as applied in their case violate the constitutional protections of liberty and privacy."

Anyone with an electronic copy of this ruling is invited to email it to me so that I can post it online.
Posted at 16:10 by Howard Bashman



"Canada Challenges Federal Circuit's Patent Decision in BlackBerry Case": The blog formerly known as "Patently Obvious" offers this report and conveniently provides links to the petition for rehearing en banc and the Canadian government's amicus brief in support thereof. (Disclosure: The author of "How Appealing" is a fervent fan of the features and convenience his BlackBerry provides.)
Posted at 15:50 by Howard Bashman



"U.S. Court Rules Against Teva Over Pfizer's Zoloft": Reuters provides this brief report on a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Federal Circuit issued today. The blog formerly known as "Patently Obvious" offers a much more detailed post titled "Pfizer Wins Zoloft® Patent Dispute: Orange Book Listing Does Not Create Reasonable Apprehension of Lawsuit."
Posted at 15:40 by Howard Bashman



Third Circuit grants stay of its mandate in the Solomon Amendment litigation: Yesterday the U.S. Court of Appeals for the Third Circuit granted the federal government's request for a stay of the mandate in the Solomon Amendment litigation. As a result, the Third Circuit's decision declaring the Solomon Amendment unconstitutional won't take effect unless the U.S. Supreme Court either denies review or affirms the Third Circuit's decision.

On January 7, 2005, The Chronicle of Higher Education published an op-ed that that publication asked me to write about the Third Circuit's ruling. The op-ed is entitled "Striking Down the Solomon Amendment on Military Recruiting: A Hollow Victory at the Expense of Our Military," and I have just posted it online at this link.
Posted at 15:22 by Howard Bashman



"Sun not damaged by administration order against 2 writers, governor's lawyers say; Any harm 'undetectable,' federal court filing argues": The Baltimore Sun today contains an article that begins, "The Sun has not been hindered by an Ehrlich administration order barring state employees from talking to a reporter and columnist for the paper, attorneys for the governor argued in papers filed in federal court this week."
Posted at 14:40 by Howard Bashman



"Lawyers for judge, Herald trade charges": The Boston Globe today contains an article that begins, "In a passionate opening statement tinged with emotion, the lawyer for Superior Court Judge Ernest B. Murphy told a Suffolk County jury yesterday that the judge was a man whose life had been damaged by the Boston Herald's false and reckless assault on his reputation."

Earlier this month, The New York Times previewed the case in an article headlined "Judge's Libel Suit Against Paper Proceeds."
Posted at 14:20 by Howard Bashman



Man who sought to destroy by means of a truck bomb Chicago's Dirksen Courthouse, home to both the U.S. District Court for the Northern District of Illinois and the U.S. Court of Appeals for the Seventh Circuit, achieves recusal en masse of the judges serving on those courts: Today's Seventh Circuit ruling, written on behalf of a unanimous three-judge panel by Circuit Judge Richard A. Posner, can be accessed at this link. You can view an image of the Dirksen Courthouse toward the bottom of this web page.
Posted at 14:04 by Howard Bashman



"Abuse of Trust: The POW scandal you haven't yet heard about." John Norton Moore has this jurisprudence essay online at Slate.
Posted at 13:55 by Howard Bashman



The Associated Press is reporting: Now available online are articles headlined:
Posted at 10:30 by Howard Bashman



"Former Judge Charged with Indecent Exposure": Reuters reports, in an article from Oklahoma City, that "A former state judge, who allegedly used a sex toy called a penis pump in court, was charged with three felony counts of indecent exposure by Oklahoma authorities on Thursday." And The Oklahoman reports that "Former Creek County judge faces three felony charges."
Posted at 10:22 by Howard Bashman



"Roe v. Wade": Today's broadcast of NPR's "Morning Edition" contained this segment (RealPlayer required).
Posted at 09:40 by Howard Bashman



"Sentencing and Sensibility": U.S. District Judge Myron H. Thompson has this op-ed today in The New York Times.
Posted at 07:40 by Howard Bashman



"Solomon Case May Face Appeal": This article appears today in The Harvard Crimson. And The Daily Pennsylvanian reported yesterday that "Military officials defend recruiting practices; Armed forces argue that they are simply enforcing U.S. law."
Posted at 07:20 by Howard Bashman



"Governor sets high bar for clemency; Beardslee case indicates standard will be legal insanity": Bob Egelko has this article today in The San Francisco Chronicle. And yesterday, The Sacramento Bee reported that "Beardslee execution is silent, efficient."
Posted at 07:18 by Howard Bashman



"$150M injury ruling tossed; Justices say plaintiffs' diagnoses, exposures different in asbestos suit": The Clarion-Ledger of Jackson, Mississippi today contains this article reporting on a decision that the Supreme Court of Mississippi issued yesterday.
Posted at 07:15 by Howard Bashman



The Indianapolis Star is reporting: Today's newspaper contains articles headlined "Same-sex marriage ban upheld; Indiana court cites the inability of gays to procreate naturally as justification for law" and "Republicans: Amendment still needed."
Posted at 07:11 by Howard Bashman



In news relating to Connecticut's death penalty volunteer: Today in The Hartford Courant, Lynne Tuohy reports that "Ross Court Battles Intensify; Urgent Appeals As Date Nears." And a related article is headlined "State, Protesters Set Limits Of Prison March."

In other coverage, The Day of New London, Connecticut reports that "Protesters, DOC Reach Compromise On Ross Rules; Demonstrations Allowed Up To Prison's Driveway."
Posted at 07:08 by Howard Bashman



"The Supreme Court's Sentencing Guidelines Decision: Its Logic, and Its Surprisingly Limited Practical Effect." FindLaw columnist Edward Lazarus has this essay today.
Posted at 07:07 by Howard Bashman



"City prosecutor opts not to sanction Druid Hills": The Atlanta Journal-Constitution today contains an article that begins, "It's been four weeks since Atlanta Mayor Shirley Franklin asked a city prosecutor to seek a fine of as much as $90,000 against the Druid Hills Golf Club, and so far the club hasn't had to pay anything. City Solicitor Raines Carter said he decided not to cite the private Atlanta club for violating a city law protecting gays from discrimination. He said he elected not to fulfill the mayor's request because the club subsequently sued the city and named him as a defendant."
Posted at 07:05 by Howard Bashman



"When Bloggers Make News; As Their Clout Increases, Web Diarists Are Asking: Just What Are the Rules?" This article (free access provided) appears today in The Wall Street Journal.
Posted at 07:04 by Howard Bashman



"Ailing Rehnquist Administers the Oath of Office; First Public Appearance Since Diagnosis of Thyroid Cancer": Charles Lane has this article today in The Washington Post.

In The Los Angeles Times, David G. Savage reports that "Rehnquist Hailed for Administering Oath."

In The Chicago Tribune, Jan Crawford Greenburg reports that "Rehnquist ailing but determined."

In USA Today, Joan Biskupic reports that "Despite illness, chief justice administers oath."

The Boston Globe reports that "Rehnquist's resolve adds to the drama."

The Washington Times reports that "Frail, determined Rehnquist gives oath."

The Baltimore Sun reports that "Despite cancer, Rehnquist attends; With the chief ill and justices aging, the stage is set for a bitterly partisan fight to fill likely vacancies in Bush's second term."

Newsday reports that "Frail chief justice presides."

And The New York Post reports that "Rehnquist rallies to give oath."
Posted at 06:44 by Howard Bashman



Thursday, January 20, 2005
"Dedicated Legal Partners": Dr. Jeffrey MacDonald -- "the former Green Beret doctor who continues to insist he did not kill his young family nearly 35 years ago" -- is a subject of this article that will appear Friday in The Washington Post.
Posted at 23:40 by Howard Bashman



"Rehnquist's delivery subdued but on cue; As chief justice gives oath a fifth time, cancer keeps future uncertain": Allen Pusey will have this article in Friday's edition of The Dallas Morning News.
Posted at 23:24 by Howard Bashman



"Death-truck defendant wants to withdraw guilty plea": Harvey Rice of The Houston Chronicle provides a news update that begins, "One of the alleged ringleaders of a human smuggling gang blamed for the deaths of 19 immigrants asked a federal judge today for permission to withdraw a guilty plea made eight months ago."
Posted at 23:22 by Howard Bashman



In Friday's edition of The New York Times: Linda Greenhouse will have an article headlined "Ailing Chief Justice Makes Good His Promise."

In news from Texas, "Twist in Smuggling Case Over Complicity in Deaths."

And an article will report that "Top Foe of Affirmative Action Leaves California Regents."
Posted at 23:15 by Howard Bashman



"Spider-Man creator wins big": Newsday today contains an article that begins, "Thwock! Marvel Enterprises received a blow yesterday from a federal judge, who said the company owes Spider-Man creator Stan Lee a superhero-sized cut of its profits."

The New York Times reports today that "Co-Creator of Spider-Man Wins a Share of the Profits."

The Los Angeles Times reports that "Marvel Told to Pay Stan Lee 10% of Profits From Recent Films; Creator of Spider-Man could be entitled to tens of millions of dollars; The clash continues over merchandising deals."

And BBC News reports that "Spider-Man creator wins profits; Spider-Man creator Stan Lee is to get a multi-million dollar windfall after winning a court battle with comic book company Marvel."

You can access Monday's ruling of the U.S. District Court for the Southern District of New York at this link.
Posted at 23:10 by Howard Bashman



"Saudi Ambassador Hails Dismissal as 9/11 Defendant": Reuters provides this report concerning a ruling that the U.S. District Court for the Southern District of New York issued on Tuesday.

In other coverage, The New York Post reported yesterday that "Judge tosses 9/11 kin suits vs. Saudi Arabia."

And BBC News reported that "Saudis cleared from 9/11 lawsuits; A US federal court has dismissed proceedings under which the Saudi government was accused of providing logistical support to al-Qaeda."
Posted at 23:00 by Howard Bashman



"Court Hears Arguments on Government Access to Times Reporters' Phone Records": Adam Liptak has this article today in The New York Times.
Posted at 22:45 by Howard Bashman



"No Speedy Gonzales": That's the title of today's today's papers feature online at Slate.

The New York Times reports today that "Senate Panel Delays Vote on Gonzales."

The Los Angeles Times reports that "Cabinet Votes Stall in Senate; Democrats delay the expected confirmations of Rice and Gonzales; Party leaders cite questions over the Iraq war and prisoner abuse."

And The Washington Post contains an article headlined "In 2nd Term, No Doubt About It; Bush and His Cabinet Nominees Concede and Explain Little."
Posted at 22:40 by Howard Bashman



Available online from law.com: An article reports that "Canada Wants Voice in BlackBerry Battle."

In news from California, "Quinn Emanuel Hires Former Dean of Stanford Law."

And an article headlined "Investors' Failure to Link Merrill's Reports to Losses Is Fatal to Suits" reports on this decision that the U.S. Court of Appeals for the Second Circuit issued today.
Posted at 22:33 by Howard Bashman



"Judicial jackpot": Friday's edition of Financial Times contains an editorial that begins, "Every US president hopes to leave his mark on history by reshaping the Supreme Court."
Posted at 22:25 by Howard Bashman



"Battling cancer, Rehnquist appears vigorous at swearing-in": Stephen Henderson of Knight Ridder Newspapers provides this report.

David G. Savage of The Los Angeles Times provides a news update headlined "Despite Illness, Rehnquist Fulfills Promise."

And this evening's broadcast of NPR's "All Things Considered" contained a segment entitled "Ailing Rehnquist Administers Oath of Office" (RealPlayer required) featuring Nina Totenberg.
Posted at 22:14 by Howard Bashman



A Lott of gaffes: A law professor based in Ohio emails:
Actually, Senator Lott managed two errors in about three sentences. Not only did he err on the Chief Justice's title, he then referred to the Chief Justice as "Justice Rehnquist." During oral arguments the Chief Justice has been known to snap at hapless lawyers who make the same error. Doubtless the Chief Justice was tempted to whack Senator Lott with his cane as he walked past.

And perhaps I am too demanding, but surely introducing the Chief Justice was not exactly a last-minute addition to the program, forcing Senator Lott to wing it? How many times has someone introduced the Chief Justice? Surely someone could have blown the dust off an old script, crossing out, say, "Fred Vinson" or "Harlan Fiske Stone" or "Morrison R. Waite" and putting in "William H. Rehnquist." Jeez.
My earlier coverage of this matter can be accessed here and here.
Posted at 21:15 by Howard Bashman



"Reid backs off his criticism of Thomas; Senator charges Bush creating crisis to reform Social Security, attacks Iraq policy": Monday's issue of The Las Vegas Review-Journal contained an article that begins, "Senate Democratic leader Harry Reid of Nevada backed off critical remarks of a U.S. Supreme Court justice during a national television interview aired Sunday, and he accused President Bush of manufacturing a crisis on Social Security. Appearing on ABC's 'This Week' with George Stephanopoulos, Reid acknowledged he should not have called Justice Clarence Thomas 'an embarrassment' to the high court."
Posted at 21:12 by Howard Bashman



"Post-Roe Postcard": Writing from Jackson, Mississippi, Sharon Lerner has this essay online at The Nation.
Posted at 21:05 by Howard Bashman



In the January 31, 2005 issue of The New Republic: Law Professor Jeffrey Rosen has an essay entitled "Breyer Review: The Supreme Court's new decision giving judges more control over sentencing is a triumph; Let's hope judges don't screw it up."

And an editorial is entitled "Twist My Arm: Alberto Gonzales, torture, and what Bush doesn't understand about the war on terrorism."
Posted at 20:50 by Howard Bashman



"Court upholds state's gay marriage ban": The Indianapolis Star offers a news update that begins, "An Indiana appellate court panel ruled unanimously today there is no constitutional right for same-sex couples to marry. In a long-awaited ruling, the Indiana Court of Appeals said the proper forum for pursuing such a right is the Indiana General Assembly." Today's ruling of the Court of Appeals of Indiana can be accessed here (HTML) and here (PDF).
Posted at 15:32 by Howard Bashman



In re "blah blah testing yahoo": That's the case name currently present in the listing of "Opinions Issued Today" on the web site of the U.S. Court of Appeals for the Eleventh Circuit.

Update: Someone in the know at the Eleventh Circuit emails:
Howard, I wanted to drop you a quick note in reference to In re "blah blah testing yahoo". The court is in the process of adding a new database for unpublished opinions and a web programmer made a mistake in a script during testing and posted the test opinion to our published opinions instead. The test data has already been removed from the published opinion web site. Thanks for bring this to my attention.
I'd agree that "blah blah testing yahoo" is an accurate description of many unpublished opinions these days.
Posted at 15:05 by Howard Bashman



This is a photo of Chief Justice William H. Rehnquist at today's inauguration: By contrast, this, despite The AP's insistence to the contrary, is not. And for those looking for a photo containing all eight Associate Justices at today's swearing-in ceremony, here you go.
Posted at 14:45 by Howard Bashman



"'Roe' urges court to vacate landmark decision": This article appeared yesterday in The Washington Times. And The Associated Press is reporting that "High Court Asked to Overturn Roe v. Wade." The petition for writ of certiorari can be viewed at this link.
Posted at 14:44 by Howard Bashman



"The Chief Justice at the inaugural": Lyle Denniston has this post at "SCOTUSblog." Reuters reports that "Ailing Chief Justice, Looking Frail, Swears in Bush." And Gina Holland of The Associated Press reports that "Rehnquist Swears in Bush Despite Illness."
Posted at 14:32 by Howard Bashman



Justices' skullcaps: A reader emails that "I heard a few of the network anchors sounding perplexed about the caps." See also this post at "Betsy's Page." Back in August 2002, I posted "An update on those U.S. Supreme Court skullcaps."
Posted at 14:24 by Howard Bashman



Payback time? At his recent joint appearance with Justice Antonin Scalia, Justice Stephen G. Breyer joked that people who recognize him in public often think he is Justice David H. Souter. Today, The Associated Press in the caption to this photograph identifies Justice Souter as Justice Breyer. Also, the caption omits mention of Justice John Paul Stevens, whose face is visible in the photo.
Posted at 13:15 by Howard Bashman



Photos: Via Yahoo! News, you can view here and here photos of Chief Justice William H. Rehnquist at today's inauguration ceremony. And a photo of several other Justices present for the ceremony can be viewed at this link.
Posted at 12:22 by Howard Bashman



Chief Justice William H. Rehnquist has just administered the presidential oath of office: Chief Justice Rehnquist's voice sounded a bit different than before -- higher, perhaps -- but as always he performed his role in the ceremony flawlessly, even after again being referred to by Senator Lott as "Chief Justice of the Supreme Court of the United States."
Posted at 11:57 by Howard Bashman



Chief Justice William H. Rehnquist has just walked to the podium to administer the oath of office to President Bush: Senator Trent Lott (R-MS), serving as moderator of today's inauguration ceremony, introduced Chief Justice Rehnquist as "Chief Justice of the Supreme Court of the United States," which of course isn't Rehnquist's actual title. The actual title is Chief Justice of the United States. Now a song is being sung, so the actual swearing-in is still a few moments away.

Update: First, Vice President Cheney has been sworn-in for a second term. And now, another song.
Posted at 11:43 by Howard Bashman



"Guards: State lied to justices; Prisons: Segregation is far more pervasive than the U.S. Supreme Court was told, they say." Yesterday's edition of The Press-Enterprise of Riverside, California contained an article that begins, "Correctional officers say state officials have lied to the U.S. Supreme Court about racial segregation in California prisons. One correctional officer filed a whistleblower's complaint in December with the California state auditor, asking for an official investigation."
Posted at 11:20 by Howard Bashman



"Distorting The Law And Facts In The Torture Debate": Stuart Taylor Jr. has this essay in this week's issue of National Journal.
Posted at 10:30 by Howard Bashman



Super but not super-duper: While I was sitting in a conference room in Tampa, Florida on Tuesday morning, my BlackBerry buzzed, alerting me to the arrival of an email that begins:
I'm wondering if we could interview you for a story to appear in the second edition of our magazine, Pennsylvania Super Lawyers? If you're not familiar with the magazine I'd be happy to send you a copy of last year's edition. It's a magazine that goes to every lawyer in the state and features a list of those who have been selected by their peers as a Super Lawyer. We feature eight or nine lawyers in articles -- last year we wrote about lawyer/thespian Tom Kline, former Eagles Court judge Seamus McCaffery and Watergate prosecutor Joe Connolly, among others.
The magazine is due out in June 2005, so stay tuned.
Posted at 10:15 by Howard Bashman



"At Lunch with John Grisham: The Lawyer Enters a Plea of Lucky." This article appeared yesterday in The New York Times.
Posted at 09:10 by Howard Bashman



Isn't that special? The web site of the U.S. Court of Appeals for the Second Circuit states that yesterday "The Second Circuit issued a special stay order following the US Supreme Court's decision in Booker and Fanfan." You can access the order at this link.
Posted at 09:09 by Howard Bashman



Are inmates who work at a state prison owned by the Corrections Corporation of America covered by the minimum wage provision of the Fair Labor Standards Act? Yesterday a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit, in an opinion by Circuit Judge Richard A. Posner, answered "no."
Posted at 09:02 by Howard Bashman



On the agenda: According to C-SPAN, Chief Justice William H. Rehnquist is scheduled to administer the oath of office to President Bush today at 11:30 a.m. eastern time today. If all goes as planned, this will be the first time that Chief Justice Rehnquist has taken part in a public event since October 2004.
Posted at 07:30 by Howard Bashman



"Art collection set for relocation; World renowned Barnes Foundation to leave Merion, Pa., despite founder's dying wish": This article appeared yesterday in The Daily Pennsylvanian.
Posted at 07:28 by Howard Bashman



"Responding to Evidence that Race-Based Law School Affirmative Action May Actually Hurt African-Americans: Part Two in a Series On a Law Professor's Controversial Claim." FindLaw columnist Vikram David Amar has this essay today.
Posted at 07:25 by Howard Bashman



"Cell Tower Case Beamed to High Court; The justices will decide whether cities must pay damages for blocking expansion of wireless phone networks": David G. Savage has this article today in The Los Angeles Times.
Posted at 07:22 by Howard Bashman



"Mood dampened for conservatives; Bush won't press gay marriage issue": This article appears today in The Boston Globe.
Posted at 07:20 by Howard Bashman



"Detainees Lose Bid For Release; Ruling Keeps 7 in Guantanamo Prison": Charles Lane and John Mintz have this article today in The Washington Post, which is also reporting that "Travel Logistics Delay Detainee's Repatriation; Australian Not Being Allowed to Use U.S. Airspace."

The Chicago Tribune today contains an article headlined "Lawyer: Abuse at Guantanamo hasn't stopped."

USA Today reports that "Judge throws out challenges by detainees."

BBC News reports that "Judge dismisses Guantanamo suit; A US judge has dismissed a lawsuit by seven detainees at the Guantanamo Bay military base who sought to challenge the legality of their detention."

And Reuters reports that "U.S. Judge Dismisses Cases by 7 Guantanamo Prisoners."

Yesterday's ruling of the U.S. District Court for the District of Columbia can be accessed at this link.
Posted at 07:12 by Howard Bashman



"Right to reject gay rites gets 1st OK; U.S. judge upholds Florida's refusal of Massachusetts law": Bob Egelko has this article today in The San Francisco Chronicle.

The Boston Globe reports that "Judge in Fla. won't accept gay couple's Mass. wedding."

The St. Petersburg Times reports that "Federal judge throws out Florida couple's same-sex marriage suit."

And The Tampa Tribune reports that "Ruling Voids Gay Marriage."

Yesterday's ruling of the U.S. District Court for the Middle District of Florida can be accessed at this link.
Posted at 07:04 by Howard Bashman



"Request to block inaugural prayer denied": This article appears today in The Washington Times.

The Houston Chronicle reports that "Atheist tries, fails to block prayer today."

And The Sacramento Bee today contains an editorial entitled "Inaugural prayer: Why not? It is, and should be, the president's choice."
Posted at 07:00 by Howard Bashman



"Rehnquist's presence may be symbolic; His swearing-in of President Bush may turn some focus to possible changes on bench": Patty Reinert has this article today in The Houston Chronicle.

Today in Financial Times, Patti Waldmeir reports that "Bush reshaping of Supreme Court could usher in profound changes."

And The Associated Press reports that "Rehnquist to Swear in Bush Despite Illness."
Posted at 06:44 by Howard Bashman



Wednesday, January 19, 2005
Chief Justice William H. Rehnquist doth protest too much: That's the thesis of an op-ed written by David Davenport and Gordon Lloyd published today in The Washington Times.
Posted at 23:25 by Howard Bashman



"Sentences That Fit the Criminal": This editorial appears today in The Los Angeles Times.

Today in The Houston Chronicle, columnist Rick Casey has an essay entitled "Sex, power and perfidy: a moral tale."

And this past Sunday in The Providence Journal, columnist Philip Terzian had an essay entitled "Mandatory minimum confusion."
Posted at 23:22 by Howard Bashman



Ten Commandments news: From Maryland, WBAL-TV 11 reports that "Arguments Complete In Ten Commandments Lawsuit; Judge To Rule On Case In February." The Frederick News-Post yesterday previewed the case in an article headlined "Hearing begins on park display: Tempest over Ten Commandments."

From South Carolina, The Associated Press reports that "Bill allowing Ten Commandments displays clears panel."

And from Crawfordsville, Indiana, The Journal Review reports that "County looks to reinstall 10 Commandments monument."
Posted at 23:20 by Howard Bashman



"The bobblehead of the class": This article appears today in The Bennington Banner.
Posted at 23:18 by Howard Bashman



"Two big-name law firms end a nasty legal fight; Andrew J. Stern will leave the Beasley Firm for Kline & Specter; The firms had fought over the departure": L. Stuart Ditzen has this article today in The Philadelphia Inquirer. And The Philadelphia Daily News reports today that "Feuding law firms reach an agreement."
Posted at 23:15 by Howard Bashman



"Court Takes Up Cell-Phone Tower Dispute": David G. Savage of The Los Angeles Times provides this news update.
Posted at 23:14 by Howard Bashman



In Thursday's issue of The New York Times: Linda Greenhouse will have an article headlined "Justices Ask if Primaries Are State or Party Business."

Neil A. Lewis will have an article headlined "Federal Judge Deals Setback to Guantanamo Bay Detainees."

And in other news, "Conservatives Pick Soft Target: A Cartoon Sponge."
Posted at 23:10 by Howard Bashman



"Court reinstates Louisiana's anti-gay marriage amendment": The AP offers this report about a ruling that the Supreme Court of Louisiana issued today.
Posted at 23:05 by Howard Bashman



"Federal judge in Tampa upholds U.S. Defense of Marriage Act": The Associated Press provides this report concerning a ruling that the U.S. District Court for the Middle District of Florida issued today.
Posted at 23:00 by Howard Bashman



Available online from law.com: An article is headlined "Handicapping Bush's Judicial Nominations: The White House is daring Democrats to block its 12 appeals court nominees; But will they?"

In other news, "2nd Circuit Rebuffs Ex-Defendant's Bad-Faith Claim."

In news from Pennsylvania, Shannon P. Duffy reports that "Retrial Bumps $1.3 Million Punitive Award to $30 Million."

And an article reports that "Calif. Court Finds Lawyer Can Be Sued for Press Release."
Posted at 22:45 by Howard Bashman



"Ailing Chief Justice in No Rush to Go: For months, Washington has buzzed with rumors of William Rehnquist's retirement from the Supreme Court; But insiders think he could stay through at least June." Newsweek offers this web exclusive by Debra Rosenberg.
Posted at 22:42 by Howard Bashman



In today's issue of The Hill: An article reports that "Frist aims nuke at the Dems." And a related editorial is entitled "The Senate's cold war."
Posted at 20:42 by Howard Bashman



"Sweeping victory for government on detainees": At "SCOTUSblog," Lyle Denniston offers this report on a ruling that the U.S. District Court for the District of Columbia issued today.
Posted at 20:40 by Howard Bashman



Atheist Michael A. Newdow extends his losing streak at the U.S. Supreme Court: Reuters, in an article headlined "Atheist Loses Bids to Stop Inaugural Prayers," reports that "Two U.S. Supreme Court members separately rejected on Wednesday an emergency request from a California atheist who sought to stop the recital of prayers at President Bush's inauguration." In other coverage, The Associated Press reports that "Atheist Loses Bid to Ban Inaugural Prayer." And Bloomberg News reports that "Two Justices Refuse to Block Prayers at Inauguration."
Posted at 20:30 by Howard Bashman



"Senate panel postpones vote on Gonzales": This article will appear in Thursday's edition of The Dallas Morning News. Today that newspaper contains an article headlined "Gonzales offers senators little new on policy role."

In other coverage, The Los Angeles Times provides a news update headlined "Democrats Force Delay on Gonzales Vote." Jesse J. Holland of The Associated Press reports that "Vote Delayed on Attorney General Nominee." And Bloomberg News reports that "Democrats Force Delay in U.S. Senate Gonzales Vote."
Posted at 20:10 by Howard Bashman



"Ailing Rehnquist a reminder of battle to come": Jan Crawford Greenburg will have this article Thursday in The Chicago Tribune.
Posted at 20:04 by Howard Bashman



Programming note: My wife's grandfather passed away Monday night at the age of 95. Because the funeral is today, the next update here is unlikely to appear until sometime tonight.
Posted at 09:10 by Howard Bashman



In today's edition of The Denver Post: An editorial is entitled "Chief justice back in spotlight." And columnist Al Knight has an essay entitled "Evolving nature of the court."
Posted at 07:00 by Howard Bashman



"Pryor awaits high court ruling; Dems had challenged his recess appointment to federal judgeship": This article appears today in The Crimson White.
Posted at 06:58 by Howard Bashman



"Backers of old seal 30% of way to forcing issue to election": The Los Angeles Daily News today contains an article that begins, "Critics of a new county seal have collected at least 30 percent of the voters' signatures they need by March 1 to force an election, their leaders told the Los Angeles County Board of Supervisors on Tuesday."
Posted at 06:55 by Howard Bashman



"Preacher plans to watch his wording this time; 'Amen' stoked critics of the 2001 Bush inauguration": The Houston Chronicle contains this article today. And today in The Providence (R.I.) Journal, columnist Philip Terzian has an essay entitled "So help him, God."
Posted at 06:54 by Howard Bashman



"Law school dean to resign; McAllister to stay on KU faculty": This article appears today in The Lawrence (Kan.) Journal-World.
Posted at 06:45 by Howard Bashman



"The Use of Foreign Law in American Constitutional Interpretation: A Revealing Colloquy Between Justices Scalia and Breyer." FindLaw columnist Michael C. Dorf has this essay today.
Posted at 06:32 by Howard Bashman



"Donald Beardslee executed; Killer put to death at San Quentin": The San Francisco Chronicle contains this article today, along with an article headlined "A chill in the air amid death penalty protest; Demonstrators rally outside San Quentin to assail execution."

The San Mateo Daily Journal today contains articles headlined "Killer put to death" and "Victim's family looks for closure."

The San Jose Mercury News reports that "Peninsula double killer executed at San Quentin; Governor, U.S. High Court deny Beardslee's last plea for mercy."

The Los Angeles Times reports that "California Executes Confessed Murderer."

David Kravets of The Associated Press reports that "California executes man who killed two women over drug deal."

And Reuters reports that "California Executes First Inmate in Three Years."
Posted at 06:24 by Howard Bashman



"Battle over military recruiting continues; Justice Department appeals decision on Solomon Amendment": This article appeared yesterday in The Daily Pennsylvanian. And The Yale Daily News reports today that "Students await decision on JAG."
Posted at 06:20 by Howard Bashman



In news from the U.S. Supreme Court: Michael McGough of The Pittsburgh Post-Gazette reports today that "Pa. man appeals death sentence to Supreme Court; Says jury never told life in prison means no parole." And The Allentown Morning Call reports that "Supreme Court hears Valley execution case; Ronald Rompilla's 1988 trial lawyers failed to check for mitigating evidence, justices are told; And judge refused to tell jury if parole was possible for a lifer."

In other news, The Christian Science Monitor today contains an article by Warren Richey headlined "Court puts off Guantanamo war-crimes case; Supreme Court declines to take up the case involving Osama bin Laden's driver, delaying several trials." And The Washington Times reports that "Expedited ruling denied for bin Laden's chauffeur."
Posted at 06:14 by Howard Bashman



"Supreme Court To Break Up If Rehnquist Leaves": Today's issue of The Onion contains this article. The newspaper also contains a "What Do You Think?" feature entitled "Georgia's Evolution Stickers."
Posted at 06:05 by Howard Bashman



Tuesday, January 18, 2005
"'Jane Roe' Wants High Court to End Abortion": FOXNews.com provides this report.
Posted at 23:45 by Howard Bashman



"Torture by U.S. Personnel Illegal, Gonzales Tells Senate": This article will appear Wednesday in The Washington Post.

Wednesday's edition of The New York Times will report that "Gonzales Says '02 Policy on Detainees Doesn't Bind C.I.A."

Today at National Review Online, Douglas W. Kmiec has an essay entitled "A Tortured Issue: Sorting through the Gonzales confusion."

At the blog "Balkinization," Marty Lederman this evening has a post entitled "Judge Gonzales' Senate Responses."

The Senate Judiciary Committee is scheduled to vote on the nomination of Alberto R. Gonzales to serve as Attorney General of the United States at tomorrow morning's executive business meeting. Once the Judiciary Committee approves the nomination, the full U.S. Senate can vote to confirm.
Posted at 23:15 by Howard Bashman



The Associated Press is reporting: Gina Holland reports that "High Court Sidesteps Guantanamo Bay Case."

Hope Yen reports that "Atheist Asks Court to Ban Inaugural Prayer" and "High Court Hears Pa. Death Row Appeal."

And in other news, "High Court Won't Review Gay Soldier Case" and "High Court Declines Drinking Test Case."
Posted at 23:10 by Howard Bashman



"Last reprieve for Beardslee? Clemency and appeals are denied, but lawyers seek 120-day reprieve." Bob Egelko of The San Francisco Chronicle provides this news update. The Los Angeles Times provides a news update headlined "Beardslee Clemency Denied." Wednesday's edition of The New York Times will contain an article headlined "Late Efforts to Halt Execution in California Fail." And David Kravets of The Associated Press reports that "Schwarzenegger Denies Clemency to Killer."
Posted at 23:08 by Howard Bashman



"Cobb school board to appeal evolution ruling": The Atlanta Journal-Constitution today contains an article that begins, "As if taking a federal judge's ruling against them as fighting words, the Cobb County school board voted Monday to appeal a court order to remove evolution disclaimers from textbooks."
Posted at 23:04 by Howard Bashman



"Souter has demonstrated a credible claim of actual innocence": U.S. Supreme Court Justice David H. Souter is not the Souter who is the habeas petitioner in this decision that the U.S. Court of Appeals for the Sixth Circuit issued today.
Posted at 22:35 by Howard Bashman



"Slate's Jurisprudence: Limiting Tenure for Judges." Today's broadcast of NPR's "Day to Day" contained this segment (RealPlayer required) featuring Dahlia Lithwick.
Posted at 22:25 by Howard Bashman



"Supreme Court weighs fate of Pennsylvania death row inmate": Stephen Henderson of Knight Ridder Newspapers provides this report.

This evening's broadcast of NPR's "All Things Considered" contained a segment entitled "High Court Hears Debate on Death Penalty Process" featuring Nina Totenberg.

And on Sunday, The Philadelphia Inquirer contained an article headlined "Killer's fate rests with Supreme Court; After 16 years on Pennsylvania's death row, an inmate is approaching the end of the appeals process."
Posted at 22:20 by Howard Bashman



"To Die For? Dying for the lack of a good lawyer." Dahlia Lithwick has this Supreme Court dispatch online at Slate.
Posted at 22:18 by Howard Bashman



"Controversial Court: Spencer Michels profiles the controversial 9th U.S. Circuit Court of Appeals." This segment (transcript with link to video) appeared on yesterday's broadcast of the PBS program "The NewsHour with Jim Lehrer."
Posted at 22:15 by Howard Bashman



Tony Mauro is reporting: Online at law.com, he has articles headlined "Justices Debate Lawyer Diligence in Capital Case"; "High Court Says No to Accused Terrorist"; and "Supreme Court Justices Asked to 'Choose Life'; South Carolina wants high court to hear case in which 4th Circuit forbade use of the phrase on license plates."
Posted at 22:11 by Howard Bashman



On the agenda: The Supreme Court of the United States is expected to issue an Order List this morning. Once the Court posts the list online, it should be available at this link. And "SCOTUSblog" likely will provide full coverage of today's developments at the Court. My day job has me in Tampa, Florida today, where I will be away from the internet for most of the rest of the day. When I return home tonight, I'll summarize today's developments of note from the U.S. Supreme Court.
Posted at 07:10 by Howard Bashman



"Parent sues school district; He says his civil rights were violated when he tried to change evolution teachings": This article appeared Sunday in The Sacramento Bee.
Posted at 07:08 by Howard Bashman



"Changes sought in husband-wife 'privilege' law; Revisions would be helpful in 2 types of cases, prosecutors say": The Seattle Post-Intelligencer contains this article today.
Posted at 07:04 by Howard Bashman



"Mandatory sentences no more; Restoring 6th Amendment's respect for judges, juries": This editorial appears today in The Daytona Beach News-Journal.

The Fort Worth Star-Telegram contains an editorial entitled "Allowing for leeway."

Today in The Boston Globe, columnist Thomas Oliphant has an op-ed entitled "Sound judgments."

In The Washington Times, Bruce Fein has an op-ed entitled "Mandatory sentencing frustrated."

And today in The New York Daily News, Errol Louis has an essay entitled "Justice & mercy reunited."
Posted at 07:00 by Howard Bashman



"Judges will be crucial to Bush": This article appears today in The Messenger of Troy, Alabama.
Posted at 06:50 by Howard Bashman



Lawyer seeks to be paid $810 per hour for performing pro bono work: Yesterday in The San Francisco Chronicle, columnists Phillip Matier and Andrew Ross had an essay entitled "Public-interest lawyers cash in on classroom suits."
Posted at 06:45 by Howard Bashman



"Battle brewing over addition of plaintiff to lawsuit against PUSD": The North County Times of San Diego County, California today contains an article that begins, "Attorneys for the Poway school district want a federal judge to prohibit a teenager from adding her name to the lawsuit her older brother filed after he was suspended for wearing anti-gay messages to school."
Posted at 06:40 by Howard Bashman



"Atheist takes inaugural complaint to high court": The Washington Times contains this article today. And The Orlando Sentinel today contains an essay by David C. Steinmetz entitled "Ban religion from public square?"
Posted at 06:30 by Howard Bashman



"Job puts Allen close to president; He's called complex, driven": This article profiling former Fourth Circuit nominee Claude A. Allen appears today in The News & Observer of Raleigh, North Carolina.
Posted at 06:20 by Howard Bashman



In today's edition of The Los Angeles Times: Henry Weinstein reports that "U.S. Charges Law Partnership With Age Bias; In a class-action suit, antidiscrimination agency says one of the nation's oldest firms broke the law by forcing out 32 older lawyers."

And in other news, "Released Louisiana Man Is in Seclusion After Threats; Wilbert Rideau, out of prison after 44 years, has received hostile e-mails, his attorneys say."
Posted at 06:14 by Howard Bashman



"Court Upholds 'Only' $220 Million For Lawyers in Visa, MasterCard Suit": Josh Gerstein has this article today in The New York Sun.
Posted at 06:00 by Howard Bashman



Monday, January 17, 2005
The Hartford Courant is reporting: Today's newspaper contains articles headlined "Execution Process Is Heavily Scripted By State; Activity Begins Long Before Ross Is Strapped To Gurney" and "Execution Drugs Are Borrowed From The Healers' Catalog Of Powerful Life-Saving Medicines." A related graphic can be accessed here in PDF format.
Posted at 23:10 by Howard Bashman



"California's Death Penalty Lie": This editorial appears today in The Los Angeles Times.
Posted at 23:04 by Howard Bashman



"Land-use lawsuit invokes anti-favoritism clause; A Measure 37 challenge relies on the intent of 19th-century law, putting the property-rights case in conflict with gay-rights views": This article appeared Saturday in The Oregonian.
Posted at 23:02 by Howard Bashman



"Va. focus of battle over gay marriage": Yesterday's edition of The Boston Globe contained this article.
Posted at 23:00 by Howard Bashman



"ACLU drops lawsuit; Other Webb City students asked if they want to continue suit over T-shirt, organization says": The Joplin (Mo.) Globe on Saturday contained an article that begins, "A former Webb City High School student has dropped a lawsuit he brought against the school district for prohibiting his gay-pride T-shirts, a spokeswoman for the American Civil Liberties Union said Friday. Brad Mathewson, 16, and his legal team pulled the suit after Mathewson dropped out of school, said Chris Hampton, an ACLU spokeswoman."
Posted at 22:55 by Howard Bashman



"Bland Justice: The Supreme Court, now as ever, follows the national consensus." Online at Slate, Law Professor Jeffrey Rosen today has this review of Law Professor Mark Tushnet's book, "A Court Divided: The Rehnquist Court and the Future of Constitutional Law."
Posted at 22:50 by Howard Bashman



In Tuesday's edition of The New York Times: Adam Liptak will have an article headlined "Judges' New Leeway In Passing Sentence May Change Little."

And in news from California, "Lawyers Cite Killer's Brain Damage as Execution Nears."
Posted at 22:40 by Howard Bashman



"Prayer and the Presidential Inauguration": At "SCOTUSblog," Tom Goldstein reports here that "We've learned that tomorrow Michael Newdow will apply in the Supreme Court for an injunction against the prayer at the inauguration." Yesterday, I posted here the D.C. Circuit's order rejecting Michael A. Newdow's request for an injunction prohibiting the inclusion of prayers by invited clergy -- in the form of an invocation and benediction -- at the upcoming Presidential Inauguration.
Posted at 22:24 by Howard Bashman



Greetings from Tampa, Florida: After a wonderful dinner at one of my favorite restaurants in Tampa, blogging will now resume.
Posted at 22:20 by Howard Bashman



Programming note: My day job requires my presence tomorrow in Tampa, Florida, and as a result I'll be in transit through this evening. The hotel where I am staying purports to have internet access, so it is possible that new posts will appear tonight and tomorrow morning. I'm scheduled to return home Tuesday night, when regular programming is likely to resume.
Posted at 12:00 by Howard Bashman



"Blinkered: Malcolm Gladwell's Blink is a parade of poorly understood yarns." The January 24, 2005 issue of The New Republic contains Seventh Circuit Judge Richard A. Posner's review of Malcolm Gladwell's new book, "Blink: The Power of Thinking Without Thinking." You can access the entire review by clicking here.
Posted at 11:55 by Howard Bashman



Available online from Townhall.com: Robert Novak has an essay entitled "Unyielding Chertoff."

And Maggie Gallagher has an essay entitled "Marriage and adoption law."
Posted at 11:50 by Howard Bashman



Three interesting recent posts from the "Blue Mass. Group" blog: The posts are titled "Another reason why Bush will never name Richard Posner to the Supreme Court"; "Clarence Thomas, God, and the Constitution"; and "Scalia v. Breyer."
Posted at 11:40 by Howard Bashman



"For detainees, years of inequality reversed; After 25 years and multiple legal battles, Mariel detainees have achieved equal protection under the law in a historic Supreme Court ruling": The Miami Herald contains this article today.
Posted at 11:35 by Howard Bashman



"Children may have to testify in court; A Supreme Court decision means young victims might have to confront defendants": This article appears today in The Orlando Sentinel.
Posted at 11:33 by Howard Bashman



"Mrs. Bush to miss tea time with Ten Commandments judge": The Associated Press provides this report.

The Mobile Register reports today that "Inaugural tea to feature Roy Moore."

And from Maryland, The AP reports that "Ten Commandments Case Goes to Court Tuesday."
Posted at 11:22 by Howard Bashman



"On Gonzales, Kennedy Breaks With Colleagues": This article appears today in The Washington Post.
Posted at 11:18 by Howard Bashman



"Santorum in cross hairs for 2006 election; Democrats see high-profile chance to snatch Senate seat": The Pittsburgh Post-Gazette contains this article today.
Posted at 11:15 by Howard Bashman



"U.S. judge feels freed from shackles of sentencing guidelines; Judge Ernest C. Torres welcomes the greater discretion in sentencing that comes with last week's Supreme Court ruling, but he suspects it may not last": This article appears today in The Providence Journal.

The Rochester Democrat and Chronicle reports today that "Ruling may alter sentences; Supreme Court decision casts doubt on some federal cases."

The Times Leader of Wilkes-Barre, Pennsylvania reports today that "Sentencing ruling's impact unclear; Mandatory application of guidelines being struck down by high court is mixed bag for defendants, say attorneys."

In commentary, The Salt Lake Tribune today contains an editorial entitled "Checks and balances."

The Providence Journal contains an editorial entitled "Judges and juries."

The Morning Call of Allentown, Pennsylvania contains an editorial entitled "Give federal judges a chance to work with 'optional' guidelines."

The Seattle Post-Intelligencer contains an editorial entitled "Judicial discretion."

Finally, from St. Louis, The Post-Dispatch on Thursday contained an article headlined "Defense lawyers applaud ruling; Federal prosecutor says his office is 'prepared to live with' decision." And that newspaper on Saturday contained an editorial entitled "Fairer sentencing."
Posted at 11:02 by Howard Bashman



On the agenda: The U.S. Supreme Court and most federal and state appellate courts are officially closed for business today in observation of today's holiday honoring Martin Luther King, Jr. One notable exception is the U.S. Court of Appeals for the Fifth Circuit, which as detailed here doesn't shut down for this or various other federal holidays.
Posted at 11:00 by Howard Bashman



"Claim: Unwed abuse victims left unprotected under Issue 1." The Cleveland Plain Dealer yesterday contained an article that begins, "Ohio's new constitutional amendment aimed at denying special legal rights to gay and unmarried couples also may strip legal protections from thousands of unwed victims of domestic violence."
Posted at 10:40 by Howard Bashman



"Partisan elections threaten judicial neutrality": Alan C. Page, a Justice on the Supreme Court of Minnesota and one of the few jurists of whom a bobblehead doll exists that The Green Bag did not create, has this op-ed today in The Minneapolis Star Tribune.
Posted at 10:33 by Howard Bashman



"Upping the Judicial Ante": This editorial appears today in The New York Times. And The Orlando Sentinel today contains an editorial entitled "Prevent gridlock: Partisan restraint is needed to avoid a logjam on judicial nominees."
Posted at 06:28 by Howard Bashman



"Prima Donnas in Robes": Law Professor Alan M. Dershowitz has this op-ed today in The Los Angeles Times.
Posted at 06:25 by Howard Bashman



Sunday, January 16, 2005
"White House Again Backs Amendment on Marriage": This article will appear in Monday's edition of The New York Times.
Posted at 23:35 by Howard Bashman



"The Becker-Posner Blog" tackles tort reform: Seventh Circuit Judge Richard A. Posner offers these thoughts, and Professor Gary Becker comments here.
Posted at 22:30 by Howard Bashman



"Freed After 44 Years, a Prison Journalist Looks Back and Ahead": Adam Liptak will have this article in Monday's edition of The New York Times. And The Washington Post on Monday will contain a front page article headlined "The Long Road Out of Lake Charles; Wilbert Rideau, Convicted Three Times for a 1961 Killing, Goes Free."
Posted at 22:00 by Howard Bashman



"Local claim astonishes Western attorney": The Finger Lakes Times today contains an article that begins, "Lana Marcussen, an attorney for the Citizens Equal Rights Alliance, is no stranger to Indian land claims. The New Mexico resident has worked on many, including a brief filed in the City of Sherrill vs. Oneida Indian Nation case heard last week by the United States Supreme Court. The thing she can’t understand, she told a packed gymnasium Friday at New York Chiropractic College, is why New York is even involved in Indian land claims because it is one of the 13 original colonies."
Posted at 21:05 by Howard Bashman



"Fool Me Twice, Shame on Me": Today in The Los Angeles Times, Michael Kinsley has an op-ed that begins, "Will President Bush actually have the guts to nominate Clarence Thomas for chief justice of the Supreme Court when that opportunity arises, probably soon?" The same op-ed also appears here today in The Washington Post.
Posted at 21:02 by Howard Bashman



"U.S. justice gives lawyers pep talk": The Atlanta Journal-Constitution today contains an article that begins, "A member of the nation's highest court energized hundreds of lawyers and judges Saturday during dedication of the State Bar of Georgia's fancy new downtown digs. Anthony Kennedy, an associate justice of the U.S. Supreme Court, stressed attorneys' vital function in preserving justice and democracy."
Posted at 21:00 by Howard Bashman



"Poll: Roy Moore choice of GOP voters; Survey shows ousted chief justice with 8-point lead over Riley in hypothetical 2006 gubernatorial primary race." The Mobile Register contains this article today.
Posted at 20:58 by Howard Bashman



"Man of faith: Does the president believe he is God's man in the White House? Or is he just a man trying to do God's will?" This article appears today in The St. Petersburg Times.
Posted at 20:53 by Howard Bashman



"Dem. Leader Eyes Judicial Nominees": The Associated Press provides a report that begins, "The Senate's Democratic leader said Sunday that Republicans 'would rue the day' if they try to make it harder for Democrats to stall judicial nominees who could not get a vote last year."
Posted at 20:50 by Howard Bashman



"Judge for Themselves: Why a Supreme Court ruling on sentencing guidelines puts more power back on the bench." The January 24, 2005 issue of Time magazine will contain this article.

The Denver Post reports today that "Federal judges left wondering how to apply sentence ruling."

The San Antonio Express-News reports today that "Sentencing changes help some."

Monday's edition of The Milwaukee Journal Sentinel will contain an editorial entitled "Remedying an injustice."

The Macon Telegraph today contains an editorial entitled "Mandatory sentencing rejection a wise ruling."

And today in The San Francisco Chronicle, columnist Debra J. Saunders has an essay entitled "When Congress plays judge."
Posted at 20:40 by Howard Bashman



"Relocating the Barnes Raises Hard Challenges": This article appeared yesterday in The New York Times.
Posted at 20:34 by Howard Bashman



Atheist Michael A. Newdow sustains another setback in his effort to prohibit the inclusion of prayers by invited clergy -- in the form of an invocation and benediction -- at the upcoming Presidential Inauguration: The U.S. Court of Appeals for the D.C. Circuit this afternoon entered an order denying Newdow's emergency application for an injunction pending appeal.
Posted at 17:15 by Howard Bashman



"State Close To Extending Its History Of Executions; Connecticut Used To Hang, Then Electrocuted, And Ross Would Be First With A Needle": This article appears today in The Hartford Courant. And Lynne Tuohy has an article headlined "Some Heinous Killers Given Life Sentences," accompanied by this chart (in PDF format).

Meanwhile, The Day of New London, Connecticut reports today that "The Question Of Cruelty Shadows Lethal Injection; Experts debate whether dosage and mixture of drugs used in executions could cause an agonizing death."
Posted at 14:48 by Howard Bashman



"Enigmatic killer down to final days; Unless the governor grants clemency, a troubling saga will end in San Quentin": Bob Egelko has this article today in The San Francisco Chronicle.
Posted at 14:45 by Howard Bashman



"Prop. 209 - a regent's legacy; As Connerly ends 12 years on UC board, he'll take battle on racial preference to Michigan": The Sacramento Bee contains this article today.
Posted at 14:40 by Howard Bashman



"An Alternative to Evolution Splits a Pennsylvania Town": This article appears today in The New York Times. And a related item is headlined "A Statement on the 'Intelligent Design' of Life."
Posted at 13:44 by Howard Bashman



"Congress heads toward nuclear winter": Columnist Robyn E. Blumner has this essay today in The St. Petersburg Times.

And in The Montgomery Advertiser today, Gary Palmer has an essay entitled "Fear of being 'Daschled' may end obstruction."
Posted at 08:44 by Howard Bashman



"Bush's legacy likely to last generations; He could leave a conservative imprint on high court and social, foreign policies": This article appears today in The San Francisco Chronicle.
Posted at 08:40 by Howard Bashman



Saturday, January 15, 2005
"Court dismisses killer's appeal, moving him closer to execution": David Kravets of The Associated Press reports here that "The 9th U.S. Circuit Court of Appeals on Saturday declined to rehear an appeal from condemned killer Donald Beardslee, moving him a step closer to becoming the 11th person executed in California since it reinstated the death penalty." Today's order of the U.S. Court of Appeals for the Ninth Circuit can be accessed at this link.

In earlier coverage, Bob Egelko of The San Francisco Chronicle reports today that "Killer's family, foes make pleas at hearing; Beardslee's life hangs in balance, as panel considers clemency."

Howard Mintz of The San Jose Mercury News today has an article headlined "Emotional requests at killer's hearing; State board considers bid for clemency."

The Sacramento Bee reports today that "Brain exam, clemency urged for 3-time killer."

The Los Angeles Times reports today that "Killer Makes Bid to Avoid Execution; Lawyers for Donald Beardslee ask the governor to grant clemency."

And The San Mateo Daily Journal reports today that "Killer pleads for clemency."
Posted at 23:25 by Howard Bashman



In news from Connecticut: In The Hartford Courant today, Lynne Tuohy reports that "Lawyer Argues For Skakel's Release; Says Time Had Expired On Arrest, Murder Trial." And The New York Times reports that "Bid Is Heard to Overturn Conviction Of Skakel."

Also today in The Hartford Courant, Lynne Tuohy reports that "Ruling Bars Public Defenders In Ross Case." And The Day of New London, Connecticut reports that "Supreme Court Upholds Ruling In Ross Case; Public Defenders Not Allowed To Initiate Suit On Killer's Behalf." Yesterday's ruling of the Supreme Court of Connecticut consists of a majority opinion and two concurring opinions (here and here).
Posted at 23:08 by Howard Bashman



"GOP Moderates Wary of Filibuster Curb; A Few Holdouts Could Block Move to Cut Off Debate on Judicial Nominees": Sunday's edition of The Washington Post will contain an article that begins, "The Senate Republican leader's threat to outlaw filibusters of judicial nominees is running into significant resistance from his party's moderates, who may be poised to quash the GOP's most potent and controversial option for dealing with Democratic opposition to conservative judges."
Posted at 23:00 by Howard Bashman



In the Week in Review section of Sunday's edition of The New York Times: In tomorrow's newspaper, Linda Greenhouse will have an article headlined "How Long Is Too Long for the Court's Justices?" And Mirta Ojito will have an essay entitled "The Long Voyage From Mariel Ends."
Posted at 22:55 by Howard Bashman



"436 Somalis are facing ouster": This article appears today in The Minneapolis Star Tribune.
Posted at 16:02 by Howard Bashman



Rush Limbaugh discusses Thursday's debate between U.S. Supreme Court Justices Antonin Scalia and Stephen G. Breyer over the role of foreign law in constitutional interpretation: You can hear the audio segment from yesterday's broadcast of The Rush Limbaugh Show by clicking here (Windows Media Player required). And the transcript of the segment can be viewed at this link.
Posted at 15:54 by Howard Bashman



"Sherrill hearing fails to answer why Supreme Court took case": The current issue of Indian Country Today contains a news analysis that begins, "After watching an hour of give and take with the Justices of the U.S. Supreme Court, close observers of the City of Sherrill, New York v. Oneida Indian Nation of New York case still weren't sure why the court agreed to take up the case in the first place, and they were beginning to suspect the justices themselves weren't sure either."
Posted at 15:50 by Howard Bashman



"Sick Chief Justice a symbol of the battles to come": This article appears today in The Times of London.
Posted at 15:45 by Howard Bashman



"Roy Moore administers oath to newly elected protege Parker": The Associated Press provides this report. The Montgomery Advertiser reports that "High court justices take oath of office." And The Birmingham News reports that "Three associate justices, one judge sworn in."

In other Ten Commandments-related news, The Athens Banner-Herald reports that "Barrow gets more cash to fight ACLU."

And The Decatur Daily on Thursday contained an editorial entitled "Keep your wallet out -- here comes the judge."
Posted at 15:30 by Howard Bashman



"Manufacturers lobby plans to support conservative judges; NAM plans lobbying effort to help with liability issues": Thursday's edition of The Detroit Free Press contained this article. And Booth Newspapers reported Thursday that "Engler urges Bush to pass over Michigan judge nominees."

In somewhat related news, The Grand Rapids Press reports today that "Weaver resignation could open door for new judges." According to the article, "Early wagering Friday on Granholm's first selection to the Supreme Court favors Judge Helene White of the Michigan Court of Appeals. But Republicans say more than just one appeals court seat could open up as a result of a White appointment. White was appointed by President Clinton to the U.S. 6th Circuit Court of Appeals back in 1997. The appointment was held up by Republicans in the U.S. Senate in response to Democratic game-playing of the same sort. Subsequently, Democratic U.S. Sens. Carl Levin and Debbie Stabenow of Lansing have blocked President Bush's nominations to the 6th Circuit, including those of judges Henry Saad and Richard Griffin of the Michigan Court of Appeals."
Posted at 15:25 by Howard Bashman



"Gun Foes Attempt To Save Lawsuit; Appeals Court Hears Arguments": This article appeared in Thursday's edition of The Washington Post.
Posted at 15:20 by Howard Bashman



"Judge applauds sentencing ruling": The Nashua Telegraph contains this article today.

The Times-Picayune reports today that "Ruling lets local judges get tough on corruption; Supreme Court eases rein on sentencing."

The State reports that "Lifting of sentencing constraints causes stir; S.C. court officials, inmates ponder impact of ruling that unties juries' hands."

The Fresno Bee reports that "Ruling may impact porn case; Lawyer may try to pull Clovis man's guilty plea."

The Pacific Sunday News reports that "Defense won't file for mistrial."

The Forum of Fargo, North Dakota reports that "Ruling has F-M law field buzzing."

The Pittsburgh Post-Gazette reports that "Child rapist gets 15 years."

In commentary, The St. Petersburg Times today contains an editorial entitled "More discretion for judges: The Supreme Court ruled appropriately that federal sentencing guidelines violate the right to a jury trial; Congress should resist the urge to overreact."

The Philadelphia Inquirer contains an editorial entitled "Federal Sentencing Guidelines: Give high court's ruling a chance."

The Courier-Journal of Louisville contains an editorial entitled "Rethinking sentences."

And The Des Moines Register contains an editorial entitled "Allow federal judges discretion in sentencing."
Posted at 15:00 by Howard Bashman



"From Grand Jury Leaks Comes a Clash of Rights": This article appears today in The New York Times.
Posted at 12:04 by Howard Bashman



Available online from law.com: Tony Mauro has articles headlined "Breyer Sought Advice on Whether to Recuse in Sentencing Case" and "Newdow Expected to Appeal Decision on Inaugural Prayer."

Jonathan Ringel has an article headlined "Court: Evolution Disclaimers Endorse Religion; Georgia judge says stickers mislead students 'for the benefit of religious alternatives.'"

A lengthy article published in The American Lawyer is headlined "The Accidental Defenders: For 17 years Ernest Ray Willis sat on death row in Texas for a crime he didn't commit."

And in other news, "Calif. Opinion on Oral Statements Stirs Defense Protests."
Posted at 10:28 by Howard Bashman



"Iowa justices take on lesbian divorce; State Supreme Court arguments over a split granted to a couple in 2003 draw a crowd": This article appears today in The Des Moines Register. And The Sioux City Journal reports today that "High court hears lesbian divorce case."
Posted at 10:10 by Howard Bashman



The Dayton Daily News is reporting: Today's newspaper contains articles headlined "Lawyer-teen love affair detailed" and "Judge faces sex, theft counts."
Posted at 10:05 by Howard Bashman



"Transcript of Discussion Between U.S. Supreme Court Justices Antonin Scalia and Stephen Breyer -- AU Washington College of Law, Jan. 13": A transcript of Thursday's debate over the proper role of foreign law in constitutional adjudication is now available online at this link. (Via "Kenneth Anderson's Law of War and Just War Theory Blog.")
Posted at 10:00 by Howard Bashman



"Va. scraps ban on sex for singles; Ruling stemmed from suit a woman filed against man she alleged gave her herpes": The Richmond Times-Dispatch contains this article today. And the ACLU yesterday issued a press release entitled "Virginia Supreme Court Strikes Down Fornication Law." The Supreme Court of Virginia, in its decision issued yesterday, has set the stage for changing the State's motto to "Virginia is for unmarried lovers."
Posted at 09:54 by Howard Bashman



"Judge Refuses to Ban Prayer at Swearing-In; Ruling Says Bush May Invite Ministers to Speak Despite Church-State Divide": This article appears today in The Washington Post.

The Washington Times reports that "Judge denies injunction to halt prayer."

The Sacramento Bee reports that "Newdow loses over inaugural prayers."

The San Francisco Chronicle reports that "Atheist unable to block Bush inauguration blessing."

And BBC News reports that "Atheist loses Bush prayer fight."
Posted at 09:45 by Howard Bashman



Friday, January 14, 2005
The Associated Press is reporting: Now available online are articles headlined "Rehnquist Preparing for Inaugural Duties" and "Supreme Court to Review Mich. Truck Fees."
Posted at 23:11 by Howard Bashman



"Newdow denied in attempt to keep prayer out of Bush's inauguration": The Sacramento Bee provides this news update.
Posted at 23:08 by Howard Bashman



Just in time for the weekend, the Supreme Court of Virginia invalidates that State's law criminalizing fornication: Saturday's edition of The Washington Post will report that "Singles' Sex No Longer a Va. Crime; Defense in Herpes-Based Suit Leaned on 19th-Century Law." You can access today's ruling of the Supreme Court of Virginia at this link.
Posted at 23:02 by Howard Bashman



"Mr. Justice Posner? Unpacking the Statistics." Stephen J. Choi and G. Mitu Gulati have posted an interesting article bearing this title that you can access on SSRN via this link. Thanks to "Legal Theory Blog" and "Crescat Sententia" for the pointers.
Posted at 23:00 by Howard Bashman



Stephen L. Carter on Thurgood Marshall: Stuart Buck offers this interesting post.
Posted at 22:45 by Howard Bashman



"Newdow Petitions to Strike God from Judge's Ruling": Here's the latest from the "ScrappleFace" legal desk.
Posted at 22:40 by Howard Bashman



"Gluttons for Punishment: The Supreme Court's expansion of judicial sentencing discretion could provoke a dangerous congressional backlash." Jacob Sullum has this essay online today at Reason.
Posted at 22:35 by Howard Bashman



"Replicating Rehnquist: George W. Bush wants a committed conservative to join the Supreme Court; Here are his likely options." Alexander Wohl has this essay online at The American Prospect.
Posted at 22:32 by Howard Bashman



Today's grants of review by the U.S. Supreme Court: The Court granted review in three cases today. You can access today's Miscellaneous Orders at this link. And Lyle Denniston of "SCOTUSblog" describes the questions presented in a post that you can access here. The Court will be closed on Monday in observation of the Martin Luther King, Jr. federal holiday. Denniston reports that only orders, but no opinions, are on the agenda for Tuesday's session.
Posted at 19:44 by Howard Bashman



"Justice Department to appeal ruling on colleges and military recruiters": David B. Caruso of The Associated Press provides this report. More information appears in the post immediately below this one.
Posted at 19:05 by Howard Bashman



The Acting Solicitor General decides to seek U.S. Supreme Court review of the Third Circuit's ruling declaring the Solomon Amendment unconstitutional, and the federal government asks the Third Circuit to stay its mandate: The federal government late today filed in the U.S. Court of Appeals for the Third Circuit a motion to stay the mandate that begins:
On November 29, 2004, a divided panel of this Court issued an opinion holding that the appellants are entitled to a preliminary injunction on their claim that the Solomon Amendment, 10 U.S.C. sec. 983(b)(1), violates the First Amendment rights of law schools that wish to limit or forbid on-campus military recruiting because it is inconsistent with their opposition to Congress's policy regarding military service by homosexuals. The Acting Solicitor General of the United States has now decided to petition the Supreme Court for a writ of certiorari to review that decision. The Acting Solicitor General's decision to seek Supreme Court review reflects the gravity of this Court's invalidation of an Act of Congress on constitutional grounds. It also reflects the harm that will accrue to the Nation's military readiness and the public interest if the Department of Defense is deprived, in whole or in part, of the recruiting capabilities that it enjoys under the Solomon Amendment.

In connection with the Acting Solicitor General's decision to seek Supreme Court review, the Secretaries of Defense, Education, Labor, Health and Human Services, Transportation, and Homeland Security (hereafter collectively "the government") hereby move to stay the issuance of this Court's mandate pending the filing and disposition of the forthcoming petition for certiorari. The government is entitled to a stay of the mandate if "the certiorari petition would present a substantial question" and "there is good cause for a stay." Fed. R. App. P. 41(d)(2)(A). That showing is readily met here.

The Supreme Court is highly likely to review this Court's constitutional decision, and there is, at the very least, a serious possibility that the Supreme Court will not share this Court's view that the First Amendment compels the federal government to provide funding to educational institutions that deliberately impede or prohibit campus access by the government's own recruiters. At the same time, there is compelling cause for staying the mandate in order to maintain the status quo pending Supreme Court review.
You can access the complete motion to stay the mandate at this link. I anticipate that the Third Circuit will grant the stay that the federal government is seeking.
Posted at 18:45 by Howard Bashman



Today's noteworthy developments from the U.S. Court of Appeals for the Eleventh Circuit: The en banc court issued a short opinion that begins, "On February 3, 2004, we granted rehearing en banc to consider whether the purely intrastate use of a facility of interstate commerce -- namely, a telephone -- satisfied the jurisdictional requirements of 18 U.S.C. sec. 1958, the federal murder-for-hire statute." The reason why the opinion was so short appears at the start of the second paragraph, "In the time since we granted rehearing en banc, Congress has amended the statute to resolve definitively that precise question." Accordingly, the en banc court vacated the grant of rehearing en banc and returned the case to the original three-judge panel for further consideration.

In a separate decision issued today, a woman who as a result of claiming to have AIDS managed for more than eight years to avoid serving a federal criminal sentence of thirty months' imprisonment now seems certain to be heading to federal prison.
Posted at 18:28 by Howard Bashman



While receiving a lethal injection, a death row inmate isn't viewed as having a prime speaking role: David Kravets of The Associated Press has a report headlined "Appeals court dismisses Beardslee's lethal injection challenge" that begins, "A federal appeals court on Friday rejected condemned inmate Donald Beardslee's challenge that the lethal injection he is scheduled to receive Jan. 19 is cruel and unusual, and a violation of speech."

You can access today's per curiam ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.

In earlier coverage, The San Francisco Chronicle today contains an article headlined "Plea to live by 3-time murderer; Redwood City man to beg for clemency from governor."
Posted at 18:05 by Howard Bashman



"Stolt-Nielsen wins antitrust ruling from US court": Reuters reports here that "A U.S. judge ordered the government on Friday to honor a deal granting Norway's Stolt-Nielsen SA amnesty in connection with possible collusion in the parcel tanker industry." The article goes on to report that "The order in Philadelphia comes 10 months after the Justice Department moved to void its leniency agreement with Stolt, saying the company had not disclosed everything it knew about the case.... The case marked the first time the agency tried to revoke an amnesty deal with a corporation, said Mark Gidley, a lawyer with the firm White and Case, who represents Stolt-Nielsen."

You can access today's ruling of the U.S. District Court for the Eastern District of Pennsylvania at this link.
Posted at 17:55 by Howard Bashman



U.S. District Court for the District of Columbia denies preliminary injunction sought by Michael Newdow to prohibit the inclusion of prayers by invited clergy -- in the form of an invocation and benediction -- at the upcoming Presidential Inauguration: You can access today's ruling at this link. Unfortunately for Newdow, the court with appellate jurisdiction is not the U.S. Court of Appeals for the Ninth Circuit, but rather the U.S. Court of Appeals for the D.C. Circuit.

The Associated Press reports that "Judge Denies Bid to Block Inaugural Prayer." Reuters reports that "California Atheist Loses Inaugural Prayer Challenge." And The Washington Post offers a news update headlined "Judge Rejects Inaugural Prayer Lawsuit."

Update: A reader emails to remind me that not even the Ninth Circuit liked Newdow's inaugural prayer challenge, as today's D.C. District Court opinion notes. Yet it is noteworthy that the Ninth Circuit's rejection was by means of a non-precedential ruling, and therefore the decision doesn't bind other Ninth Circuit panels in cases brought by other objectors to inaugural prayers.
Posted at 17:44 by Howard Bashman



"Court questions legal standing in lesbian divorce case": The Des Moines Register offers a news update that begins, "A lawsuit to derail a judge's ruling granting a divorce to a lesbian couple may face an uphill battle on a technicality. The Iowa Supreme Court today questioned whether a group of conservative state lawmakers, joined by a Republican Congressman Steve King and a Le Mars pastor, had legal standing to bring the lawsuit." The case was argued today in the Supreme Court of Iowa, so I expect to see additional news coverage later today and tomorrow.
Posted at 14:00 by Howard Bashman



U.S. District Judge Paul G. Cassell (D. Utah) applies the U.S. Supreme Court's ruling in United States v. Booker: You can access the opinion he issued yesterday at this link. And you can access press coverage of Judge Cassell's ruling via this earlier post of mine.
Posted at 12:12 by Howard Bashman



"Penn responds to new military recruit policy": This article appears today in The Daily Pennsylvanian.
Posted at 12:10 by Howard Bashman



"Justices debate use of foreign precedents; In joust with Breyer, Scalia offers possible confirmation preview": Tom Curry, national affairs writer for MSNBC, provides this report.
Posted at 12:05 by Howard Bashman



"Kennedy Cousin Skakel Appeals Conviction": The Associated Press provides this report.
Posted at 12:02 by Howard Bashman



"Taxation examined by Supreme Court; Oneidas make strong arguments with far-reaching implications": Indian Country Today provides this report.
Posted at 11:32 by Howard Bashman



"Powerline reaction to Scalia-Breyer debate on foreign law in US courts": This post appears today at "Kenneth Anderson's Law of War and Just War Theory Blog."
Posted at 11:30 by Howard Bashman



"Inherit The Sticker": CBS News legal analyst Andrew Cohen has this essay today.
Posted at 11:25 by Howard Bashman



"Rulings only a mother could love": Michael Kirkland, UPI Legal Affairs Correspondent, has this essay today.
Posted at 10:55 by Howard Bashman



"TiVo-blogging the Scalia-Breyer debate": Law Professor Ann Althouse offers these observations, concluding that "The armchairs [in which the Justices are seated] look international, as noted above, and thus symbolically support the Breyer side of the debate." And Betsy Newmark comments here. Anyone with RealPlayer and an internet connection can view yesterday's debate by clicking here.
Posted at 10:15 by Howard Bashman



"Atheist Challenges Inaugural Prayers": This article appears today in The Washington Post. The Washington Times reports that "Atheist lawsuit awaits ruling." And The Associated Press reports that "Atheist Protests Inauguration Prayer." A ruling from the U.S. District Court for the District of Columbia is expected today.
Posted at 10:10 by Howard Bashman



"Virginia man guilty of selling depictions of animal cruelty; Sold dogfight videos to undercover agents": The Pittsburgh Post-Gazette today contains an article that begins, "It took a jury 45 minutes yesterday to find Robert J. Stevens guilty of selling dogfighting videos under a federal law that had never been tested in a United States court." And Reuters reports that "Man Convicted of Selling Animal-Cruelty Videos."
Posted at 10:06 by Howard Bashman



"Justice Weaver: An unexpected vacancy for unpredictable justice." This editorial appears today in The Detroit Free Press.
Posted at 10:01 by Howard Bashman



"Justices weigh entering judicial nominee fray; Foes seek ruling that Bush illegally appointed appeals court judge": Tom Curry, national affairs writer for MSNBC, provides this report.
Posted at 09:50 by Howard Bashman



"A Nominee and the Attack: Michael Chertoff's experience." Andrew C. McCarthy has this essay today at National Review Online.
Posted at 09:22 by Howard Bashman



"New Science Book Stickers Evolve After Court Ruling": The blog "ScrappleFace" provides this report.
Posted at 09:10 by Howard Bashman



"Chertoff Nomination Could Reopen Old Questions": Josh Gerstein has this article today in The New York Sun.
Posted at 07:28 by Howard Bashman



"A Pennsylvania school board is at the center of a controversial approach to teaching creation as an alternative to evolution": Newsday contains this article today.
Posted at 07:25 by Howard Bashman



"Disclaimers on evolution killed; Cobb schools' warning stickers in science books unconstitutional": This article appears today in The Atlanta Journal-Constitution. The Los Angeles Times reports that "Judge Nixes Stickers Challenging Evolution; A Georgia school district is ordered to remove the additions to biology textbooks; The ruling says they amount to an endorsement of religion." And The Red and Black contains an article headlined "Faculty members react to Cobb evolution ruling."
Posted at 07:20 by Howard Bashman



"Lawyers angle for sentence changes; Supreme Court ruling lauded": The Denver Post contains this article today, along with an editorial entitled "Elbow room for U.S. sentencing."

The Rocky Mountain News reports that "Supreme Court ruling hits home; Sentencing decision prompts confusion in federal courtrooms."

The Salt Lake Tribune reports that "Judge won't scrap federal standards on sentencing."

The Deseret Morning News reports that "Judge to use guidelines; They are still worthwhile despite top court decision, Cassell says."

The Minneapolis Star Tribune reports that "Minnesota's top federal judge looks at ruling on sentencing" and "Rape case may clarify guidelines."

The Hartford Courant reports that "High-Profile Convicts Could Get New Sentences."

From Louisiana, The Times-Picayune reports that "Court ruling gives Edwards hope; Ex-governor to seek sentence reduction."

The Birmingham News reports that "Sentencing ruling could prompt more appeals here."

And for those curious about Martha Stewart's reaction, The Associated Press reports that "In e-mail, Stewart says she worries about court ruling's impact on prisoners."

In commentary, The New York Times today contains an editorial entitled "Letting Judges Pass Judgment."

The Washington Post today contains an editorial entitled "The Court on Sentencing."

The Wall Street Journal contains an editorial entitled "Sentenced to Confusion: The Supreme Court couldn't leave well enough alone."

The Boston Globe contains an editorial entitled "Judicious leeway."

The Christian Science Monitor contains an editorial entitled "Sentencing Made Simple."

The Baltimore Sun contains an editorial entitled "Sentencing sanity."

The New York Post contains an editorial entitled "Justice Pendulum Swings."

Newsday contains an editorial entitled "High Court's gift to judges: They should be judicial in using new freedom to sentence the guilty."

The Austin American-Statesman contains an editorial entitled "Supreme Court's sensible changes to sentencing."

The Portland (Me.) Press Herald contains an editorial entitled "Supreme Court ruling better for justice system."

In The St. Paul Pioneer Press, columnist Ruben Rosario has an essay entitled "Court deepens sentencing doubts."

And FindLaw offers an essay by Mark H. Allenbaugh entitled "The Supreme Court's New Blockbuster U.S. Sentencing Guidelines Decision: A Clear Sixth Amendment Ruling, with an Invitation to Congress to Create a Better Remedy."
Posted at 07:00 by Howard Bashman



"Shocking Look At Ailing Rehnquist": This article appears today in The New York Post.
Posted at 06:54 by Howard Bashman



"The Court Is Open for Discussion; AU Students Get Rare Look At Justices' Legal Sparring": Today in The Washington Post, Charles Lane has a front page article that begins, "Leaning forward pugnaciously in his yellow armchair, Justice Antonin Scalia declared his eternal resistance to the arguments of his liberal colleague on the Supreme Court, Justice Stephen G. Breyer."

And in USA Today, Joan Biskupic reports that "High court justices hold rare public debate."

Courtesy of C-SPAN, you can view yesterday's debate by clicking here (RealPlayer required).
Posted at 06:40 by Howard Bashman



Thursday, January 13, 2005
Senate Judiciary Committee appears likely to vote on nomination of Alberto R. Gonzales for the post of Attorney General at the committee's executive business meeting scheduled for Wednesday, January 19, 2005: At least that's what this announcement suggests to me.
Posted at 22:32 by Howard Bashman



In Friday's edition of The New York Times: An article will report that "G.O.P. Push in States to Curb Malpractice Costs."

And in other news, "Judge in Georgia Orders Anti-Evolution Stickers Removed From Textbooks."
Posted at 22:30 by Howard Bashman



Available online from law.com: An article reports that "EEOC Charges Sidley Austin With Age Discrimination Toward Partners; Action seeks back pay for partners demoted and forced out."

Jeff Chorney has an article headlined "9th Circuit Judges Debate Eternal Question: Is It Cool to Be Called a Pimp?"

And in other news, "Mississippi No Longer a Mass Tort Haven; Its top court reinterprets rule that attracts out-of-state plaintiffs."
Posted at 22:23 by Howard Bashman



Available online from National Public Radio: This evening's broadcast of "All Things Considered" contained segments entitled "A Judge's View of High Court Ruling on Sentencing" and "Judge Rules Against Textbook Evolution Disclaimers."

And today's broadcast of "Talk of the Nation" contained a segment entitled "Judge Orders Removal of Evolution Stickers in Textbooks."

RealPlayer is required to launch these audio segments.
Posted at 22:01 by Howard Bashman



"Ruling may cut sentences; Madison lawyer wins in high court": The Capital Times of Madison, Wisconsin contains this article today.
Posted at 20:54 by Howard Bashman



"Judges Deal With Sentencing Rules Fallout": Gina Holland of The Associated Press provides this report.

And transcripts of both of yesterday's segments about the ruling from the PBS broadcast "The NewsHour with Jim Lehrer" are available online here (background with Jan Crawford Greenburg of The Chicago Tribune) and here (discussion of the ruling with Mary Beth Buchanan, U.S. Attorney for the Western District of Pennsylvania, and Law Professor Douglas A. Berman). The transcripts also include links to audio and video of the segments.
Posted at 20:40 by Howard Bashman



To view online, on-demand, today's discussion between U.S. Supreme Court Justices Antonin Scalia and Stephen G. Breyer on the role of international law in constitutional adjudication: Courtesy of C-SPAN, you need merely click here (RealPlayer required). In news coverage, The Associated Press reports that "Justices Debate International Law on TV."
Posted at 20:35 by Howard Bashman



"Martha may seek early release; Court ruling striking down sentencing guidelines could be good news for corporate execs on trial": CNN/Money offers this report.
Posted at 17:00 by Howard Bashman



The discussion between Justices Antonin Scalia and Stephen G. Breyer now being shown live on C-SPAN is indeed quite fascinating: I hope that some newspapers deem this event worthy of coverage in tomorrow's newspapers. So far, the discussion has included much talk of the death penalty and the U.S. Supreme Court's Eighth Amendment jurisprudence.
Posted at 16:44 by Howard Bashman



In news pertaining to Connecticut's death penalty volunteer: Today in The Hartford Courant, Lynne Tuohy has an article headlined "A Killer's Seesawing Emotions Described." And a related article is headlined "A Stand Against 'Inhumanity': Religious Leaders Urge State To Block Ross' Execution, End Capital Punishment."
Posted at 16:12 by Howard Bashman



The discussion between Justices Antonin Scalia and Stephen G. Breyer about the role of foreign law in constitutional adjudication is being televised on the main C-SPAN network: You can access the live feed here (RealPlayer) or here (Windows Media Player).
Posted at 16:05 by Howard Bashman



"Supreme Court Ruling Gives Judges More Power": Today's broadcast of WBUR's news magazine "Here and Now" contained this segment (RealPlayer required) featuring Lyle Denniston and former U.S. District Judge (and former Third Circuit nominee) Robert J. Cindrich.
Posted at 15:20 by Howard Bashman



"Michigan Supreme Court Justice Weaver to resign": The Detroit Free Press provides this news update.
Posted at 14:50 by Howard Bashman



"Pro Se Can You See? The absurd Catch-22 at the heart of Kowalski v. Tesmer." Slate has just posted online this jurisprudence essay by David Feige.
Posted at 14:33 by Howard Bashman



Today's rulings of significance from the U.S. Court of Appeals for the Ninth Circuit: In an opinion that you can access here, a unanimous three-judge panel upholds the conviction of a Jesuit priest who chained himself to the doors of the U.S. Courthouse in Tacoma, Washington on March 19, 2003 in protest of the impending Iraq war. The Ninth Circuit rejected the priest's argument that the courthouse's failure to satisfy the requirement of conspicuously post its rules, including the rule against chaining oneself to the doors of the building, necessitated the reversal of the priest's conviction.

And in a separate opinion that you can access here, a divided three-judge panel overturned a criminal conviction obtained under a federal statute that covers offenses committed in Indian country, but excepts crimes committed by an Indian against another Indian. In the opinion of the majority, the convicted defendant was indeed an Indian. The dissent, by contrast, did not consider the convicted defendant to qualify as an Indian. Circuit Judge Jay S. Bybee wrote the majority opinion overturning the conviction.
Posted at 13:45 by Howard Bashman



"Cobb evolution stickers declared unconstitutional": The Atlanta Journal-Constitution provides a news update that begins, "A federal judge in Atlanta has declared unconstitutional the evolution disclaimers placed inside science text books by the Cobb County school system and ordered the 'stickers' removed immediately." Today's ruling of the U.S. District Court for the Northern District of Georgia can be accessed at this link.
Posted at 13:30 by Howard Bashman



The wire services are reporting: The Associated Press offers reports headlined "Calif. High Court Rejects Mayoral Appeal" and "Kobe Lawyers Want His Sexual History Out."

Reuters, meanwhile, reports that "Court Questions Canine Competence."
Posted at 11:50 by Howard Bashman



"Getting Broadband To The Bayou": This discussion thread appeared online at Slashdot a couple of days ago. Once broadband does arrive there, I'll be tempted to blog from the Bashman Bayou (found in the lower right-hand corner of the blue-colored portion of this PDF map), which is a proud part of Louisiana's Natural & Scenic Rivers System.
Posted at 11:45 by Howard Bashman



On the agenda: Today from 4 p.m. through 5:30 p.m., American University Washington College of Law in the District of Columbia will be hosting an event at which Justices Antonin Scalia and Stephen G. Breyer will be debating (once again, but in person this time!) the topic "Relevance of Foreign Law for American Constitutional Adjudication." As detailed here, C-SPAN is scheduled to stream video of the event live over the internet. Once the program goes live, I will provide a direct link to C-SPAN's video.

Recently, when guest-blogging at "Leiter Reports," Seventh Circuit Judge Richard A. Posner had two interesting blog posts on the subject to be debated that can be viewed here and here.

Bonus points will be awarded to the first audience member who asks the Justices which blogs they read.

Thanks much to Law Professor Ken Anderson (author of "Kenneth Anderson's Law of War and Just War Theory Blog") for keeping me advised about this very interesting program.
Posted at 11:30 by Howard Bashman



Death row inmate Donald Beardslee's lawyers assert that lethal injection drug will violate his First Amendment right to freedom of speech: Claire Cooper, legal affairs writer for The Sacramento Bee, reports today that "Execution drug is challenged in court; Ban paralyzing agent that could mask pain, ACLU and others say." And David Kravets of The Associated Press reports that "Lethal injection violates right of speech, killer's lawyers say."

The U.S. Court of Appeals for the Ninth Circuit offers this web page providing access to various documents and rulings pertaining to Beardslee that have been filed in that court. The lethal injection challenge is Ninth Circuit case number 05-15042. And the audio from yesterday's oral argument of that challenge can be accessed by clicking here (10MB file; Windows Media Player required).

In news coverage published yesterday, Howard Mintz of The San Jose Mercury News reported that "Murder trial jurors, warden urge leniency; Death row inmate fights execution for 1981 slayings." Bob Egelko of The San Francisco Chronicle reported that "Ex-juror backs clemency for killer." And The San Francisco Examiner reported that "Activists rally in S.F. to spare killer's life; Court to hear arguments against lethal injection."
Posted at 10:20 by Howard Bashman



On today's broadcast of NPR's "Morning Edition": The broadcast contained a segment featuring Nina Totenberg's report on yesterday's U.S. Supreme Court federal sentencing guidelines decision and a segment featuring an interview with Law Professor Douglas A. Berman about the ruling. The broadcast also contained a segment entitled "Lynne Stewart Trial Goes to Jury." RealPlayer is required to launch these audio segments.
Posted at 10:00 by Howard Bashman



In today's edition of The Houston Chronicle: Harvey Rice reports that "Judge scolded in truck deaths trial; Court overrules her order that prosecutors give reason for seeking the death penalty."

In other news, "Yates' jurors speak out about flawed testimony; Only one says doctor's statement swayed his vote; others say they followed evidence."

And an article reports that "Some on council question pay for law firm; Vinson & Elkins would get up to $250,000 to fight suits over plans to cap revenue."
Posted at 09:58 by Howard Bashman



"Putting 'Guide' Back In Guidelines": CBS News legal analyst Andrew Cohen has this essay.

And at National Review Online, Andrew C. McCarthy has an essay entitled "Supreme Sentencing Scotch: Justice system chaos and, perhaps, a mortal blow to determinate sentencing schemes."

Of course, Law Professor Douglas A. Berman offers thoughtful commentary on yesterday's ruling at his "Sentencing Law and Policy" blog.
Posted at 09:40 by Howard Bashman



"Roots grow deeper on the Supreme Court: Chief Justice Rehnquist's illness has fueled a difficult discussion about lifetime appointments on the court; Is this really what the Constitution's framers had in mind?" Tony Mauro has this op-ed today in USA Today.
Posted at 07:40 by Howard Bashman



"High court voids mandatory sentencing in federal courts; Congress likely to re-establish guidelines": Jan Crawford Greenburg has this article today in The Chicago Tribune, which also reports that "Senator expected to act fast on rules; Some see danger if reworked law hamstrings judges."

David G. Savage of The Los Angeles Times reports that "Judges Freed From Sentencing Rules; The Supreme Court says the guidelines are no longer mandatory; Federal jurists are given the power to decide the length of prison terms." And Henry Weinstein and David Rosenzweig have an article headlined "How Judges Will Use Discretion Is the Big Question; Analysts predict most jurists will be cautious before departing from sentencing guidelines."

The Washington Post reports that "Legal Experts Debate Court Decision's Effect on Federal System."

The Boston Globe today contains articles headlined "High court overturns sentencing guidelines; But ruling will allow 'advisory' use by judges" and "2 Boston jurists hail return of discretion."

In USA Today, Joan Biskupic has articles headlined "Court rejects sentencing rules; Decisions expand judges' discretion" and "Sentencing ruling's impact uncertain; Justices put the ball in Congress' court."

In The Pittsburgh Post-Gazette, Michael McGough reports that "Sentencing guidelines tossed out; Supreme Court keeps federal strictures as only advisory." The newspaper also reports today that "Jurists here reacting favorably; Discount prospect of inconsistent sentencings."

The Washington Times reports that "High Court voids 'mandatory' sentencing."

The New York Sun reports that "Chaos Ahead After Sentencing Guidelines Decision."

The Baltimore Sun reports that "High court decision gives federal judges more discretion in sentencing; Evidence that affects term must be presented to jury; Federal guidelines long debated; Decision might open door to rollback of sentences."

The Houston Chronicle reports that "High court will grant leeway on sentencing; Federal changes could produce appeals avalanche."

In The Dallas Morning News, Allen Pusey has an article headlined "High Court: Sentencing guidelines not mandatory; Supreme Court decision changes rules followed by federal judges from mandatory to advisory."

In The San Francisco Chronicle, Bob Egelko reports that "Justices' ruling may bolster state's law on sentencing; California gives judges power to make own findings."

In The San Jose Mercury News, Howard Mintz reports that "Justices' revision of sentencing rules affects thousands."

The Portland (Me.) Press Herald reports that "High court gives judges more sway."

The Atlanta Journal-Constitution reports that "Justices strike down sentencing guidelines."

The Denver Post contains an article headlined "Sentencing overruled; Justices: 'Mandatory guidelines' unconstitutional."

The Salt Lake Tribune reports that "Sentencing guidelines eased by high court; Mandate deleted: Utah's senior U.S. judge praises the decision, calling it long overdue; the effect on current cases is unknown."

The Deseret Morning News reports that "Sentencing guidelines no longer mandatory; Top court decision is a disappointment to Hatch."

The Oregonian reports that "Court pulls sentencing law's teeth; The U.S. Supreme Court upholds federal guidelines but returns judges' discretion in deciding punishment."

The Chicago Sun-Times reports that "Court gives judges last word on sentences."

The St. Petersburg Times reports that "Court gives judges more say over jail time; The Supreme Court weakens federal guidelines, affecting many pending cases."

The Orlando Sentinel reports that "High court shakes up sentencing guidelines; Thousands of cases could be headed for appeal after the Supreme Court ruling."

The Newark (N.J.) Star-Ledger reports that "Supreme Court voids federal sentence rules; Judges regain broad discretion; thousands of cases put in doubt."

The New York Daily News contains an article headlined "Martha's early spring? Top court ruling on sentences favors her."

The Louisville Courier-Journal reports that "Mandatory sentencing rules eased; Justices' decision will fuel appeals."

The San Antonio Express-News reports that "Federal judges get free rein."

The Providence (R.I.) Journal reports that "Sentencing ruling may aid Cianci's early release; The Supreme Court strikes down sentencing guidelines that federal judges have used for 17 years."

The Cleveland Plain Dealer reports that "High court ruling on federal sentencing may affect Ohio cases."

For those curious about how the news is playing in Peoria, The Journal Star of Peoria, Illinois reports that "Ruling frees up local cases; Supreme Court says judges not bound by sentencing guidelines."

The Wilmington News Journal reports that "Mandatory sentencing dealt a blow; Supreme Court decision will clear a backlog of high-profile Delaware cases."

The Philadelphia Daily News reports that "High Court saps sentencing rules."

The Charleston Gazette reports that "Court splits on sentencing guidelines; Locals weigh in on how federal decision will affect West Virginia."

The Sioux City Journal reports that "Court's ruling will cause initial uncertainty."

The Journal News of Westchester, New York reports that "Supreme Court ruling hailed."

Bloomberg News reports that "U.S. Judges Get Leeway to Reduce Criminal Sentences."

And CNN.com offers an item headlined "Toobin: Ruling may result in wide resentencings."

Links to additional news coverage of the U.S. Supreme Court's ruling in United States v. Booker, No, 04-104, can be found below in posts that first appeared online here yesterday.
Posted at 07:00 by Howard Bashman



"Nomination May Revisit Case of Citizen Seized in Afghanistan": The New York Times today contains an article that begins, "Newly disclosed documents in the John Walker Lindh case appear to conflict with assertions made to Congress by Michael Chertoff, nominated this week as homeland security secretary, about the Justice Department's handling of ethics concerns in the high-profile prosecution."
Posted at 06:55 by Howard Bashman



"Supreme Court Rejects Mariel Cubans' Detention": Linda Greenhouse has this article today in The New York Times.

The Los Angeles Times reports that "Ruling Could Free Hundreds of Immigrants; The Supreme Court rejects the indefinite detention of refugees, including criminals, whose home countries won't take them back."

The Miami Herald reports that "Prisoners from Mariel win release; The U.S. Supreme Court ruled that Mariel refugees and other foreign nationals never 'technically' admitted into the country cannot be held indefinitely."

The South Florida Sun-Sentinel reports that "Supreme Court orders freedom for Cuban immigrants jailed indefinitely."

And The Washington Times reports that "U.S. can't hold illegals indefinitely."
Posted at 06:40 by Howard Bashman



Wednesday, January 12, 2005
"Dairy farms can keep milking their 'Happy Cows' campaign": Bob Egelko has this article today in The San Francisco Chronicle. The Recorder reports that "PETA Loses Suit Over California Cow Ads." And Metropolitan News-Enterprise reports that "C.A. Says Milk Board Cannot Be Sued Over 'Happy Cows' Campaign." You can access yesterday's ruling of the California Court of Appeal for the First Appellate District, Division Two, at this link.
Posted at 23:22 by Howard Bashman



"Arson Case Upholds Reach of Congress; Georgia church burnings OK'd for federal jurisdiction": Jonathan Ringel of the Fulton County Daily Report provides this article.
Posted at 23:15 by Howard Bashman



"Supreme Court Transforms Use of Sentence Guidelines": Linda Greenhouse will have this article in Thursday's edition of The New York Times.
Posted at 22:40 by Howard Bashman



"Minnesotan from Somalia loses Supreme Court deportation case": This article will appear in Thursday's issue of The Minneapolis Star Tribune.
Posted at 22:14 by Howard Bashman



In Thursday's edition of The Washington Post: Charles Lane will have a front page article headlined "Sentencing Standards No Longer Mandatory; Federal Judges May Deviate, Court Rules."

And in other news, "Court Rules Against Detention of Cubans; Justices Back Deportation of Somali."
Posted at 22:11 by Howard Bashman



"New Fight Over Controlling Punishments Is Widely Seen": This article, written by Carl Hulse and Adam Liptak, will appear in Thursday's edition of The New York Times.
Posted at 22:04 by Howard Bashman



"Court rejects sentencing rules": Joan Biskupic of USA Today provides this news update.
Posted at 22:00 by Howard Bashman



"Supreme Court Rules Against Sentencing Guidelines": You can access online this transcript of a segment that appeared on this evening's broadcast of the PBS program "The NewsHour with Jim Lehrer."
Posted at 21:55 by Howard Bashman



Available online from National Public Radio: This evening's broadcast of "All Things Considered" included a segment entitled "High Court Critiques Federal Sentencing Guidelines" featuring Nina Totenberg.

And today's broadcast of "Talk of the Nation" contained segments entitled "Judges Get New Latitude in Sentencing Guidelines" (featuring David G. Savage of The Los Angeles Times) and "Why So Litigious?"
Posted at 20:40 by Howard Bashman



"Supreme Court: Sentencing Guidelines Advisory, Not Mandatory." law.com's Tony Mauro provides this report.
Posted at 20:10 by Howard Bashman



"Atrocities in Plain Sight": Andrew Sullivan will have this torture-related book review in the January 23, 2005 issue of The New York Times Sunday Book Review.
Posted at 19:50 by Howard Bashman



"Supreme Court says judges not bound by sentencing guidelines": Stephen Henderson of Knight Ridder Newspapers provides this report.
Posted at 19:35 by Howard Bashman



"Court orders changes in sentencing; In a divided ruling, justices strike down portions of federal guidelines, forcing a redrawing of the sentencing system": Warren Richey will have this article in Thursday's edition of The Christian Science Monitor.
Posted at 18:10 by Howard Bashman



"Pair arrested after telling lawyer jokes": Newsday today contains an article that begins, "The line leading into First District Court in Hempstead Monday morning was long and frustrating, but it was the punch line in a lawyer joke that got two rabble-rousing comedians arrested."
Posted at 18:05 by Howard Bashman



"Supreme Court Rules Judges Are Not Bound by Sentencing Rules": Linda Greenhouse of The New York Times provides this news update.
Posted at 17:52 by Howard Bashman



Three-judge panel of the U.S. Court of Appeals for the Fifth Circuit grants writ of mandamus against federal district judge in Texas who is presiding over death penalty prosecution arising from truck smuggling deaths of 19 illegal immigrants from Mexico: Today's unanimous per curiam opinion begins:
In this case, the Government has requested a writ of mandamus to prevent the federal district court from enforcing discovery orders in a federal death penalty case not by dismissing the Government's Notice of Intent to seek the death penalty against this defendant, but by poisoning the jury's consideration of that option with an impermissible punishment phase instruction. The court also threatened to delay the scheduled start of the proceedings for a year. For the following reasons, we grant the writ, and expect proceedings to resume promptly.
You can access the complete opinion at this link.

Harvey Rice of The Houston Chronicle provides a news update headlined "Appeals court allows truck deaths trial to proceed" that begins, "In a harshly worded opinion, a federal appeals court today ordered a federal judge to abandon a plan to tell jurors that prosecutors refused to obey her order to explain why they are seeking the death penalty against a truck driver blamed for the deaths of 19 illegal immigrants."
Posted at 17:44 by Howard Bashman



"U.S. High Court Gives Judges Sentencing Discretion": James Vicini of Reuters provides this report.
Posted at 17:10 by Howard Bashman



"Court: Judges May Ignore Sentencing Guidelines." David G. Savage of The Los Angeles Times provides this news update.
Posted at 16:30 by Howard Bashman



"Suit over terrorism 'no fly' list rejected": The Seattle Post-Intelligencer today contains this article reporting on a decision that the U.S. District Court for the Western District of Washington issued last Friday.
Posted at 16:12 by Howard Bashman



"US high court casts doubt on securities fraud case": Reuters provides this report.
Posted at 16:10 by Howard Bashman



"Sentence Structure: Today's Supreme Court ruling on sentencing guidelines is a very good decision that could have very bad consequences." Dana Mulhauser has this essay online at The New Republic.
Posted at 16:00 by Howard Bashman



Available online from National Public Radio: Today's broadcast of "Day to Day" included a segment entitled "High Court Ruling Could Invalidate Prison Sentences" featuring Dahlia Lithwick.

And today's broadcast of "Morning Edition" contained segments entitled "High Court Finds Judges Wrongly Added Prison Time" (featuring Nina Totenberg); "Chertoff to Face Scrutiny over Civil Liberties Stance"; "Homeland Nominee Chose Eclectic Legal Career Path"; and "Gregoire to Be Sworn in as Washington Governor."
Posted at 15:00 by Howard Bashman



In news regarding Connecticut's death penalty volunteer: Today in The Hartford Courant, Lynne Tuohy has an article headlined "Ross' Reasons: Tape Of Interview Offers Video Defense Of His Right To Die." You can access clips from the video via this link, and The Associated Press offers written "Excerpts From Psychiatrist's Interview With Ross."
Posted at 14:55 by Howard Bashman



Available online from Tech Central Station: Today Ryan Sager has an essay entitled "The Place for Politics: The danger of sanitizing the nomination and confirmation process, while politicizing the jobs of judges already on the bench."

And yesterday, William J. Stuntz had an essay entitled "The Right Has the Wrong Legal Theory."
Posted at 14:40 by Howard Bashman



Sam Heldman was there: He went to the U.S. Supreme Court this morning to observe a securities law oral argument and also had the pleasure of seeing the announcement of the decision in Booker and Fanfan. Here's his report.
Posted at 13:11 by Howard Bashman



"States Flex Prosecutorial Muscle; Attorneys General Move Into What Was Once Federal Territory": This front page article appears today in The Washington Post.
Posted at 12:24 by Howard Bashman



Reuters is reporting: James Vicini reports that "Supreme Court Limits Detention of Immigrants." And in other news, "Supreme Court: Sentencing Rules Not Mandatory."
Posted at 12:20 by Howard Bashman



"'U' to create more programs geared toward minorities": The Michigan Daily today contains an article that begins, "Motivated by a drop in minority applications after the University's race-conscious admissions policies were struck down by the U.S. Supreme Court, the University is creating more programs geared toward minorities."
Posted at 12:15 by Howard Bashman



"E-mail case opportunity to shape law": This interesting article, about a case argued yesterday before the Maine Supreme Judicial Court, appears today in The Portland Press Herald.
Posted at 12:00 by Howard Bashman



Link to entire Booker-Fanfan U.S. Sentencing Guidelines decision issued today by the U.S. Supreme Court: You can access all 124 pages of it by clicking here (PDF document).
Posted at 11:00 by Howard Bashman



"Another Attempt to Block Move of Barnes Collection to Phila.": This article, available online today from KYW Newsradio 1060, mentions me.
Posted at 10:50 by Howard Bashman



"Truck driver's attorney seeking fair-trial rights; Prosecutors are trying to stop judge from telling jury about pursuit of death penalty": Harvey Rice has this article today in The Houston Chronicle.
Posted at 10:45 by Howard Bashman



Today's U.S. Supreme Court opinions in argued cases: The Court issued three decisions in argued cases today.

1. Justice John Paul Stevens delivered the opinion of the Court in part, and Justice Stephen G. Breyer delivered the opinion of the Court in part, in United States v. Booker, No, 04-104, and the judgment under review was affirmed and the case remanded. In the consolidated case of United States v. Fanfan, No. 04-105, decided via the same opinion, the judgment was vacated and the case remanded. You can access the syllabus here; Justice Stevens' opinion here; Justice Breyer's opinion here; Justice Stevens' opinion dissenting in part here; Justice Antonin Scalia's opinion dissenting in part here; Justice Clarence Thomas's opinion dissenting in part here; Justice Breyer's opinion dissenting in part here; and the oral argument transcript here. In early press coverage, Gina Holland of The Associated Press has a report headlined "Court: Sentencing System Wrongly Applied."

2. Justice Scalia wrote the majority opinion announcing the decision of a Court divided 5-4 in Jama v. INS, No. 03-674, and the judgment under review was affirmed. You can access the syllabus here; Justice Scalia's majority opinion here; Justice David H. Souter's dissenting opinion here; and the oral argument transcript here.

3. Justice Scalia also delivered the opinion of the Court in Clark v. Martinez, No. 03-878, and the decision under review was affirmed and the case remanded. In the consolidated case of Benitez v. Rozos, No. 03-7434, decided via the same opinion, the judgment was reversed and the case remanded. You can access the syllabus here; Justice Scalia's majority opinion here; Justice Sandra Day O'Connor's concurring opinion here; Justice Thomas's dissenting opinion here; and the oral argument transcript here.
Posted at 10:00 by Howard Bashman



The Associated Press is reporting: An article headlined "Right to Privacy in Restroom Not Absolute" reports on a decision that the U.S. Court of Appeals for the Eighth Circuit issued yesterday.

And in other news, "Appeals Court Dismisses Kid Rock Suit."
Posted at 09:58 by Howard Bashman



"Crisis Mode: A fair and constitutional option to beat the filibuster game." Former Senate Judiciary Committee Chairman Orrin G. Hatch (R-UT) has this essay today at National Review Online.
Posted at 09:55 by Howard Bashman



"High court may decide limit of Geneva protections; Justices ponder whether to put al-Qaida suspect's appeal on a fast track": Tom Curry, national affairs writer for MSNBC, provides this report.
Posted at 09:50 by Howard Bashman



"Man receives life term for rape": The Kansas City Star today contains an article that begins, "Years ago, Michael Crane won landmark rulings in the supreme courts of Kansas and the United States to gain release as cured from a Kansas program for sexual predators."
Posted at 09:45 by Howard Bashman



"Supreme Court to Rule on Securities Law; Shareholders who bringing class-action securities lawsuits against companies for alleged fraud may face more stringent requirements to prove their cases": CFO.com today offers this article reporting on a case to be argued today before the U.S. Supreme Court. On Monday of this week, Financial Times contained an article in which the case was described as the "most important securities case in a decade."

Two faculty members at the Columbia Law School have written articles about the case for the February 2005 issue of The Business Lawyer and have sent along drafts for posting at "How Appealing." Law Professor John C. Coffee, Jr. has written an essay titled "Causation By Presumption? Why the Supreme Court Should Reject Phantom Losses and Reverse Broudo." And Law Professor Merritt B. Fox has written an essay titled "Demystifying Causation in Fraud-on-the-Market Actions."
Posted at 09:30 by Howard Bashman



"Nation's eyes on Christian protesters": This article appears today in The Philadelphia Inquirer.
Posted at 09:10 by Howard Bashman



"Ex-Cold War defectors seek to sue CIA; Lawyer tells Supreme Court that spy agency broke pledge": Michael McGough of The Pittsburgh Post-Gazette has this article today.

The Los Angeles Times reports that "Justices Question Legality of Ex-Spies Suing CIA."

The Boston Globe reports that "Supreme Court hears arguments on spy pay; Analysts fear lawsuit will deter informants."

The St. Petersburg Times reports that "Justices hear spy drama; The Supreme Court hears the arguments of a couple so mysterious their attorney says he's never met them."

And The Toronto Globe and Mail reports that "Former U.S. spies want to come in from the cold; Ex-Soviet-bloc defectors hope to force CIA to pay them lifetime compensation."
Posted at 07:15 by Howard Bashman



"High court hears tax case; Sherrill v. Oneida Nation": The Utica (N.Y.) Observer Dispatch contains this article today.
Posted at 07:12 by Howard Bashman



"Angry protesters demand return of courthouse Bible; Christians chide Star of Hope for acting so quickly on court order": This article appears today in The Houston Chronicle.
Posted at 07:10 by Howard Bashman



"A truce on nominations": The Milwaukee Journal Sentinel today contains this judicial nominations-related editorial.
Posted at 07:00 by Howard Bashman



"A battle of firms for fees, clients; The fight between the two personal-injury law firms could turn ugly; It stems from a litigator's jumping ship": L. Stuart Ditzen has this article today in The Philadelphia Inquirer. And The Philadelphia Daily News reports today that "Judge stalls lawyer's bid to quit firm."
Posted at 06:55 by Howard Bashman



In today's edition of The Newark (N.J.) Star-Ledger: An article reports that "Bush picks Chertoff as security czar; Jersey-born judge helped lead U.S. response to 9/11 attacks." And in related coverage, "The guy from Jersey who keeps aiming higher; Nomination surprises few who know this private man."
Posted at 06:50 by Howard Bashman



"Asbestos Talks Stalled on Fund, Mediator Says; Companies, Unions Differ Widely on Dollar Amount": The Washington Post contains this article today. The Washington Times reports that "Hill committee looks at asbestos lawsuits." The Minneapolis Star Tribune reports that "Specter tackles asbestos injury claims impasse." And The Hill reports that "Industry wary of Specter's asbestos reform bill."
Posted at 06:44 by Howard Bashman



"Barnes move to be fought; Student Jay Raymond's appeal notice was filed in Montgomery County Orphans' Court": This article, in which I am quoted, appears today in The Philadelphia Inquirer.
Posted at 06:42 by Howard Bashman



"3rd Circuit's Chertoff Nominated to Lead Homeland Security": This article, in which I am quoted, appears today in The Legal Intelligencer.
Posted at 06:40 by Howard Bashman



Tuesday, January 11, 2005
"Student challenges art gallery's move to Philadelphia": David B. Caruso of The Associated Press provides this report.
Posted at 23:40 by Howard Bashman



"Justices Rule Action Isn't Necessary to Prove Conspiracy": Linda Greenhouse will have this article in Wednesday's issue of The New York Times.
Posted at 23:35 by Howard Bashman



Available online from National Public Radio: This evening's broadcast of "All Things Considered" included segments entitled "High Court Considers CIA Spy Case" (featuring Nina Totenberg); "Bush Selects Appeals Judge for Homeland Security Post"; and "Senate Considers Ban on Asbestos Lawsuits."

Today's broadcast of "Day to Day" included segments entitled "Bush Nominates Judge to Homeland Security Post"; "Profile of Homeland Security Nominee Michael Chertoff"; and "Slate's Jurisprudence: Challenges to Public Prayer" (featuring Dahlia Lithwick).

Finally, today's broadcast of "Talk of the Nation" contained a segment entitled "Bush Picks Judge to Head Homeland Security."
Posted at 23:15 by Howard Bashman



"President Nominates New Head of Homeland Security": This evening's broadcast of the PBS program "The NewsHour with Jim Lehrer" included a segment whose transcript you can access here and whose audio you can access here using RealPlayer.
Posted at 23:10 by Howard Bashman



"Judge Finds Pricewaterhouse Withheld Data": This article will appear Wednesday in The New York Times.
Posted at 23:00 by Howard Bashman



"Court Hears Espionage Compensation Case; Justices Appear Skeptical of Soviet Bloc Defectors' Lawsuit Against the CIA": Charles Lane will have this article in Wednesday's issue of The Washington Post.
Posted at 22:35 by Howard Bashman



"Bush Names Homeland Security Nominee; Now an Appeals Judge, Chertoff Led Response To 9/11 at Justice Dept.": This front page article will appear Wednesday in The Washington Post.

The New York Times on Wednesday will contain articles headlined "Bush Names Judge as Homeland Security Secretary" and "Security Nominee Is a Hard Charger on Terror War's Legal Front."

The Knight Ridder Newspapers report that "Bush taps judge for homeland security post."

And online at Slate, Fred Kaplan has an essay entitled "Some Questions, Mr. Chertoff: What senators should ask Bush's new choice for homeland security secretary before they confirm him."
Posted at 22:30 by Howard Bashman



"U.S. justices consider if Cold War spies can sue CIA": James Vicini of Reuters provides this report.
Posted at 22:20 by Howard Bashman



News updates available from The Los Angeles Times: An article is headlined "Justices Fear CIA Agents' Lawsuit Would Expose Secrets; The high court questions how the legal actions can continue without violating a ban on such lawsuits nearly as old as the Civil War."

And in other news, "Bush Selects Jurist to Lead Homeland Security."
Posted at 22:04 by Howard Bashman



"Get Smart! The Supreme Court asks whether the CIA can stiff its aging spies." Dahlia Lithwick has this Supreme Court dispatch online at Slate.
Posted at 19:10 by Howard Bashman



"Court Considers Litigation of Spy Deals": Hope Yen of The Associated Press provides this report.
Posted at 17:55 by Howard Bashman



It's all about the Clintons? Those seeking a slightly better understanding of today's "Wonkette" post titled "Chertoff Nominated for Homeland Security" can consult this post of mine noting the U.S. Senate's confirmation in June 2003 of Michael Chertoff to serve on the U.S. Court of Appeals for the Third Circuit by a vote of 88 to 1.
Posted at 17:00 by Howard Bashman



Available online from The New Republic: Today Jeremy Buchman has an essay entitled "Pyrrhic Victory: On judicial nominations, conservatives could lose by winning." Also, the publication has posted online today an essay by Michael Crowley, originally published March 4, 1996, entitled "Mr. Burns: 'You don't want to be cross-examined by Michael Chertoff.'"

And last Friday, the publication published online an essay by Marisa Katz entitled "Evasion of Duty: What was disturbing about Alberto Gonzales's testimony wasn't the discussion of torture; it was his lack of candor."
Posted at 16:25 by Howard Bashman



The Associated Press is reporting: Now available online are articles headlined "Chertoff Nomination Gets Bipartisan Praise" and "Chertoff Worth Millions, Documents Show."

In other news, "Scalia Fears Chaos if Tribe Wins Tax Case."

And Jesse J. Holland reports that "Specter Pushes Asbestos Lawsuits Reform."
Posted at 16:10 by Howard Bashman



"After Rehnquist: Elevation of Olson could be divisive." This article appears today in The New York Sun.
Posted at 13:45 by Howard Bashman



"Naked" U.S. Supreme Court Justices to appear in Mississippi public library: The Sun Herald of Biloxi reports today that "Board reverses book ban; Jackson-George Library stung by national criticism." And The Associated Press reports that "Libraries Put 'America' Back on Shelves."
Posted at 13:40 by Howard Bashman



"In this case, we ascertain the extent to which a tribal court may exercise jurisdiction over a products liability action arising out of an accident occurring on tribal trust land." A lawsuit filed in tribal court by the parents of an on-duty law enforcement officer employed by the Navajo Department of Public Safety who died when her Ford Expedition patrol vehicle rolled over while she was driving on a dirt road within the Navajo Nation gives rise to this interesting decision that a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 13:00 by Howard Bashman



"Court Upholds Money Laundering Convictions": The Associated Press provides this report.
Posted at 12:25 by Howard Bashman



"Student to appeal decision allowing Barnes gallery to move downtown": The Philadelphia Inquirer provides this news update.
Posted at 12:15 by Howard Bashman



"Makeup Requirements for Female Employees Violate Anti-Discrimination Law: Why A Federal Appeals Court Erred in Ruling to the Contrary." FindLaw columnist Sherry F. Colb has this essay today.
Posted at 12:00 by Howard Bashman



"Bush nominates new Homeland Security chief; Chertoff is federal appellate court judge": CNN.com offers this report. And Reuters reports that "Bush Picks Federal Judge to Head Homeland Security."
Posted at 11:45 by Howard Bashman



"Chertoff Named to Head Homeland Security": The Washington Post offers this news update.
Posted at 10:32 by Howard Bashman



U.S. Court of Appeals for the Sixth Circuit affirms dismissal of contract and tort claims asserted against Kid Rock: You can access today's ruling at this link.
Posted at 10:25 by Howard Bashman



Today's U.S. Supreme Court opinion in an argued case: The Court's lone opinion today issued in Whitfield v. United States, No. 03-1293. Justice Sandra Day O'Connor wrote the decision on behalf of a unanimous Court. You can access the syllabus here; Justice O'Connor's opinion here, and the transcript of oral argument here. Chief Justice William H. Rehnquist participated in the decision.
Posted at 10:00 by Howard Bashman



"Former Eastern Bloc Spies Sue CIA over Contract": Today's broadcast of NPR's "Morning Edition" included this segment (RealPlayer required) featuring Nina Totenberg.
Posted at 09:55 by Howard Bashman



"Foundation wants monument decision reviewed": The La Crosse Tribune today contains an article that begins, "The Freedom From Religion Foundation wants its attorney to ask a federal appeals court panel to review its decision that lets a Ten Commandments monument remain on private land amid a La Crosse park."
Posted at 09:54 by Howard Bashman



"Christian group upset about ban on crosses": The Fort Worth Star-Telegram today contains an article that begins, "Secret Service agents protecting President Bush along the inaugural-parade route Jan. 20 will be on the lookout not only for guns and explosives but also for coffins and crosses. The ban on crosses is drawing criticism from the director of the Christian Defense Coalition, which has carried large wooden crosses in pro-life demonstrations."
Posted at 09:52 by Howard Bashman



"Effort to bar Klan from adopting highway fails": This article appears today in The St. Louis Post-Dispatch. The Kansas City Star reports today that "Klan can clean road, court says; State highway near Potosi affected." And The Pittsburgh Post-Gazette today contains an article headlined "The pick of the litter."
Posted at 09:50 by Howard Bashman



BREAKING NEWS -- President Bush to name Circuit Judge Michael Chertoff of the U.S. Court of Appeals for the Third Circuit as secretary of Department of Homeland Security: The Associated Press reports that "Bush Picks Ex-Prosecutor for Homeland Post." Judge Chertoff's resume can be accessed at this link.
Posted at 09:45 by Howard Bashman



In news regarding Connecticut's death penalty volunteer: Today in The Hartford Courant, Lynne Tuohy has an article headlined "Two Fewer Obstacles To Execution; U.S. High Court, Federal Judge Reject Motions Made On Behalf Of Ross."
Posted at 09:33 by Howard Bashman



"Translator Pleads Guilty to Taking Documents; Deal ends the inquiry into a possible spy ring at Guantanamo Bay; No conspiracy is found": This article appears today in The Los Angeles Times.
Posted at 09:25 by Howard Bashman



"Court rules against judge again; Second judge ordered to jail an elderly man caught selling guns": The Knoxville News Sentinel today contains an article that begins, "For the third time in seven months, an appellate court has ordered a Knoxville federal judge to jail an elderly man caught selling guns at a flea market."
Posted at 09:15 by Howard Bashman



And now for some non-U.S. Supreme Court-related Blakely news: The St. Petersburg Times today contains an article headlined "Will 'Billionaire' make Sara smile? The Clearwater High graduate and founder of a women's hosiery company finds out tonight if she wins $1-million and becomes president of the Virgin business empire." And The Naples Daily News reported yesterday that "Naples man's daughter finalist on reality TV show."
Posted at 09:12 by Howard Bashman



"Blue slips may be key to nominees": The Biloxi Sun Herald today contains an article that begins, "The chairman of the Senate Judiciary Committee, Sen. Arlen Specter, R-Pa., has his contemporaries wondering how the blue slip and senatorial courtesy will be handled under his chairmanship."

Newsday contains an editorial today entitled "A better way to confirm judges: Schumer, Gonzales show the way."

And in The Washington Times, Bruce Fein has an op-ed entitled "Debasing judicial debate," while Mark R. Levin has an op-ed entitled "Abuse of power."
Posted at 07:20 by Howard Bashman



"Lawyer's departure triggers suit from firm; It's Beasley vs. Kline & Specter": The Philadelphia Daily News contains this article today.
Posted at 07:18 by Howard Bashman



"Senate expected to OK Gonzales": The Washington Times contains this article today. And that newspaper today also contains a related op-ed by Paul Greenberg entitled "Clearing the confirmation air."
Posted at 07:15 by Howard Bashman



"Bush team brushes off atheist's lawsuit": This article appears today in The Washington Times.

And in somewhat related news, The Richmond Times-Dispatch today contains an article headlined "Spotsylvania: Students can sit during pledge."
Posted at 07:10 by Howard Bashman



Bob Egelko is reporting: Today in The San Francisco Chronicle, he has articles headlined "Suit against gunmakers can proceed; Firms are accused of flooding market with weapons" and "Wage law survives high court."
Posted at 07:08 by Howard Bashman



"Bible Removed From Houston Monument": The Associated Press reports here that "A Bible was removed from a monument outside a downtown courthouse Monday while local officials appeal a federal judge's ruling that the display is unconstitutional."

And in local coverage, The Houston Chronicle reports today that "Court lifts stay, orders Bible display removed."
Posted at 07:05 by Howard Bashman



"Supreme Court Considers Ex-Spies Lawsuit": Hope Yen of The Associated Press provides this report.

The Guardian (UK) reports today that "CIA taken to court by spies left out in cold; Former agents say promise of new life in US went sour."

And The St. Petersburg Times yesterday contained an article headlined "Spy vs. CIA: It's a shot in the dark; Can a secret agent sue to enforce a contract he agreed to keep secret? The U.S. Supreme Court will hear arguments."
Posted at 06:54 by Howard Bashman



"Arsonist's federal convictions reinstated": The Atlanta Journal-Constitution today contains this article reporting on yesterday's en banc ruling of the U.S. Court of Appeals for the Eleventh Circuit.
Posted at 06:50 by Howard Bashman



"Court won't hear gay adoption suit; The U.S. Supreme Court declines to consider an ACLU lawsuit filed in hopes of overturning the state's ban": This article appears today in The St. Petersburg Times.

The South Florida Sun-Sentinel reports today that "Court allows gay adoption ban to stand."

The Miami Herald reports that "Ban on letting gays adopt stands; The U.S. Supreme Court declined to hear a case brought by the ACLU and four Florida men challenging Florida's law banning gays and lesbians from adopting children."

In The Los Angeles Times, David G. Savage reports that "High Court Lets Ban on Gay Adoptions Stand; Justices refuse to hear an appeal of a Florida law barring homosexuals from adopting children."

In USA Today, Joan Biskupic reports that "Ban on adoption by gays left intact; Justices decline to hear appeal in Florida case."

Michael McGough of The Pittsburgh Post-Gazette reports that "Gay-adoption case sidestepped; Top court also spurns Traficant, allows suing gun maker over death."

And The Washington Times reports that "High court lets stand ban on gay adoption."
Posted at 06:44 by Howard Bashman



Monday, January 10, 2005
"Gay-Adoption Ban In Florida to Stand; Justices Decline to Hear Challenge": Charles Lane will have this article Tuesday in The Washington Post.
Posted at 22:58 by Howard Bashman



In Tuesday's edition of The New York Times: Linda Greenhouse will have an article headlined "Justices Refuse to Consider Law Banning Gay Adoption."

In other news, "Judge Orders Release of Rosa Parks's Mental Health Records in Fight Over Song."

And an article will report that "Witnesses' Visas Canceled in Terror Case, Lawyers Say."
Posted at 22:50 by Howard Bashman



"Court won't speed up one challenge to Pryor; two others loom": The Associated Press provides this report.
Posted at 22:40 by Howard Bashman



Available online from law.com: Tony Mauro has articles headlined "Supreme Court Won't Hear Gay-Adoption Case" and "Atheist Newdow Challenges Prayer at Inauguration; Government asks federal court to dismiss suit."

In other news pertaining to the U.S. Supreme Court, "Wide Repercussions for Florida Drug Case" and "Supreme Court Says Doctors' Suit Against Insurers Can Proceed."

And an article reports that "Calif. Judge Rejects Novel Appeal to Halt Execution."
Posted at 22:35 by Howard Bashman



"The Secret Lives of Just About Everybody": This article will appear Tuesday in The New York Times.
Posted at 22:30 by Howard Bashman



"The Torture Files -- The Gonzales hearings reopened painful questions: How did abuses at Abu Ghraib and elsewhere happen? And what standards are we now following?" This lengthy article appears in the January 17, 2005 issue of Time magazine. And The Yale Daily News reports today that "Koh offers opinion in Gonzales hearing; Law School Dean criticizes memo on torture."

The Cincinnati Enquirer today contains an editorial entitled "Gonzales fit for confirmation." The Salt Lake Tribune today contains an editorial entitled "Gonzales on the spot." And The Philadelphia Daily News today contains an editorial entitled "Fast Albert."

Finally, Al Kamen's "In the Loop" column today in The Washington Post is headlined "Gonzales Witness Under Their Noses."
Posted at 21:44 by Howard Bashman



Hey Rembrandt, Act now to see Scope of Listerine ruling: Last Thursday's ruling by U.S. District Judge Denny Chin of the Southern District of New York can now be viewed online at this link (large scanned PDF file).

In today's news coverage, The Associated Press reports that "Pfizer to Spend $2M to Redo Listerine Ads." And Reuters reports that "Pfizer Spending $2 Million to Change Listerine Ads."
Posted at 21:40 by Howard Bashman



"High Court Won't Review Gay Adoption Case": David G. Savage of The Los Angeles Times provides this news update. Stephen Henderson of Knight Ridder Newspapers reports that "Court declines to hear case over law barring gays from adopting." And The Miami Herald offers a news update headlined "U.S. Supreme Court declines to hear Florida gay-adoption case."
Posted at 21:24 by Howard Bashman



The Associated Press is reporting: Now available online are articles headlined "Moussaoui Takes Appeal to Supreme Court" and "Judge Orders Opening Rosa Parks' Records."
Posted at 17:50 by Howard Bashman



Warren Richey is reporting: In Tuesday's issue of The Christian Science Monitor, he will have articles headlined "Gay rights setback: Court sidesteps adoption issue" and "Aggrieved with CIA, a former spy goes to court; A cold-war operative asks Supreme Court to restore his pay, raising questions about court's role in intelligence matters."
Posted at 17:30 by Howard Bashman



"A big bang for creationism": The Wisconsin State Journal today contains an article that begins, "Though it has been nearly 80 years since a high school biology teacher named John Scopes went on trial in Tennessee for teaching evolution in a public school, the issue remains far from dusty history here in Wisconsin."
Posted at 16:45 by Howard Bashman



"Conn. killer prods state to go ahead with his execution": Richard Willing today has this article in USA Today, which also furnishes a list of "States with executions since 1976."
Posted at 16:40 by Howard Bashman



"Government's Role in Student Loans": That's this week's topic at "The Becker-Posner Blog" (see here and here).
Posted at 16:33 by Howard Bashman



"Does Affirmative Action Hurt Black Law Students?" That's the subject of this week's "Debate Club" feature online at legalaffairs.org. The participants this week are Law Professors Richard Sander and William Henderson.
Posted at 16:22 by Howard Bashman



"Lawyer Juggles 7 Gay Marriage Suits": The Tampa Tribune yesterday contained this article.
Posted at 16:20 by Howard Bashman



"Gov't Targets Atheist's Inauguration Suit": The Associated Press provides this report.
Posted at 15:54 by Howard Bashman



Divided en banc U.S. Court of Appeals for the Eleventh Circuit rejects Commerce Clause challenge to the constitutionality of federal statute making church arson a crime: You can access today's ruling at this link. The statute in question can be viewed at this link.
Posted at 15:25 by Howard Bashman



"Skakel Looking To Statute Of Limitations; He Maintains Officials Waited Too Long To Charge Him With Murder": The Day of New London, Connecticut contains this article today. The Supreme Court of Connecticut will hear oral argument in the case on Friday.
Posted at 14:42 by Howard Bashman



"Can A Company Be Corrupt? Supreme Court's decision to hear the Andersen case may not revive the firm, but it could aid Quattrone." Dan Ackman has this essay online today at Forbes.com.
Posted at 14:32 by Howard Bashman



The Miami Herald is reporting: Last Wednesday, the newspaper contained an article headlined "Round in citizenship fight lost; A federal appeals court ruled against a Haitian American trying to avoid deportation for a crime committed before he became a U.S. citizen" reporting on a decision that the U.S. Court of Appeals for the Eleventh Circuit issued last Tuesday.

Today's newspaper contains two new articles focusing on that ruling. The articles are headlined "Case raises citizen rights issues; A ruling by an appellate court in Atlanta last week could make foreign-born U.S. citizens more vulnerable to revocation of their citizenship" and "'Character' is a key issue in citizenship case; The crux of the controversial citizenship case involving a Haitian-American restaurant owner is whether his alleged criminal activity while awaiting naturalization barred him from becoming a citizen."
Posted at 14:20 by Howard Bashman



The Oklahoman is reporting: Saturday's newspaper contained an article headlined "Investigators seize items from ex-judge's office" that begins, "Investigators on Friday searched the chambers and courtroom of a former Creek County judge as part of an inquiry into alleged sexual misconduct. Items seized included carpet samples and a chair cushion, plus robes that had belonged to retired District Judge Donald D. Thompson, The Oklahoman has been told. Special Prosecutor Richard Smothermon is trying to determine whether ample evidence exists to prosecute Thompson on allegations that he occasionally used a 'penis pump' on the bench, including during a murder trial."

Saturday's issue of that newspaper also contained an article headlined "Appellate judge faces allegations about ex-secretary."
Posted at 12:44 by Howard Bashman



"Congress Must Stop Ignoring 'Enemy Combatants'": Stuart Taylor Jr. has this essay today in National Journal.
Posted at 11:50 by Howard Bashman



"Gay book ban would limit theater; Professor says bill would force department to repeat productions": This article appears today in The Crimson White of the University of Alabama.
Posted at 11:24 by Howard Bashman



U.S. District Judge "shocked" by elimination of federal shock incarceration program: The Buffalo News reported Saturday that "Local judge, lawyers decry elimination of federal shock incarceration program."
Posted at 11:20 by Howard Bashman



Obtain a Justice Sandra Day O'Connor bobblehead doll and assist with tsunami relief efforts: This auction has just gotten underway online at eBay.
Posted at 10:50 by Howard Bashman



"Democrats Are United in Plans To Block Top Bush Initiatives": This front page article appears today in The Washington Post.
Posted at 10:32 by Howard Bashman



Today's U.S. Supreme Court Order List: Today's Order List can be accessed at this link. After having granted review in nine cases on Friday (summarized here by Lyle Denniston of "SCOTUSblog"), the Court today granted review in no new cases. The Court did, however, ask for the views of the Solicitor General regarding one case. And the Court showed no interest in a speedy resolution of whether judicial recess appointments are constitutional.

In early coverage from The Associated Press, Gina Holland reports that "Supreme Court Sidesteps Gay Adoption Case" and "Court Won't Block KKK From Highway Cleanup." Hope Yen reports that "Court Won't Hear Gun Industry's Appeal." The AP also reports that "High Court Declines Hear Nader's Case"; "Supreme Court Turns Down Traficant Appeal"; "High Court Declines to Hear WorldCom Suit"; "High Court OKs Drunk Charges Vs. Pilots"; and "High Court Declines to Hear HMO Lawsuit."

Meanwhile, from Reuters, James Vicini reports that "Supreme Court Lets Stand Florida's Gay Adoption Ban." Reuters also reports that "Supreme Court Rejects HMOs Appeal in MD Suit"; "Supreme Court Lets Stand Ex-Congressman's Conviction"; and "High Court Sides with Klan in Adopted Highway Program."
Posted at 10:00 by Howard Bashman



Supreme Court of Israel allows lesbian couple to adopt: The Jerusalem Post offers a news update headlined "Court: Lesbians can adopt spouse's kids." And Haaretz offers a news update headlined "Supreme Court allows lesbian couple to adopt."
Posted at 09:55 by Howard Bashman



"Legal spy thriller heads to Supreme Court; Suit: Couple claim CIA reneged on deal." Gail Gibson had this article last week in The Baltimore Sun. The case is being argued tomorrow at the U.S. Supreme Court.
Posted at 09:50 by Howard Bashman



"Administration Expands Anti-Lawsuit Push; The Supreme Court will consider two cases -- one dealing with peanut farmers, the other with dot-com investors who say they were misled": David G. Savage had this article yesterday in The Los Angeles Times.
Posted at 09:48 by Howard Bashman



Images of naked pretend U.S. Supreme Court Justices proves too much for some public libraries in Mississippi: The Associated Press offers an article headlined "Some Miss. Libraries Ban Jon Stewart Book" that begins, "Library officials in two southern Mississippi counties have banned Jon Stewart's best-selling 'America (The Book)' over the satirical textbook's nude depictions of the nine U.S. Supreme Court justices."

And in local coverage, The Sun Herald of Biloxi, Mississippi today contains an article headlined "Critics: Censorship exceeds authority; Residents denounce book-banning decision."
Posted at 09:44 by Howard Bashman



"Unocal Announces It Will Settle A Human Rights Suit: What Is the Real Story Behind Its Decision?" FindLaw columnist Anthony J. Sebok has this essay today.
Posted at 09:35 by Howard Bashman



"Quiet judge finds controversy when he dons Ten Commandments robe": The Associated Press provides this report.
Posted at 07:02 by Howard Bashman



"GOP threatens to end filibuster": This article appears today in The Biloxi Sun Herald.

And The Baltimore Sun today contains an editorial entitled "Judicial politics."
Posted at 07:00 by Howard Bashman



"Rowland's Plea Seen as a Shrewd Deal, if Not a Pleasant One": The New York Times contains this article today.
Posted at 06:58 by Howard Bashman



"McConnell on List for Supreme Court?" This article appears today in The New York Sun.
Posted at 06:54 by Howard Bashman



Sunday, January 09, 2005
"Spying Case Tossed Out; Federal judge scolds prosecutors in her dismissal of criminal charges against a woman accused of working as a Chinese double agent": Friday's edition of The Los Angeles Times contained this article reporting on a ruling that the U.S. District Court for the Central District of California issued on Thursday.
Posted at 23:12 by Howard Bashman



"Supreme Court to rule on 'most important securities case in a decade'": In Monday's issue of Financial Times, Patti Waldmeir has an article that begins, "It is a deceptively simple question, yet one that could affect just over half the American population: do investors have to lose money before they can sue a company that lies about its stock? In one form or another, the issue is at the centre of many of the biggest investor lawsuits born of the collapse of the internet stock bubble and the Enron scandal. On Wednesday the US Supreme Court will hear what legal experts say is the most important securities case in a decade."

And The San Diego Union-Tribune today contains an article headlined "No harm, no foul? High court to decide; Dura investors challenge linking damages to losses."
Posted at 23:10 by Howard Bashman



"Court to Hear Arguments of CIA Spies; Former Soviet-Bloc Couple Sued Agency for Breach of Clandestine Deal": Charles Lane will have this article in Monday's edition of The Washington Post.

And The Los Angeles Times today contains an article headlined "Justices to Hear Case on Secrets and Spies; The CIA says a lawsuit by a former Soviet bloc couple could expose classified information."

My earlier coverage of this real-life case of case of Spy vs Spy can be accessed here (Ninth Circuit's denial of rehearing en banc) and here (Ninth Circuit's divided three-judge panel opinion).
Posted at 23:00 by Howard Bashman



The Associated Press is reporting: Now available online are articles headlined:
Posted at 22:54 by Howard Bashman



"Judge Stalls Woman's Divorce From Abusive Spouse; He voids an order, citing her pregnancy; Rights groups and legal experts question the ruling": This article appears today in The Los Angeles Times.
Posted at 22:50 by Howard Bashman



"Don't confirm Gonzales": The Milwaukee Journal Sentinel contains this editorial today.

Yesterday, The St. Petersburg Times contained an editorial entitled "Tortured answers: Alberto Gonzales' performance this week didn't inspire confidence that he might break from White House ideology as attorney general." And today in that newspaper, columnist Robyn E. Blumner has an essay entitled "The two faces of America."

Yesterday in The New York Daily News, columnist Michael Goodwin had an essay entitled "Dems prove again they're out of touch."

Today in The Oregonian, columnist David Sarasohn has an essay entitled "Gonzales provides tortured testimony."

And Today in The Times of London, Andrew Sullivan has an essay entitled "Bush's new sheriff reveals a double standard on torture."
Posted at 22:45 by Howard Bashman



"To Try to Net Killer, Police Ask a Small Town's Men for DNA": This article will appear Monday in The New York Times.
Posted at 22:40 by Howard Bashman



"The verdict is in: The ruling? Unsatisfying; This book about the U.S. Supreme Court and the effect of conservative politics on it won't fulfill readers seeking answers." Today in The Orlando Sentinel, Sam A. Mackie has this review of Law Professor Mark Tushnet's book, "A Court Divided: The Rehnquist Court and the Future of Constitutional Law."
Posted at 22:30 by Howard Bashman



Ten Commandments news: The saying goes that history is capable of repeating itself, and The Associated Press reports from Montgomery, Alabama that "Ten Commandments display removed."

From New Hampshire, The AP reports that "City debates commandments display."

And Idaho Press-Tribune reports that "Caldwell pilots support marker; Ten Commandments placards placed on private hangars."
Posted at 22:24 by Howard Bashman



In commentary about the First Amendment: The Free Lance-Star today contains an essay by John W. Whitehead entitled "The 'offend-no-one' crowd just doesn't understand the First Amendment; 'Offend no one' notion should offend all who respect free speech."

And from the First Amendment Center, Paul K. McMasters has an essay entitled "Criminalizing terrorist speech is tempting but wrong," while Charles C. Haynes has an essay entitled "Fighting over religion: What to watch for in 2005."
Posted at 22:20 by Howard Bashman



"Bush Paints His Goals As 'Crises'; President Reprises A First-Term Tactic": Yesterday's issue of The Washington Post contained a front page article the last paragraph of which stated:
Finally, Bush accuses Democrats of creating a "vacancy crisis" on the courts by opposing his nominees. Republicans claim Democrats have abused the Senate filibuster by blocking 10 of the president's 229 judicial nominees in his first term -- although confirmation of Bush nominees exceeds, in most cases, the first-term records of presidents going back to Ronald Reagan. "Does that sound like a crisis? Only if you failed math really badly," Reid said.
And The Roanoke Times today contains an op-ed by Law Professor Carl Tobias entitled "Heed Sen. Reid on selecting federal judges."
Posted at 22:15 by Howard Bashman



"It's official: Specter holds the chair." The Medill News Service offers an article that begins, "U.S. Sen. Arlen Specter, R-Pa., made his long-awaited debut as chairman of the Senate Judiciary Committee on Thursday, overseeing the confirmation hearing of controversial Attorney General nominee Alberto R. Gonzales."
Posted at 22:10 by Howard Bashman



"Senate, courts may face constitutional battle over Dist. 37 seat": The Courier-Journal of Louisville, Kentucky today contains an article that begins, "The Republican-led Senate's decision last week to award its 37th District seat to Dana Seum Stephenson has set up an "unprecedented" conflict between the General Assembly and the courts, legal experts said."
Posted at 22:05 by Howard Bashman



"A struggle to define marriage: Can a same-sex union be a marriage? Some Triangle residents go beyond politics and shrill slogans, look within themselves and arrive at different answers; In N.C. and Washington, the issue is about to heat up again." This article appears today in The News & Observer of Raleigh, North Carolina.
Posted at 22:00 by Howard Bashman



"Pryor supporters debate timing of confirmation vote": The Associated Press provides this report.
Posted at 21:58 by Howard Bashman



"New Challenge in Washington Race": This segment (RealPlayer required) about the Governor's race in Washington State appeared on this evening's broadcast of NPR's "All Things Considered."

And today's issue of The New York Times Magazine contains an interview headlined "Recounted Blessings" with Governor-elect Christine Gregoire.
Posted at 18:30 by Howard Bashman



"Bush should tap Mich. court for judicial picks": Columnist Thomas Bray has this essay today in The Detroit News.
Posted at 12:30 by Howard Bashman



Marty Lederman's torture memo analysis, in four parts: The analysis is posted at the blog "Balkinization," and you can access the posts by clicking here to start at the beginning or by choosing one of the four parts directly (one, two, three, four).
Posted at 12:24 by Howard Bashman



"Unanswered Questions: Alberto Gonzales will likely be confirmed; But that won't stop the widening scandal over Gitmo detainees." Michael Isikoff will have this article in the January 17, 2005 issue of Newsweek.
Posted at 12:21 by Howard Bashman



"Intelligent design: Is it just creationism lite?" This lengthy article appears today in The Pittsburgh Post-Gazette.
Posted at 09:45 by Howard Bashman



"Nelson says he stands on his judicial voting record": Last Wednesday, The Lincoln (Neb.) Journal-Star published an article that begins, "Sen. Ben Nelson sharply objected Tuesday to Christian conservative leader James Dobson's suggestion he could be targeted for defeat in 2006 if he votes to block President Bush's judicial nominees."
Posted at 09:42 by Howard Bashman



"Newdow targets use of clergy": This article appears today in The Washington Times.
Posted at 09:40 by Howard Bashman



In news and commentary regarding Connecticut's death penalty volunteer: Today in The Hartford Courant, Lynne Tuohy has an article headlined "A Lethal Routine, A Grim Debate: Texas Offers Lessons For Ross Execution." In related news, "Catholics Debate Death Penalty; Archbishop's Letter Is Read At Masses." And Donald S. Connery has a very lengthy essay entitled "You, Me And The Death Penalty."
Posted at 09:35 by Howard Bashman



"Head against heart in pot case; Supreme Court reviews local law": Bob Egelko has this article today in The San Francisco Chronicle.
Posted at 09:30 by Howard Bashman



"Uncertainty Hangs Over Return of Supreme Court; Chief Justice's Frail Health Raises Issue of Successor, Which Could Provoke Fierce Senate Clash": Charles Lane has this article today in The Washington Post.

And today in The Philadelphia Inquirer, columnist Jane Eisner has an essay entitled "Why the state of Rehnquist's health is our business."
Posted at 08:40 by Howard Bashman



"Suspicion in the Ranks: Inside the spy investigation of Capt. James Yee." This week-long series begins today in The Seattle Times.
Posted at 08:32 by Howard Bashman



Saturday, January 08, 2005
"Confirmation Hearing for Alberto Gonzales to be Attorney General": Via C-SPAN, you can access by clicking here (RealPlayer required) all seven-plus hours of this past Thursday's confirmation hearing before the Senate Judiciary Committee.
Posted at 23:00 by Howard Bashman



"Jail Food Can Be a Hard Sell; Reforms have made prison chow tastier and more nutritious; But at mealtime, inmates' reviews often boil down to: 'It's basically slop.'" This article appears today on the front page of The Los Angeles Times.

And just over two years ago, Slate's Dahlia Lithwick provided the recipe for prison loaf in an essay entitled "Loaf Without Parole: The sniper complains about the food in the big house."

Meanwhile, on the outside, together with family and friends I had a very enjoyable dinner this evening at Abner's Authentic Barbecue.
Posted at 22:00 by Howard Bashman



Another U.S. Court of Appeals is on the verge of requiring electronic briefs: The U.S. Court of Appeals for the Second Circuit yesterday issued this Notice of Rule Change.
Posted at 21:44 by Howard Bashman



"The Dobson way: An evangelical leader steps squarely into the political ring." This lengthy article will appear in the January 17, 2005 issue of U.S. News & World Report.
Posted at 21:33 by Howard Bashman



In Sunday's issue of The New York Times: In news from Boston, "Judge's Libel Suit Against Paper Proceeds."

And Law Professor Alan M. Dershowitz has a review of John Grisham's latest book.
Posted at 20:20 by Howard Bashman



"Pickering intends to take life 'a little easier'": Today's issue of The Northeast Mississippi Daily Journal contains an article that begins, "It's been about a month since Charles Pickering Sr. announced his resignation from the 5th Circuit Court of Appeals, and the Laurel native couldn't be happier."
Posted at 20:10 by Howard Bashman



"Scalia to speak on religion clauses in Constitution at Ave Maria": The AP provides this report.
Posted at 20:04 by Howard Bashman



"2005 Shaping Up As Hectic for High Court": Gina Holland of The Associated Press provides this report.
Posted at 19:58 by Howard Bashman



In news from Washington State: The Seattle Post-Intelligencer today contains articles headlined "Rossi files suit for a new vote; Trying to nullify Gregoire win, Republican cites series of errors" and "Untested voting systems used; State let seven counties bypass checks for federal standards."

The Seattle Times reports that "GOP suit doesn't ask to prevent swearing-in."

And The Los Angeles Times reports that "Republican Sues for Washington Revote."
Posted at 16:50 by Howard Bashman



In news from Michigan: The Macomb Daily today contains articles headlined "President stumps for lawsuit reform; Critics say big business, insurers stand to benefit" and "Spectators impressed by charisma, arguments."

The Detroit Free Press contains articles headlined "Bush uses Macomb visit to push for limits on asbestos lawsuits" and "Some see a Senate bid for Miller; President's visit fuels talk of challenge to Democrat Stabenow."

The Detroit News reports that "Bush campaigns against frivolous asbestos lawsuits in Clinton Twp."

The New York Times reports that "Bush Calls for Change in Handling Asbestos Lawsuits."

The Washington Post reports that "Bush Urges Settlement of Asbestos Claims; President Appeals to Congress to Stanch Lawsuits He Says Are Bankrupting Companies."

The Los Angeles Times reports that "Bush Backs Asbestos Tort Fund; His promotion of a trust to settle massive lawsuits is part of a larger push to change the legal system."

The Toledo Blade reports that "Bush takes aim at asbestos suits in Michigan visit; 'Junk' claims clog courts, he says."

And the White House has made available a transcript of yesterday's remarks under the heading "President Participates in a Conversation on Asbestos Litigation."
Posted at 14:10 by Howard Bashman



"Even for an Expert, Blurred TV Images Became a False Reality": The New York Times contains this article today. And The Houston Chronicle today contains an article headlined "Witness: Yates prosecutors spurred error; Psychiatrist cites district attorneys for the flawed info about TV show."
Posted at 14:05 by Howard Bashman



"Atheist sues to ban hand on Bible": This article appears today in The Washington Times.
Posted at 10:52 by Howard Bashman



News relating to Connecticut's death penalty volunteer: In The Hartford Courant today, Lynne Tuohy has articles headlined "ACLU Argues For A Stay; Ross Comments Via Video Link" and "Judges: Let's See The Evidence."
Posted at 10:50 by Howard Bashman



"Killer's execution appeal is denied": Claire Cooper has this article today in The Sacramento Bee.

In The San Francisco Chronicle, Bob Egelko reports that "Death Row appeal rejected by judge."

And The San Mateo Daily Journal today contains an article headlined "Prosecutor: Killer deserves no mercy."
Posted at 10:44 by Howard Bashman



"Supreme appearances": This editorial appears today in The Boston Globe.

The Austin American-Statesman today contains an editorial entitled "Threatening senators over judicial choices was a political blunder."

And today in The Toledo Blade, Jack Kelly has an op-ed entitled "A Supreme Court fight?"
Posted at 09:12 by Howard Bashman



"Enron Accountants' Case Up for Review": David G. Savage has this article today in The Los Angeles Times.

In The New York Times, Linda Greenhouse reports that "Supreme Court Will Review Conviction of Arthur Andersen."

The Washington Post reports that "High Court Will Hear Andersen Appeal; Auditing Firm's Conviction Changed Recordkeeping."

The Chicago Tribune reports that "High court to hear Andersen; Accounting firm seeks reversal of 2002 conviction."

Mary Flood of The Houston Chronicle reports that "Top court to hear Andersen appeal; Accounting firm was convicted of obstructing the Enron investigation."

And Financial Times reports that "Supreme Court to hear Andersen appeal."
Posted at 09:10 by Howard Bashman



"Rehnquist delays his return to bench": This article appears today in The Boston Globe. And Michael McGough of The Pittsburgh Post-Gazette reports that "Rehnquist to miss court next week; Court still withholding details on thyroid cancer."
Posted at 09:00 by Howard Bashman



Friday, January 07, 2005
"Rehnquist's Absence To Continue": Charles Lane will have this article in Saturday's edition of The Washington Post.
Posted at 23:12 by Howard Bashman



In news from Washington State: The Seattle Times provides a news update headlined "Rossi challenges governor's election." And today's edition of that newspaper contained an article headlined "Voting by dead people isn't always a scam."

The Seattle Post-Intelligencer today contained articles headlined "Dead voted in governor's race; King County investigating 'ghost voter' cases" and "'I want you to vote for me,' dying wife said."

And The New York Times on Saturday will report that "Washington Lawsuit Disputes Results of Race for Governor."
Posted at 23:00 by Howard Bashman



"Court agrees to hear nine new cases": At "SCOTUSblog," Lyle Denniston provides this summary of the cases that the U.S. Supreme Court agreed to hear on the merits today.
Posted at 22:45 by Howard Bashman



The Houston Chronicle is reporting: Mary Flood has a news update headlined "High Court to reconsider Arthur Andersen file-shredding case."

And in other news, "Appeals court rejects conviction of Yates; Prosecutors will ask for a rehearing in Yates case."
Posted at 22:42 by Howard Bashman



Available online from law.com: Tony Mauro has articles headlined "Supreme Court Set to Enter Tort Battleground" and "Two Supreme Court Justices to Sit Out Merck Case."

In news from New York, "Listerine Ads Leave Bad Taste in Judge's Mouth; Federal judge finds company's ad claims to be false."

And in news from Atlanta, "Dunne Loses Bid to Seal Video Deposition in Defamation Suit by Condit; Suit stems from Dunne's radio remarks on disappearance of Washington intern Chandra Levy."
Posted at 22:35 by Howard Bashman



"Supreme Court again finds itself in the middle of a cultural controversy": Stephen Henderson of Knight Ridder Newspapers provides this report.
Posted at 22:33 by Howard Bashman



"Senators Quiz Gonzales on Torture Policy; Amid sharp questions but virtually assured of confirmation, the nominee for attorney general denies crafting rules that led to abuses": The Los Angeles Times contains this article today.

The Chicago Tribune reports that "Justice nominee Gonzales says torture unacceptable."

The Boston Globe reports that "Gonzales speaks out against torture; AG pick defends his advice to Bush."

The San Francisco Chronicle reports that "Gonzales unflappable in 6 hours of testimony; Bush nominee says torture will not be tolerated."

USA Today reports that "Gonzales 'troubled and offended' by abuse; Nominee says he's not responsible for interrogation tactics."

The Baltimore Sun reports that "Nominee for attorney general disavows use of torture tactics; Gonzales sidesteps some of toughest questioning."

The Washington Times reports that "Gonzales decries torture."

The Pittsburgh Post-Gazette reports that "Gonzales grilled by Democrats on torture; Maintains Geneva Conventions don't apply to Taliban, al-Qaida."

The New York Sun reports that "Gonzales Denies Playing Role on Torture, As Confirmation Hearing Turns Tense."

The Milwaukee Journal Sentinel reports that "Gonzales grilled on torture, abuse policies; Attorney general nominee condemns practices at hearing."

The Arizona Republic reports that "Bush's pick evades grilling by senators about torture; Gonzales evades senators' questions on policy."

Newsday reports that "AG nominee says he'd uphold laws and treaties, but backs broad presidential powers."

The St. Louis Post-Dispatch reports that "Gonzales denies memos led to abuse of prisoners."

The San Jose Mercury News contains an article headlined "Ethnicity vs. politics: Nominee divides Latinos."

The Cox News Service reports that "Nominee defends terrorism memos but promises rule of law."

The Houston Chronicle reports that "Gonzales appears close to approval; Nominee faces tough questions from senators, but no serious hurdles."

The Fort Worth Star-Telegram reports that "Attorney general nominee defends record."

The San Antonio Express-News contains an article headlined "'Abuse will not be tolerated.'"

The New Haven Register reports that "Gonzales defends legal memo on torture."

From Australia, The Sydney Morning Herald contains articles headlined "Bush nominee grilled over torture role" and "Kidnapping Habib illegal: Gonzales."

The Washington Post, in its style section, today contained an article headlined "On the Hill, Where It's Hot . . . or Not; Attorney General Nominee Doesn't Break a Sweat in Senate." That newspaper today also contained an editorial entitled "Mr. Gonzales's Testimony."

The New York Times contains an editorial entitled "Mr. Gonzales Speaks," while columnist Bob Herbert has an op-ed entitled "Promoting Torture's Promoter."

Bloomberg News columnist Ann Woolner has an essay entitled "Gonzales, an Enabler as the President's Lawyer."

Cox News Service columnist Tom Teepen has an essay entitled "The Gonzales two step."

At National Review Online, Rich Lowry has an essay entitled "Bring It On: The real Gonzales fight"; Andrew C. McCarthy has an essay entitled "Fatuous: The witnesses against Judge Gonzales torture logic"; and Jonah Goldberg has an essay entitled "¿Como Se Dice 'Bloviators'? Watching the Gonzales hearing."

And online at The American Prospect, Jeffrey Dubner has an essay entitled "Inherently Wrong: Alberto Gonzales may oppose torture, but he doesn't support our Constitution," while David DeBatto has an essay entitled "From Alberto to the Insurgency: An Iraq War veteran explains why Alberto Gonzales has already done enough damage."
Posted at 22:30 by Howard Bashman



"Specter keeps hearing on track; A high-profile start as Senate Judiciary Committee chairman": This article appears today in The Philadelphia Inquirer. The New York Times reports that "New Man With Gavel Finds Relish in the Role." And The Allentown Morning Call today reports that "For panel, Specter seeks 'new beginning.'"
Posted at 21:40 by Howard Bashman



U.S. Court of Appeals for the Fifth Circuit, in conflict with rulings from the Second and D.C. Circuits, holds that a federal district court cannot dismiss a case based on forum non conveniens without first assuring itself of the existence of subject matter jurisdiction: You can access today's per curiam opinion at this link.

The subject of this decision may be dry and of no interest to non-lawyers, but today's ruling establishes that not every case before the Fifth Circuit involves disputed ownership of profane rap lyrics.
Posted at 20:10 by Howard Bashman



Available online from National Public Radio: Today's broadcast of "Morning Edition" contained a segment entitled "Gonzales Says Torture Memo Was Withdrawn" featuring Nina Totenberg.

And today's broadcast of "Day to Day" contained a segment entitled "Yates Wins Appeal Due to Non-Existent 'Law and Order' Show" featuring Jeffrey Toobin.

RealPlayer is required to launch these audio segments.
Posted at 19:04 by Howard Bashman



"Supreme Court Will Review Death Row Wins": Gina Holland of The Associated Press provides this report.
Posted at 19:00 by Howard Bashman



"Serial Killer Spurns Dad's Bid to Block Death": Reuters provides this report from Connecticut.
Posted at 18:05 by Howard Bashman



"Stand by Your Memos: Alberto Gonzales' refusal to defend even the defensible." Slate has just posted online this jurisprudence essay by Dahlia Lithwick.
Posted at 17:38 by Howard Bashman



"Bush Lawyers Target Gun Control's Legal Rationale": Jess Bravin of The Wall Street Journal has this freely accessible article today in that newspaper. The article begins, "Readying for a constitutional showdown over gun control, the Bush administration has issued a 109-page memorandum aiming to prove that the Second Amendment grants individuals nearly unrestricted access to firearms." The memorandum can be accessed here.
Posted at 17:33 by Howard Bashman



Not every U.S. Court of Appeals judge electing to take senior status will share the same name as a supermodel: Third Circuit Judge Richard L. Nygaard will be taking senior status effective July 9, 2005. Currently, there are no vacancies on that court.
Posted at 17:00 by Howard Bashman



Some lawyers can't wait to join the U.S. Supreme Court: With apologies to The Green Bag (a publication for which I and a quite impressive list of others have embarked on a top-secret project), The Birmingham News yesterday contained an article headlined "Lawyer's bobblehead dolls turning heads." (Via "(The Return of) Ignatz.")

So a lawyer creates a bobblehead doll of himself, and it turns out to be quite the popular item. Why didn't I think of that?
Posted at 16:45 by Howard Bashman



"ACLU Tells Federal Appeals Court that HIV Positive Health Care Workers Pose No Threat to Others": The ACLU has issued this press release relating to an amicus brief that the organization filed yesterday in the U.S. Court of Appeals for the Tenth Circuit.
Posted at 16:40 by Howard Bashman



"Court to decide if Citizen can be sued for letter": The Tucson Citizen yesterday contained an article that begins, "Arizona's highest court will decide if the Tucson Citizen can be sued for publishing a letter to the editor suggesting that American soldiers in Iraq respond to attacks by killing Muslims at nearby mosques."
Posted at 16:34 by Howard Bashman



Eleventh Circuit Judge William H. Pryor, Jr. to deliver keynote address at Columbia Law Review symposium on the topic "Sentencing: What's at Stake for the States?" You can access more information about the symposium at this link and can register to attend free-of-charge at this link. As of yet, U.S. Senator Edward M. Kennedy (D-MA) has not asked any court to declare unconstitutional a judicial recess appointee's participation at a law review's symposium (cf. this earlier post).
Posted at 16:11 by Howard Bashman



Access online today's U.S. Supreme Court Order List: The Court today granted review in a total of nine cases. You can access the Order List at this link.
Posted at 15:40 by Howard Bashman



U.S. Supreme Court, with two Justices recused, grants review in patent dispute involving cancer therapy: Hope Yen of The Associated Press reports that "Supreme Court to Hear Drug Patent Dispute." And the "Patently Obvious" blog offers a post titled "Supreme Court to Hear Patent Case Merck v. Integra."
Posted at 15:11 by Howard Bashman



With apologies to readers easily made queasy: Lyle Denniston of "SCOTUSblog" has a new post titled "Chief Justice will not be on bench." The post contains a statement from the U.S. Supreme Court's public information officer, who attributes the Chief's absence from the bench next week to "continuing secretions caused by his tracheotomy and radiation therapy."

And in other coverage, Reuters reports that "Chief Justice Rehnquist Won't Return on Monday." The article notes that today is the thirty-third anniversary of the date on which William H. Rehnquist began serving as an Associate Justice on the U.S. Supreme Court.
Posted at 15:02 by Howard Bashman



"Legal scholar in midst of check probe": Yesterday's edition of The Miami Herald contained this article.
Posted at 14:28 by Howard Bashman



"Dover teachers want out; All but one of the high school's science instructors want to opt out of reading a statement on intelligent design": This article appears today in The York (Pa.) Daily Record.
Posted at 14:15 by Howard Bashman



"Top Court to Review Andersen Conviction": Reuters provides this report. And Bloomberg News reports that "Arthur Andersen Gets U.S. Supreme Court Hearing on Conviction."
Posted at 14:10 by Howard Bashman



In news relating to the Los Angeles Angels of Anaheim from the City of Anaheim in the County, State, and Nation containing Anaheim: The AP is reporting that "Court Won't Block Angels Name Change."
Posted at 14:02 by Howard Bashman



"Rehnquist Not Expected Back on the Bench": The Associated Press reports here that "Chief Justice William H. Rehnquist will not preside on Monday when the Supreme Court returns from the holidays, a court spokeswoman said Friday."
Posted at 14:00 by Howard Bashman



"Judge: Listerine No Replacement for Floss." The AP provides this report. Thank goodness our federal judiciary stands ready to determine whether Listerine is as effective as dental floss.
Posted at 13:55 by Howard Bashman



"Court Orders Refund for Mickey Mantle Card": The Associated Press reports here on a ruling that the Supreme Court of Nebraska issued today.
Posted at 13:52 by Howard Bashman



The AP is reporting: Now available online are articles headlined "Atheist Sues to Thwart Inauguration Prayer" and "Accuser: Bryant Trying to Delay Trial."
Posted at 13:45 by Howard Bashman



"Court to Consider Andersen Conviction": The Associated Press reports here that "The Supreme Court said Friday it will consider overturning Arthur Andersen LLP's conviction for destroying and altering Enron Corp.-related documents." The list of Miscellaneous Orders that the U.S. Supreme Court issued this afternoon is not yet freely available online.
Posted at 13:40 by Howard Bashman



Recent news and commentary regarding Connecticut's death penalty volunteer: The Hartford Courant yesterday contained articles headlined "Public Defenders Plead For Input; Office Asks Justices To Let It Weigh In On Ross Competence" and "Death Penalty Fight Escalates; Catholic Church Presses Opposition To Executing Ross." The newspaper yesterday also contained an editorial entitled "Death Penalties Decline."

On Wednesday, The Courant reported that "Officials Plan For Execution Protesters."

Finally, you can view Wednesday's oral argument in the case before the Supreme Court of Connecticut by clicking here (Windows Media Player required; link via "Kirby's Reports").
Posted at 12:21 by Howard Bashman



"Frist Fingers 'Nuclear' Trigger; Republican Leader Warns He Will End Democratic Filibusters": Robert B. Bluey has this essay today at Human Events Online.
Posted at 12:18 by Howard Bashman



Too much of a good thing? The next installment of my monthly appellate column will appear Monday in The Legal Intelligencer. Its working title is "Attempting to Preserve 104 Issues for Appeal Results in the Preservation of None," focusing on a decision that the Superior Court of Pennsylvania issued last month. An archive consisting of nearly all of my earlier monthly appellate columns can be accessed here.
Posted at 12:03 by Howard Bashman



U.S. Court of Appeals for the Eighth Circuit upholds award in excess of $9 million against Brown & Williamson Tobacco Company in favor of deceased smoker's husband on a claim of cigarette design defect: You can access today's very interesting ruling at this link. The award consists of more than $4 million in compensatory damages plus $5 million in punitive damages, which the appellate court reduced from the jury's award of $15 million in punitive damages.
Posted at 11:25 by Howard Bashman



"Does Race-Based Law School Affirmative Action Actually Hurt African-Americans? Part One in a Series On a Law Professor's Provocative Claim." FindLaw columnist Vikram David Amar has this essay online today.
Posted at 11:08 by Howard Bashman



Senate Judiciary Committee Chairman Arlen Specter (R-PA) disagrees with The Philadelphia Inquirer over whether that committee will serve as a rubber-stamp for President Bush's judicial nominees: The Philadelphia Inquirer today contains an editorial entitled "Bush and the New Congress: An ill wind is blowing" which states that "The Senate Judiciary Committee no longer appears to be anything but a rubber-stamp for Bush's nominees, now that its chairman, Arlen Specter (R., Pa.), has been cowed by the strafing he took from conservative operatives late last year."

Yet the newspaper today also prints a letter to the editor from Senator Specter in which he writes, "In the context of my having supported President Bush's judicial nominees in his first term, I did say that I did not anticipate opposing his future nominees. But contrary to the report in the Jan. 5 Inquirer article 'Specter is elected Judiciary Committee chief,' I gave no blank check to back all appointments regardless of who might be nominated."
Posted at 11:00 by Howard Bashman



"U.S. appeals court won't halt execution": The Sacramento Bee contains this article today. In The San Francisco Chronicle, Bob Egelko reports that "Killer loses bid for rehearing." And The San Jose Mercury News reports today that "Federal judge to rule on death penalty case."
Posted at 08:48 by Howard Bashman



"Suit seeks to annul Murphy's victory; Anticipated challenge asks judge to declare Frye mayor": This article appears today in The San Diego Union-Tribune. And The Los Angeles Times reports today that "Frye's Backers File Another Suit Over San Diego Mayoral Election; Legal action challenges exclusion of ballots that would have made her the winner."
Posted at 08:45 by Howard Bashman



"Arabic Translator To Enter Guilty Plea In Guantanamo Bay Documents Case": Josh Gerstein has this article today in The New York Sun.
Posted at 08:40 by Howard Bashman



"Dads blast prosecutor in fetus case; The father of the boy accused of causing the miscarriage says he was charged to boost the official's career": This article appears today in The Detroit News. The Detroit Free Press reports today that "Teens aren't allowed contact; Judge rules in case of forced miscarriage." And The Macomb Daily News reports that "Fathers in teen abortion case discuss communicating with their children."
Posted at 08:35 by Howard Bashman



"Affirmative action ban on way to ballot; Petition signatures submitted for '06 vote": The Detroit Free Press contains this article today.

The Lansing State Journal reports that "Affirmative action opponents move closer to securing vote; Group turns in 500,000 signatures; 317,757 must be valid to get on ballot."

The Michigan Daily today contains articles headlined "MCRI turns in petition signatures" and "New lawsuit demands 'U' refund application fees."

And The Macomb Daily News reports that "Affirmative action petitions submitted; Group wants to put ban on hiring preferences on ballot."
Posted at 08:30 by Howard Bashman



Thursday, January 06, 2005
"Gonzales Speaks Against Torture During Hearing": This article will appear Friday in The New York Times.

And Friday's edition of The Washington Post will report that "Gonzales Defends His White House Record; Nominee Questioned On Detainee Policies."
Posted at 22:40 by Howard Bashman



"New Trial for a Mother Who Drowned 5 Children": Adam Liptak will have this article in Friday's edition of The New York Times.

And The Dallas Morning News offers articles headlined "Yates murder conviction overturned" and "Advocates, experts favor Yates ruling; Others see few changes forthcoming."
Posted at 22:02 by Howard Bashman



"Gonzales Faces Tough Questions on Torture": This segment (link leads to written transcript, which offers audio link) appeared on this evening's broadcast of the PBS program "The NewsHour with Jim Lehrer."
Posted at 22:00 by Howard Bashman



Available online from law.com: An article reports that "Gonzales Hearing Follows Partisan Path; Under fire from Senate Democrats, attorney general-designate disavows torture tactics."

In news from Texas, "Court Cites False 'Law & Order' Testimony in Overturning Yates Conviction."

An article reports that "Calif. Justices Probe Arbitration's Enforceability."

And in other news, "Circuits Split Over 'Safe Harbor' Protection for Companies; 7th Circuit ruling called 'huge blow to the defense bar.'"
Posted at 21:52 by Howard Bashman



"Andrea Yates' conviction thrown out": The Houston Chronicle provides this news update. Archives of that newspaper's extensive earlier coverage of the matter can be accessed here and here.
Posted at 20:20 by Howard Bashman



In news from Washington State: The Associated Press reports that "Two court challenges filed in governor's race."

The Seattle Post-Intelligencer reports today that "GOP announces 'bombshell' in voting; Vance produces election worker who raised ballot questions."

The Seattle Times reports that "GOP says hundreds of ballots suspect."

And The Olympian today contains an article headlined "GOP: King Co. ballots invalid; Poll worker reports improper processing."
Posted at 20:12 by Howard Bashman



"Gonzales interrogated on use of torture in day-long hearing": Knight Ridder Newspapers offer this report.

The Los Angeles Times provides a news update headlined "Gonzales Disavows Torture Tactics."

And The New York Times offers this lengthy but not yet complete transcript of today's confirmation hearing.
Posted at 20:05 by Howard Bashman



Available online from National Public Radio: This evening's broadcast of "All Things Considered" contained segments entitled "Gonzales Faces Tough Questioning in Senate Hearing"; "A Closer Look at Pertinent Memos in the Gonzales Hearing"; and "A Brief History of the Attorney General Position."

And today's broadcast of "Talk of the Nation" contained a lengthy segment entitled "Gonzales Hearings Include Torture Questions."

RealPlayer is required to launch these audio segments.
Posted at 19:00 by Howard Bashman



"The New Blue Federalists: The case for liberal federalism." Law Professor Richard Thompson Ford has this jurisprudence essay online at Slate.
Posted at 18:55 by Howard Bashman



"Woman Accused of Stealing Gavel From Judge": The Associated Press provides this report.
Posted at 17:01 by Howard Bashman



"Bush Again Presses for Class-Action Caps": The Associated Press provides this report. Reuters reports that "Bush Pushes for Deal Limiting Class-Action Lawsuits." And the White House's web site offers the text of President Bush's remarks in an item headlined "President Meets with Members of Congress on Class-Action Reform."
Posted at 16:28 by Howard Bashman



On today's broadcast of NPR's "Day to Day": The broadcast contained segments entitled "Gonzales Under Fire in Attorney General Hearings"; "Slate's Jurisprudence: Gonzales' Legal Career" (featuring Dahlia Lithwick); "Nick Gillespie: A Rough Ride for U.S. Attorneys General"; and "Report Alleges Doctors Aided Torture of Terror Detainees." RealPlayer is required to launch these audio segments.
Posted at 15:15 by Howard Bashman



U.S. Senator Sam Brownback (R-KS) has just asked Attorney General nominee Alberto R. Gonzales about whether the U.S. Department of Justice would seek further review of the Third Circuit's recent ruling declaring the Solomon Amendment unconstitutional: Senator Brownback referenced the recent letter he co-signed asking the current Attorney General to seek further review. Not surprisingly, Judge Gonzales was unable to commit to a definitive position on the issue.
Posted at 15:02 by Howard Bashman



"Library urged to put clothes on tell-all; Councilwoman wants porn star's best seller off prominent display": The Houston Chronicle contains this article today. The article notes that while the Houston Library System now has internet porn filters, books no matter what their subject remain available to be viewed and borrowed by all, even minors.
Posted at 14:42 by Howard Bashman



"Supreme Court hears church-state, libel cases; State's regulation of seminaries, public officials' ability to sue for libel are at issue": This article appears today in The Austin American-Statesman.

Update: The blog "South Texas Law Professor" this past Saturday provided a detailed preview of the church-state case referenced in this newspaper article.
Posted at 14:40 by Howard Bashman



"House not for sale: Can the government force you to sell your house in the name of new development?" CNN/Money offers this report on a question that's pending for resolution before the Supreme Court of the United States.
Posted at 14:15 by Howard Bashman



"Texas Mom's Murder Convictions Overturned": The Associated Press provides this report. And Reuters reports that "Texas Court Reverses Child-Killer Yates Verdicts."
Posted at 14:12 by Howard Bashman



"Vanderbilt case argues Confederate role in South; Experts see clash of ideals from Civil War, civil rights": The Tennessean today contains an article that begins, "Vanderbilt University and a pro-Confederacy group were back in court yesterday, continuing their two-year battle over the school's right to drop a potent word from a dormitory's name."
Posted at 13:25 by Howard Bashman



U.S. Senator Charles E. Schumer (D-NY), in his questioning of Attorney General nominee Alberto R. Gonzales, expresses criticism of President Bush's judicial nominees: Senator Schumer's questioning is underway now.

Update: Later, in response to a question from U.S. Senator Sam Brownback (R-KS), Judge Gonzales addressed remarks of his from an opinion he issued while serving on the Supreme Court of Texas that have been used by opponents of Fifth Circuit nominee Priscilla R. Owen in opposing her confirmation to that court.
Posted at 12:22 by Howard Bashman



"Attorney General Nominee Hit for Prisoner Policy": Reuters provides this report. And The Associated Press reports that "Gonzales Disavows Torture Tactics." And you can access here a photograph of Attorney General nominee Alberto R. Gonzales with the Geneva Convention.
Posted at 11:45 by Howard Bashman



"Gonzales Won't Answer, Cites Geneva Conventions": "ScrappleFace" offers a post that begins, "Alberto Gonzales, President Bush's Attorney General nominee, told the Senate Judiciary Committee today that he would state only his name, rank, date of birth and Air Force serial number, which is all that is required under the terms of the Geneva Conventions." And the post concludes, "Mr. Gonzales' refusal to answer Senators' questions did not affect the committee's inquiry, which consists primarily of speeches to a gathering of journalists."
Posted at 11:20 by Howard Bashman



In news pertaining to alleged enemy combatant Jose Padilla: The Associated Press reports that "Attorneys Challenge U.S. on Terror Case." And The Spartanburg (S.C.) Herald-Journal today contains an article headlined "Charge Padilla or set him free, attorneys say."
Posted at 10:45 by Howard Bashman



"Civil Liberties and Enemy Combatants: Why the Supreme Court's widely praised rulings are bad for America." Harvey Silverglate has this essay online today at Reason.
Posted at 10:40 by Howard Bashman



"Gonzales: The Fight Is On." Bruce Shapiro has this essay online at The Nation.

Meanwhile, at National Review Online, Byron York has an essay entitled "Going after Gonzales: Are Republicans prepared for the attack?" And Michael Leeden has an essay entitled "Not-So Great Debate: Torture and the war."
Posted at 10:38 by Howard Bashman



"Atheist sues again over pledge to flag": Bob Egelko of The San Francisco Chronicle has this article today. My earlier recent coverage of Michael A. Newdow's new lawsuits can be accessed here and here.
Posted at 10:24 by Howard Bashman



"'Torture' Showdown: By all means let's have a debate over interrogating terrorists." This editorial appears today in The Wall Street Journal.
Posted at 10:00 by Howard Bashman



On today's broadcast of NPR's "Morning Edition": The broadcast contained segments entitled "Gonzales Nomination" and "Nomination Process" (RealPlayer required).
Posted at 09:54 by Howard Bashman



"Andrea Yates' conviction thrown out": The Houston Chronicle offers a news update that begins, "The Texas First Court of Appeals reversed today the capital murder conviction of Clear Lake mom Andrea Yates, who's serving a life sentence for drowning her children in a bathtub."

You can access today's ruling of the Court of Appeals for the First District of Texas at this link.
Posted at 09:44 by Howard Bashman



Today's rulings of note from the U.S. Court of Appeals for the Sixth Circuit: A unanimous three-judge panel today issued a decision affirming the rejection of a challenge -- brought by a group of proprietors of bars, restaurants, and bowling alleys in Toledo, Ohio -- to an ordinance that regulates smoking in such establishments.

In a separate decision issued today, a divided three-judge panel overturned a federal district court's grant of habeas corpus in favor of a state prisoner who pleaded guilty on ten counts of rape and one count of pandering obscenity involving a minor. The federal district court had ruled that the petitioner's due process rights were violated when the state trial court judge referenced the Bible during petitioner's sentencing hearing.
Posted at 09:35 by Howard Bashman



View live online today's Senate Judiciary Committee confirmation hearing for Attorney General nominee Alberto R. Gonzales: You can click here to watch the Judiciary Committee's own feed. And C-SPAN will be carrying the hearing live, providing online access via this link. The hearing will be getting underway just moments from now.

I have collected extensive news coverage previewing today's hearing in posts that can be accessed here and here.
Posted at 09:24 by Howard Bashman



"Judge to resign from appellate panel": The Associated Press notes here that Tenth Circuit Judge Stephanie K. Seymour will be taking senior status later this year. Supermodel Stephanie Seymour, however, is expected to remain in regular active service.

The Administrative Office of the U.S. Courts' official list of forthcoming judicial vacancies can be accessed here.
Posted at 07:30 by Howard Bashman



Today's commentary from FindLaw: Edward Lazarus has an essay entitled "Will Clarence Thomas Be the Court's Next Chief Justice? Why It's Very Unlikely That Bush's Advisors Will Ultimately Recommend His Nomination."

And Jesselyn Radack has an essay entitled "The Government's Long-Term Plan for Terror Suspects: Why It's Contrary to Supreme Court Precedent, and to the New, Revised Memo on Torture."
Posted at 07:28 by Howard Bashman



"Bush taps C. Allen as policy adviser; Virginian who was up for judgeship to take domestic-affairs post": The Richmond Times-Dispatch today contains an article that begins, "President Bush has chosen Claude A. Allen of Virginia, a conservative whose nomination for a lifetime federal judgeship was stalled in the Senate, as the next White House domestic policy adviser."

And The Los Angeles Times reports today that "President Appoints Domestic Advisor; Claude Allen, who was an aide to Sen. Jesse Helms, is likely to draw the ire of Bush's critics."
Posted at 07:24 by Howard Bashman



"Rehnquist has resumed work in his Supreme Court chambers": Michael McGough has this article today in The Pittsburgh Post-Gazette.

And in USA Today, Joan Biskupic reports that "Rehnquist's return still uncertain; High court set to resume Monday."
Posted at 07:22 by Howard Bashman



"Attorney general nominee on hot seat; Gonzales to face questions on role in terror, torture memos": This article appears today in The San Francisco Chronicle.

The Houston Chronicle reports that "Gonzales prepares to answer critics; Confronting unease about human rights, the attorney general nominee will vow to defend civil liberties."

The Dallas Morning News reports that "Torture an issue in Gonzales' hearings; Confirmation likely - but so is grilling by lawmakers."

The Fort Worth Star-Telegram reports that "Gonzales vows he'll stick to 'rule of law.'"

The Austin American-Statesman reports that "Democrats take aim at Gonzales; Some on Capitol Hill think hearings are the first round in an eventual Supreme Court nomination."

The San Antonio Express-News reports that "Fires stoked for Senate to grill Gonzales."

The Toronto Globe and Mail reports that "Confirmation hearings expected to focus on abuse."

Financial Times reports that "Gonzales faces sharp Senate scrutiny on 'torture' memos."

Tom Curry of MSNBC has an article headlined "Did Gonzales authorize torture? In hearing on attorney general nominee, memo on interrogation methods will be a key issue."

Newsday reports that "Torture issue is likely to dog AG nominee."

The Pittsburgh Post-Gazette reports that "Attorney general confirmation hearings for Gonzales begin today."

The Los Angeles Times reports that "Ethnic Roots to Show at Hearings."

And The Washington Times reports that "Gonzales to back anti-torture policy."

In commentary, The Washington Post contains an editorial entitled "The Gonzales Record."

The Los Angeles Times contains an editorial entitled "A Window on a Man's Morality: Alberto R. Gonzales' record raises questions about his fitness to serve as attorney general."

USA Today contains an editorial entitled "Gonzales has chance to show he's more than a 'yes man.'"

The Austin American-Statesman contains an editorial entitled "Gonzales responds, but more questions ahead."

The Denver Post contains an editorial entitled "Gonzales on a griddle of his own making: White House counsel Alberto Gonzales has the credentials to be attorney general but needs to make clear his views on interrogation, torture, rights."

The Philadelphia Inquirer contains an editorial entitled "The Gonzales Nomination: A very hard case to make."

The Allentown Morning Call contains an editorial entitled "Mr. Gonzales deserves a fair review, but he must answer the Senate's questions."

The Pittsburgh Tribune-Review contains an editorial entitled "The Gonzales hearings: Stop the smearing."

And The Washington Times contains an editorial entitled "The Gonzales hearings."

In The New York Times, columnist Maureen Dowd has an op-ed entitled "Don't Torture Yourself (That's His Job)," while Mark Danner has an op-ed entitled "We Are All Torturers Now." And letters to the editor appear under the heading "The Gonzales Hearings and the Torture Issue."

CBS News legal analyst Andrew Cohen has an essay entitled "Go Ask Alberto."

Finally for now, at Salon.com Alan Berlow has an essay entitled "The facilitator: When Alberto Gonzales briefed George W. Bush on the cases of Texas death row inmates up for clemency, his memos were so shabby they seemed intended solely to make it easy for Bush to send prisoners to their deaths."
Posted at 06:44 by Howard Bashman



"Judge rejects request to jail man, 84; Sentencing guidelines called inflexible in case of 'geriatric' gun seller": The Knoxville News Sentinel contains this article today.
Posted at 06:35 by Howard Bashman



Wednesday, January 05, 2005
"Bush Begins Drive to Limit Malpractice Suit Awards": This article will appear Thursday in The New York Times.

The Washington Post on Thursday will report that "Bush Campaigns to Curb Lawsuits; President Says 'Junk' Litigation Is Driving Small-Town Doctors Out of Business."

And The Los Angeles Times offers a news update headlined "President Demands Tort Reform."
Posted at 23:12 by Howard Bashman



Available online from law.com: Marcia Coyle has an article headlined "A Smaller Securities Case With a Big Wallop: Loss causation key to securities fraud."

In other news, "Calif. Justices Ponder Client Privilege in Crosby Case."

And in news from New York, "Defense Lawyer Attributes Case Against Attorney Stewart to Government 'Hype.'"
Posted at 23:10 by Howard Bashman



In news from Washington State: The Seattle Times today contains articles headlined "Election scrutiny reveals provisional-vote flaws" and "Gregoire: Redo idea 'ludicrous.'"

The Seattle Post-Intelligencer reports that "GOP may object to ratification of governor vote; Legislative tradition poised to fall." The newspaper also contains an essay by columnist Robert L. Jamieson Jr. entitled "When is an election like a Civil War battle?"

And The Olympian reports that "Rancor grows over recount; Rally fuels debate over disputed military ballots" and "Gregoire rebukes critics of outcome."
Posted at 23:02 by Howard Bashman



"Business Lobby to Join Fight for Bush's Judicial Nominees": The Los Angeles Times offers a news update that begins, "A powerful business lobby is preparing a multimillion-dollar campaign to aid the White House in its quest to win approval for conservative judges, a move that could transform the ideological battles over the federal judiciary and the Supreme Court."
Posted at 22:44 by Howard Bashman



"Bush Nominee Plans to Stand Firm on War-Captive Memo": This article will appear Thursday in The New York Times.

Meanwhile, The Washington Post on Thursday will contain an article headlined "Gonzales's Clemency Memos Criticized; Crucial Facts Were Missing, Lawyers Say."

In somewhat related news, Thursday's Washington Post will contain a front page article headlined "Terror Suspect Alleges Torture; Detainee Says U.S. Sent Him to Egypt Before Guantanamo." And tomorrow in The NYTimes, Neil A. Lewis will report that "Detainee Seeking to Bar His Transfer."
Posted at 22:40 by Howard Bashman



"Bush Chooses Domestic Policy Adviser": The AP reports here that "President Bush is bringing into the top ranks of his White House staff another official he has been unsuccessful in appointing to a federal appeals court. Bush has chosen Claude Allen, the Department of Health and Human Services' No. 2 official, to be his domestic policy adviser, responsible for shaping all White House proposals and decisions on domestic issues, press secretary Scott McClellan said Wednesday." You can access the official White House announcement at this link.
Posted at 22:34 by Howard Bashman



"Atheist Joins Others to Sue Over Pledge": David Kravets of The Associated Press provides this report. And my post from yesterday on this subject provides additional details.

In addition to his lawsuit relating to the Pledge of Allegiance, Michael A. Newdow has filed a separate suit in the U.S. District Court for the District of Columbia seeking the entry of an injunction prohibiting members of the clergy from offering prayers during President Bush's inaugural ceremony. You can access online both Newdow's verified complaint initiating suit and his motion for a preliminary injunction.
Posted at 22:24 by Howard Bashman



For those having difficulty accessing "The Volokh Conspiracy" at its usual address: Try this backup address instead, until matters are resolved.
Posted at 21:10 by Howard Bashman



On this evening's broadcast of NPR's "All Things Considered": The program contained segments entitled "Senate to Consider Gonzales Nomination"; "Bush Pushes for Lawsuit Reforms"; and "What Bush Hopes to Achieve with Tort Reform."
Posted at 20:20 by Howard Bashman



"Bush promotes plan to limit medical liability lawsuits": The Knight Ridder Newspapers provide this report.
Posted at 20:14 by Howard Bashman



"Court returns; will Rehnquist?" UPI Legal Affairs Correspondent Michael Kirkland offers this news analysis today.

And from Arizona, The Associated Press reports here that "U.S. Supreme Court Chief Justice William H. Rehnquist, diagnosed with thyroid cancer last year, won't be coming to teach at the University of Arizona this spring."
Posted at 17:35 by Howard Bashman



"Rehnquist's Punch Line Overlooked": CBS News legal analyst Andrew Cohen has this essay today.
Posted at 17:32 by Howard Bashman



But is it real? CBS News claims to have obtained a draft of White House Counsel Alberto R. Gonzales' opening statement prepared for delivery at his Senate Judiciary Committee confirmation hearing tomorrow. (Via "Paper Chase.")

And Jesse J. Holland of The Associated Press reports that "Gonzales Promises Non-Torture Policy."
Posted at 17:22 by Howard Bashman



"Breaking the Logjam": Law Professor Carl Tobias had an essay in the January 3, 2005 issue of The National Law Journal that begins, "Last month, the White House threw down the gauntlet on federal judicial selection."
Posted at 17:10 by Howard Bashman



"Businesses unhappy with draft U.S. asbestos bill": Reuters provides this report.
Posted at 17:08 by Howard Bashman



"President Discusses Medical Liability Reform": This transcript is now available at the web site of the White House.
Posted at 17:04 by Howard Bashman



A computer weighing 1540 pounds and valued at $250,000 is worth only $924 when priced at sixty cents per pound: If you thought the plaintiff was upset when a moving company destroyed the plaintiff's computer valued at a quarter of a million dollars, just wait till the plaintiff reads this decision that the U.S. Court of Appeals for the First Circuit issued today.
Posted at 16:50 by Howard Bashman



"Is Rehnquist fit? Chief Justice's health issues shrouded in secrecy." Columnist Ellen Goodman has this essay online today.
Posted at 16:45 by Howard Bashman



On today's broadcast of NPR's "Day to Day": The broadcast contained segments entitled "Gonzales to Face Tough Questions in Senate Hearing" and "Slate's Ballot Box: Gonzales' Senate Gauntlet" (RealPlayer required).
Posted at 16:30 by Howard Bashman



"Legal Reform: The High Costs of Lawsuit Abuse." The White House has issued this news release. And The AP reports that "Bush Continues Push for Jury Award Limits."
Posted at 16:18 by Howard Bashman



"Rehnquist Back at Supreme Court Part Time": The Associated Press offers an article that begins, "Chief Justice William H. Rehnquist is back at work at the Supreme Court, though only part time. Rehnquist, who has thyroid cancer, missed the court's arguments in November and December while receiving chemotherapy and radiation. A Supreme Court spokeswoman said Wednesday that the 80-year-old returned to the building late last month."

And Reuters reports that "Ailing Chief Justice Rehnquist Returns to the Court."
Posted at 16:15 by Howard Bashman



"NBC's 'Fear Factor' Sued for Rat-Eating Episode": Reuters provides this report.

Update: Law Professor Eugene Volokh reacts here to the Reuters report.
Posted at 16:11 by Howard Bashman



Noteworthy free speech/free press development from Arizona: The Associated Press reports here that "The Arizona Supreme Court said Wednesday it will decide whether a newspaper can be sued for publishing a letter that suggested American soldiers in Iraq respond to attacks on them by killing Muslims at nearby mosques." Yesterday's order of the Supreme Court of Arizona can be viewed at page four of this PDF document.
Posted at 14:12 by Howard Bashman



"Preview to a Hearing: A Look at a witness against Alberto Gonzales." National Review Online has this afternoon posted this essay by Shannen W. Coffin. You can access the official witness list for tomorrow's confirmation hearing at this link. The hearing is scheduled to begin at 9:30 a.m. eastern time.

And then next Tuesday, the Senate Judiciary Committee will hold a hearing on "The Fairness in Asbestos Injury Resolution Act." Given the legislation's acronym -- the FAIR Act -- broad bipartisan support is all but assured.
Posted at 13:55 by Howard Bashman



Also in today's edition of The New York Times: In addition to the stuff I've already noted below, today's newspaper contains an article headlined "Few Takers for Payments From Microsoft Settlement" and a related item headlined "How to File a Claim for Microsoft's Settlement."

In news relating to local terror trials, "Prosecution in Lawyer's Terror Trial Is Accused of Playing on Fear" and "Defense for Sheik and Aide Is Suspicious of Gaps in Tapes."

And in other regional news, "Accord Reached on Bill to Ease Lawsuits Against Gun Makers."
Posted at 12:14 by Howard Bashman



"The Justice Department's Change of Heart Regarding Torture: A Fair-Minded and Praiseworthy Analysis That Could Have Gone Still Further." FindLaw columnist Michael C. Dorf has this essay today.
Posted at 12:05 by Howard Bashman



In news from Arizona: The Arizona Republic today contains an article headlined "Hispanic group files motion vs. Prop. 200" that begins, "A national Hispanic group is asking a three-judge federal panel to halt implementation of some provisions of Proposition 200, which became law roughly two weeks ago. On Tuesday, the Mexican American Legal Defense and Educational Fund filed an emergency motion with the U.S. 9th Circuit Court of Appeals in San Francisco seeking to block the public-benefits provisions of the voter-approved law."

And in other news, "Governor pushes vote on gay marriage in '05; Republicans oppose special election, want measure on '06 ballot."
Posted at 12:00 by Howard Bashman



"Illness and Secrecy on the Supreme Court": Susan Okie, M.D. had an article bearing that title in the December 23, 2004 issue of the New England Journal of Medicine. The entire article is available by subscription only, but you can access the beginning of the article via this link.
Posted at 11:30 by Howard Bashman



"Bush's legacy and the law: Gonzales may be worse than John Ashcroft, but Bush's appointments to the federal judiciary matter even more." This editorial appears today in The Oregonian.

The Albuquerque Tribune contains an editorial entitled "We reject Dobson's attack on Bingaman."

Today in The Washington Post, columnist Anne Applebaum has an op-ed entitled "Does the Right Remember Abu Ghraib?"

Finally, The Washington Times today contains an article ambiguously headlined "Confirmation of Gonzales for Justice expected."
Posted at 10:50 by Howard Bashman



U.S. Senator John McCain (R-AZ) won't support the so-called "nuclear option" to end judicial filibusters: So reports Congressional Quarterly in an article available to subscribers only.
Posted at 10:25 by Howard Bashman



In news from Michigan: The Detroit News reports today that "Boy faces felony in baseball bat abortion; Law won't allow Macomb teen girl to be charged in helping end her pregnancy." The Detroit Free Press reports that "Teen facing rare charge; Beatings with bat led to miscarriage." And The Macomb Daily News reports that "Teen boy charged in abortion; He faces 15-year felony, but girlfriend avoids charges in alleged baseball bat beating."
Posted at 10:20 by Howard Bashman



Today on President Bush's agenda -- litigation reform: The Belleville News-Democrat today contains articles headlined "Victims want to talk to Bush, too; Say malpractice reforms would hurt them most" and "Judges fight image as 'judicial hellhole.'"

The St. Louis Post-Dispatch reports today that "Pro-lawsuit group wants Bush's ear."

The Telegraph of Alton, Illinois reports today that "Malpractice victims pan president's plan."

And The Madison County Record reported yesterday that "Activist groups peddle messages before president's address."
Posted at 10:15 by Howard Bashman



"Newdow enlists allies, renews fight over pledge; After high court's rebuff, atheist is joined by 8 co-plaintiffs in lawsuit": Claire Cooper, legal affairs writer for The Sacramento Bee, has this article today in that newspaper. As I noted yesterday in this post, the complaint filed Monday in federal court can be viewed at this link.
Posted at 10:02 by Howard Bashman



A conveniently-timed disaster could spur book sales: In case you missed the print version of yesterday's issue of The Wall Street Journal, today "The Becker-Posner Blog" hosts the op-eds that Seventh Circuit Judge Richard A. Posner and Nobel Prize-winning economist Gary Becker had yesterday in that newspaper.

Judge Posner's post is titled "The Tsunami and the Economics of Catastrophic Risk," while Professor Becker's post is titled "Economic Effects of Tsunamis and Other Catastrophes." And don't forget to buy the book, whose review in the most recent issue of the Sunday Book Review of The New York Times I first noted here.
Posted at 09:50 by Howard Bashman



My first appellate brief of the new year is now out the door to be photocopied: And so it's on to the next one.
Posted at 09:42 by Howard Bashman



Bob Egelko is reporting: Today in The San Francisco Chronicle, he has articles headlined "Knievel loses 'pimp' appeal; Daredevil had sued ESPN over Web site photo caption" and "Court to decide when lawsuit limit began."
Posted at 06:40 by Howard Bashman



"Rewarding Mr. Gonzales": This editorial appears today in The New York Times.

And The Wall Street Journal today contains an op-ed by Douglas W. Kmiec entitled "Wise Counsel: Putting Alberto Gonzales's 'torture memo' in perspective."
Posted at 06:35 by Howard Bashman



"Favors can compromise integrity of the court; Supreme Court Justices should just say no to gifts": The Miami Herald contains this editorial today.

And yesterday's edition of The Nashua Telegraph contained an editorial entitled "Supreme Court judges should turn aside gifts."
Posted at 06:28 by Howard Bashman



"The changing Supreme Court": Armstrong Williams has this essay online at Townhall.com.
Posted at 06:25 by Howard Bashman



"Special thanks to Rehnquist": Columnist Al Knight has this essay today in The Denver Post.
Posted at 06:24 by Howard Bashman



"Clarence Thomas Is in the Right Seat": Law Professor John C. Yoo has this op-ed today in The Los Angeles Times.
Posted at 06:22 by Howard Bashman



"Bid made to quiet judge in truck driver's trial; Jury may be told that prosecutors refused to discuss death-penalty call": This article appears today in The Houston Chronicle.
Posted at 06:20 by Howard Bashman



In today's issue of The Harvard Crimson: An article is headlined "Reports: HLS Professor Goldsmith Urged White House To Reinstate Torture Ban."

And John W. Hastrup has an op-ed entitled "Roe Versus Whom?"
Posted at 06:18 by Howard Bashman



In Ten Commandments-related news: The Milwaukee Journal Sentinel reports today that "La Crosse wins federal appeal; Ruling lets Ten Commandments monument stay." And The La Crosse Tribune reports that "City registers legal victory."

From Rhode Island, The Providence Journal reports that "Commandments' removal decried; Two members of the City Council plan to introduce a resolution tomorrow calling for the return of the monument to Roger Williams Park."

And from Florida, The Tampa Tribune reports that "Commandments Monument Headed For Church Lawn."
Posted at 06:14 by Howard Bashman



"Frist Seeks Fast Approval on Bush Nominees": The Associated Press offers a report that begins, "Setting the stage for an early showdown in the new Congress, Senate Majority Leader Bill Frist intends to seek quick approval for one of President Bush's judicial appointees, threatening a rules change if Democrats try to block action."
Posted at 06:10 by Howard Bashman



Tuesday, January 04, 2005
"Newdow Refiles Pledge Case, Attempts to Halt Inaugural Prayers": Religion News Service offers this report.
Posted at 23:40 by Howard Bashman



In Wednesday's edition of The Washington Post: The newspaper will report that "Clash Over Lawsuits Looms."

And in other news, "109th Congress Convenes; Much is Expected of Senate's 7 New GOP Members."
Posted at 23:11 by Howard Bashman



"Specter elected chairman of Senate Judiciary Committee": This article will appear in Wednesday's issue of The Philadelphia Inquirer.
Posted at 22:45 by Howard Bashman



"Bush's Counsel Sought Ruling About Torture": David Johnston and Neil A. Lewis will have this article in Wednesday's edition of The New York Times. A related item is headlined "A Guide to the Memos on Torture."

A front page article in Wednesday's issue of The Washington Post is headlined "Gonzales Helped Set the Course for Detainees; Longtime Bush Confidant Had Key Role in Shaping Post-9/11 Policy."

And The Associated Press reports that "3 to Testify Against Gonzales at Hearing," including the Dean of Yale Law School.

In commentary, The Milwaukee Journal Sentinel today contains an editorial entitled "Is Gonzales fit to be AG?" And Wednesday's issue of The Dallas Morning News will contain an editorial entitled "The Attorney General Choice: Al Gonzales has serious questions to answer."
Posted at 22:40 by Howard Bashman



"Senators Claim Bipartisan Spirit for 109th Session": This segment (RealPlayer required) appeared on this evening's broadcast of NPR's "All Things Considered."
Posted at 22:33 by Howard Bashman



"Texas Supreme Court hears UT swimmer eligibility case": The Associated Press provides this report.
Posted at 22:20 by Howard Bashman



The Knight Ridder Newspapers are reporting: Frank Davies reports that "Gonzales' role in treatment of prisoners to be a key issue at hearings."

And in other news, "Partisanship erupts shortly after new Congress is sworn in."
Posted at 22:15 by Howard Bashman



"Gay Adoption Case May Evoke Supreme Court's 'Lawrence' Decision": Tony Mauro has this article online at law.com.
Posted at 22:08 by Howard Bashman



"Statement of Opposition to the Confirmation of Alberto Gonzales to the Office of Attorney General of the United States": The organization People For the American Way issued this report today.
Posted at 22:05 by Howard Bashman



"Oklahoma Judge, 83, Files Bias Suit Against Colleagues": Adam Liptak will have this article in Wednesday's edition of The New York Times. I posted a copy of the federal court complaint online yesterday in a post you can access here.
Posted at 22:02 by Howard Bashman



"Gay spouses press benefits case in R.I.; Judge set to rule on Mass. woman's retirement plan": This article appears today in The Boston Globe.
Posted at 19:44 by Howard Bashman



"High Court Justice Shows Up for Jury Duty": Gina Holland of The Associated Press provides a report that begins, "No one took any notice of the tall, slim man who appeared Tuesday for jury duty. Had he worn his black robe, Supreme Court Justice Stephen Breyer no doubt would have drawn more attention."
Posted at 19:40 by Howard Bashman



U.S. Senate Majority Leader Bill Frist's statement today about judicial confirmations: You can access the relevant excerpt here via "The Corner" or the entire statement here via Senator Frist's web site.

Update: In response, Robert B. Bluey of Human Events Online writes that "Frist Caves on Filibuster Rule Change for Judicial Nominees."
Posted at 17:45 by Howard Bashman



"Another Appeals Court Requires Net Music Suits": Reuters has this report on a ruling that the U.S. Court of Appeals for the Eighth Circuit issued today. And The Associated Press reports that "Court Rules on Music Downloader IDs."
Posted at 17:33 by Howard Bashman



"Gonzales likely to be confirmed as AG, but faces sharp questions; Some retired military officers criticize his role in drafting a torture memo, but key Hispanic groups are supporting him": This article will appear in Wednesday's edition of The Christian Science Monitor.
Posted at 17:30 by Howard Bashman



New year, Newdow: Yesterday, Michael A. Newdow filed this complaint in the U.S. District Court for the Eastern District of California once again challenging the inclusion of the words "under God" in the Pledge of Allegiance.

Update: Three "How Appealing" posts from June 2004 anticipating this development can be accessed here, here, and here.
Posted at 17:11 by Howard Bashman



"Sen. Specter Plans Asbestos Fund Hearing Next Week": Reuters provides this report.
Posted at 17:04 by Howard Bashman



Two-judge panel of the U.S. Court of Appeals for the Second Circuit affirms the largest settlement in the history of antitrust law: The lawsuit involved transaction fees for Visa and MasterCard debit cards. You can access today's ruling at this link.
Posted at 16:55 by Howard Bashman



The wire services are reporting: Reuters reports that "Site Wins Right to Dub Famed Stuntman 'Pimp'" and "Senate's Frist to Move on Lawsuit Curbs Next Month."

Meanwhile, The Associated Press offers a report headlined "Court Asked to Block Ariz. Immigration Law" that begins, "A civil rights group asked a federal appeals court Tuesday to block a new state law that denies some public benefits to illegal immigrants."
Posted at 16:32 by Howard Bashman



"Court moves backward; Two judges place new burdens on women": This editorial appears today in The Sacramento Bee.
Posted at 14:25 by Howard Bashman



"No-more-kids judge rules again": The Rochester (N.Y.) Democrat and Chronicle today contains an article that begins, "A judge who last year ordered a Rochester mother to have no more children until she redeemed the four children she had in foster care has issued a similar order for a mother of seven."
Posted at 14:24 by Howard Bashman



"Court OKs Wis. Ten Commandments Monument": The Associated Press provides this report.
Posted at 14:14 by Howard Bashman



"You're never too old to be a pimp": Today a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued a decision that begins:
Famed motorcycle stuntman Evel Knievel and his wife Krystal were photographed when they attended ESPN's Action Sports and Music Awards in 2001. The photograph depicted Evel, who was wearing a motorcycle jacket and rose-tinted sunglasses, with his right arm around Krystal and his left arm around another young woman. ESPN published the photograph on its "extreme sports" website with a caption that read "Evel Knievel proves that you're never too old to be a pimp." The Knievels brought suit against ESPN in state court, contending that the photograph and caption were defamatory because they accused Evel of soliciting prostitution and implied that Krystal was a prostitute. ESPN removed the action to federal court and moved to dismiss for failure to state a claim pursuant to Fed. R. Civ. P. 12(b)(6). The court granted ESPN's motion on the ground that the photograph and its caption were not defamatory as a matter of law. We have jurisdiction pursuant to 28 U.S.C. sec. 1291, and we affirm.
Senior Circuit Judge A. Wallace Tashima wrote the majority opinion, in which Circuit Judge Richard A. Paez joined. Circuit Judge Carlos T. Bea dissented in an opinion you can access here.
Posted at 13:00 by Howard Bashman



"Court won't reinstate Iraqi arms charges": United Press International offers this report on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.
Posted at 12:55 by Howard Bashman



"The Mismatch Game: How law school race preferences harm black students." Terry Eastland has this essay in the current issue of The Weekly Standard.
Posted at 12:54 by Howard Bashman



"Clarett Asks Supreme Court to Hear Case": The Associated Press provides this report.
Posted at 12:50 by Howard Bashman



"Nichols' state case cost county $4 million-plus": This article appears today in The Oklahoman. And The Associated Press offers a report headlined "Nichols Costs Taxpayers More Than $4M" that begins, "Oklahoma taxpayers spent almost $4.2 million to provide a defense for bombing conspirator Terry Nichols, paying for such things as books, seminars, lawn care, coffee sweetener and an alarm system."
Posted at 11:40 by Howard Bashman



U.S. Senator Harry Reid (D-NV), the incoming Democratic Leader, offers an example of a poorly-written opinion from Justice Clarence Thomas: James Taranto has the details in the lead item of yesterday's "Best of the Web Today" from OpinionJournal.

Update: The U.S. Supreme Court's decision in Hillside Dairy Inc. v. Lyons issued in early June 2003, back when I was providing what appeared to be in-depth analysis of each new decision from the Court. My write-up of this particular ruling can be accessed here (fourth item).
Posted at 10:40 by Howard Bashman



"The 'Nuclear' Option for Ending Filibusters": Today's broadcast of NPR's "Morning Edition" contained this segment (RealPlayer required).
Posted at 10:30 by Howard Bashman



Four U.S. Senators ask the U.S. Department of Justice to seek U.S. Supreme Court review of the U.S. Court of Appeals for the Third Circuit's ruling that declared the Solomon Amendment unconstitutional: You can access at this link the letter the Senators have sent today to Attorney General John Ashcroft. The Senators who have signed the letter are John Cornyn, Lindsey Graham, Saxby Chambliss, and Jeff Sessions.

I have an op-ed about the Third Circuit's ruling in the current issue of The Chronicle of Higher Education. Right now the op-ed is available online only to that publication's subscribers, but I will be allowed to post the text of my op-ed online sometime soon.
Posted at 10:15 by Howard Bashman



"Dems need to clean up their act on Clarence Thomas": David from the blog "Blue Mass. Group" offers these thoughts.
Posted at 10:11 by Howard Bashman



U.S. Senator John Cornyn (R-TX) on judges: Today at National Review Online, he has an op-ed entitled "Senatorial Resolutions: New year, new attitude."
Posted at 10:00 by Howard Bashman



"Odor in the Court": The Los Angeles Times today contains an editorial that begins, "Supreme Court Justice Clarence Thomas insists that because he reported the sometimes lavish gifts he has received over the years, he should be off the hook. Legally, perhaps, but not ethically."
Posted at 09:50 by Howard Bashman



In today's issue of The New York Times: An article reports that "California Bans a Large-Caliber Gun, and the Battle Is On."

In local news, "Prosecution Concludes Case in Terror Trial."

And an editorial is entitled "The Chief Justice Speaks."
Posted at 09:45 by Howard Bashman



"The Supreme Court's Recent Decision on Trademark and Fair Use: A Prudent Rebuff of Trademark Holders' Attempt to Gain An Advantage." FindLaw columnist Julie Hilden has this essay today.
Posted at 09:42 by Howard Bashman



Choose litigation: The Journal News of Westchester, New York reports today that "Rejected 'Choose Life' license plate triggers suit."
Posted at 09:40 by Howard Bashman



"Court Delays Human-Smuggling Trial": The Associated Press this morning provides a report that begins, "A federal appeals court has delayed the trial of a black man charged in the nation's deadliest human-smuggling attempt so it can rule on allegations of racial bias." You heard it here first on Saturday.
Posted at 09:35 by Howard Bashman



"Gonzales Torture Memo Controversy Builds": Jesse J. Holland of The Associated Press provides this report.

As I noted here last night, The Washington Post today contains an article headlined "Gonzales Nomination Draws Military Criticism; Retired Officers Cite His Role in Shaping Policies on Torture." The letter from retired military officers can be viewed at this link. And today the organization Human Rights First has issued a press release entitled "Shalikashvili Among 12 Retired Military Leaders Calling on Senate to Scrutinize Gonzales' Role in Setting the Stage for Torture; Human Rights First Outlines Gonzales' Role in Setting Improper Detention and Interrogation Policy."

In related news coverage and commentary, The Washington Times reports that "Gonzales faces torture questions." That newspaper today also contains an op-ed by U.S. Senator John Cornyn (R-TX) entitled "In defense of Judge Gonzales." And yesterday, Nat Hentoff had an op-ed entitled "Is Bush being disobeyed on torture?"

Today in The Washington Post, columnist Richard Cohen has an op-ed entitled "Ugly Truths About Guantanamo."

And today in The Los Angeles Times, columnist Robert Scheer has an op-ed entitled "Backing Gonzales Is Backing Torture; Is there bipartisan congressional support for torture?"
Posted at 09:25 by Howard Bashman



"Monument in Winona's Lake Park spray-painted with 'Church/State' graffiti": The Winona Daily News today contains an article that begins, "In an apparent protest against displaying religious values at a public park, a vandal spray-painted a Ten Commandments monument in the city of Winona's Lake Park."
Posted at 07:25 by Howard Bashman



"Justice's message": The Times Argus of Vermont today contains an editorial that begins, "America's politicians -- especially those who would like to cultivate voter support by finding fault with judges whose decisions they dislike -- ought to pay attention to the year-end message from Chief Justice William Rehnquist."
Posted at 07:24 by Howard Bashman



"Monopoly parody draws legal action": This article appears today in The Seattle Post-Intelligencer.
Posted at 07:22 by Howard Bashman



"Does affirmative action produce more black lawyers?" Star Parker has this essay online today at Townhall.com.
Posted at 07:20 by Howard Bashman



"Pushing the judicial button": Don Erler has this op-ed today in The Fort Worth Star-Telegram.

And The Virginian-Pilot today contains an editorial entitled "Don't turn Senate into echo chamber" that begins, "In resubmitting 20 controversial judicial nominations to the Senate, the White House is sending a not-so-subtle message: Kiss bipartisanship goodbye."
Posted at 07:12 by Howard Bashman



"Justices sued by colleague": Today's edition of The Oklahoman contains an article that begins, "Oklahoma Supreme Court Justice Marian P. Opala has sued his Supreme Court colleagues in federal court over a rule change that keeps him from serving as chief justice this year." I first reported on this lawsuit yesterday in a post that you can access here.

Update: Law Professor Eugene Volokh offers these thoughts.
Posted at 07:05 by Howard Bashman



Monday, January 03, 2005
In Tuesday's edition of The Washington Post: An article will report that "Gonzales Nomination Draws Military Criticism; Retired Officers Cite His Role in Shaping Policies on Torture."

And in other news, "Asbestos Claims Solution Sought; Bill Would Set Up Trust Fund, Not Rule Out Courts."
Posted at 23:11 by Howard Bashman



"Ruling Is Awaited on Death Penalty for Young Killers": Adam Liptak will have this lengthy article in Tuesday's edition of The New York Times.
Posted at 22:44 by Howard Bashman



"Indefinite Detentions": This evening's broadcast of the PBS program "The NewsHour with Jim Lehrer" contained a segment described as follows:
Margaret Warner talks with David Cole, a professor at the Georgetown University Law Center, and John Yoo, a professor at the Boalt Hall School of Law at the University of California, Berkeley, about the Bush administration initiative to hold suspected terrorists indefinitely.
You can access the audio by clicking here (RealPlayer required).
Posted at 22:42 by Howard Bashman



"2nd Circuit: 'Crawford' Ruling on Hearsay Not Retroactive." law.com provides this report.
Posted at 22:40 by Howard Bashman



Access online the reply brief in support of certiorari filed today in the U.S. Supreme Court in the Hamdan v. Rumsfeld Guantanamo tribunals case: The reply brief can be accessed here (via "SCOTUSblog").
Posted at 21:45 by Howard Bashman



"Beyond ideology": Tomorrow's edition of The Seattle Post-Intelligencer will contain an editorial that begins, "The words of Chief Justice William Rehnquist deserve a hearing from members of Congress."
Posted at 21:25 by Howard Bashman



"Clarence Thomas is a 'Black Power' Mole!" This article appears in the current issue of Weekly World News.

And from a more reputable source known as Scripps Howard News Service, Dan K. Thomasson has an essay entitled "The next chief justice."
Posted at 21:22 by Howard Bashman



On this evening's broadcast of NPR's "All Things Considered": The program contained segments entitled "Torture Policy Under Nominee Gonzales Required Revisions"; "Terror Suspects in U.S. Face Indefinite Detentions"; "Split Gay Couple Engages in Custody Battle"; and "Harvard Law Professor Draws Crowds to Class."
Posted at 19:30 by Howard Bashman



"Civil Rights Record of Attorney General Nominee Alberto Gonzales": The ACLU has issued this report today, along with the obligatory press release. (Via "TalkLeft.")
Posted at 17:32 by Howard Bashman



"School board seeks court opinion on gay couple's benefits; A retired Tiverton teacher married in Massachusetts last year has asked for health coverage for her spouse": Yesterday's edition of The Providence Journal contained an article that begins, "In what could be the first case of its kind in Rhode Island, the Tiverton School Committee has asked a Newport County Superior Court judge to decide the legality of a retired employee's request to extend health coverage to her same-sex spouse."

In other coverage, The Herald News of Fall River, Massachusetts reported last Friday that "Gay rights fight unfolds in R.I."
Posted at 17:20 by Howard Bashman



Vice-Chief Justice of Supreme Court of Oklahoma files federal court lawsuit against the other Justices on that court for denying him the post of Chief Justice: You can access at this link a copy of the complaint initiating suit filed last week in the U.S. District Court for the Western District of Oklahoma. The plaintiff is Vice-Chief Justice Marian P. Opala; you can access the biographies of the other justices on that court via this link.
Posted at 16:44 by Howard Bashman



"Court of Appeals rulings show philosophical split": The Rochester (N.Y.) Democrat and Chronicle today contains an article that begins, "Political viewpoints are splitting votes at the state's highest court as new appointees form a bloc favorable to the governor and prosecutors. In recent months, the Court of Appeals has broken 4-3 or 5-2 in several cases, bringing the number of split decisions in 2004 to 39 -- more than double the number recorded in each of the five previous years."
Posted at 15:10 by Howard Bashman



"Pickering Battle a Symbol of Ideological War": FOXNews.com today offers this report.
Posted at 15:05 by Howard Bashman



Sunstein vs. Moonstein: Orin Kerr has the details in this "Constitution-in-exile"-related post at "The Volokh Conspiracy"
Posted at 14:50 by Howard Bashman



In news from Nebraska: The Grand Island Independent today contains an article headlined "State beef checkoff is legislative focus for upcoming session" that begins, "With the future of the national mandatory $1 per head beef checkoff in the hands of the U.S. Supreme Court, getting a state beef checkoff will be a high priority when state lawmakers convene in Lincoln this month, said Sen. Bob Kremer of Aurora, chairman of the Nebraska Legislature's Agriculture Committee."
Posted at 14:44 by Howard Bashman



"Supreme Court should let gay people adopt": Columnist Deb Price has this essay today in The Detroit News.
Posted at 14:40 by Howard Bashman



BREAKING NEWS -- Divided three-judge panel of the U.S. Court of Appeals for the Seventh Circuit holds that La Crosse, Wisconsin did not violate the Establishment Clause by selling portion of a public park and the Ten Commandments monument located thereupon to the Order of Eagles, which had originally donated the monument to the City: You can access today's ruling at this link.

Circuit Judge Daniel A. Manion wrote the majority opinion, in which Circuit Judge Michael S. Kanne joined. Senior Circuit Judge William J. Bauer dissented in a short but entertaining opinion.
Posted at 13:50 by Howard Bashman



"Coffin Break: Busting Oklahoma's casket cartel would cut the cost of dying." Jacob Sullum has this essay online at Reason.
Posted at 13:10 by Howard Bashman



"Kansas high court says schools underfunded; Legislature has until April 12 to fix the problem, justices rule": The Wichita Eagle provides this news update. The Topeka Capital-Journal offers a news update headlined "Court: State must increase school funding." And The Lawrence Journal-World offers a news update headlined "Kansas Supreme Court: Legislature must fix school finance law."
Posted at 13:00 by Howard Bashman



"Should Clarence Thomas be Chief Justice?" That's the subject of this week's "Debate Club" feature online at legalaffairs.org. The participants this week are Law Professors Stephen B. Presser and Samuel A. Marcosson.
Posted at 11:04 by Howard Bashman



"Behind the bench, he calls the shots ; Justices' unanimous opinion: Court's clerk reigns supreme." This article appears today in The Star-Ledger of Newark, New Jersey.
Posted at 11:00 by Howard Bashman



Access online today's ruling of the Supreme Court of Kansas in the much anticipated school finance case: The per curiam opinion can be accessed at this link.
Posted at 10:55 by Howard Bashman



The Governor of South Dakota pledges his support for legislation that would ban abortion: The Associated Press reports here that "Gov. Mike Rounds said he would sign legislation making abortion illegal in South Dakota if the 2005 Legislature passes a bill that meets his inspection." The article goes on to explain that the Governor hopes to provide the U.S. Supreme Court with a vehicle for reexamining its holding in Roe v. Wade.

In other abortion-related news, The Republican of Springfield, Massachusetts reports today that "RU-486 changes abortion climate."

And The San Antonio Express-News reports today that "Parental consent now on agenda."
Posted at 10:54 by Howard Bashman



"Madison County's reputation draws Bush": This article appears today in The St. Louis Post-Dispatch.
Posted at 10:34 by Howard Bashman



"Will Power: Court rules against estate award to Anna Nicole Smith; Federal appeals court overturns ruling that had awarded her $88.5 million of late tycoon husband's estate." Entertainment Weekly provides this report.
Posted at 10:15 by Howard Bashman



Supreme Court of Kansas is scheduled to issue its school finance ruling this morning: The Associated Press reports here that "The Kansas Supreme Court plans to rule Monday on whether the state is spending enough money on its schools and distributing the dollars it does spend fairly."
Posted at 10:12 by Howard Bashman



"Houston Chron: Read your blogs." The blog "Grits for Breakfast" offers this post today.
Posted at 10:10 by Howard Bashman



Stuart Buck won't apologize for the high regard in which he holds Justice Clarence Thomas: In a blog post that you can access here, Stuart examines the phenomenon of academics who appear to perceive the need to apologize for expressing favorable views of Justice Thomas.
Posted at 10:04 by Howard Bashman



"New Congress Will Consider Tax Reform, Ethics Rules": This segment (RealPlayer required) appeared on today's broadcast of NPR's "Morning Edition."
Posted at 10:00 by Howard Bashman



"Puerto Rico's governor sworn in; In his 1st speech, Acevedo Vila calls for unity and a focus on fighting violent crime": This article appears today in The South Florida Sun-Sentinel. And The Miami Herald reports today that "Governor of Puerto Rico is sworn in; Puerto Rico's new governor, Anibal Acevedo Vila, urged unity among residents of an island long divided by politics."
Posted at 09:54 by Howard Bashman



District of Columbia Court of Appeals reverses conviction of Iraq war protestor who refused to obey police line restriction in the vicinity of the White House: You can access last Thursday's ruling at this link.

In news coverage of the ruling, The Washington Post on Friday reported that "D.C. Appeals Court Criticizes Street Closing During Protest."
Posted at 09:50 by Howard Bashman



In today's edition of The Chicago Tribune: An article is headlined "Legal tide turning on detainee issue; Shifting opinion threatens nominee."

In other news, "Bush's tort reform efforts to start at 'judicial hellhole'; Speech in an Illinois county infamous for litigation will begin push to cap damage awards in lawsuits." The speech is slated for this Wednesday.

And an article reports that "Digitized prints can point finger at innocent; Handling, quality of image are risks."
Posted at 09:44 by Howard Bashman



The U.S. Supreme Court will be closed on Thursday, January 20, 2005, due to the Presidential Inauguration: The Court's announcement is here.
Posted at 09:33 by Howard Bashman



"Death penalty at center in smuggling case; Trucker accused in 19 deaths is sole defendant to face top sanction as trial opens this week": The Houston Chronicle contains this article today. It appears that the newspaper did not receive the news, which I posted about here on Saturday, that the U.S. Court of Appeals for the Fifth Circuit has issued a stay of all proceedings in the case to consider the federal government's petition for writ of mandamus.
Posted at 07:20 by Howard Bashman



"Brownback sees 'culture of life' prevailing in '05": This article appears today in The Wichita Eagle.
Posted at 07:15 by Howard Bashman



Point, counterpoint: Today's edition of USA Today contains an editorial entitled "Plan to fight for previously rejected judges isn't worth it."

In response, U.S. Senator Jeff Sessions (R-AL) has an op-ed entitled "Bush makes right move."
Posted at 07:10 by Howard Bashman



"If the ailing Rehnquist steps down, Senate Democrats might be inclined to prevent Scalia's ascension; here's why they shouldn't": Law Professor Steven Lubet has this op-ed today in Newsday.
Posted at 07:05 by Howard Bashman



The Los Angeles Times is reporting: In today's newspaper, an article reports that "UC Law School Needs to Privatize, Dean Says; Financial autonomy will help Berkeley's Boalt Hall weather state cuts, educator insists."

In other news, "As Senator, Physician Also Wants His Practice."

And an article reports that "Some Inmates Reject Tsunami-Won Liberty; Escapees are back at a Sri Lankan prison destroyed by waves and are helping rebuild it."

Yesterday's newspaper, meanwhile, contained a letter to the editor that appeared under the heading "His Supreme Court Wins Won't Benefit 'Victims.'"
Posted at 06:55 by Howard Bashman



"Judge in Mental-Disability Case Is Now Focus of One": The New York Times today contains an article that begins, "A retired federal judge who has dementia and lives in a nursing home is at the center of a legal debate that could have a far-reaching effect on the care of patients with Alzheimer's disease."
Posted at 06:50 by Howard Bashman



The Washington Post is reporting: Today's newspaper contains a front page article headlined "Two Issues May Deeply Divide Next Congress; Parties Are at Odds Over High Court, Social Security."

Charles Lane has an article headlined "Rehnquist's Health and Vote Contingencies."

And an editorial is entitled "Wrong Step on Judges."
Posted at 06:40 by Howard Bashman



Sunday, January 02, 2005
"Gonzales Is Likely to Face Hard Questions in Hearings": Neil A. Lewis will have this article in Monday's edition of The New York Times. The confirmation hearing for the Attorney General nominee will get underway in the Arlen Specter-led Senate Judiciary Committee this Thursday morning.
Posted at 22:45 by Howard Bashman



"Here they come again": The Berkshire Eagle today contains an editorial that begins:
It's like Bill Clinton trying to appoint Ramsey Clark or even Angela Davis to the federal bench. So far outside the mainstream of American social and legal thought were several of George W. Bush's judicial nominees over the past four years, that Senate Democrats had no choice but to tell him "no chance." And yet, here they come again.
Last Thursday, The Northwestern of Oshkosh, Wisconsin contained an editorial entitled "GOP leadership ignores long-term consequences."

And on Tuesday of last week, The Post-Standard of Syracuse, New York contained an editorial on the topic of judicial nomination and confirmation entitled "Collecting $200."
Posted at 22:40 by Howard Bashman



"Lifetime appointment requires practical approach by justices": This editorial appears today in The Daily Dispatch of Henderson, North Carolina.
Posted at 22:30 by Howard Bashman



From today's broadcast of NPR's "Weekend Edition - Sunday": The broadcast contained segments entitled "GOP Agenda Dominates New Congressional Session" and "Daniel Schorr: Changes on Supreme Court's Horizon" (RealPlayer required).
Posted at 18:30 by Howard Bashman



In Monday's edition of The Christian Science Monitor: An article will be headlined "First item as Congress convenes: Change the rules; House considers new ethics policies; Senate eyes rules affecting judicial nominees."

And in other news, "With new year, new state laws; Saturday ushered in plenty of change, from pets' inheritance to hikes in minimum wage."
Posted at 17:45 by Howard Bashman



"Assisted suicide debate renewed; 2 lawmakers start campaign to bring Oregon's law here": The San Francisco Chronicle contains this article today.
Posted at 09:40 by Howard Bashman



"Guatemala's death penalty debate intensifies; Country clings steadfastly to its sentencing option as opponents see signs of change": This article appears today in The Houston Chronicle.
Posted at 09:35 by Howard Bashman



Adam Liptak is reporting: Today in The New York Times, he has an article headlined "Chinese TV Director Sued by Falun Gong Claims Free Speech Protection in the U.S."

And in Friday's NYTimes, Liptak was co-author of an article headlined "At Leak Inquiry's Center, a Circumspect Columnist."
Posted at 09:25 by Howard Bashman



"Life-or-death ruling looms for teen killers; A highly anticipated U.S. Supreme Court decision could result in the lives of at least three young S.C. murderers being spared": The State, a newspaper based in Columbia, South Carolina, contains this article today.

That newspaper today also contains profiles of the three individuals now on death row in South Carolina for murders committed before they were 18 years old (see here, here, and here), a profile of someone sentenced to death for committing murder before turning 18 who is now entitled to a resentencing, and the profile of an individual awaiting a capital trial at the age of 26 for a death that occurred nine years ago.
Posted at 09:14 by Howard Bashman



"'I Really Consider Cannabis My Miracle'; Patients Fight to Keep Drug of Last Resort": This article focusing on the U.S. Supreme Court case known as Ashcroft v. Raich appeared yesterday in The Washington Post.
Posted at 09:10 by Howard Bashman



"National Rift Resonates in Md. Display; Ten Commandments On Public Site at Issue": The Washington Post contains this article today.
Posted at 09:04 by Howard Bashman



"Cupertino parents back school on Web; They aim to counter news reports in religious discrimination suit": This article appears today in The San Jose Mercury News. The web site on which the article focuses can be accessed here.
Posted at 09:00 by Howard Bashman



"Battle for the bench: You're up, Sen. Specter." The Pittsburgh Tribune-Review contains this editorial today.

In The Day of New London, Connecticut, Margaret Carlson today has an essay entitled "High Drama On The High Court."

And The Arizona Republic today contains an article headlined "Ariz.'s hefty role in new Congress"; before concluding, the article discusses the issue of judicial nominations and confirmation.
Posted at 08:54 by Howard Bashman



"Washington makes U-turn on what is meant by 'torture'": This article appears today in The Telegraph (UK).

And today in The San Jose Mercury News, Law Professor John Yoo has an essay entitled "Behind the `torture memos': As confirmation hearings near, lawyer defends wartime policy."
Posted at 08:45 by Howard Bashman



Saturday, January 01, 2005
"Ohio High Court: No Matchbook Tobacco Ads." The Associated Press offers this report about a ruling that the Supreme Court of Ohio issued on Thursday. And in coverage from Ohio, The Toledo Blade reported yesterday that "Ohio justices reject tobacco advertising on matchbook covers."
Posted at 23:44 by Howard Bashman



"Courts, Abortion and Common Sense": In Sunday's issue of The Washington Post, George F. Will has a quite interesting op-ed that begins, "A Supreme Court vacancy may soon ignite a controversy involving two entangled issues -- abortion and the role of courts in this constitutional democracy. Herewith a statement the president might usefully make sometime, somewhere, to disentangle the issues."

Will's op-ed refers to Sarah Blustain's essay entitled "Choice Language: Abortion is a right that ends in sorrow; Democratic rhetoric in the future must acknowledge this fact" published in the December 2004 issue of The American Prospect.
Posted at 23:40 by Howard Bashman



"Sentencing by the Numbers": Emily Bazelon will have this Idea Lab essay in tomorrow's issue of The New York Times Magazine.
Posted at 23:35 by Howard Bashman



"Though They Can't Wed, Gays May Now Divorce; Law expanding rights and responsibilities for state's domestic partners takes effect today": This article appears today in The Los Angeles Times.
Posted at 23:33 by Howard Bashman



"Long-Term Plan Sought For Terror Suspects": The Washington Post on Sunday will have a front page article that begins, "Administration officials are preparing long-range plans for indefinitely imprisoning suspected terrorists whom they do not want to set free or turn over to courts in the United States or other countries, according to intelligence, defense and diplomatic officials."
Posted at 23:30 by Howard Bashman



Tomorrow's edition of The New York Times Sunday Book Review contains a review of Seventh Circuit Judge Richard A. Posner's new book, "Catastrophe: Risk and Response." You can access the somewhat positive review at this link. One cannot deny that Judge Posner's book is being marketed at a propitious time.

Update: A friend emails to remind me about the memorable exchange of correspondence between Judge Posner and Professor Peter Singer (the author of this review of Judge Posner's latest book) on the subject of "Animal Rights" that Slate published back in June 2001. Judge Posner and Professor Singer also have at least one other notable accomplishment in common -- both have been profiled in The New Yorker (Posner here; Singer here).
Posted at 20:50 by Howard Bashman



"A Legal Quest Against the Death Penalty": Sunday's edition of The New York Times will contain an article that begins:
At night in his chambers, the federal judge would sign on to the Internet. He would pore over the details of criminal cases from around the country that had resulted in death sentences, and in which serious questions remained about the guilt of the condemned. Then he began to keep count -- 10, then 20, then more than 30.

During the day, he assigned his law clerks to further research the cases, track down opinions and records, and pull together any information leading to suspicions that those sentenced to death might be innocent.

Over the days and nights of 2001 and 2002, Judge Jed S. Rakoff of Federal District Court in Manhattan was engaged in what amounted to a bit of intensely personal, somewhat stealthy jurisprudence -- seeking to determine the constitutionality of the death penalty on new grounds.

While Judge Rakoff was overseeing one of the first federal death penalty cases to come before a judge in Manhattan in years, no one, including the lawyers for the two drug dealers facing trial before him, had made the novel legal claim that he was quietly exploring. Aware of the growing number of wrongly convicted inmates who were being exonerated through DNA testing, the judge wondered whether the death penalty violated due process because such prisoners obviously could not pursue claims of innocence if they were dead.

In an opinion in April 2002, Judge Rakoff sought to take a first step toward ending the death penalty.

"We now know, in a way almost unthinkable even a decade ago," he wrote, "that our system of criminal justice, for all its protections, is sufficiently fallible."

The decision gave brief if unexpected joy to the two defendants. It drew a sharp attack from prosecutors, who called it erroneous and over-reaching; it set off debate -- including scathing editorials -- about judicial activism run amok; and, perhaps not surprisingly, it won some praise from defense lawyers specializing in capital cases, who kicked themselves a little for not having made such an argument before.
Although in April 2002 U.S. District Judge Jed S. Rakoff of the Southern District of New York announced his tentative view that the federal death penalty was unconstitutional, it wasn't until July 1, 2002 that he actually issued his ruling declaring the federal death penalty unconstitutional. My coverage of that ruling, from July 2002, can be accessed here and here.

In December 2002, the U.S. Court of Appeals for the Second Circuit, by means of a decision you can access here, reversed Judge Rakoff's ruling. I first noted that reversal in a post available at this link.
Posted at 19:20 by Howard Bashman



"Arkansas judge OKs foster care; Gay parents pose no obstacle to kids' growth, court finds": Bob Egelko has this article today in The San Francisco Chronicle. On Thursday, I linked to this coverage of the ruling from The Arkansas Democrat-Gazette.
Posted at 16:30 by Howard Bashman



"Bigger Republican Majority Plans to Push Bush Agenda": An article that will appear in Sunday's edition of The New York Times states:
Senate Republicans gained four seats in the November elections, enlarging their majority to 55 to 45 and putting them closer to the 60 votes needed to break filibusters. The seven new Republican members include a core of fiscal and social conservatives moving across the Rotunda from the House who are strongly against abortion and for tax cuts.

Dr. Frist has indicated that he intends to use his enhanced majority to try to cut off Democratic filibusters of the president's judicial nominees by whatever means necessary, a threat that if carried out could ignite partisan warfare. Dr. Frist and Senator Harry Reid of Nevada, the new Democratic leader, are also wrangling over how to divide money for committee staff and resources.

Democrats in both chambers express a willingness to work with Mr. Bush and the Republican leadership, but say they will not be overpowered by majorities determined to push through an objectionable agenda or controversial nominees.

"Republicans control both the House and the Senate," Mr. Reid said in a statement. "They will establish the agenda, and they will decide if this Congress will work in a bipartisan fashion or be defined by partisan debate."
You can access the complete article at this link.
Posted at 15:00 by Howard Bashman



U.S. Court of Appeals for the Fifth Circuit to consider federal government's petition for writ of mandamus in death penalty prosecution arising from the truck smuggling deaths of nineteen illegal immigrants: Although federal courts across the Nation were officially closed yesterday in recognition of the New Year's Day holiday, yesterday a three-judge panel of the Fifth Circuit entered an order noted on that court's docket as follows:
COURT Order filed granting the appellant's motion for stay of trial and all pretrial proceedings pending the timely filing and final disposition of the United States' petition for writ of mandamus. IT IS FURTHER ORDERED that the United States shall file its petition for mandamus no later than the close of business on 1/4/05, and defendant shall respond no later than the close of business on 1/11/05 [5040182-1]. (EHJ/RHB/ECP) Copies to all counsel. [04-21030] (mcs)
As I noted yesterday in a post you can access here, The Houston Chronicle yesterday contained an article headlined "Prosecutors slapped in truck death case; Judge's order to explain pursuit of death penalty was ignored." The ruling of U.S. District Judge Vanessa D. Gilmore of the Southern District of Texas described in the article does not yet appear to be freely available online.

The initials shown on the docket entry quoted above indicate that the three Fifth Circuit judges who entered the stay were Circuit Judges Edith H. Jones, Rhesa H. Barksdale, and Edward Charles Prado. Thanks much to the reader who forwarded news of yesterday's Fifth Circuit order.
Posted at 14:45 by Howard Bashman



"A history lesson from the Chief": "SCOTUSblog" offers this report from Lyle Denniston and has posted online in PDF format Chief Justice William H. Rehnquist's "2004 Year-End Report on the Federal Judiciary."

Gina Holland of The Associated Press reports that "Rehnquist Defends Job Security for Judges." Reuters reports that "U.S. Top Judge Concerned About Criticism of Judges." And earlier this morning, I collected at this link other press coverage of the Chief Justice's Year-End Report.
Posted at 10:45 by Howard Bashman



"Golf club files suit over fine": The Atlanta Journal-Constitution today contains an article that begins, "Druid Hills Golf Club has filed suit against Atlanta, seeking to block the city from fining the eastside club for not treating partners of gay members the same as spouses of married members. The club also is seeking to have the city's human rights ordinance, passed in 2000 but not challenged until now, thrown out for violating the state Constitution."

A copy of the complaint initiating suit can be viewed at this link.
Posted at 10:20 by Howard Bashman



"For the sake of justice, the Supreme Court will have to keep a careful eye on the 5th Circuit." So concludes an editorial entitled "Court shows scorn for civil rights" published today in The St. Petersburg Times.
Posted at 10:18 by Howard Bashman



"Fresh Details Emerge on Harsh Methods at Guantanamo": Neil A. Lewis has this article today in The New York Times. Among the harsh methods described in the article are the playing of a Meow Mix cat food commercial and the playing of songs by Lil' Kim and Rage Against the Machine and rap performances by Eminem.
Posted at 10:15 by Howard Bashman



"Evangelical Leader Threatens to Use His Political Muscle Against Some Democrats": The New York Times today contains an article that begins, "James C. Dobson, the nation's most influential evangelical leader, is threatening to put six potentially vulnerable Democratic senators 'in the "bull's-eye"' if they block conservative appointments to the Supreme Court."
Posted at 00:15 by Howard Bashman



"Rehnquist Resumes His Call for Judicial Independence": Linda Greenhouse has this article today in The New York Times.

In The Washington Post, Charles Lane reports that "Rehnquist Offers A Historical View; Fights Over Judicial Branch Are Nothing New, He Writes."

And in The Los Angeles Times, David G. Savage reports that "Rehnquist Decries Pressure on 'Judicial Activists.'"
Posted at 00:10 by Howard Bashman







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